HomeMy WebLinkAbout04/21/2009 (2)INDEX TO MINUTES OF REGULAR MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
OF APRIL 21, 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
S.A. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 27 THROUGH MAY 1,
2009 AS LAW WEEK IN INDIAN RIVER COUNTY 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 26 THROUGH MA v2,
2009 AS CRIME VICTIMS' RIGHTS WEEK IN INDIAN RIVER COUNTY 2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 26 THROUGH MAY 2,
2009 AS NATIONAL CLEANING FOR A REASON WEEK 3
5.D. PRESENTATION OF PROCLAMATION FOR TREASURE COAST VOLUNTEER
APPRECIATION DAY 3
S.E. RECOGNITION OF BEST TASTING WATER AWARD ON THE TREASURE COAST 3
6. APPROVAL OF MINUTES 4
6.A. REGULAR MEETING OF FEBRUARY 10, 2009 4
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April 21, 2009
6.B. REGULAR MEETING OF FEBRUARY 17, 2009 4
6.0 REGULAR MEETING OF MARCH 3, 2009 4
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION 5
7.A. 2009 ELECTION OF PROFESSIONAL SERVICES ADVISORY COMMITTEE (PSAC)
CHAIRMAN AND VICE CHAIRMAN 5
7.B. APPOINTMENT OFA LOCAL REPRESENTATIVE RECOMMENDED BY THE STATE
COORDINATING COUNCIL FOR EARLY CHILDHOOD SERVICES (SCCECS) TO
SERVE ON THE TRANSPORTATION DISADVANTAGED LOCAL COORDINATING
BOARD 5
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRESAPRIL 3, 2009 THRUAPRIL 9, 2009 6
8.B. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE, QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 3/31/09 6
8.C. PROPERTY ACQUISITION- TAX ROLL REMOVAL AND TAX CANCELLATION 7
8.D. RETIREMENT AWARD HONORING THOMAS LARSON FOR FIFTEEN YEARS OF
SERVICE DEPARTMENT OF EMERGENCYSERVICES/FIRE RESCUE 10
8.E. RETIREMENT AWARD HONORING STEVEN HAYES FOR THIRTY-FIVE YEARS OF
SERVICE DEPARTMENT OF EMERGENCYSERVICES/FIRE RESCUE 11
8.F. INTERLOCAL AGREEMENT INDIAN RIVER COUNTY & INDIAN RIVER STATE
COLLEGE, COLLEGE LANE EXTENSION TO RICHARDSON CENTER 11
8.G. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR QUALIFICATIONS
(RFQ) AND ANINVITATION TO BID FOR SERVICES NEEDED TO CARRY OUT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) NEIGHBORHOOD
STABILIZATION PROGRAM (NSP) TASKS 12
8.H. RIGHT-OF-WAY ACQUISITION- CR 510 #0610, 6265 85TH STREET, VERO
BEACH, FL 32967, OWNER: ANDERSON, PEARLIE MAE 14
8.L RIGHT-OF-WAYACQUISITION -SDGR, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, 825 OLD DIXIE HIGHWAY, VERO BEACH, FL 15
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April 21, 2009
8.J. RIGHT-OF-WAY ACQUISITION- CR 510 #0610, 6425 85TH STREET, VERO
BEACH, FL 32967, OWNER: TRS OF ALLEN CHAPEL AME CHURCH, TRUSTEE
CHAIRMAN/WILLIAM WILSON, JR 15
8.K. STATE LOBBYIST AGREEMENT RENEWAL 16
8.L. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL 16
8.M. OSLO ROAD BOAT RAMP, CHANGE ORDER NO. 1, PROJECT # 0381, BID
NUMBER 2009024 17
8.N. WORK ORDER No. 17 (ENGINEERING/SURVEY) CARTER ASSOCIATES, INC.,
PROPOSED 26TH STREET BETWEEN 74THAVENUE AND 82ND AVENUE, IRC
PROJECT 0809 - FULL AND FINAL PAYMENT, CONTINUING PROFESSIONAL
SURVEYING & MAPPING/GIS SERVICES CONTRACT 0725 17
8.0. ACCEPTANCE OF EMERGENCY MANAGEMENT FEDERALLY -FUNDED
SUBGRANT AGREEMENT 09 -DS -20-10-40-01 18
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 18
10. PUBLIC ITEMS 18
A. PUBLIC HEARINGS - NONE 18
10.B. PUBLIC DISCUSSION ITEMS 19
1. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING THE ECONOMY AND
WHAT WE CAN DO FOR ECONOMIC RECOVERY FOR INDIAN RIVER COUNTY 19
10. C PUBLIC NOTICE ITEMS - NONE 20
11. COUNTY ADMINISTRATOR'S MATTERS 20
A. DODGERTOWN 20
12. DEPARTMENTAL MATTERS 24
A. COMMUNITY DEVELOPMENT 24
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April 21, 2009
1. APPROVAL OF BID AWARD FOR REHABILITATION OF THE FIRST SEVEN HOMES
APPROVED UNDER THE HURRICANE WILMA COMMUNITY DEVELOPMENT
BLOCK GRANT DISASTER RECOVERY INITIATIVE 24
12.A.2. REQUEST TO APPROVE THE HURRICANE WILMA COMMUNITY BLOCK GRANT
DISASTER RECOVERY INITIATIVE SECOND APLICANT LIST AND AUTHORIZE
STAFF TO ADVERTISE TO SOLICIT BIDS FOR HURRICANE WILMA HARDENING
WORK ACTIVITIES 26
12.B. EMERGENCY SERVICES - NONE 26
12.C. GENERAL SERVICES - NONE 26
12.D. HUMAN RESOURCES - NONE 26
12.E. HUMAN SERVICES -NONE 26
12.F. LEISURE SERVICES -NONE 26
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 27
12.H. RECREATION -NONE 27
12.1. PUBLIC WORKS 27
1. RIGHT-OF-WAY ACQUISITION- 66THAVENUE#0370, 7115 66TH AVENUE,
VEROBEACH, FL 32967, OWNER: O'NEAL, THOMASLESTER, JR. 27
12.J. UTILITIES SERVICES - NONE 32
13. COUNTY ATTORNEY MATTERS - NONE 32
14. COMMISSIONER ITEMS 32
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN 32
1. RESOLUTION IN SUPPORT OF THE FELLSMERE EXTENSION OF SCENIC
HIGHWAY 32
14.A.2. APPOINTMENTS TO TOURIST DEVELOPMENT COUNCIL 34
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE 35
14. C. COMMISSIONER GARY C. WHEELER - NONE 35
14.D. COMMISSIONER PETER D. O'BRYAN - NONE 35
14.E. COMMISSIONER BOB SOLARI 35
1. REQUEST FOR DISCUSSION ON FREQUENCY OF COMMITTEE MEETINGS 35
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April 21, 2009
15. SPECIAL DISTRICTS AND BOARDS 37
15.A. EMERGENCY SERVICES DISTRICT - NONE 37
15.B. SOLID WASTE DISPOSAL DISTRICT 37
1. APPROVAL OF MINUTES OF MEETING OF FEBRUARY 17, 2009 37
2. PUBLIC MEETING TO APPROVE OR DISAPPROVE FRANCHISE 37
APPLICATIONS: RFA No. 2009025 WASTE HAULING FRANCHISE - 37
UNINCORPORATED ENTERPRISE ZONE 37
3. ODOR CONTROL SYSTEM DEMONSTRATION AT THE INDIAN RIVER 37
COUNTY LANDFILL 37
15. C ENVIRONMENTAL CONTROL BOARD - NONE 37
16. ADJOURNMENT 38
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April 21, 2009
April 21, 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, April 21, 2009. Present were Chairman Wesley S. Davis, Vice Chairman Joseph
E. Flescher, and Commissioners Peter D. O'Bryan, and Bob Solari. Commissioner Gary C.
Wheeler was absent. 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 Greg Sempsrott, First Church of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Joseph A. Baird, County Administrator, led the Pledge of Allegiance to the Flag.
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April 21, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Davis announced that Commissioner Gary Wheeler would be absent for
medical reasons.
1. There were no additions or deletions to the Agenda.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved the Agenda, as
written.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 27 THROUGH
MAY 1, 2009 AS LAW WEEK IN INDIAN RIVER COUNTY
Chairman Davis read and presented the Proclamation to Attorney Doug Vitunac,
who thanked the Board on behalf of the Young Lawyers Association of Indian River County.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 26 THROUGH
MAY 2, 2009 AS CRIME VICTIMS' RIGHTS WEEK IN INDIAN RIVER
COUNTY
Vice Chairman Flescher read and presented the Proclamation to Ms. Anne Ferree,
who said this was especially important to her because she is the mother of a victim.
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April 21, 2009
5.C. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 26
THROUGH MAY 2, 2009 AS NATIONAL CLEANING FOR A REASON WEEK
Commissioner Solari read and presented the Proclamation to Tom Heveron of
Beachland Cleaning Services, who thanked the Board for the recognition.
S.D. PRESENTATION OF PROCLAMATION FOR TREASURE COAST
VOLUNTEER APPRECIAHON DAY
Commissioner O'Bryan read and presented the Proclamation to Ms. Sydney
Liebermann, who thanked the Board on behalf of all Indian River County volunteers.
S.E. RECOGNITION OF BEST TASTING WATER AWARD ON THE TREASURE
COAST
Chairman Davis congratulated County staff for achieving the high honor of
receiving the First Place Award for the Best Tasting Water on the Treasure Coast. Chief
Operator Harold Seely, on behalf of the Utility Department, thanked the Board for the
recognition.
Chairman Davis called a recess at 9:19 a.m., to facilitate picture -taking, and he
reconvened the Meeting at 9:23 a.m.
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April 21, 2009
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF FEBRUARY IO, 2009
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of February 10, 2009. There were none
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved the Minutes of
the Regular Meeting of February 10, 2009, as written.
6.B. REGULAR MEETING OF FEBRUARY 17, 2009
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of February 17, 2009. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved the Minutes of
the Regular Meeting of February 17, 2009, as written.
6.C. REGULAR MEETING OF MARCH 3, 2009
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of March 3, 2009. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board by a 4-0 vote
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April 21, 2009
(Commissioner Wheeler absent) approved the Minutes of
the Regular Meeting of March 3, 2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION
7.A. 2009 ELECTION OF PROFESSIONAL SERVICES ADVISORY COMMITTEE
(PSAC) CHAIRMAN AND VICE CHAIRMAN
Noted for the record, the re-election of Todd Smith as Chairman, and Warren Dill
as Vice Chairman, of the PSAC for the year 2009.
7.B. APPOINTMENT OF A LOCAL REPRESENTATIVE RECOMMENDED BY THE
STATE COORDINATING COUNCIL FOR EARLY CHILDHOOD SERVICES
(SCCECS) TO SERVE ON THE TRANSPORTATION DISADVANTAGED
LOCAL COORDINATING BOARD
Noted for the record, the appointment ofJephete Lindor.
8. CONSENT AGENDA
Commissioner O'Bryan pulled for discussion, Items 8.G.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
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April 21, 2009
(Commissioner Wheeler absent) approved the Consent
Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES APRIL 3, 2009 THRUAPRIL 9,
2009
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved the list of
warrants and wires, issued by the Clerk to the Board for
the time period of April 3, 2009 to April 9, 2009 as
requested in the memorandum of April 9, 2009.
8.B. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE,
OUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING
3/31/09
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) accepted the Investment
Advisory Committee Quarterly Report, as recommended
in the memorandum of April 17, 2009.
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April 21, 2009
8. C. PROPERTY ACQUISITION— TAX ROLL REMOVAL AND TAX
CANCELLATION
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
2009-043, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[CR 510 (Lydia Broxton)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
2009-044, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[CR 510 (Lydia Broxton)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
2009-045, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[CR 510 (Lydia Broxton)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
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April 21, 2009
2009-046, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[Quay Dock Road (Realtors Assoc of IRC)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
2009-047, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[67th Street (Realtors Assoc of IRC)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
2009-048, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[43rd Avenue (Elbert Pickerill Trust et al)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
2009-049, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[53rd Street (Tarmac America)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
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April 21, 2009
2009-050, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[41St Street (Neil Gaeta Trust)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
2009-051, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[Golden Sands (Windsor Properties)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
2009-052, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[66th Avenue (Amendola Trust)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
2009-053, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[37th Street/66th /Avenue (Paul and Mary Thornton)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
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April 21, 2009
2009-054, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[66th Avenue (Lakeside Fellowship Baptist Church)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
2009-055, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[82nd Avenue (Stephen Bailey Trust)]
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Resolution
2009-056, canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes.
[82nd Avenue (Stephen Bailey Trust)]
8.D. RETIREMENT AWARD HONORING THOMAS LARSON FOR FIFTEEN
YEARS OF SERVICE DEPARTMENT OF EMERGENCY SERVICES/FIRE
RESCUE
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved the Retirement
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April 21, 2009
Award honoring Thomas Larson for fifteen years of
service to the County.
8.E. RETIREMENT AWARD HONORING STEVEN HAYES FOR THIRTY-FIVE
YEARS OF SERVICE DEPARTMENT OF EMERGENCY SERVICES/FIRE
RESCUE
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved the Retirement
Award honoring Steven Hayes for thirty-five years of
service to the County.
8.F. INTERLOCAL AGREEMENT INDIAN RIVER COUNTY & INDIAN RIVER
STATE COLLEGE, COLLEGE LANE EXTENSION TO RICHARDSON
CENTER
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved the Interlocal
Agreement with Indian River State College, as
recommended in the memorandum of April 14, 2009.
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April 21, 2009
8.G. REQUEST FOR AUTHORIZATION TO ISSUE A REQUEST FOR
QUALIFICATIONS (RFO) AND AN INVITATION TO BID FOR SERVICES
NEEDED TO CARRY OUT COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) NEIGHBORHOOD STABILIZATION PROGRAM (NSP) TASKS
Commissioner O'Bryan, commenting on the Request for Qualifications from
contractors, noted, in the series of criteria and a point -award system, that one criterion rested on
whether the contractor was disbarred from the State. That left him in wonder and with much
concern as to why the applicant was even applying, because he was disbarred in the past.
Community Development Director Bob Keating explained why the application
was accepted and the factors staff looked for. He stated that despite the specification that
disbarment from the State would disqualify an applicant, a contractor could have been disbarred
and then re -instated.
Commissioner O'Bryan believed applicants falling in the disbarment criteria
should be automatically disqualified. Director Keating said it could be removed from the
evaluation criteria and put in as a prohibition, and that was Commissioner O'Bryan's preference.
Chairman Davis also questioned the inclusion of the application in the process,
thinking there has to be some rationale behind the "State disbarment" for it to be a part of the
contract.
Administrator Baird added that staff was accepting people who are qualified but
might have been disbarred in the past, and have re -qualified.
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April 21, 2009
Chairman Davis continued to discuss the wisdom of accepting the subject
application because of a prior disbarment and the reason for the disbarment.
Commissioner Solari also questioned the criteria for disbarment.
Vice Chairman Flescher also questioned the acceptance of the application, leaning
on the intent of the language that seeks to reject disbarred contractors.
MOTION WAS MADE by Commissioner O'Bryan to
approve staff's recommendation, but to delete that point
criteria and have wording in the bid package that if one
has been disbarred he/she is not qualified to bid.
[Clerk's Note: The Motion received no Second at this
point, but subsequently did, by Chairman Davis.]
Attorney Collins said we are going to get there anyway because there was wording
which states that to qualify you have to get 90 out of 100 points, and if this applicant misses the
15 points because of disbarment they would be automatically disqualified.
Based on the Attorney's comments Commissioner O'Bryan amended his Motion,
with the understanding that there would be no bonus points the applicant could get to take them
above the 85 points.
MOTION WAS AMENDED by Commissioner O'Bryan,
Seconded by Chairman Davis, to approve staff's
recommendation.
April 21, 2009
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The Chairman asked if there were any further discussions on the issue, and
received none.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board by a 4-0 vote (Commissioner
Wheeler absent) approved and authorized staff to issue the
Invitation to Bid for Housing Acquisition Services, the
Request for Qualifications for Contractors, and the
Request for Qualifications for Surveyors for NSP CDBG
activities, as recommended in the memorandum of April
13, 2009.
8.H. RIGHT-OF-WAY ACQUISITION- CR 510 #0610, 6265 85TH STREET,
VERO BEACH, FL 32967, OWNER: ANDERSON, PEARLIE MAE
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Option 1, the
purchase of the needed right-of-way at a price of
$1,851.50 and authorized the Chairman to sign the
Purchase and Sale Agreement with Pearlie Mae Anderson,
as recommended in the memorandum of April 2, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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April 21, 2009
8.1. RIGHT-OF-WAYACQUISITION —SDGR, LLC, A FLORIDA LIMITED
LIABILITY COMPANY, 825 OLD DIXIE HIGHWAY, VERO BEACH, FL
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Alternative 1,
the $3,332.00 purchase and authorized the Chairman to
execute the Agreement with SDGR, LLC, as
recommended in the memorandum of March 11, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. RIGHT-OF-WAY ACOulsITION— CR 510 #0610, 6425 85TH STREET,
VERO BEACH, FL 32967, OWNER: TRS OF ALLEN CHAPEL AME
CHURCH, TRUSTEE CHAIRMAN/WILLIAM WILSON, JR.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Option 1, the
purchase of the needed right-of-way at a price of
$1,060.88, and authorized the Chairman to sign the
Purchase and Sale Agreement with the Trustees of Allen
Chapel AME Church, as recommended in the
memorandum of April 1, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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April 21, 2009
8.K STATE LOBBYIST AGREEMENT RENEWAL
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved renewal of the
Professional Services Agreement with Ronald L. Book,
and authorized the Chairman to sign an agreement
substantially the same as the 2008 Agreement, as
recommended in the memorandum of April 15, 2009.
LETTER AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent): (1) declared the
submitted list of items, surplus, and authorized its sale
and/or proper disposal; (2) authorized that the excess
equipment be delivered to the Indian River County
Sheriff's Complex to be sold at public auction at 10:00
a.m., on May 9, 2009; and (3) approved the sample
agreement and authorized the County Administrator to
execute same, as recommended in the memorandum of
April 14, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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April 21, 2009
8.M. OSLO ROAD BOAT RAMP, CHANGE ORDER No. 1, PROJECT # 0381,
BID NUMBER 2009024
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved Change Order
No. 1 to Pelican Pete Construction Company, Inc., in the
amount of $9,410.50 increasing the contract amount to
$116,905.43, as recommended in the memorandum of
April 14, 2009.
8.N. WORK ORDER No. 17 (ENGINEERING/SURVEY) CARTER ASSOCIATES,
INC., PROPOSED 26TH STREET BETWEEN 74TH AVENUE AND 82ND
AVENUE, IRC PROJECT 0809 - FULL AND FINAL PAYMENT,
CONTINUING PROFESSIONAL SURVEYING & MAPPING/GIS SERVICES
CONTRACT 0725
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved payment of
Invoice No. 08488-1, dated April 3, 2009, in the amount
of $10,450.00 for full and final payment of Work Order
No. 17 to Carter Associates, Inc., as recommended in the
memorandum of April 13, 2009.
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April 21, 2009
8.0. ACCEPTANCE OF EMERGENCY MANAGEMENT FEDERALLY -FUNDED
SUBGRANT AGREEMENT 09 -DS -20-10-40-01
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved the Federally
Funded Subgrant Agreement (09 -DS -20-10-40-01), and
authorized the Chairman to execute said Agreement
between Indian River County Emergency Management
and the State of Florida, Division of Emergency
Management, as recommended in the memorandum of
April 7, 2009.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES — NONE
10. PUBLIC ITEMS
A. PUBLIC HEARINGS - NONE
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April 21, 2009
10.B. PUBLIC DISCUSSION ITEMS
1. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING THE
ECONOMY AND WHAT WE CAN DO FOR ECONOMIC RECOVERY FOR
INDIAN RIVER COUNTY
Brian Heady complained about government spending among politicians, and
asked the Board to consider what a "Buy American" plan would do for us. He also asked the
Board to adopt a resolution to send to our congressional delegation, with a directive as to how we
want them to represent us. His three-point plan being:
1. Stop sending money to banks and eliminate the middle man, and give
stimulus dollars to the Small Business Administration with instructions to
lend that money to small businesses, to taxpayers facing foreclosures.
2. We need to enforce immigration laws.
3. All stimulus dollars must be spent on American workers and products and
not on foreign corporations.
Mr. Heady further requested that the Board also adopt some form of policy that
instructs the County Administrator to instruct his employees that any stimulus money at all is to
be spent on American-made products, if at all possible. He also requested that a notice be sent to
our congressional delegation that at the grassroots level, the constituents are opposed to govern-
ment spending.
Chairman Davis remarked that to the best of his knowledge, the items we are
eligible for in the stimulus projects are mostly resurfacing projects on roads, and he imagined
that asphalt would be local and would be contracted out to corporations that are local.
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April 21, 2009
Vice Chairman Flescher stated that we had sent a resolution to Congress about our
concerns for the stimulus package. On the matter of immigration and enforcement, he said
Florida Statutes and Federal mandates do not allow law enforcement or the local police to
arbitrarily enforce certain laws regarding immigration. He agreed we should all "buy American"
and felt it was an affront for certain items, like our American Flag, to be made by another
country. He also believed we should send a message to Capitol Hill that this Commission
intends to earmark any stimulus money to our local economy and to the U.S. economy. Vice
Chairman Flescher wanted to make that a Motion to assure we have a resolution to send a clear
message to Capitol Hill, with a copy to the President.
Chairman Davis suggested Vice Chairman Flescher, instead of making a Motion,
add this as an item for discussion, under his Matters, so that the Board may consider it at the next
Board meeting. Vice Chairman Flescher Agreed.
No Board action taken.
10. C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR'S MATTERS
A. DODGERTOWN
Administrator Baird distributed to Board members a listing of important data/facts
(copy on file) that would be incorporated in a Memorandum of Understanding (MOU), if the
Board approved, for an organization to take over the Dodgertown facility. He requested Board
approval for staff to start working on these options.
20
April 21, 2009
Inasmuch as he could reveal, Administrator Baird reported that the proposed
Tenant is an international organization, and staff felt it would be a very good thing for the
community, which he hoped would bring more jobs and improve our economy. He thereafter
listed the specific provisions of the Lease, which included the lease term, commencement,
renewal and amount; responsibility for general upkeep and maintenance of the facility; keeping
the name "Holman Stadium;" first right of refusal on the 9 -hole golf course owned by the City;
and the taking over of the parking agreement of the 9.16 acres owned by the County.
Administrator Baird said he could not reveal the name of the prospective Tenant,
but he stressed the potentially great economic impact this venture would bring. He requested
Board approval for staff to incorporate the listed provisions in a Memorandum of Understanding
and a Facility Lease Agreement.
Administrator Baird responded to questions from Chairman Davis regarding first
right of refusal on the 9 -hole Golf Course and whether it meant an opportunity to lease and not a
purchase of any kind. Other Board questions pertained to the facility being available for certain
events like the Harvest Festival and Sunrise Services, which Chairman Davis wanted included in
the contract. Other matters discussed were reduction in cost from the Orioles to the new Tenant;
and withdrawal from major league teams. Administrator Baird stressed that our goal is to create
jobs without increasing ad valorem taxes. He said the name of the Tenant would be released
tomorrow, at a Press Conference, if the Board approved.
Chairman Davis found interesting, the language which states that the tenant would
cooperate with the County in responding to any major league baseball team expressing interest in
utilizing the facility for traditional spring training purposes. He felt that gives a major league
team the opportunity to use Dodgertown as a relief valve whenever they negotiate with other
communities. He thought it would be nice to have new spring training teams come in on a
regular or irregular unplanned basis.
21
April 21, 2009
Commissioner Solari questioned the ways funds are represented on the expense
description document provided, and Administrator Baird explained the layout of the cost
comparison chart. He responded to further Board questions regarding the $100,000 re -branding
expenses; what would be the determining factor for the cost to the taxpayer; and how the $2
million in the Capital Reserve Account is utilized.
Vice Chairman Flescher's concerns focused mainly on the lack of a business plan
or a commitment from the proposed new Tenant. He was concerned about moving forward with
an MOU with so many unknowns, and without the public being able to review and provide input.
Commissioner Solari said this was much better than the Orioles and Dodger deals
and they needed to go forward and endorse the MOU.
Commissioner O'Bryan agreed that this would be great for the community. He
talked about how much this new team wants to be a part of Indian River County; and said they
are a professional baseball organization who believes they can make it a success.
MOTION WAS MADE by Commissioner O'Bryan
SECONDED by Commissioner Solari, to approve the
Lease Proposal submitted by Administrator Baird, and that
said provisions be incorporated into a Memorandum of
Understanding for the lease of the Dodgertown facility.
Bob Johnson, Coral Wind Subdivision, recalled that the Dodgers contract had a
bond issue, and he inquired whether this new team has a bond commitment.
Administrator Baird said the existing bond issue will remain in effect and we are
not looking at issuing any more debt to bring in the new organization, which would be a
22
April 21, 2009
tremendous benefit to the community. He said there would be no impact on the rating of the
bond we still owe to Dodgertown.
Chuck Mechling, 1999 Pointe West Drive, thanked Administrator Baird and all
who worked on the proposal for a new team to come to Vero Beach. He said he has had another
business contact from another team for the use of the facility.
Brian Heady, Vero Beach, understood the legitimate concerns of Vice Chairman
Flescher and hoped they would be addressed in the contract. He believed the proposal was
clearly a step in the right direction.
Joseph Paladin, President, Black Swan Consulting, recalling that Administrator
Baird had said the ad valorem tax would not be affected by this ( because we could use the one
cent optional sales tax, the Tourist tax, or impact fees), asked what impact fee would qualify for
this.
Administrator Baird pointed out that those were our potential options, and he did
not know if we could use impact fees; but if we could, it would be recreational impact fees,
because it is being looked at as a regional impact.
Vice Chairman Flescher hoped that many of the positive comments made about
this endeavor are well founded and can be proved. He hoped that in the weeks to come his
questions would be answered, in the best interest of taxpayers.
The Chairman invited further comments, but none was forthcoming.
The Chairman CALLED THE QUESTION and by a 3-1
vote, (Vice Chairman Flescher dissenting, and
23
April 21, 2009
Commissioner Wheeler absent), the Board approved the
Lease Proposal submitted by the County Administrator,
and directed the County Administrator to incorporate the
provisions of the Lease into a Memorandum of
Understanding for the lease of the Dodgertown facility.
Administrator Baird hoped the community would embrace the new organization in
a positive fashion, and believed that Vice Chairman Flescher will be very pleasantly surprised
when the announcement of the new Tenant is made.
12. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1. APPROVAL OF BID A WARD FOR REHABILITATION OF THE FIRST
SEVEN HOMES APPROVED UNDER THE HURRICANE WILMA
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY
INITIATIVE
Commissioner O'Bryan declared that he had no conflict of interest with any of the
contractors or applicants on the recommended list, and so said all the other Board members.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Davis, the Board by a 4-0 vote (Commissioner
Wheeler absent) approved the following contractors and
total awards for each of the following applicants, as
recommended in the memorandum of April 8, 2009:
24
April 21, 2009
1. Grier, Judith (3469 44th Street) to Steve Fields
Companies, Indialantic FL, for the total amount of
$1,118.00.
2. Person, Sylvia (5855 59th Court) to T.C. Enterprises
of the Treasure Coast, Vero Beach, FL, for the total
amount of $8,314.75.
3. Fischer, Cathy (7865 97th Court) to Steve Fields
Companies, Indialantic Fl, for the total amount of
$1,637.72.
4. Justus, Earnest (816 19th Place SW) to Steve Fields
Companies, Indialantic FL, for the total amount of
$1,343.00.
5. Baker, Sevon (416 16th Street SW) to Steve Fields
Companies, Indialantic FL, for the total amount of
$1,908.00.
6. Walker, James (10080 90th Street) to Steve Fields
Companies, Indialantic FL, for the total amount of
$1,337.76.
7. Williams, Moses (754 5th Place SW) to McAlhany
Construction Company, Vero Beach FL, for the total
amount of $14,130.00.
25
April 21, 2009
12.A.2. REQUEST TO APPROVE THE HURRICANE WILMA COMMUNITY BLOCK
GRANT DISASTER RECOVERY INITIATIVE SECOND APLICANT LIST AND
AUTHORIZE STAFF TO ADVERTISE TO SOLICIT BIDS FOR HURRICANE
WILMA HARDENING WORK ACTIVITIES
Commissioner O'Bryan declared that he had no conflict of interest with the
applicant, and so said the other Board members.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board by a 4-0 vote
(Commissioner Wheeler absent) approved the list of
Hurricane Wilma CDBG-DRI applicants and authorized
staff to begin the bid process to secure services from
licensed contractors for needed rehabilitation work, as
recommended in the memorandum of April 8, 2009.
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
26
April 21, 2009
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
12.1. PUBLIC WORKS
1. RIGHT-OF-WAY ACQUISITION— 66THAVENUE #0370, 7115 66TH
AVENUE, VERO BEACH, FL 32967, OWNER: O'NEAL, THOMAS
LESTER.JR.
Assistant Public Works Director Chris Mora updated the Board on this request for
the subject right-of-way acquisition to facilitate the widening of 66th Avenue from 2 -lanes to 4 -
lanes. He thereafter presented the two Alternatives for Board consideration: (1) to approve the
Agreement as presented, plus leaseback, or (2) to reject the terms of the Agreement and proceed
to eminent domain. It was staff's recommendation that the Board approve the total acquisition
package of $258,000.00, plus a leaseback of the property to Mr. O'Neal. The property would be
leased back to the O'Neals for $1.00 per month until construction of the roadway begins.
Commissioner O'Bryan believed staff had done a good job negotiating the price
and came up with a fair value; but was concerned that the lease was kind of open ended and does
not expire until 45 days from bid opening. He would rather see the Lease amended to one year
with annual renewals approved by the Board or an initial two-year term with Board approved
renewals, if Mr. O'Neal needs more time.
Assistant County Administrator Mike Zito stated that that was staff's last offer a
two-year lease with one-year renewals; however, Mr. O'Neal would not accept that offer.
27
April 21, 2009
Chairman Davis presented a scenario of what could happen without the one-year
option, and discussed the flexibility of the 45 days versus the one-year option.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, to approve the
purchase, and the terms of the leaseback would be an
initial two-year Lease with annual renewals of one year,
based upon Board approval.
Under discussion, Commissioner Solari gave reasons why he thought the offer was
generous, and because of which, he was happy to go along with the Motion.
Vice Chairman Flescher believed it was a fair and equitable offer and well
negotiated. He commended everyone involved with the process; but said he did not agree with
the Lease, in concept, because it might set a precedent.
Bruce Barkett, Esquire, 756 Beachland Boulevard, addressed the 45 -days
concerns and explained why he thought those days were longer than perceived. He also
suggested that at the time of renewal, some standards could be inserted in the document so
everyone would be aware.
Chairman Davis felt they needed more than 45 days and suggested they renew on
an annual basis instead. That prompted further debate between Mr. Barkett and the Board, and
Vice Chairman Flescher stated, for the record, that this Board has never denied the extension of a
lease.
28
April 21, 2009
Assistant Administrator Zito proposed adding language, "to include a 2 -year lease
term with renewals and intervals, not less than six (6) months upon consent of the Board not to
be unreasonably or arbitrarily withheld."
Commissioner O'Bryan offered to amend his Motion to incorporate the proposed
new language suggested by the Assistant County Administrator.
The suggestion to table this for a week was not favorable among the parties. The
Board debated whether that was the right approach and determined that they would take a break
to allow Mr. Barkett to discuss the proposal with his client and return with a decision.
The Chairman called a break 10:45 a.m., and reconvened the Meeting at 11:00
a.m. with all members present.
Mr. Zito informed the Board that he believed Mr. O'Neal would entertain an
amended Motion to two (2) years on the initial term of the Lease followed by automatic
renewals, as long as the project is in the 5 -Year Capital Improvement Element of the
Comprehensive Plan. Said Lease would terminate upon any movement out of said Plan and said
Lease would be $1 per month for up to five (5) years.
Board members discussed further, the time of termination and renewal, and how
long construction of the roadway would take if things went smoothly. Director Mora said it
would be a 3 to 5 -year timeframe before construction begins.
Based on the foregoing response from Mr. Mora, Commissioner Solari said he
would vote against this if there were no lease payments for three to five years. He suggested a
policy for these leases be worked on.
29
April 21, 2009
Vice Chairman Flescher felt we need to be firm and consistent with what we have
done in the past; and said he would withdraw his Second to the Motion if that was the direction
this was going.
Vice Chairman Flescher WITHDREW HIS SECOND to
the Motion.
In response to Chairman Davis, as to what has caused the change, Vice Chairman
Flescher said we need to have a strong policy so we are fair and consistent with all our offers as
far as the leaseback, and it was unfair to change leaseback on past ones.
Mr. Zito explaining how this leaseback is different from the ones offered in the
past, said this would simply give some alternate termination language in the event the project
fails for financial or other reasons and has moved out of the CIE.
Discussion continued regarding the change in language in the leaseback and
whether this offer is different from those of the past. Chairman Davis pointed out that this offer
is similar to the other offers except for the caveat if MPO changes their mind
Mr. O'Neal said the leaseback would help him keep his son in the house without
having to rent someplace else, and it would help him reclaim some of the capital gains tax he has
to pay on the house.
At the request of the Chairman, Mr. Zito repeated the previous Motion by
Commissioner O'Bryan, inclusive of the new language proposed by him (Mr. Zito), as follow:
Motion - to accept staff's recommendation, with the
caveat of a 2 -year leaseback and automatic renewal so
30
April 21, 2009
long as the project remains in the 5 -Year Capital
Improvements Element of the Comprehensive Plan, with
termination no later than five years after the inception of
the Lease, in which case, the parties would renegotiate
terms of a continued Lease.
Mr. Barkett, to show that subleasing is not allowed, cited paragraph 12
(Assignment or Sublease) of the Lease Agreement, which states that "Tenant cannot assign,
sublease, or transfer any part of the Lease without prior written consent to the Landlord ...", and
"No additional residents, whether permanent or temporary shall be permitted to move into the
house during the term of the lease without the Landlord's written consent...".
Mr. Zito said staff could add language that the subject house be maintained as a
primary residence.
Based on the foregoing comments and proposals, which he understood are all
agreeable to Mr. O'Neal, Vice Chairman Flescher re -instated his Second to the Motion,
thereby reinstating Commissioner O'Bryan's initial Motion with the caveat repeated by
Mr. Zito.
The Chairman CALLED THE QUESTION and the
MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Flescher, carried. The Board by a 4-0 vote
(Commissioner Wheeler absent) approved Alternative 1,
the Purchase Agreement for the entire property (0.48 acres
plus 4 -bedroom, 2 -bath house) for $255,000.00 plus
$3,000.00 in attorney fees, for a total package of $255,00
+ $3,000 = $258,000.00 plus leaseback, as recommended
31
April 21, 2009
in the memorandum of March 27, 2009, and with the
caveat of a 2 -year leaseback and automatic renewal so
long as the project remains in the 5 -Year Capital
Improvements Element of the Comprehensive Plan, with
termination no later than five years after the inception of
the Lease, in which case the parties would renegotiate
terms of a continued Lease.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS - NONE
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN
1. RESOLUTION IN SUPPORT OF THE FELLSMERE EXTENSION OF
SCENIC HIGHWAY
Beth Mitchell, Director of the Sebastian River Area Chamber of Commerce, and
co-chair of the Indian River Lagoon Scenic Highway Coalition, introduced Coalition members
Mayor Susan Adams of the City of Fellsmere, and Laurie Burns.
Ms. Mitchell displayed a photograph/route map of the existing Indian River
Lagoon's Scenic Highway which was established in 2000, which she said has not only State
32
April 21, 2009
status as a scenic Highway, but also a National Scenic Highway status. She said the existing
byway runs from Cape Canaveral south to Wabasso, across the Wabasso Bridge and unto AIA.
The Coalition has until May 13 to have all supporting resolutions in place and hoped that the
Board would support the effort.
Through an area location map, Ms. Mitchell pointed out the planned extension
route, which takes it along Micco Road down to Babcock, through the Town of Fellsmere, back
to CR 512 and onto Roseland. She explained the reason for the expansion, and outlined the
benefits of having this designation. She disclosed that the City of Fellsmere passed their
resolution last Thursday, and the Coalition would be visiting Brevard and the Town of Palm Bay,
next week, to seek their support.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solari, to approve the
Resolution of Support.
Attorney Collins sought clarity of whether it was the Coalition's intent to get a
resolution from this County Commission designating that portion of the Scenic Highway in the
unincorporated area of Indian River County, as a scenic part of this corridor, which Ms. Mitchell
affirmed as correct.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Wheeler absent) the Motion carried.
The Board approved Resolution 2009-057, supporting the
designation of the Fellsmere Corridor extension through
the unincorporated area of Indian River County; providing
an effective date.
33
April 21, 2009
14.A.2. APPOINTMENTS TO TOURIST DEVELOPMENT COUNCIL
Chairman Davis explained that there were three individuals currently serving on
the Committee, whose terms have or are about to expire, plus the three new applicants on file,
and he has subsequently received a fourth application from Daniel Fourmont.
Commissioner Solari asked the Chairman if it was his intent to vote on this matter
today, and the Chairman responded affirmatively. Commissioner Solari thereupon requested that
the matter be tabled until the first Meeting in May, because after this Agenda was posted, he
received a call from one of the current members who had no knowledge that this was being
brought before the Board, and he also understood that the other members had no such knowledge
either. He preferred that all three current members be notified prior to the matter being brought
before the Board, giving them an opportunity to say if they want to stay on or not.
Vice Chairman Flescher implied that there must have been some public awareness
of the upcoming appointments because two individuals knew of the process, applied, and were
interviewed.
The Board debated whether to postpone, replace or automatically re -appoint the
three sitting members.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Davis, to reappoint all three
sitting members.
The Chairman asked if there were any further discussions and there were none.
34
April 21, 2009
The Chairman CALLED THE QUESTION and the
Motion carried. The Board by a 4-0 vote (Commissioner
Wheeler absent) approved the re -appointment of all
current Tourist Development Council members, Jon W.
Bates, Kathryn Beatty -Self (Owners/Operators, Tourist
Accommodations) and Susan Hunt (Interested in Tourist
Development, not an Owner/Operator).
14. B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE
14. C. COMMISSIONER GARY C. WHEELER - NONE
14.D. COMMISSIONER PETER D. O'BRYAN - NONE
14.E. COMMISSIONER BOB SOLARI
1. REQUEST FOR DISCUSSION ON FREQUENCY OF COMMITTEE
MEETINGS
Commissioner Solari requested Board discussion on this matter and asked that they
take no action today, and perhaps bring it back in about three or four weeks. He highlighted
numerous Committees assigned to each Commissioner, noting that not all of them seem to have a
need to meet as often as they do. He also noted the cost associated with preparation for each
meeting, and suggested that certain Committees could meet quarterly, annually, or on an as -
needed basis. He asked that Commissioners discuss this with their Assistants and think about
their committees, and revisit in about three weeks with the idea for possible cutbacks on the
number of meetings. He acknowledge that the meetings are well meant, but felt they are not
35
April 21, 2009
needed, and in the next two (2) or three (3) years they need to work to get what they need done in
order to move this County forward.
Chairman Davis wanted more specificity; favored the idea; saw the rationale; and
wanted to send a directive to cut the number of meetings in half or along those lines.
Vice Chairman Flescher said this discussion has already been established in some
of the Committees, and they were meeting less frequently. He also, supported reduction in the
meetings.
Commissioner Solari desired to bring this back in three or four weeks, depending
on the status of Commissioner Wheeler, because he preferred the sitting of the full Board when
they next discuss and consider this matter.
Commissioner O'Bryan agreed with the concept and figured it would take a lot of
Legal staff -time to rewrite all these ordinances/policies. He believed it was much easier
cancelling a meeting than having to rewrite the whole ordinance, and suggested Chairmen of
respective committees be contacted in the hope of having certain meetings cancelled, instead.
Vice Chairman Flescher preferred a blanket cut of the number of meetings, in half.
Chairman Davis suggested that they do not take decisive action today, but to have
the intent of trying to cut the number of meetings in half, bring it back, and look at the viability
of that plan.
The Board's CONSENSUS was to come back in three weeks with options.
36
April 21, 2009
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL 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 Solid Waste Disposal District. Those Minutes are being prepared separately and appended to
this document.
1. APPROVAL OF MINUTES OF MEETING OF FEBRUARY 17, 2009
2. PUBLIC MEETING TO APPROVE OR DISAPPROVE FRANCHISE
APPLICATIONS: RFA No. 2009025 WASTE HAULING FRANCHISE —
UNINCORPORATED ENTERPRISE ZONE
3. ODOR CONTROL SYSTEM DEMONSTRATION AT THE INDIAN RIVER
COUNTY LANDFILL
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
37
April 21, 2009
BKI 5t sae
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11:32 a.m.
ATTEST:
Jeffrey'[ mon, Clerk
MAY 1 9 2009
Minutes Approved: —
BCC/AA/2009Minutes
April 21, 2009
38
Wesley S. Davis, Chairman
j 137 PG 29