HomeMy WebLinkAbout03/10/2009 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MARCH 10, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 1
5. PROCLAMATIONS AND PRESENTATIONS - NONE 2
6. APPROVAL OF MINUTES 2
6.A. MINING WORKSHOP MEETING OF DECEMBER 19, 2008 2
6.B. REGULAR MEETING OFJANUARY13, 2009 2
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION 3
7.A. RESIGNATION OF DISTRICT 2 APPOINTEE TO THE PLANNING & ZONING
COMMISSION 3
7.B. APPOINTMENT OF DISTRICT 2 APPOINTEE TO THE PLANNING & ZONING
COMMISSION 3
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March 10, 2009
8. CONSENT AGENDA 3
8.A. PERMISSION TO ADVERTISE FOR AN ORDINANCE AMENDMENT TO SECTION
306.06, RESIDENCY RESTRICTIONS FOR REGISTERED SEX OFFENDERS 4
8.B. CHANGE ORDER No. 1 AND FINAL PAYMENT TO CKA AND ASSOCIATES, INC.
FOR THE BAYTREE AND MARBRISA DUNE RESTORATION AND WABASSO BEACH
PARK DUNE RESTORATION PROJECTS 6
8.C. RIGHT-OF-WAY ACQUISITION, BRM, LLC. A FLORIDA LIMITED LIABILITY
COMPANY, 3900 20TH STREET, 2040 40111 AVENUE, VERO BEACH, FL 6
8.D. REPLACEMENT OF 24" FORCE MAIN ON 15THAVENUE FROM OSLO ROAD TO
MASTER IN-LINE PUMP STATION NO. 89 — UCP No. 3096 — APPROVAL OF
FINAL PAYMENT TO DERRICO CONSTRUCTION CORPORATION 7
8.E. SR 60 FROM 66THAVENUETO 84THA VENUE CONFLICT RESOLUTION WITH
FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS,
APPROVAL OF CHANGE ORDER No. 1 AND FINAL PAY TO SCHULKE, BITTLE &
STODDARD FOR ENGINEERING DESIGN, SURVEYING AND CONSTRUCTION
ADMINISTRATION SERVICES, UCP #3026 8
8.F. CHILDREN'S SERVICES ADVISORY COMMITTEE'S RECOMMENDATION FOR
FUNDING REPORT AND AGENCY CONTRACT 9
8.G. APPROVAL OF WARRANTS AND WIRES - FEBRUARY 20, 2009 THRU FEBRUARY
26, 2009 9
8.H. UPDATE ON THE CORRIDOR STUDY, SCALE REPORT, AND RESOLUTION OF
NECESSITY FOR THE 66TH AVENUE PROJECT 9
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 10
10. PUBLIC ITEMS 10
10.A. PUBLIC HEARINGS - NONE 10
10.B. PUBLIC DISCUSSION ITEMS 10
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March 10, 2009
1O.B. 1. REQUEST TO SPEAK FROM DR. SAMUEL SADOW, UNIVERSITY MEDICAL
CLINICS, INC., REGARDING PROPOSAL FOR COUNTY HEALTH CARE SERVICES
CONTRACT 11
10. C. PUBLIC NOTICE ITEMS - NONE 14
11. COUNTY ADMINISTRATOR'S MATTERS 14
11.A. APPOINTMENTS TO CITIZEN'S ADVISORY TASK FORCE 14
12. DEPARTMENTAL MATTERS 14
12.A. COMMUNITY DEVELOPMENT 14
12.A.1. ESTABLISHMENT OFA CENSUS 2010 COMPLETE COUNTY COMMITTEE 14
12.B. EMERGENCY SERVICES - NONE 17
12.C. GENERAL SERVICES - NONE 17
12.D. HUMAN RESOURCES - NONE 17
12.E. HUMAN SERVICES - NONE 17
12.F. LEISURE SERVICES - NONE 17
12.G. OFFICE OF MANAGEMENT AND BUDGET 17
12.G.1. REQUEST FOR AGENDA; PROPERTY/CASUALTY INSURANCE 2009-10 18
12.H. RECREATION -NONE 18
12.I. PUBLIC WORKS 18
12.1.1. RIGHT-OF-WAY ACQUISITION- 66THAVENUE#0370, 6855 66TH AVENUE,
VERO BEACH, FL 32967, OWNER: JACKSON, JOHN JR. 18
12.1 UTILITIES SERVICES 20
12.11. CONSTRUCTION OFA 16" WATER MAIN IN CONJUNCTION WITH THE]
STREET PAVEMENT PROJECT FROM 66THAVENUETO 74THAVENUE- UCP 4023
20
13. COUNTY ATTORNEY MATTERS 21
13.A. RENEWAL OF EMPLOYMENT AGREEMENT 21
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March 10, 2009
14. COMMISSIONER ITEMS 22
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN- NONE 22
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE 22
14. C. COMMISSIONER GARY C. WHEELER - NONE 23
14.D. COMMISSIONER PETER D. O'BRYAN 23
14.D.1. LOCAL JOBS GRANT PROGRAM 23
14.E. COMMISSIONER BOB SOLARI - NONE 24
15. SPECIAL DISTRICTS AND BOARDS 24
15.A. EMERGENCY SERVICES DISTRICT - NONE 24
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 24
15. C ENVIRONMENTAL CONTROL BOARD - NONE 24
16. ADJOURNMENT 25
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March 10, 2009
March 10, 2009
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, March 10, 2009. Present were Chairman Wesley S. Davis, Vice Chairman Joseph E.
Flescher, and Commissioners Peter D. O'Bryan, Bob Solari, and Gary C. Wheeler. Also present
were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and Deputy
Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Father Tri Tang Pham, St. Helen's Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Joseph E. Flescher led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Addition: Item 8.H., Chairman Davis requested an emergency item be added to the
Consent Agenda; to update the Board on the Corridor Study, Scale Report, and Resolution of
Necessity for the 66th Avenue project.
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March 10, 2009
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Solari, the Board
unanimously approved the above change to the
Agenda.
5. PROCLAMATIONS AND PRESENTATIONS - NONE
6. APPROVAL OF MINUTES
6.A. MINING WORKSHOP MEETING OF DECEMBER 19, 2008
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Mining Workshop of December 19, 2008. There were none.
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the Minutes of the Mining
Workshop of December 19, 2008, as written.
6.B. REGULAR MEETING OFJANUARY13, 2009
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of January 13, 2009. 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 January 13, 2009, as written.
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March 10, 2009
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION
7.A. RESIGNATION OF DISTRICT 2 APPOINTEE TO THE PLANNING & ZONING
COMMISSION
The Board noted for the record, the resignation of District 2 Appointee Gerald
Weick, from the County Planning and Zoning Commission, and the Affordable Housing
Committee.
7.B. APPOINTMENT OF DISTRICT 2 APPOINTEE TO THE PLANNING &
ZONING COMMISSION
The Board noted for the record the appointment of Richard Zimmerman III, as the
District 2 Appointee, whose term will expire in 2011.
8. CONSENT AGENDA
Commissioner Solari requested to pull Item 8.A. for discussion.
Chairman Davis requested to pull Item 8.C. for discussion.
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Consent Agenda, as amended.
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March 10, 2009
8.A. PERMISSION TO ADVERTISE FOR AN ORDINANCE AMENDMENT TO
SECTION 306.06, RESIDENCY RESTRICTIONS FOR REGISTERED SEX
OFFENDER
Commissioner Solari asked if the proposed $10.00 fee covered the cost of
re -registration.
County Sheriff Deryl Loar explained the registration process and clarified that this
request is to modify an existing Ordinance that was passed last year, allowing a minimum fee to be
charged.
Jim Harpring, Esquire, addressed the increase of the proposed fees, provided the
statistics of criminal registrants, and clarified the law regarding certain sexual offenders
registering with the Sheriff's Department. He explained the preliminary, registration, and
re -registration process, and reported that the current fees do not allow the Department to recover
the costs. He believed the proposed fees to be commensurate to the fees that other County
Commissions, throughout the State, had approved.
After clarifying the costs, and who would be paying the fee, Commissioner Solari
preferred that the third party (the people who voluntarily move into the County after an offence)
pay the greatest share of the cost. He suggested the fee for registration be increased to $50.00 for
the initial registration, and $25.00 for re -registration.
County Attorney Will Collins felt it would be important to advertise at the higher
rate, and if public input causes the Board to change their minds, then they will have started at a
higher rate and can come down.
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March 10, 2009
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to raise the
initial registration fee to $50.00; the re -registration fee
to $25.00; and to re -advertise the Public Hearing.
Commissioner Wheeler voiced concern over charging a higher fee than what was
proposed, thinking that sexual predators might not register (as required) because they may not
have the funds. He suggested this be reviewed after one year, to see if the statistics support his
concerns.
Deputy County Attorney William DeBraal reminded the Board that this was being
brought forward for permission to advertise for an Ordinance Amendment, and setting a Public
Hearing.
Sheriff Loar did not feel the additional fee would be a hardship for the predators
since registering is a required stipulation of their probation.
The Chairman CALLED THE QUESTION. The
Board unanimously approved to raise the initial
registration fee to $50.00; the re -registration fee to
$25.00; and to re -advertise the Public Hearing.
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March 10, 2009
8.B. CHANGE ORDER No. 1 AND FINAL PAYMENT TO CKA AND
ASSOCIATES, INC. FOR THE BAYTREE AND MARBRISA DUNE
RESTORATION AND WABASSO BEACH PARK DUNE RESTORATION
PROJECTS
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved: (1) Change Order No. 1 with CKA &
Associates, Inc.; (2) application for Payment No. 2,
and (3) the release of retainage in the amount of
$34,096.31, as recommended in the memorandum of
March 2, 2009.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. RIGHT-OF-WAY ACQUISITION, BRM, LLC A FLORIDA LIMITED
LIABILITY COMPANY, 3900 20TH STREET, 2040 40TH AVENUE, VERO
BEACH. FL
Attorney DeBraal reported that the County needs to acquire the right-of-way strip
along SR 60, owned by BRM, LLC, Managed by Dr. Rick Root. He acknowledged that BRM,
LLC had contacted his office requesting to be withdrawn from the contract, claiming that they did
not understand that they had the right to severance damages. Staff continued to recommend that
the Board approve this matter since Dr. Rick Root circled and initialed the Contract (Para. 8:11)
indicating that the seller acknowledged receipt of the "Notice to Owner," and that he understood
his rights under Florida Law Chapters 73 and 74. Attorney DeBraal felt that Dr. Root was
experienced in these matters, and believed it was a "knowing waiver of any rights" under the
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March 10, 2009
Statute that he chose not to consult with an attorney. He requested the Board approve the
acquisition, authorize the Chairman to execute the Agreement, and proceed to close on the matter;
and if BRM decides not to close, then staff would come back to the Board for permission to file
suit in specific performance, to get them to perform on the contract as they promised.
Attorney DeBraal responded to questions from the Board as they sought
clarification on the right-of-way acquisition.
Commissioner Solari felt the County was being very generous with the offer, and
after having a discussion with the County Administrator regarding comparables, he stressed that
he would not vote for a penny more.
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Solari, the Board
unanimously approved Alternative No. 1 with BRM,
LLC, for the purchase of right-of-way for $34,847.00;
and authorized the Chairman to execute the
Agreement, as recommended in the memorandum of
February 25, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. REPLACEMENT OF 24" FORCE MAIN ON 15TH AVENUE FROM OSLO
ROAD TO MASTER IN-LINE PUMP STATION NO. 89 — UCP NO. 3096 —
APPROVAL OF FINAL PAYMENT TO DERRICO CONSTRUCTION
CORPORATION
March 10, 2009
7
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Pay Request No. 4 (final payment) from
Derrico Construction Corporation, in the amount of
$35,262.02; and approved the total cost of the labor for
the project in the amount of $113,046.44, as
recommended in the memorandum of February 12,
2009.
8.E. SR 60 FROM 66T71 AVENUE TO 84711AVENUECONFLICT RESOLUTION
WITH FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL
IMPROVEMENTS, APPROVAL OF CHANGE ORDER No. 1 AND FINAL PAY
TO SCHULKE, BITTLE & STODDARD FOR ENGINEERING DESIGN,
SURVEYING AND CONSTRUCTION ADMINISTRATION SERVICES, UCP
#3026
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved: (1) Change Order No. 1 to Work Order No.
5 from Schulke, Bittle & Stoddard, LLC for $22.06;
(2) approved the total amount of engineering services
of $91,494.56; and (3) approved Final Invoice for a
total amount of $4,477.81, as recommended in the
memorandum of February 25, 2009.
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March 10, 2009
8.F. CHILDREN'S SERVICES ADVISORY COMMITTEE'S RECOMMENDATION
FOR FUNDING REPORT AND AGENCY CONTRACT
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
accepted the Funding Report for 2008-09 as submitted,
and authorized the Chairman to execute individual
contracts with the approved funds as listed, and as
recommended in the memorandum of February 27,
2009.
GRANT CONTRACTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. APPROVAL OF WARRANTS AND WIRES — FEBRUARY 20, 2009 THRU
FEBRUARY26, 2009
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the list of Warrants and Wires as issued by
the Clerk to the Board for the time period of February
20, 2009 to February 26, 2009, as requested in the
memorandum of February 26, 2009.
8.H. EMERGENCY ITEM: UPDATE ON THE CORRIDOR STUDY, SCALE
REPORT, AND RESOLUTION OF NECESSITY FOR THE 66TH AVENUE
PROJECT
March 10, 2009
9
Assistant Public Works Director Chris Mora informed the Board that he had
received the final version of the Corridor Study and Scale Report (for the 66th Avenue segment
between SR 60 and North of 57th Street) early last week. He said it would be brought forward at
the March 17th Board of County Commission Meeting.
Attorney DeBraal recommended the Corridor Study be brought to the Board on
March 17th (in case there are recommended changes), and the Resolution of Necessity on March
24th.
Chairman Davis and Commissioner Solari preferred they both come before the
Board at the same time.
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
directed staff to bring the Corridor Study, and the
Resolution of Necessity to the March 17, 2009 Board
of County Commission Meeting.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -
NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS - NONE
10. B. PUBLIC DISCUSSION ITEMS
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March 10, 2009
1O.B.1. REQUEST TO SPEAK FROM DR. SAMUEL SADOW, UNIVERSITY
MEDICAL CLINICS, INC., REGARDING PROPOSAL FOR COUNTY HEALTH
CARE SERVICES CONTRACT
Doctor Samuel Sadow, 11th Court, Vero Beach, joint founder and CEO of
University Medical Clinics (UMC), Inc., shared his proposed vision and options for a local
employee health care program. He presented a snapshot of his company, the level of services
available, the six clinics within the County, proposed expansions, and the priority of service
package. He told the Board that UMC would provide dedicated staffing for a free-standing
employee health clinic, or expand their current medical centers. He also noted the additional
benefits and expanded services, which would include drug dispensing, x-ray, occupational
medicine, drug testing, and routine physicals for fire fighters and police officers.
Human Resources Director James Sexton clarified that Dr. Sadow's clinic would cut
the profiteers; that it is a non-profit organization; is currently on the PPO network; and that it
would be a dedicated County Employee Health Center where only County employees would go for
care, and there only. He thereafter explained the specific differences between Dr. Sadow's
program and the models that staff had been researching. He acknowledged that this would be
brought back to the Board in a couple weeks with staffs final recommendation.
Chairman Davis wanted to know why Dr. Sadow was not providing the City of Port
St. Lucie with the same proposal, since they already have a clinic in place.
Dr. Sadow acknowledged that the City of Port St. Lucie already has a contract in
place, whereas the County does not. He revealed that his major business interests are in and
around Indian River County, which is also where most of his employees live.
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March 10, 2009
Commissioner Wheeler felt that Dr. Sadow's program was appealing; however, he
believed Dr. Sadow should work with our staff (as the other company did), then direct staff to
bring it to the Board with a list of pros and cons, for discussion and final decision at that time.
Commissioner Solari felt the same as Commissioner Wheeler. He believed that
competition "keeps everyone on their game," and that two proposals would make it easier to
develop and ask the right questions. He wanted staff to provide the information to the
Commissioners ahead of the normal Agenda schedule, so they could have extra time to review the
bids. He also asked staff to ensure that when the presentations are made that the data be kept as
similar as possible for accurate comparisons.
There was a brief discussion regarding whether the program would be voluntary for
the County employees, to either choose to go to the Medical Center or their own physician.
Director Sexton clarified that the County was not out to bid at this point; and County
Administrator Joe Baird reiterated that this was not the proper process, for one doctor to come
before the Board and say "here is what I can do." He said he appreciated Dr. Sadow's
presentation, but recommend that all interested parties be given the same opportunity, and to do it
through the proper and formal process.
Director Sexton acknowledged that there had not been a formal recommendation
sent to the County Attorney.
Vice Chairman Flescher pointed out that there was no start up cost in Dr. Sadow's
facility, as in the other facility, regarding the partnership and Interlocal Agreement. He wanted to
ensure that Dr. Sadow would have the opportunity to bring some of the objections to closure. He
felt there were a lot of high points in the presentation that would benefit the County employees, as
well as the taxpayers.
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March 10, 2009
Director Sexton explained how the City of Vero Beach met their bid requirement,
and went through the process.
Commissioner O'Bryan wanted to see comparisons between the companies. He felt
that with Dr. Sadow's program, we would have existing coverage in the south, central and north
counties; and that the County workers residing in Sebastian, Palm Bay, or North St. Lucie would
have quick access. He said he would like Dr. Sadow, when he returns to the Board in April, to
address the following: (1) how much time it would take to provide comparative coverage; (2)
specifics of the Joint Commission Accreditation; and (3) and the meaning of "our patient" when
relating it to the patient needing more care.
At Vice Chairman Flescher's request, Director Sexton gave a brief overview of the
Employee Health Center program, and emphasized it as a "win-win" situation for the County,
employees, and taxpayers. He considered this to be a situation where the County could be
responsible to the taxpayers by reducing health insurance costs. He said the employees,
dependents, and retirees would have an Employee Health Center where they could visit a doctor
(not a nurse), and get their treatments and prescription drugs, all at zero co -pay. Director Sexton
emphasized that the program would be optional, and not a replacement to the National Network of
Blue Cross/Blue Shield. He pointed out that Blue Cross/Blue Shield recognizes the model that
staff has been looking at, and that it would reduce the County's administrative fees by $4.50 per
head, totaling $80,00 to $90,000 per year.
Commissioner Solari said the decision has two parameters: quality of care and cost;
and the better that the Commission understands that, prior to the decision, the better the results.
NO ACTION REQUIRED OR TAKEN
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March 10, 2009
10. C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR'S MATTERS
11.A. APPOINTMENTS TO CITIZEN'S ADVISORY TASK FORCE
Administrator Baird requested each Commissioner to recommend an appointment to
the Citizen's Advisory Task Force for the Community Development Block Grant Neighborhood
Stabilization Program.
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Solari, the Board
unanimously approved the appointments to the
Citizen's Advisory Task Force for the Community
Development Block Grant Neighborhood Stabilization
Program as follows: Commissioner O'Bryan
appointed Cathy Thomas; Vice Chairman Flescher
appointed Sal Neglia, Chairman Davis appointed
Anjani Cirillo; Commissioner Solari appointed Larry
Lauffer; and Commissioner Wheeler appointed
Donald Hart, Sr.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. ESTABLISHMENT OFA CENSUS 2010 COMPLETE COUNTY COMMITTEE
Community Development Director Bob Keating asked the Board to create an Indian
River County Census 2010 Complete Count Committee. He explained the Committee's
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March 10, 2009
objectives, the importance of the information being sought, and proposed that the committee be
comprised of 15 members. He said the committee should consist of one person from each
Municipality and the others targeted to the lower income of the County. He disclosed that at this
time, there were no recommended names to go with the positions.
Attorney Collins told the Board that they could make the appointments, and that
there was no Ordinance required.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, to form a
Complete Count Committee.
Under discussion, Commissioner Solari believed there could be Constitutional
problems in how the 15 people are selected. He noted that the census data, paired with the
representation, reflected significant problems, and that his understanding (from the backup) was
that the purpose is to get the best count of people possible. He suggested that the Orchid
representative move to a nonprofit organization (such as United Way or a Boy Scout Group); and
make an amendment to the representatives from the Gifford area, where it is stipulated that one of
the members be from the Pastoral Association.
Director Keating clarified that staff believed all the Municipalities should have
representation, whether they had people that are difficult to count or not, which is why Orchid is
listed. He informed the Board that more than 15 members could be assigned to the committee.
Commissioner Solari asked Commissioner Wheeler if it would be acceptable to
increase the size of the committee in his Motion, Commissioner Wheeler agreed.
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March 10, 2009
Commissioner O'Bryan suggested a representative from the Sheriff's Office be
included to help spread the word, since law enforcement is already in all parts of the County.
MOTION WAS AMENDED by Commissioner
Wheeler, SECONDED by Vice Chairman Flescher, to
form a 2010 Complete Count Committee that is
comprised of 19 members instead of 15 members.
Fred Mensing, Roseland, felt all the Homeowner Associations should be contacted
so they could supply a representative to the committee.
Commissioner O'Bryan acknowledged there to be over 100 Homeowner
Associations in the County, and believed it would be unwieldy to include a representative from
each Homeowner Association; however, he agreed the committee should contact them so they can
relay the information to their members.
The Chairman CALLED THE QUESTION and the
Amended Motion carried. The Board unanimously
approved to form the Indian River County Census
2010 Community Action Committee; active until June
2010; amending membership to 19, which consists of
the following:
1 from Law Enforcement (Sheriff's Office)
1 from the Pastoral Association
1 from United Way
1 from a Community organization (Boy or Girl Scouts)
1 from the Board of County Commissioners
1 from the City of Vero Beach
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March 10, 2009
1 from the City of Sebastian
1 from the City of Fellsmere
1 from the Town of Indian River Shores
1 from the Town of Orchid
1 from the Press Journal
1 from the School Board
2 from the Gifford Area
1 from the Oslo Area
1 from the Wabasso Area
1 from the Fellsmere Area (Hispanic population)
1 from the Local Businesses
1 from a Local Faith -Based Organization
Commissioner Wheeler wanted to know which Commissioner would represent the
Board, and Vice Chairman Flescher volunteered.
12.B. EMERGENCY SERVICES - NONE
12. C GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12. E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
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March 10, 2009
12. G.1. REQUEST FOR AGENDA; PROPERTY/CASUALTY INSURANCE 2009-10
Management and Budget Director Jason Brown, recapped his Memorandum of
March 2, 2009. He reported that the Selection Committee had evaluated the proposals for the
County's insurance services, and unanimously determined Arthur J. Gallagher Risk Management
Services (AJG) to be the leading proposer. He addressed the limits of coverage, the proposal, and
optional property coverage that was submitted by AJG. Director Brown said that based on a
scientific computer model, staff recommended the $25 million dollar limit proposal.
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the Property/Casualty
Insurance Program as proposed by Arthur J. Gallagher
Risk Management Services, Option 2, and authorized
staff to bind coverage for the April 1 inception date, as
recommended in the memorandum of March 2, 2009.
REQUESTS FOR PROPOSAL ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.H. RECREATION - NONE
12.1. PUBLIC WORKS
12.1.1. RIGHT-OF-WAY ACQUISITION— 66THAVENUE #0370, 6855 66TH
AVENUE, VERO BEACH, FL 32967, OWNER: JACKSON, JOHN JR.
Assistant County Administrator Michael Zito reviewed his Backup Memorandum of
March 2, 2009, and used an aerial projection to provide background, description, and engineering
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March 10, 2009
necessity regarding a voluntary land acquisition in lieu of eminent domain for said property. He
said Mr. Jackson was not willing to sever the property, and that the appraisal (ordered by the
County) came in at $69,000 for the partial take and $380,000 for the whole take; and the appraisal
from Mr. Jackson's attorney valued the property at $600,000 for the whole take. He said the
conditional settlement offer follows two settlement conferences, the result being a proposal to
purchase the entire property for $480,000, plus $14,190 to cover Mr. Jackson's attorney fees, plus
$4,122 for appraisal fees, a total of $498,312.
Assistant Public Works Director Chris Mora, through an aerial map and PowerPoint
presentation, revealed the Jackson property in detail, explained the right-of-way required to widen
66th Avenue, and summarized the appraisals and mediations.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher to approve
staff's recommendation to purchase the parcel.
In response to Commissioner O'Bryan, Assistant County Administrator Zito
explained the appraisals and the comparable variance between commission appraisals and eminent
domain appraisals; and Director Mora defined the proposed right-of-way line to the carport and
house. Commissioner O'Bryan did not think it would be wise to buy the entire parcel for what
little property is required; and he did not believe the $10,000 deposit (to secure the value) would be
enough.
Commissioner Solari felt the two-year leaseback was appropriate, and that it added
value, but he wanted to see the value put in a monitory form to reflect the benefit to the applicant.
Administrator Zito said it could be done.
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March 10, 2009
Commissioner Wheeler felt the price was fair and reasonable. He felt to go back and
start this process again, would end up costing more in the end with legal fees, time, and
inconvenience, not to mention the emotional stress to the owner of the property.
Vice Chairman Flescher wanted this to move forward as quickly as possible. He
also believed that if it goes into a legal venue, the premiums would be higher.
There was a brief period where the Board directed questions to Administrator Zito
for clarification.
THE CHAIRMAN CALLED THE QUESTION and
the Motion carried 4-1 (Commissioner O'Bryan
opposed). The Board approved Alternative No. 1, the
purchase of 1.75 acres, for $498,312, plus leaseback;
and authorized the Chairman to sign the purchase
Agreement and Lease, as recommended in the
memorandum of March 2, 2009.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called a recess at 10:38 a.m. and reconvened the meeting at 10:48
a.m., with all members present.
12.J. UTILITIES SERVICES
12..11. CONSTRUCTION OF A 16" WATER MAIN IN CONJUNCTION WITH THE
16TH STREET PAVEMENT PROJECT FROM 66THA VENUE TO 74THA VENUE
- UCP 4023
March 10, 2009
20
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the in-house design, permitting, and bid of a
16" water main constructed along 16th Street, from 66th
Avenue to 74th Avenue, in conjunction with the road
improvements, as recommended in the memorandum
of February 25, 2009.
13. COUNTY ATTORNEY MATTERS
13.A. RENEWAL OF EMPLOYMENT AGREEMENT
County Attorney Will Collins informed the Board that his annual contract would
expire in one week. He proposed renewing his contract with the same terms as last year,
everything remaining the same, except one year from the commencement date of March 17, 2009.
Commissioner O'Bryan disclosed that Attorney Collins had told him that at the end
of his contract renewal (March 2010), he would be retiring. He wanted confirmation that it was
still his intention.
Attorney Collins affirmed that it was still his intent to retire. He predicted that
finding his replacement, should the Board decide to go to a state-wide search or broader, could
take five or six months; however, with today's internet capability, and there being more
communication with the legal community, it could be sooner. He suggested the Board consider his
replacement not later than August.
21
March 10, 2009
Vice Chairman Flescher voiced concern with Section 5 of the Contract, Additional
Benefits, where it stated, "County agrees to make annual contributions into a County approved
deferred compensation program designated by Attorney, throughout the term of employment,
equal to the maximum annual contribution allowed by law." He said that last year he did not
approve the contract, particularly this section, based on the fact that it was up from $20,000 to
$33,000. He felt it could represent one of the lost jobs being considered in the future, and that it
brings the compensation package to slightly over $200,000 which is a little less than 25% of the
Attorney's budget.
Commissioner Wheeler had trouble understanding the inconsistency in treating our
Attorney differently than we treat our Administrator.
ON MOTION by Commissioner Solari, SECONDED
by Chairman Davis, the Board, by a vote of 3-2
(Commissioners Wheeler and Flescher opposed)
approved a one-year extension of the Employment
Agreement for County Attorney William G. Collins II,
as recommended in the memorandum of March 4,
2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE
14. B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE
22
March 10, 2009
14. C. COMMISSIONER GARY C. WHEELER - NONE
14.D. COMMISSIONER PETER D. O'BRYAN
14.D.1. LOCAL JOBS GRANT PROGRAM
Commissioner O'Bryan pointed out that the discussions at the Chamber Leadership
meetings and the Economic Summit identified that the Jobs Grant Program is low. He identified
the proposed increases to the Jobs Grant, and said they would be targeted to the County's Targeted
Industries List, in an attempt to bring high quality jobs to our area, not including retail and
restaurants. He said this would be a long term additional benefit that the County could offer to try
to increase businesses that are expanding or relocating here.
Linda Gonzales, Economic Development Council (EDC), explained why her
committee supports the proposed changes.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, to approve
the proposed changes to the Local Jobs Grant Program,
as recommended in the memorandum of March 4,
2009.
Commissioner Solari asked Commissioner O'Bryan if he would consider going
back two or three years to seek performance, or monitor the costs going forward in order to
evaluate its effectiveness. He also asked about proposed changes to the targeted industries.
23
March 10, 2009
Commissioner O'Bryan disclosed that the EDC has a proposed change to the
Targeted Industries List, and he would provide Commissioner Solari with a copy for his review.
He said that they have not made a formal vote on it and that the Courts would have to come before
the Board for final action. He also mentioned that it would be a Comprehensive Plan change.
Commissioner Wheeler clarified the dollar amounts to be paid out under the
proposed program and affirmed that if the jobs were to be eliminated, the monies would cease.
THE CHAIRMAN CALLED THE QUESTION. The
Board unanimously approved the proposed changes to
the Local Jobs Grant Program, as recommended in the
memorandum of March 4, 2009.
14. E. COMMISSIONER BOB SOLARI - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
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March 10, 2009
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11:02 a.m.
ATTEST:
Jeffre arton, Clerk
Minutes Approved: MAY 0 5 2009
BCC/LAA/2009Minutes
March 10, 2009
Wesley S. Davis, Chairman
25 It 137 P6 434