HomeMy WebLinkAbout03/17/2009 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MARCH 17, 2009
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 2
A. PRESENTATION BY PELICAN ISLAND AUDUBON SOCIETY OF THE MAGGY
BOWMAN CONSERVATIONIST OF THE YEAR AWARD TO KEITH MCCULLY AND
CLIFF SOUTHARD, INDIAN RIVER COUNTY ENGINEERS FOR THE MAIN RELIEF
CANAL PROJECT; AND HIMANSHU MEHTA, INDIAN RIVER COUNTY SOLID
WASTE DISPOSAL DISTRICT, FOR EXPANSION OF RECYCLING AND RECOVERY
PROGRAMS 2
B. PRESENTATION BY PELICAN ISLAND AUDUBON SOCIETY OF THE
PRESIDENT'S AWARD TO GEORGE GLENN, INDIAN RIVER COUNTY
ATTORNEY'S OFFICE FOR PROTECTING OUR COUNTY'S CONSERVATION
LANDS. 3
C. INTRODUCTION OF DR. WAYNE CREELMAN BY MRS. ELLIE MCCABE, THE
ROBERT F. AND ELEONORA W. MCCABE FOUNDATION. PRESENTATION BY
1
March 17, 2009
DR. CREELMAN ON THE UNIVERSITY OF FLORIDA'S CENTER FOR PSYCHIATRY
AND ADDICTION MEDICINE IN VERO BEACH 3
6. APPROVAL OF MINUTES 4
A. REGULAR MEETING OF JANUARY 20, 2009 4
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION 5
A. 2009 ELECTION OF MPO BICYCLE ADVISORY COMMITTEE (MPOBAC)
CHAIRMAN AND VICE CHAIRMAN 5
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES - FEBRUARY 27, 2009 THRU MARCH 5,
2009 5
8.B. APPROVAL OF ANNUAL FINANCIAL REPORT BY COUNTY COMMISSIONERS 6
8.C. APPROVAL OF BID AWARD FOR IRC BID No. 2009033 FYBROC SERIES 1500,
3x4x13 PUMP 6
8.D. APPROVAL OF WORK ORDER No. 1 (ENGINEERING) WITH UNIVERSAL
ENGINEERING SCIENCES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES
CONTRACT RFQ No. 2008071, 66TH AVENUE FROM 16TH STREET TO SOUTH
S.R. 60 - IRC PROJECT #9810-A; 16171 STREET FROM 74771 AVENUE TO 66TH
AVENUE - IRC PROJECT #9920; 66TH AVENUE FROM SOUTH OF S.R. 60 TO
NORTH OFS.R. 60 - IRC PROJECT #0545 7
8.E. AMENDMENT No. 1 TO THE PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH W.F. MCCAIN & ASSOCIATES, INC., EAGLE TRACE
SUBDIVISION PHASE II - PHASE 1 REPLAT 7
8.F. WORK ORDER No. 4 (ENGINEERING/SURVEYING), MASTELLER, MOLER, REED
AND TAYLOR, INC., CR512 PHASE V ROADWAY TOPOGRAPHIC SURVEY. FINAL
PAY AND RELEASE OF RETAINAGE 8
2
March 17, 2009
8.G. HOBART INDUSTRIAL PARK 16 -INCH WATER MAIN CONSTRUCTION, UCP No.
2387, APPROVAL OF FINAL PAYMENT TO CONSULTING ENGINEER AND
RELEASE OF RETAINAGE 8
8.H. APPROVAL OF BID AWARD FOR IRC BID No. 2009032 40 CU YD CLOSED HIGH
TOP RECYCLING ROLL OFF CONTAINERS 9
B.I. MISCELLANEOUS BUDGET AMENDMENT 008 9
8.J. 40 YEAR LEASE OF VACANT LAND TO THE SENIOR RESOURCE ASSOCIATION 9
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES 11
A. INDIAN RIVER COUNTY SHERIFF DERYL LOAR 11
RED LIGHT ENFORCEMENT PROGRAM - GRANT REQUEST 11
10. PUBLIC ITEMS 11
A. PUBLIC HEARINGS 11
1. REQUEST FOR AUTHORIZATION FOR THE COMMUNITY
DEVELOPMENT DIRECTOR TO MAKE APPLICATION FOR
A NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
(LEGISLATIVE) 11
10.B. PUBLIC DISCUSSION ITEMS 15
1. REQUEST TO SPEAK FROM KEITH MILLIGAN REGARDING APPELLATE
MANDATE AND MY MOTION 15
10.B.2. REQUEST TO SPEAK FROM CHARLES WILSON, MEDIA ARTS GROUP,
ALZHEIMER'S PARKINSON'S ASSOCIATION, REGARDING TELEVISION ACCESS
FOR NON -PROFITS 16
3
March 17, 2009
10.B.3 REQUEST TO SPEAK FROM FRANK ZORC REGARDING INVESTIGATION OF
CONTAMINATION AT GIFFORD LANDFILL 18
10. PUBLIC NOTICE ITEMS 18
C. NOTICE OF SCHEDULED PUBLIC HEARINGS: 18
1. REGULAR MEETING OF MARCH 24, 2009 18
COUNTY INITIATED REQUEST: AMEND THE TEXT OF THE INDIAN RIVER COUNTY
CODE, SECTION 1000.06 "IMPOSITION" OF IMPACT FEES TO PROVIDE AN
EXCEPTION TEMPORARILY SUSPENDING THE IMPOSITION OF IMPACT FEES FOR
EMERGENCY SERVICES FACILITIES, CORRECTIONAL FACILITIES, PUBLIC
BUILDINGS DEVELOPMENT, SOLID WASTE FACILITIES, AND LAW
ENFORCEMENT FOR SIX MONTHS (LEGISLATIVE) 18
2. REGULAR MEETING OF APRIL 7, 2009 19
COUNTY INITIATED REQUEST: AMEND THE TEXT OF THE COMPREHENSIVE PLAN'S
FUTURE LAND USE ELEMENT AND THE COASTAL MANAGEMENT ELEMENT TO
CHANGE THE DEFINITION OF THE COASTAL HIGH HAZARD AREA; AMEND THE
COASTAL HIGH HAZARD AREA MAP, FIGURE 9.24 OF THE COASTAL
MANAGEMENT ELEMENT; AMEND THE COASTAL HIGH HAZARD AREA MAP,
FIGURE 2.29 OF THE FUTURE LAND USE ELEMENT; AND AMEND THE FUTURE
LAND USE MAP BY DEPICTING THE REVISED COASTAL HIGH HAZARD LINE
(LEGISLATIVE) 19
11. COUNTY ADMINISTRATOR MATTERS - NONE 19
12. DEPARTMENTAL MATTERS 19
12.A. COMMUNITY DEVELOPMENT 19
1. CONSIDERATION OF REVISED INDIAN RIVER COUNTY LOCAL HOUSING
ASSISTANCE PLAN FOR FISCAL YEARS 2009-2010 THROUGH 2011-2012 19
4
March 17, 2009
12.A.2. FOLLOW-UP REPORT ON STATE REQUIREMENTS FOR A SUBMERGED LANDS
LEASE OR REMOVAL OF STRUCTURES FROM BOAT CLUB ISLAND (FOLLOW-UP
TO 12/16/08 AND 2/10/09 BOARD ITEMS) 23
12.B. EMERGENCY SERVICES - NONE 24
12.C. GENERAL SERVICES 25
1. INDIGENT CREMATION/BURIAL POLICY AND RESOLUTION DESIGNATING THE
COUNTY ADMINISTRATOR OR HIS DESIGNEE AS THE "LEGALLY AUTHORIZED
PERSON" AS DEFINED WITHIN SECTION 497.005(37) FLORIDA STATUTES 25
12.D. HUMAN RESOURCES - NONE 25
12.E. HUMAN SERVICES - NONE 25
12.F. LEISURE SERVICES - NONE 25
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 26
12.H. RECREATION - NONE 26
12.I. PUBLIC WORKS 26
66111AVENUE(SR 60 TO 57TH STREET) CORRIDOR STUDY /S.CA.L.E. REPORT 26
12.J. UTILITIES SERVICES 28
1. SR 60 FROM 66TH AVENUE TO 82ND AVENUE CONFLICT RESOLUTION WITH
FDOT / RANGER CONSTRUCTION FOR APPROVAL OF RETAINING RANGER
5
March 17, 2009
CONSTRUCTION INDUSTRIES, INC., TO RAISE VALVE, ARV AND MANHOLE
TOPS AND APPROVE THE COUNTY SUPPLYING ALL MATERIALS, UCP #3098 28
12.J.2. WEST REGIONAL WASTEWATER TREATMENT PLANT EXPANSION FROM 2 MGD
TO 6 MGD - CHANGE ORDER No. 3 FOR DIRECT PURCHASE OF MATERIALS —
UCP - 2621 28
12.J.3. REQUEST FOR SOLE SOURCE FOR REPAIRS FOR ABS AND FLYGT PUMPS
FOR WASTEWATER 29
12.J.4. NORTH COUNTY REVERSE OSMOSIS PLANT - CAMP DRESSER MCKEE
(CDM) AMENDMENT No. 5 TO WORK ORDER No. 1 FOR ADDITIONAL
PROFESSIONAL SERVICES IN PERMITTING & GENERAL SERVICES DURING
CONSTRUCTION 29
13. COUNTY ATTORNEY 30
A. SIDEWALK EXTENSION REQUEST, DEVELOPER: PASSAGE ISLAND HOMES,
INC, PROJECT: CITRUS SPRINGS VILLAGE "G" - PD 30
13.B. MENSING REQUEST FOR RIGHT-OF-WAY ABANDONMENT 32
13.C. ACQUISITION OF RIGHT-OF-WAY AND DRAINAGE EASEMENT ALONG 66TH
AVENUE 32
13.D. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY LOCATED AT
4875 66711 AVENUE, WILLL4MBETHEL, PARCEL 108 (HOMESTEAD) 33
13.E. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY LOCATED AT
4835 66TH AVENUE, WILLIAM AND RUTH STANBRIDGE, PARCEL 110
(HOMESTEAD) 34
13.F. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY LOCATED AT
4855 66TH AVENUE, WILLIAM AND RUTH STANBRIDGE, NON -HOMESTEAD
PARCEL 109 34
13.G. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY LOCATED AT
5145 AND 5115 66TH AVENUE, MARY CHARLENE BROWN, PARCELS 107A AND
107B (HOMESTEAD) 35
6
March 17, 2009
13.H. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY LOCATED AT
THE NORTHWEST CORNER OF 66TH AVENUE AND 49TH STREET, MARY
CHARLENE BROWN, PARCELS 107C,107AND 404 36
14. COMMISSIONERS ITEMS 39
A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE 39
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN
- NONE 39
14.C. COMMISSIONER GARY C. WHEELER - NONE 39
1. REQUEST FOR RESOLUTION 39
14.D. COMMISSIONER PETER D. O'BRYAN - NONE 40
14.E. COMMISSIONER BOB SOLARI 40
1. CHINESE DRYWALL 40
14.E.2. FAC 2009 LEGISLATIVE DAY 41
15. SPECIAL DISTRICTS AND BOARDS 42
15.A. EMERGENCY SERVICES DISTRICT 42
1. APPROVAL OF MINUTES OF REGULAR MEETING OF JANUARY 20, 2009 42
2. APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 3, 2009. 42
3. AMEND RESOLUTION 2004-071, FEES FOR FIRE PREVENTION PLAN REVIEW AND
INSPECTIONS 42
7
March 17, 2009
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 42
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 42
16. ADJOURNMENT 43
8
March 17, 2009
March 17, 2009
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
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 17, 2009. Present were Chairman Wesley S. Davis, Vice Chairman Joseph
E. Flescher, and Commissioners Gary C. Wheeler, Peter D. O'Bryan, and Bob Solari. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Larry Boan, Central Assembly of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wesley S. Davis, Chairman, led the Pledge of Allegiance to the
Flag.
March 17, 2009 1
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY
ITEMS
1. NONE.
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
A. PRESENTATION BY PELICAN ISLAND A UD UBON SOCIETY OF
THE MAGGY BOWMAN CONSERVATIONIST OF THE YEAR A WARD TO
KEITH MCCULLY AND CLIFF SOUTHARD, INDIAN RIVER COUNTY
ENGINEERS FOR THE MAIN RELIEF CANAL PROJECT; AND
HIMANSHU MEHTA, INDIAN RIVER COUNTY SOLID WASTE
DISPOSAL DISTRICT, FOR EXPANSION OF RECYCLING AND
RECOVERY PROGRAMS
Dr. Richard Baker, President of the Pelican Island Audubon Society, presented
the Maggy Bowman Conservationist of the Year Award to three County employees, Himanshu
Mehta, Keith McCully, and Cliff Southard, in appreciation for all the work they have done.
March 17, 2009 2
B. PRESENTATION BY PELICAN ISLAND AUDUBON SOCIETY OF
THE PRESIDENT'S AWARD TO GEORGE GLENN, INDIAN RIVER
COUNTY ATTORNEY'S OFFICE FOR PROTECTING OUR COUNTY'S
CONSERVATION LANDS.
Dr. Richard Baker presented the President's Award to Assistant County
Attorney George Glenn in appreciation for his work, especially towards the Corrigan and Sand
Lakes issues.
C. INTRODUCTION OF DR. WAYNE CREELMAN BY MRS. ELLIE
MCCABE, THE ROBERT F. AND ELEONORA W. MCCABE
FOUNDATION. PRESENTATION BY DR. CREELMAN ON THE
UNIVERSITY OF FLORIDA'S CENTER FOR PSYCHIATRY AND
ADDICTION MEDICINE IN VERO BEACH
Mrs. Ellie McCabe, 331 Indian Harbor Road, and President of the McCabe
Foundation, briefly described the services provided by the Mental Health Collaborative of Indian
River County. She described Dr. Creelman's background and professional capabilities, and
spoke of his commitment to ethics and mental health issues.
Dr. Wayne Creelman, head of the newly established Center for Psychiatry and
Addiction Medicine in Vero Beach, gave an update of what is happening at the University of
Florida (UF), Center for Psychiatry and Addiction Medicine. He presented a short biography of
the Center's faculty and administrative staff; outlined the goals of the Center; explained what
makes UF at Vero unique; and listed the types of services to be provided. Their main mission is
the successful recruitment and retention of psychiatry professionals to Indian River County.
March 17, 2009 3
Dr. Creelman responded to questions from the Board regarding the geographical
location of the Center's customer base; the composition of full-time staff (MD's and PHDs);
services provided, and how services are structured (whether there would be insurance, or free
services involved). For more detailed information contact Sherri at the Center, at 772-794-0179.
Chairman Davis expressed appreciation for all the efforts of the McCabe
Foundation, especially the University of Florida setting up Office in Vero Beach, keeping us as
part of the Research Coast, and providing economic opportunities for individuals in this
community, not just mental health services.
6. APPROVAL OF MINUTES
A. REGULAR MEETING OF JANUARY 20, 2009
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the regular Meeting of January 20, 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 20, 2009, as written.
March 17, 2009 4
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION
A. 2009 ELECTION OF MPO BICYCLE ADVISORY COMMITTEE
(MPOBAC) CHAIRMAN AND VICE CHAIRMAN
[Noted for the record, the re-election of Libby Harrow as Chairman, and the election of Chief
Scott Melanson as Vice Chairman]
8. CONSENT AGENDA
Attorney Collins requested that Item 8.J be pulled for discussion.
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES - FEBRUARY 27, 2009
THRUMARCH5, 2009
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the list of Warrants and Wires issued by the
Clerk to the Board for the time period of February 27,
2009, to March 5, 2009, as requested in the
memorandum dated March 5, 2009.
March 17, 2009 5
8.B. APPROVAL OF ANNUAL FINANCIAL REPORT BY COUNTY
COMMISSIONERS
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved and authorized the Chairman to sign the
County's Annual Local Government Financial Report
for the fiscal year 2007-2008, as recommended in the
memorandum dated March 11, 2009.
REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. APPROVAL OF BID AWARD FOR IRC BID NO. 2009033
FYBROC SERIES 1500, 3x4x13 PUMP
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Bid Award to Orlando Pump &
Equipment, as the lowest most responsive and
responsible bidder, meeting the specifications as set
forth in the Invitation to Bid; and authorized the
issuance of a Purchase Order after receipt of the
appropriate Certificate of Insurance, as recommended
in the memorandum dated March 3, 2009.
March 17, 2009 6
8.D. APPROVAL OF WORK ORDER No. 1 (ENGINEERING) WITH
UNIVERSAL ENGINEERING SCIENCES, INC., PROVIDING
PROFESSIONAL GEOTECHNICAL SERVICES IN ACCORDANCE WITH
THE ANNUAL GEOTECHNICAL SERVICES CONTRACT RFQ No.
2008071, 66THAVENUEFROM 16TH STREET TO SOUTH S.R. 60 - IRC
PROJECT #9810-A; 16TH STREET FROM 74TH AVENUE TO 66TH
AVENUE—IRC PROJECT #9920; 66THAVENUEFROM SOUTH OFS.R.
60 TO NORTH OF S.R. 60 - IRC PROJECT #0545
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Work Order No. 1 (Engineering) to
Universal Engineering Sciences, Inc., authorizing the
projects as outlined in the Scope of Services, and
authorized the Chairman to execute said Work Order
for a not -to -exceed amount of $44,126.00, as
recommended in the memorandum of March 3, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. AMENDMENT No. 1 TO THE PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITH W.F. MCCAIN & ASSOCIATES, INC.,
EAGLE TRACE SUBDIVISION PHASE II — PHASE 1 REPLAT
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Amendment No. 1 to the Professional
Engineering Services Agreement with W.F. McCain
& Associates, Inc., and authorized the Chairman to
execute same, as recommended in the memorandum
of March 10, 2009.
March 17, 2009 7
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. WORK ORDER No. 4 (ENGINEERING/SURVEYING),
MASTELLER, MOLER, REED AND TAYLOR, INC., CR512 PHASE V
ROADWAY TOPOGRAPHIC SURVEY. FINAL PAY AND RELEASE OF
RETAINAGE
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of Invoice No. 2531-7663, dated
3/06/09, in the amount of $5,967.00 for final pay and
release of retainage for Work Order No. 4, as
recommended in the memorandum of March 9, 2009.
8.G. HOBART INDUSTRIAL PARK 16 -INCH WATER MAIN
CONSTRUCTION, UCP No. 2387, APPROVAL OF FINAL PAYMENT TO
CONSULTING ENGINEER AND RELEASE OF RETAINAGE
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Invoice No. 1107000 — Final as final
payment to the Consultant, W.F. McCain &
Associates, in the amount of $752.07, as
recommended in the memorandum of March 2, 2009.
March 17, 2009 8
8.H. APPROVAL OF BID AWARD FOR IRC BID No. 2009032 40 CU
YD CLOSED HIGH TOP RECYCLING ROLL OFF CONTAINERS
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Bid Award to WasteQuip
Manufacturing Company, as the lowest most
responsive and responsible bidder, meeting the
specifications as set forth in the Invitation to Bid; and
approved the issuance of a Purchase Order after
receipt of the appropriate Certificate of Insurance, as
recommended in the memorandum dated March 3,
2009.
8.1. MISCELLANEOUS BUDGET AMENDMENT 008
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-016 amending the fiscal
year 2008-2009 budget.
8.J. 40 YEAR LEASE OF VACANT LAND TO THE SENIOR RESOURCE
ASSOCIATION
Attorney Collins cleared up the discrepancy of the exact acreage of the subject
land. He pointed out that this is a 4 -year lease of vacant land to the Senior Resource Association,
where they will store, maintain and operate the buses; and whereas the Agenda item describes it
March 17, 2009 9
as a 5 -acre lease, and the Lease Agreement states it is a 2 -acre lease, it is in fact, by survey, 2.53
acres.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Solari, to approve
staff's recommendation, as amended, to reflect a
2.53 -acre property for lease.
There were no further discussions.
The Chairman CALLED THE QUESTION and the
motion carried unanimously. The Board: (1)
approved Resolution 2009-017, as amended to reflect
a 2.53 acres of property for lease, approving a forty -
year Lease with the Senior Resource Association,
Inc., a Florida non-profit Corporation; and (2)
authorized the Chairman to execute a Notice of
Termination of the prior lease as well as a
Memorandum of Lease for recording in the public
records of Indian River County, as recommended in
the memorandum of March 10, 2009.
(Clerk's Note: The Senior Resource Association was formerly known as the
Council on Aging, Inc.)
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
March 17, 2009 10
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
A. INDIAN RIVER COUNTY SHERIFF DERYL LOAR
RED LIGHT ENFORCEMENT PROGRAM - GRANT REQUEST
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, to approve
the Sheriff's Department's Grant Request.
Sheriff Loar described the nature of the request, stating that there would be zero
dollars to the taxpayers and zero dollars to the County, as they expand their traffic unit.
Vice Chairman Flescher thanked Kimberly Poole for all the work she has done for
the Sheriff's Office.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
the Sheriff's Department's request to apply to the
Florida Department of Transportation for Grant
dollars to implement its Red Light Enforcement
Program, as requested in the letter dated March 10,
2009.
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. REQUEST FOR AUTHORIZATION FOR THE
COMMUNITY DEVELOPMENT DIRECTOR TO MAKE
March 17, 2009 11
APPLICATION FOR A NEIGHBORHOOD STABILIZATION
PROGRAM (NSP) COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating introduced Consultant David Fox
who would present to the Board the County's Draft Neighborhood Stabilization Program (NSP)
Grant Application, which also included the NSP Housing Assistance Plan. He said the Citizens
Advisory Task Force has considered and unanimously recommended the Grant and has
authorized staff to submit it to the Board. Director Keating requested that the Board, after
hearing from Consultant Fox, approve the Application and the Housing Assistance Plan, and to
give authorization for staff to submit same to the State.
David Fox, Consultant of Fred Fox and Associates, provided background and
analysis on the request for authorization to submit an application for a Community Development
Block Grant (CDBG), which is being made available through a recently enacted Housing and
Economic Recovery Act by the Federal Government, which Act appropriated $3.92 billion in
CDBG funds under a new Neighborhood Stabilization Program for local governments to
purchase and redevelop abandoned or foreclosed properties. Indian River County is allocated to
receive $4,680,825; of that amount, $1,082,282.00, must be used for rental, to low income,
below 50% of the median household income.
Mr. Fox thereafter responded to questions from the Board regarding pricing,
those for whom the program is geared, and the number of contracts needed to qualify under the
Davis -Bacon Act.
Director Keating explained the objectives of the Program, which is mainly to
stabilize neighborhoods, which he said is why the money is focused on acquiring foreclosed
March 17, 2009 12
properties, fixing them up and then getting a resident in them. He described in detail the
County's involvement in the process and the cooperative process in working with non -profits
during the pre-acquisition stages, in identifying houses, negotiating price, and noted that title
would be put in the name of the non-profit and the County would not take title to any of these
homes, ever.
Director Keating responded to questions from the Board regarding the 12% to
non -profits, financing, the procurement process, the monies that get sent back to DCA,
secondary mortgage lien and the County's long-term cost of monitoring, holding that second
mortgage; and whether banks would be willing to negotiate a reduction in percent rate.
The Chairman opened the Public Hearing.
Tom Tierney, 6755 4th Street, speaking on behalf of Homeless Family Center and
the Coalition for Attainable Homes, (non -profits interested in this program) asked what the
process for making public comments and minor changes to the application entailed. He said
Attachment B was unclear in terms of evaluating the non -profits, and asked if there were any
criteria. He remarked that the Homeless Family Center had envisioned for some of their
residents, as they graduate from the facility, to be able to rent a house from the Center or from
the Treasure Coast Homeless Services Council, through the NSP. They would like their
residents to be able to get these rental units as opposed to having to go through the process as the
Coalition to buy these houses for rent and then have to end up renting to people who are not
affiliated with our member non -profits.
Director Keating said unfortunately there was no time to come back to the Board,
but if there were any significant comments, modifications could be made to the application after
it is submitted. He said staff would have evaluation criteria when it comes in with the Request
for Proposals (RFPs); and pointed out that the criterion was in the application, on page 2 of the
Housing Assistance Plan, which states that applicants that were on the local government's
March 17, 2009 13
affordable housing waiting list or a sub -recipients waiting list for eligible participants, the sub -
recipient would be the non-profit.
Sherri Reichert of Wells Fargo, and 13415 N. Indian River Drive, asked who
would be doing the training for the 8 -hour training or workshop that is required.
Director Keating said procurement would have to be done, and it has to be a HUD
qualified trainer.
Ms. Reichert offered to become pre -approved (to get HUD certified) so she could
conduct the training, as a service to the community She would not charge for her services.
Bridie Beuttell, 408 21st Street SE, questioned the process for public input and
how the County wanted to receive public input; how the 15 -day comment period would be
reflected in the proposal to be submitted; what information would be included in that; and who
would make that decision. Ms. Beuttell wanted to make sure that interested parties' concerns are
taken into consideration, because there would not be an additional Board meeting prior to the
submission of the application.
Director Keating, in response, said any written medium (e-mail or snail mail)
would suffice, and such communication should be directed to Sasan Rohani or himself. Further,
any comments received would be submitted with the application; and in the event the document
is submitted and a conflict arises, it would be brought back to the Board for modification, if
necessary.
Commissioner Solari noted that the Resolution approved, allows the Community
Development Director to make minor changes to the application.
March 17, 2009 14
There were no other speakers and the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Flescher,
SECONDED by Commissioner O'Bryan, the Board
unanimously: (1) approved Resolution 2009-018,
authorizing the Community Development Director to
make application to the Florida Department of
Community Affairs for a Neighborhood Stabilization
Program Community Development Block Grant for
Federal Fiscal Year 2009.
COPY OF GRANT APPLICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called a break at 10:28 a.m. and reconvened the Meeting at 10:41
a.m., with all members present.
10.B. PUBLIC DISCUSSION ITEMS
1. REQUEST TO SPEAK FROM KEITH MILLIGAN REGARDING
APPELLATE MANDATE AND MY MOTION
Mr. Milligan gave a chronological report on the purchase of the property,
construction on said land, the cost of buildings erected on the land, and deed restrictions
established on the 100 -acre property since 1925 to present. He said the County had informed
him that he was in violation of having a buffer zone and a consequential Lien was placed against
his property. He appealed to the District Court, which approved a Rescindment of Order
Imposing Fine and Related Orders Conditionally Setting Fine. He asked the County to honor the
Order and reverse the Liens, but they reversed the Order Imposing Fine and never rescinded the
Order finding him guilty. Despite several requests to staff to have this done, said Lien was still
March 17, 2009 15
in place. He informed the Board that he wanted the County to rescind the Order that found him
guilty, and he wanted a hearing for his expenses.
Deputy County Attorney Bill DeBraal said he and other County staff do not agree
with Mr. Milligan's rendition of the facts. He addressed the provisions of the Order concerning
costs and pointed out that this was not the right Board for Mr. Milligan to appeal. Mr. Milligan
needed to return to the Code Board that rendered that decision, and file his Motion regarding
costs.
Commissioner O'Bryan, commenting on the Rescinding Order Imposing Fine,
asked if Code had issued a Rescindment of the Order Finding a Violation. It was Mr. DeBraal's
belief that it has been done, but Mr. Milligan refuted that.
Attorney Collins and Board members discussed the forum responsible for
rescinding the Order finding Mr. Milligan guilty of the code violation.
Chairman Davis informed Mr. Milligan of his recourse. Mr. Milligan is to return
to the Code Board for a resolution.
1O.B.2. REQUEST TO SPEAK FROM CHARLES WILSON, MEDIA ARTS
GROUP, ALZHEIMER'S PARKINSON'S ASSOCIATION, REGARDING
TELEVISION ACCESS FOR NON -PROFITS
Charlie Wilson, 1057 6th Avenue, described the request for County television
access for non-profit organizations, like the Health Department, Humane Society, and the
Cultural Council. Media Arts Group, which he owns, has volunteered to help some of the non-
profits coordinate at no cost. He was aware that caution should be exercised to avoid this
March 17, 2009 16
becoming public access where anyone can say anything they want. He asked the Board to allow
him to work with County staff on how to make this happen.
Commissioner O'Bryan although sensitive to the plight of non -profits, was
concerned that we already have a local for profit TV station, local radio and newspapers, and
other advertising media, and if the County gets involved in competing with them and giving
away taxpayer -subsidized free resource, wondered how we would address that matter with the
local television agencies.
Commissioner Solari had several concerns and would be willing to hear more in
the future, but said this was putting us on the road for the government to make up for lost private
support, and he was not sure this was the right road for the government to be travelling down. He
stated that if we were to do this, we would have to have very clear criteria, because half or more
of the non -profits in this area are church related and we have had church related problems. He
felt the only appropriate way was to look at it as an in-kind donation, as part of the budgetary
process so that we have a clear sense of where we are going and how much we are donating
ahead of time. Furthermore, we would have to have some agreement from staff as to how much
time would be available, and it has to be part of the budget process, because it does cost the
County something. He expressed his hesitance, thinking "it is a dangerous road to travel."
Attorney Collins explained that the cable TV system, through the Federal
Communications Commission, has a Public Education and Governmental (PEG) system, and we
have always operated as a governmental channel. He feared that if we open it up to the public we
could not restrict the content on that PEG station. He too, was cautious about going down this
road, and getting things on a government channel that are not related to government, and having
the ability to limit what is broadcasted on the government channel.
March 17, 2009 17
Vice Chairman Flescher thought it was a great idea, but felt there would be too
many contradictions as mentioned by Commissioner Solari, along with the concerns of Attorney
Collins
Mr. Wilson asked if he could, with the Board's permission, continue to work
with County staff members; and if they come up with a solution to alleviate the fears of the
Board, could the Board allow him to return with more information for consideration.
Vice Chairman Flescher's main concern was that it would become a difficult
process, costly and cumbersome.
No Board action taken.
10.B.3 REQUEST TO SPEAK FROM FRANK ZORC REGARDING
INVESTIGATION OF CONTAMINATION AT GIFFORD LANDFILL
This item was pulled from the Agenda.
10. PUBLIC NOTICE ITEMS
C. NOTICE OF SCHEDULED PUBLIC HEARINGS:
1. REGULAR MEETING OF MARCH 24, 2009
COUNTY INITIATED REQUEST: AMEND THE TEXT OF THE INDIAN
RIVER COUNTY CODE, SECTION 1000.06 "IMPOSITION" OF IMPACT
FEES TO PROVIDE AN EXCEPTION TEMPORARILY SUSPENDING THE
IMPOSITION OF IMPACT FEES FOR EMERGENCY SERVICES
FACILITIES, CORRECTIONAL FACILITIES, PUBLIC BUILDINGS
DEVELOPMENT, SOLID WASTE FACILITIES, AND LAW
ENFORCEMENT FOR SIX MONTHS (LEGISLATIVE)
March 17, 2009 18
2. REGULAR MEETING OF APRIL 7, 2009
COUNTY INITIATED REQUEST: AMEND THE TEXT OF THE
COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT AND THE
COASTAL MANAGEMENT ELEMENT TO CHANGE THE DEFINITION OF
THE COASTAL HIGH HAZARD AREA; AMEND THE COASTAL HIGH
HAZARD AREA MAP, FIGURE 9.24 OF THE COASTAL MANAGEMENT
ELEMENT; AMEND THE COASTAL HIGH HAZARD AREA MAP,
FIGURE 2.29 OF THE FUTURE LAND USE ELEMENT; AND AMEND
THE FUTURE LAND USE MAP BY DEPICTING THE REVISED COASTAL
HIGH HAZARD LINE (LEGISLATIVE)
Attorney Collins read the above Notices into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
1. CONSIDERATION OF REVISED INDIAN RIVER COUNTY LOCAL
HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2009-2010 THROUGH
2011-2012
Community Development Director Bob Keating requested that the Board
approve the Local Housing Assistance Plan for Fiscal Years 2009-2010 through 2011-2012.
Commissioner O'Bryan remarked that currently, under the conventional loans, the
lenders do not charge a mortgage origination point, and their proposed change will allow them to
levy up to 1% origination; and if they do not do that they can increase the interest rate on the
loan by 1%. He asked if that was not adding a significant long-term cost by bumping a full
percent on the mortgage.
March 17, 2009 19
Director Keating answered affirmatively and explained why that was being done.
Commissioner O'Bryan did not have a problem allowing the point to be paid for
the closing cost; but would like to see us delete the option that allows lenders to bump up the
mortgage rate.
Sheri Reichert, Wells Fargo, explained that the 1 -point option began with Fannie
Mae and Freddie Mac changing their pricing structure. She said this was just an avenue to try to
expand their current vendors and to encourage more vendors to get involved. Ms. Reichert and
Commissioner O'Bryan deliberated the benefits of the point system and interest rate to lender
and mortgagee.
Rona Saunders, 2408 Newport Drive, Fort Pierce, a member of the Treasure
Coast lending consortiums, explained the reason for the changes in the point system, which was
proposed to the other lending consortiums, in order to be able to sell the loans.
Discussion ensued among Board members and Ms. Reichert regarding the nature
of the loans.
Commissioner Solari recapped his understanding of the discussions, said it
seemed to him that because of the financial implosion of the last 6-9 months, bank regulations
have tightened up significantly; their game plan has changed; and basically this 1% was designed
more to keep liquidity in the market than it is to add profit margins to the banks. Ms. Reichert
affirmed that understanding to be correct.
Commissioner Solari said, given that, the result of not adding the 1% would not
be to cut the profit margins in banks but to limit the number of loans that would go to these non-
profits which would then defeat the purpose of the program. Therefore, he could see why people
March 17, 2009 20
might not like it. He said the purpose and reason to keep liquidity in the market is a good one and
he would hate to penalize those who have a hard time getting into homes.
Vice Chairman Flescher asked staff what was our current failure rate for the SHIP
program participation as far as our applicants; how many participant banking financial
institutions do we have currently; and whether there was any concern that we would have a very
limited amount of financial institutions that would be able to participate, coupled with the fact
that we are looking at reduced funding for the SHIP Program.
Director Keating said our foreclosure rate is about 2% and we are doing pretty
well, working with members in the consortium who help us with home buyer education, and
providing principal mortgages for homes.
Althea McKenzie argued that if the mortgage loans are so good, why then are the
banks selling them. She said they should be retaining it as part of their CRA because that is part
of their commitment and requirement as a bank to keep the CRA. She agreed, from earlier
discussions, that it would be fair and equitable for the origination points to come out of the SHIP
funds, but she questioned what does the 1% leave room to do. She argued further that these
programs are designed to create lending applications and to have people take advantage of them,
but for a bank to say it wants an additional 1% and to be able to sell the loan, was kind of a
contradiction on their CRA commitment. She believed the originating fee is sufficient but the
1% may be excessive for those who cannot afford it.
Ms. Reichert said the extra point would allow her to lower the applicant's rate.
Ms. Saunders outlined the banks requirements/criteria under the Community
Reinvestment Act; and said they are focused on low and moderate income, and if things get
better they might be willing to go back to the old way.
March 17, 2009 21
Director Keating answered questions on the duration of the application process,
which Ms. Reicher and Ms. Saunders agreed that it takes about 30 to 45 days to obtain a
mortgage.
Commissioner Wheeler had mixed emotions because there are so many
government interventions.
ON MOTION by Vice Chairman Flescher,
SECONDED by Commissioner Solari, the Board by a
4-1 vote (Commissioner Wheeler dissenting):
(1) approved Resolution 2009-019 approving the
County's Local Housing Assistance Plan for FY
2009-2010, 2010-2011, and 2011-2012;
(2) authorized the Chairman to sign the Resolution
and the certification page; and
(3) directed staff to submit the Plan to the Florida
Housing Finance Corporation for its review and
approval, as recommended in the memorandum of
March 9, 2009.
CERTIFICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called a recess at 12:07 p.m., and reconvened the Meeting at
12:41 p.m., with Administrator Baird absent.
March 17, 2009 22
12.A.2. FOLLOW-UP REPORT ON STATE REQUIREMENTS FOR A
SUBMERGED LANDS LEASE OR REMOVAL OF STRUCTURES FROM BOAT
CLUB ISLAND (FOLLOW-UP TO 12/16/08 AND 2/10/09 BOARD ITEMS)
Chief of Environmental Planning and Code Enforcement, Roland DeBlois,
presented background on the request for authorization for staff to apply for a submerged lands
lease to retain the southernmost dock on Boat Club Island, and for staff to proceed with removal
of two of the three docks, and with repairs of the southernmost dock.
(Clerk's Note: Administrator Baird rejoined the Meeting at 12:46 p.m.)
Chairman Davis favored application for the Lease to retain the southernmost dock
on Boat Club Island, but was concerned that there was no guarantee that we could replace the
docks in the future, once we remove them. He preferred soliciting a bid to replace them all, and
analyzing our options before we preclude ourselves from ever having those two docks.
Commissioner Solari agreed with Chairman Davis and wanted to get three bids if
possible: one to keep the long dock and remove the two others; the second one to keep all three;
and if the short dock looks as good as it does in the picture, it could be as cheap to fix it as it is to
remove it; therefore the third bid would be to keep the southernmost dock.
Commissioner O'Bryan said they could probably designate the short dock as a
kayak and canoe dock and put a lower step on it; and maybe erect a sign that read "canoes and
kayaks only", so power boats do not enter there and run aground.
Chairman Davis thinks this is an asset we will not be able to duplicate if we do
not take steps now to move forward.
March 17, 2009 23
Commissioner Solari said he would make that into a motion if we could do away
with the signs. Board members discussed the idea of erecting a sign that says "Kayaks only" or
whether or not a sign was needed.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Wheeler, to approve
for staff to apply for a submerged lands lease to retain
the southernmost dock on Boat Club Island, and to
authorize staff to obtain three bids if possible: one to
keep the long dock and remove the two other; the
second bid to keep all three docks; and if the short
dock is as good as it looks in the picture shown, get a
third bid to keep the southernmost dock.
Staff repeated the Motion for clarity.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
12.B. EMERGENCY SERVICES - NONE
March 17, 2009 24
12.C. GENERAL SERVICES
I. INDIGENT CREMATION/BURIAL POLICY AND RESOLUTION
DESIGNATING THE COUNTY ADMINISTRATOR OR HIS DESIGNEE AS THE
"LEGALLY AUTHORIZED PERSON" AS DEFINED WITHIN SECTION
497.005(37) FLORIDA STATUTES
General Services Director Tom Frame explained the requirements of Florida
Laws for cremation and burial, and sought direction from the Board associated with indigent
burials and cremation.
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously directed staff to draft a Policy similar to
that of St. Lucie County, to be brought back to the
Board for consideration and approval, along with a
final version of the proposed resolution designating
the County Administrator or his designee as the
"legally authorized person" pursuant to Florida
Statutes, Section 497.005(37), as recommended in the
memorandum dated March 11, 2009.
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
March 17, 2009 25
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION — NONE
12.I. PUBLIC WORKS
66TH AVENUE (SR 60 TO 57111 STREET) CORRIDOR STUDY /
S.C.A.L.E. REPORT
Assistant Public Works Director Chris Mora explained the reasons for the Safety,
Cost, Alternative Alignments, Long Range Planning, and Environmental Considerations
(S.C.A.L.E.) Report. He provided a chronology of events on the subject road since 1995 (when
the 66th Avenue project was added to the County's Long Range Transportation Plan), to present.
The Consultant recommended alignment for the roadway, and staff recommended that the Board
approve the 66th Avenue Corridor Study/S.C.A.L.E. Report for the segment of 66th Avenue from
south of SR 60 to north of 57th Street. Director Mora said approval of the Resolution would lay
the groundwork for future eminent domain proceedings, the Resolutions of Necessity that would
be needed to acquire properties.
Commissioner Wheeler questioned the advantages of a curb versus a shoulder and
Director Mora explained the differences, noting that curbing narrows the footprint of the
roadway and lets you build a road with less right-of-way.
Commissioner O'Bryan noticed in the cost table, there was only $2 million for the
east and west options for right-of-way acquisitions, which to him did not seem a very realistic
number. He asked if the consultant looked at the real cost of the right-of-way acquisition
between those two alignments.
Director Mora believed the Consultant used a figure per acre, ($45,000 per acre),
which is a figure that staff gave him based on comparisons that were done for appraisals along
March 17, 2009 26
66th Avenue, only for the partial takes that were needed for the roadway. He did not anticipate
whole take as staff has done.
Consultant Hank Deibel of Arcadis affirmed that Mr. Mora's summary was
accurate. He said that figure also does not include any easements required for drainage or
embankment, among other things. Mr. Deibel responded to other questions from Commissioner
O'Bryan of whether he had looked at the two alignments, and how many owner -occupied parcels
we would have to acquire on each alignment. Commissioner O'Bryan thought that was a big
cost factor and should be looked at.
Director Mora explained the impact of leaving the alignment along the western
area versus moving it east over the canal. He responded to further concerns regarding whether
there were any driveways impacted by the east alignment, the $8 million total cost difference,
estimated construction cost, and 13 driveways impacted on the west side and none on the east.
Public Works Director Jim Davis addressing some of Commissioner O'Bryan's
concerns, said once we acquire entire properties, the remainder could be sold to some other
potential buyer. Some of that land, perhaps, could be used for some stormwater ponds, but staff
has decided, as they purchase some of these parcels, that instead of waiting for a court to
determine whether a whole or partial take was necessary, they are taking the initiative to buy the
whole property, recognizing there is a value to the remainder, because they could recoup much
of the money spent.
ON MOTION by Commissioner Solari, SECONDED
by Chairman Davis, the Board by a 4-1 vote
(Commissioner O'Bryan dissenting) approved the
66th Avenue Corridor Study / S.C.A.L.E. Report for
the segment of 66th Avenue from south of SR 60 to
March 17, 2009 27
north of 57th Street, as recommended in the
memorandum of March 11, 2009.
12.J. UTILITIES SERVICES
1. SR 60 FROM 66TH AVENUE TO 82ND AVENUE CONFLICT
RESOLUTION WITH FDOT / RANGER CONSTRUCTION FOR
APPROVAL OF RETAINING RANGER CONSTRUCTION INDUSTRIES,
INC., TO RAISE VALVE, ARV AND MANHOLE TOPS AND APPROVE
THE COUNTY SUPPLYING ALL MATERIALS, UCP #3098
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Solari, the Board
unanimously: (1) approved the total labor cost of
$45,646.00; (2) approved retaining Ranger
Construction Industries, Inc., to do the work; and (3)
approved the County supplying all materials required,
as recommended in the memorandum of March 9,
2009.
12.J.2. WEST REGIONAL WASTEWATER TREATMENT PLANT
EXPANSION FROM 2 MGD TO 6 MGD — CHANGE ORDER No. 3 FOR
DIRECT PURCHASE OF MATERIALS — UCP- 2621
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the change to the contract price to
$13,672,839.25 and authorized the Chairman to
execute the Third Change Order to contract
March 17, 2009 28
documents, as recommended in the memorandum of
March 3, 2009.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.3. REQUEST FOR SOLE SOURCE FOR REPAIRS FOR ABS AND
FL YGTPUMPS FOR WASTEWATER
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Solari, the Board
unanimously approved and authorized the Purchasing
Department to use ABS Pump, Inc., of Sanford,
Florida, ITT Water & Wastewater U.S.A., Inc., of
Riviera Beach, Florida and Barney's Pump, Inc., of
Lakeland, Florida, as sole source vendors for
purchase and repair of equipment covered under their
service area, as recommended in the memorandum of
March 10, 2009.
12.J.4. NORTH COUNTY REVERSE OSMOSIS PLANT — CAMP
DRESSER MCKEE (CDM) AMENDMENT No. 5 TO WORK ORDER No.
1 FOR ADDITIONAL PROFESSIONAL SERVICES IN PERMITTING &
GENERAL SERVICES DURING CONSTRUCTION
ON MOTION by Vice Chairman Flescher,
SECONDED by Commissioner Solari, the Board
unanimously approved Amendment No. 5 to Work
Order No. 1 to CDM Inc., in the amount of
March 17, 2009 29
$72,500.00 for additional permitting and bidding
services; and authorized the Chairman to execute said
Amendment, as recommended in the memorandum of
March 3, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY
A. SIDEWALK EXTENSION REQUEST, DEVELOPER: PASSAGE
ISLAND HOMES, INC., PROJECT: CITRUS SPRINGS VILLAGE "G" -
PD
County Attorney Will Collins recapped the backup memorandum dated February
9, 2009 and provided background on the request for modification to the contract. He informed
the Board that the sidewalk project was to be completed within a two-year period, and the
Developers were notified but did not extend their credit in a timely manner, so the Office of
Management and Budget has called the $68,000 Letter of Credit, which is currently held in
escrow.
Attorney Collins disclosed that Passage Island Homes, Inc., is now the sole
developer of these properties and has proposed to put up a replacement Letter of Credit, so the
cash could be released from escrow. He asked the Board to approve the modification to contract
to give an additional two years (to June 6, 2010) to complete the sidewalks so long as a
replacement Letter of Credit is in place. He said the Planned Development approval needs to be
transferred into the sole name of Passage Island Homes, Inc. from Tousa Homes and once those
steps are taken we would return to the bank the "called" funds, less administrative expenses.
Commissioner Wheeler assumed this was discussed at departmental meetings and
everyone was in agreement. Attorney Collins affirmed his assumptions.
March 17, 2009 30
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, to approve
staff's recommendation.
There were no further discussions.
The Chairman CALLED THE QUESTION and the
Board unanimously approved the sidewalk extension
for an additional two years (to June 6, 2010); and
authorized the Chairman to execute the Modification
to Contract for Construction of Required Sidewalk
Improvements so long as an acceptable replacement
letter of credit is in place and Passage Island Homes,
Inc., submits an executed Notice of Transfer and
Assumption of Planned Residential Development
Approvals and Obligations form to effectively
transfer the County permits into the sole name of
Passage Island Homes, Inc. Once both the acceptable
replacement letter of credit and the Notice of Transfer
and Assumption form is received, Office of Budget
and Management is authorized to return the "called"
funds less any administrative expenses back to the
bank, as recommended in the memorandum of March
11, 2009.
March 17, 2009 31
13.B. MENSING REQUEST FOR RIGHT-OF-WAY ABANDONMENT
Commissioner Solari did not think it was appropriate to discuss this matter
because it was discussed at the last Commission Meeting and there was no additional data to
indicate anything had changed since. Further, the County Attorney's recommendation was not in
the packet, and since Mr. Mensing has threatened legal action, thought it was best if Mr.
Mensing handles this matter in court and the Board not spend its time rehashing something they
spent a lot of time discussing at the last meeting. Commissioners agreed the item should be
pulled.
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, the Board
by a 4-1 vote (Vice Chairman Flescher dissenting)
approved to take no action on this Item.
13.C. ACQUISITION OF RIGHT-OF-WAY AND DRAINAGE EASEMENT
ALONG 66THAVENUE
Deputy County Attorney William DeBraal updated the Board on the negotiations
with Vista Properties of Vero Beach regarding the County's desire to purchase right-of-way and
a drainage easement for taking stormwater runoff from the expanded 66th Avenue from SR 60 to
26th Street.
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the Contract for purchase of
the Vista Properties right-of-way and drainage
easement parcels for a total of $339,200.00, as
recommended in the memorandum of March 9, 2009.
March 17, 2009 32
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.D. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF
PROPERTY LOCATED AT 4875 66TH AVENUE, WILLIAM BETHEL,
PARCEL 108 (HOMESTEAD)
Deputy County Attorney Bill DeBraal recapped the backup memorandum of
March 9, 2009, and provided a synopsis of the subject Project's purpose, explaining that Items
13.D through 13.H are all Resolutions of Necessity for parcels or property along 66th Avenue at
45th and 49th Streets. He asked the Board to approve the Resolution of Necessity authorizing
staff to proceed with the necessary right-of-way acquisition through the County's power of
eminent domain.
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-020 declaring a
reasonable necessity to acquire certain real property
for the purposes of improving and reconstructing 66th
Avenue, including side street, intersection, sidewalk
and water retention pond improvements; authorizing
the County Attorney to acquire the attached properties
by the institution of proceedings in eminent domain,
and providing an effective date.
March 17, 2009 33
13.E. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY
LOCATED AT 4835 66TH AVENUE, WILLIAM AND RUTH STANBRIDGE,
PARCEL 110 (HOMESTEAD)
Deputy County Attorney Bill DeBraal recapped the backup memorandum of
March 10, 2009, and provided a synopsis of the subject Project's purpose, and asked the Board
to approve the Resolution of Necessity authorizing staff to proceed with the necessary right-of-
way acquisition through the County's power of eminent domain.
ON MOTION by Commissioner Solari, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-021 declaring a
reasonable necessity to acquire certain real property
for the purposes of improving and reconstructing 66th
Avenue, including side Street, intersection, sidewalk
and water retention pond improvements; authorizing
the County Attorney to acquire the attached properties
by the institution of proceedings in eminent domain,
and providing an effective date.
13. F. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY
LOCATED AT 4855 66TH AVENUE, WILLIAM AND RUTH STANBRIDGE,
NON -HOMESTEAD PARCEL 109
Deputy County Attorney Bill DeBraal recapped the backup memorandum of
March 10, 2009, and provided a synopsis of the subject Project's purpose, and asked the Board
to approve the Resolution of Necessity authorizing staff to proceed with the necessary right-of-
way acquisition through the County's power of eminent domain.
March 17, 2009 34
ON MOTION by Vice Chairman Flescher,
SECONDED by Commissioner Solari, the Board
unanimously approved Resolution 2009-022
declaring a reasonable necessity to acquire certain
real property for the purposes of improving and
reconstructing 66th Avenue, including side street,
intersection, sidewalk and water retention pond
improvements; authorizing the County Attorney to
acquire the attached properties by the institution of
proceedings in eminent domain, and providing an
effective date.
13. G. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY
LOCATED AT 5145 AND 5115 66TH AVENUE, MARY CHARLENE
BROWN, PARCELS 107A AND 107B (HOMESTEAD)
Deputy County Attorney Bill DeBraal recapped the backup memorandum of
March 11, 2009, and provided a synopsis of the subject Project's purpose, and asked the Board
to approve the Resolution of Necessity authorizing staff to proceed with the necessary right-of-
way acquisition through the County's power of eminent domain.
ON MOTION by Vice Chairman Flescher,
SECONDED by Chairman Davis, the Board
unanimously approved Resolution 2009-023
declaring a reasonable necessity to acquire certain
real property for the purposes of improving and
reconstructing 66th Avenue, including side Street,
intersection, sidewalk and water retention pond
improvements; authorizing the County Attorney to
March 17, 2009 35
acquire the attached properties by the institution of
proceedings in eminent domain, and providing an
effective date.
[Parcel 107A]
ON MOTION by Vice Chairman Flescher,
SECONDED by Commissioner Solari, the Board
unanimously approved Resolution 2009-024
declaring a reasonable necessity to acquire certain
real property for the purposes of improving and
reconstructing 66th Avenue, including side street,
intersection, sidewalk and water retention pond
improvements; authorizing the County Attorney to
acquire the attached properties by the institution of
proceedings in eminent domain, and providing an
effective date.
[Parcel 107B]
13.H. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF
PROPERTY LOCATED AT THE NORTHWEST CORNER OF 66TH AVENUE
AND 49TH STREET, MARY CHARLENE BROWN PARCELS 107C, 107
AND 404
Deputy County Attorney Bill DeBraal recapped the backup memorandum of
March 11, 2009, and provided a synopsis of the subject Project's purpose, and said the subject
property is an 8.16 acre of property, vacant land, unimproved, with no structures on it. The
County needs to acquire 3.53 acres for right-of-way and 2.56 acres for a stormwater retention
pond. He asked the Board to approve the Resolution of Necessity authorizing staff to proceed
with the necessary right-of-way acquisition through the County's power of eminent domain.
March 17, 2009 36
Commissioner Solari questioned the necessity for the pond site at this location,
and Project Engineer Arjuna Weragoda explained that usually for every 1/2 mile segment they
need a retention pond. He answered other questions from the Board regarding full take
purchases versus eminent domain. Director Mora added that in the event of full take they could
sell the remainder. Other Board concerns pertained to the cost for acquisition of pond site.
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-025
declaring a reasonable necessity to acquire certain
real property for the purposes of improving and
reconstructing 66th Avenue, including side street,
intersection, sidewalk and water retention pond
improvements; authorizing the County Attorney to
acquire the attached properties by the institution of
proceedings in eminent domain, and providing an
effective date.
[Parcel 107C]
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-026
declaring a reasonable necessity to acquire certain
real property for the purposes of improving and
reconstructing 66th Avenue, including side street,
intersection, sidewalk and water retention pond
improvements; authorizing the County Attorney to
March 17, 2009 37
acquire the attached properties by the institution of
proceedings in eminent domain, and providing an
effective date.
[Parcel 107]
ON MOTION by Vice Chairman Flescher,
SECONDED by Chairman Davis, the Board
unanimously approved Resolution 2009-027
declaring a reasonable necessity to acquire certain
real property for the purposes of improving and
reconstructing 66th Avenue, including side street,
intersection, sidewalk and water retention pond
improvements; authorizing the County Attorney to
acquire the attached properties by the institution of
proceedings in eminent domain, and providing an
effective date.
[Parcel 404]
Joseph Paladin requested clarification on the take of property by eminent
domain, and whether staff would proceed immediately with a lawsuit if an offer was not
accepted in 30 days.
Attorney DeBraal explained how the sale/purchase would be pursued. He and Mr.
Paladin engaged in further discussion about negotiations versus proceeding with the lawsuit.
Ruth Stanbridge, 4835 66th Avenue, said clarification, parameters and time-
frame were needed. She stated that they were ready to go under the court system so they could
have some parameters, and she urged the Board to do whatever it takes to get them into court.
March 17, 2009 38
In response to Chairman Davis's inquiry about the timeframe, Attorney DeBraal
said they were looking at about a six-month lag to be able to get the court time necessary. The
Board desired a commitment from outside Counsel as to when the suit would be filed.
(Clerk's Note: Attorney Collins departed the Meeting at 1:48 p.m.)
Attorney DeBraal was directed by the Board to impress upon the Orlando Attorney to have the
paperwork filed as soon as possible, and Attorney DeBraal should return to the Board at its next
meeting with a response.
14. COMMISSIONERS ITEMS
A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN -
NONE
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE
CHAIRMAN - NONE
14.C. COMMISSIONER GARY C. WHEELER
1. REQUEST FOR RESOLUTION
Commissioner Wheeler sought support for a resolution to be sent to Tallahassee
opposing efforts by the Florida Legislature to weaken the growth management laws of the State
and opposing any efforts to debilitate and eliminate the Department of Community Affairs
(DCA). He requested the addition of another "Whereas" clause to request that DCA be
authorized to remain the State Planning Agency and that their funding be fully restored.
March 17, 2009 39
Commissioner Solari agreed with the request, but asked that the sixth "Whereas"
clause on page 489 of the backup, which states that "such action by the Florida Legislature is
misguided related to the cause of the problems ..." be deleted, because that seems to get into a
quantity instead of a quality issue. Commissioner Wheeler agreed.
(Clerk's Note: Attorney Collins rejoined the Meeting at 1:55 p.m.)
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Solari, the Board
unanimously approved Resolution 2009-028, as
amended to add a new "Whereas" clause for DCA
funding to be continued, and to remove the sixth
"Whereas" clause, opposing any efforts by the
Florida Legislature to weaken the Growth
Management Laws of the State and opposing any
efforts to debilitate or eliminate the Department of
Community Affairs.
14.D. COMMISSIONER PETER D. O'BRYAN - NONE
14.E. COMMISSIONER BOB SOLARI
1. CHINESE DRYWALL
Commissioner Solari, although it was not a County issue, wanted to make
available contact information for anyone who suspects they may have the Chinese drywall in
their home.
March 17, 2009 40
Chairman Davis requested that said information be made available on the
County's website.
No Board action required or taken.
14.E.2. FAC 2009 LEGISLATIVE DAY
Commissioner Solari wanted to have a brief discussion on the issues the Board
would like to have brought to the attention of Legislators, when he and Commissioner O'Bryan
attend the Florida Association of Counties Legislative Day, in Tallahassee, on Wednesday,
March 25, 2009. Commissioner Solari intends to deliver a message that local government should
be controlled at the local and not the State level. He disclosed that there were a series of Bills in
the House and Senate that would usurp our authority and he felt it was important that we stand
up for our authority at every turn.
Board members all agreed with the request/proposal.
Administrator Baird presented the Board with a draft list of items to be addressed,
which include sales tax exemption for aircraft manufacturing; Sector 3 Beach Re -nourishment
Project, stormwater funding; funding for widening of US 1, impact fees, funding for job grants,
and no unfunded mandates from government.
It was the Board's CONSENSUS for Administrator
Baird to update the list and give a copy to our
Lobbyist at the State level, in advance of
Commissioners visit.
March 17, 2009 41
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment of the Board of
County Commissioners Meeting, the Board would reconvene as the Board of Commissioners of
the Emergency Services District. Those Minutes are being prepared separately and are appended
to this document
1. APPROVAL OF MINUTES OF REGULAR MEETING OF JANUARY 20,
2009.
2. APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 3,
2009.
3. AMEND RESOLUTION 2004-071, FEES FOR FIRE PREVENTION
PLAN REVIEW AND INSPECTIONS
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
March 17, 2009 42
16. ADJOURNMENT
There being no further business, the Chairman declared the Meeting adjourned at
2:03 p.m.
ATTEST:
Jeffrey K. Barton, Clerk
MAY 0 5 2009
Minutes Approved:
March 17, 2009 43
Wesley S. Davis, Chairman
BK 137 PG 092