HomeMy WebLinkAbout06/16/2009 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 16, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
1. Request by County Administrator to Pull Item 12.A, "Consideration
of Code Change Recommendations from Development Review
Committee." 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF THE LAGOON GREENWAY PROJECT, A PROPOSED
PARTNERSHIP BETWEEN INDIAN RIVER LAND TRUST AND INDIAN RIVER
COUNTY, BY KEN GRUDENS, EXECUTIVE DIRECTOR, INDIAN RIVER LAND TRUST..... 2
6. APPROVAL OF MINUTES 4
6.A. REGULAR MEETING OF MAY 19, 2009 4
June 16, 2009 1
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 4
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES, MAY 29, 2009 THRU JUNE 4, 2009 5
8.B. OUT OF COUNTY TRAVEL TO ATTEND THE ST. JOHN'S WATER MANAGEMENT
DISTRICT'S (SJRWMD) PUBLIC MEETING: WATER CONSERVATION SUBGROUP 5
8.C. FINAL PAY/RELEASE OF RETAINAGE - DETENTION DOOR OPERATOR UPGRADE
RFP 2008038 5
8.D. APPROVAL OF FLORIDA POWER & LIGHT (FPL) EASEMENT, FIRE STATION #12
PROJECT 6
8.E. SUBORDINATION OF UTILITY INTERESTS - FLORIDA POWER & LIGHT CO.
CUMBERLAND FARMS AT OSLO ROAD 6
8.F. PROFESSIONAL ENGINEERING SERVICES MBV ENGINEERING, INC., FOR
COMPLETION OF QUAIL CREEK SUBDIVISION 7
8.G. APPROVAL OF SELECTION COMMITTEE'S RANKING FOR ARCHITECTURAL
SERVICES AT SHERIFF'S OFFICE 7
8.H. CODICIL TO DEVELOPER'S AGREEMENT BETWEEN THE COUNTY AND 510, LLC 8
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 8
10. PUBLIC ITEMS 8
10.A. PUBLIC HEARING 8
10.A.1. Tax Equity Fiscal Responsibility Act (TEFRA) Public Hearing,
Escambia County Housing Finance Authority, Single Family
Mortgage Revenue Bonds [Legislative] 8
10.B. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING THE ECONOMY, AND
WHAT WE CAN DO FOR ECONOMIC RECOVERY FOR INDIAN RIVER COUNTY 9
10.C. PUBLIC NOTICE ITEMS 11
June 16, 2009 2
10.C.1. Notice Of Scheduled Public Hearing June 23, 2009: 11
10.C.2. Notice Of Scheduled Public Hearing June 23, 2009: 11
11. COUNTY ADMINISTRATOR'S MATTERS - NONE 11
12. DEPARTMENTAL MATTERS 11
12.A. COMMUNITY DEVELOPMENT 11
12.A.1. Consideration of Code Change Recommendations From
Development Review Committee 11
12.B. EMERGENCY SERVICES - NONE 12
12.C. GENERAL SERVICES - NONE 12
12.D. HUMAN RESOURCES - NONE 12
12.E. HUMAN SERVICES - NONE 12
12.F. LEISURE SERVICES - NONE 12
12.G. OFFICE OF MANAGEMENT AND BUDGET 12
12.G.1.2009/2010 Budget Workshop Change in Dates 12
12.H. RECREATION - NONE 12
12.I. PUBLIC WORKS - NONE 12
12.J. UTILITIES SERVICES - NONE 12
13. COUNTY ATTORNEY MATTERS 13
13.A. REQUEST FOR RELEASE OF CODE ENFORCEMENT LIENS AGAINST PROPERTY
FORMERLY OWNED BY LEWIS BARTON 1 3
13.B. GIFFORD YOUTH ACTIVITY CENTER/GIFFORD COMMUNITY CENTER LEASE
MODIFICATIONS 1 3
13.C. UNCONDITIONAL OFFER FOR PARCEL OF PROPERTY OWNED BY BANK OF
AMERICA, 5780 20TH STREET, VERO BEACH 14
June 16, 2009 3
13.D. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY LOCATED AT 4785
66TH AVENUE, LAWRENCE AND PHYLLIS BROWN, PARCEL 112 15
13.E. NECESSITY OF TAKE RESOLUTION FOR A PARCEL OF PROPERTY ON 661H AVENUE
OWNED BY STEVEN AND SHELLY RYAN 6775 66TH AVENUE, VERO BEACH,
PARCEL 108 15
13.F. STIPULATED ORDER OF TAKE AND EXTENDED POSSESSION AGREEMENT WITH
CUMBERLAND FARMS — OSLO ROAD AND 27TH AVENUE 16
14. COMMISSIONER ITEMS 17
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE 17
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE 17
14.C. COMMISSIONER GARY C. WHEELER - NONE 17
14.D. COMMISSIONER PETER D. O'BRYAN 17
14.D.1. Fire Ops 101 Training 17
14.E. COMMISSIONER BOB SOLARI 17
14.E.1. Fire Hydrant Maintenance Charges 17
15. SPECIAL DISTRICTS AND BOARDS 19
15.A. EMERGENCY SERVICES DISTRICT - NONE 19
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 20
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 20
16. ADJOURNMENT 20
June 16, 2009 4
JEFFREY K. BARTON
Clerk to the Board
June 16, 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, June 16, 2009. Present were Chairman Wesley S. Davis, Vice Chairman Joseph E.
Flescher, Commissioners Peter D. O'Bryan, Bob Solari, and Gary C. Wheeler. Also present
were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and Deputy
Clerk Athena Adams.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Dawn Reichard, Christ by the Sea United Methodist Church, delivered the
Invocation.
June 16, 2009 1
3. PLEDGE OF ALLEGIANCE
County Attorney, William G. Collins II, led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Davis requested the following change to today's Agenda:
1. REQUEST BY COUNTY ADMINISTRATOR TO PULL ITEM 12.A,
"CONSIDERATION OF CODE CHANGE RECOMMENDATIONS FROM
DEVELOPMENT REVIEW COMMITTEE.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF THE LAGOON GREENWAY PROJECT, A PROPOSED
PARTNERSHIP BETWEEN INDIAN RIVER LAND TRUST AND INDIAN RIVER
COUNTY, BY KEN GRUDENS, EXECUTIVE DIRECTOR, INDIAN RIVER LAND
TRUST.
Mr. Ken Grudens of the Indian River Land Trust provided detailed background on the
proposed Lagoon Greenway (partnership) project. He reported that the Land Trust is a non-
profit, land and water conservation organization, working solely in Indian River County, and has
been working here for twenty years.
June 16, 2009 2
Mr. Grudens disclosed that a Greenway is a multi-purpose trail system that often runs
through or by natural areas such as a river or a bay, and the proposed Lagoon Greenway project
area, as noted on the map, situates south of the 17th Street Bridge, and in between Indian River
Boulevard and the Lagoon. He outlined the purpose of the Greenway project, which is to create
a trail system for public access to the lagoon for a variety of recreational and educational uses.
He listed the primary goals of the project, and briefly described the project, which spanned from
the 1990s when the County acquired the 38 -acre property, the Flinn Tract. He said the Florida
Inland Navigation District (FIND) and the St. Johns River Water Management District
(SJRWMD) each holds a 25% interest in that property.
Mr. Grudens outlined the Lagoon Greenway timeline regarding the project's
development; outlined via overhead site map the lagoon plan area; listed the total cost of the
project (which is not expected to exceed $460,000); and outlined the scope of services for the
Land Trust and the County, among which the County is responsible for obtaining outside
funding.
Commissioner Solari thanked Mr. Grudens and the Indian River Land Trust for a great
project and for their work, to date.
Chairman Davis acknowledged the benefits of the project and the work of the Land Trust.
Commissioner O'Bryan also acknowledged the great job done by Mr. Grudens and the
Land Trust, and inquired whether the Board needed to direct staff to start developing a
Memorandum of Understanding (MOU) for the implementation of this program.
Chairman Davis agreed the Board should authorize the County Administrator to direct
staff to draft a MOU so they could move forward in implementing this program and for staff to
fully cooperate with the Land Trust to make this Greenway a reality.
June 16, 2009 3
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized the County Administrator to direct staff to draft
a Memorandum of Understanding (MOU) to begin
implementing the Lagoon Greenway Project and for staff
to fully cooperate with the Land Trust to make this
Greenway a reality.
Mr. Gruden's Presentation will be posted to the County's website for all interested
parties.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF MAY 19, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of May 19, 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 May 19,
2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
June 16, 2009 4
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES, MAY29, 2009 THRUJUNE 4, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the list of Warrants and Wires, issued by the
Clerk to the Board for the time period of May 29, 2009 to
June 4, 2009, as recommended in the memorandum of
June 4, 2009.
8.B. OUT OF COUNTY TRAVEL TO ATTEND THE ST. JOHN'S WATER
MANAGEMENT DISTRICT'S (SJRWMD) PUBLIC MEETING: WATER
CONSERVATION SUBGROUP
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved out -of -County travel for one or more
Commissioners and staff to attend the St. Johns River
Water Management District's (SJRWMD) public meeting,
to be held July 30, 2009, at the SJRWMD Headquarters in
Palatka, Florida, as requested in the memorandum of June
9, 2009.
8.C. FINAL PAY/RELEASE OF RETAINAGE -DETENTION DOOR OPERATOR
UPGRADE RFP 2008038
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved final pay release of retainage to Willo Products
June 16, 2009 5
of Decatur, Alabama, as recommended in the
memorandum of June 9, 2009.
8.D. APPROVAL OF FLORIDA POWER & LIGHT (FPL) EASEMENT, FIRE
STATION #12 PROJECT
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved and authorized the Chairman to execute the FPL
Easement, as submitted and as recommended in the
memorandum of June 5, 2009.
COPY OF EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. SUBORDINATION OF UTILITY INTERESTS - FLORIDA POWER & LIGHT CO.
CUMBERLAND FARMS AT OSLO ROAD
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Subordination, and authorized the Chairman
to execute same, as recommended in the memorandum of
June 5, 2009.
COPY OF SUBORDINATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
June 16, 2009 6
8.F. PROFESSIONAL ENGINEERING SERVICES MBV ENGINEERING, INC., FOR
COMPLETION OF QUAIL CREEK SUBDIVISION
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved and authorized the Professional Civil
Engineering Services Agreement with MBV Engineering,
Inc., for a contract lump sum amount of $26,900.00, as
recommended in the memorandum of June 5, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. APPROVAL OF SELECTION COMMITTEE'S RANKING FOR ARCHITECTURAL
SERVICES AT SHERIFF'S OFFICE
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the ranking as submitted, and authorized staff to
initiate contract negotiations with the top ranked firm,
Donadio and Associates, with the understanding that
should no agreement be reached, staff would proceed to
the next ranked firm, etcetera. Upon conclusion of such
negotiations, staff will return with a draft contract for the
Board's review and approval, as recommended in the
memorandum of June 5, 2009.
June 16, 2009 7
8.H. CODICIL TO DEVELOPER'S AGREEMENT BETWEEN THE COUNTY AND 510,
LLC
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the codicil to the Developer's Agreement and
authorized the Chairman to execute the codicil, together
with any documents necessary, to comply with the terms
of the agreement, as recommended in the memorandum of
June 3, 2009.
CODICIL ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
10.A.1. TAXEOUITYFISCAL RESPONSIBILITY ACT (TEFRA) PUBLIC
HEARING, ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY,
SINGLE FAMILY MORTGAGE REVENUE BONDS [LEGISLATIVE]
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
There being no comments from Commissioners or staff, the Chairman opened the Public
Hearing. There were no speakers and the Chairman closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
June 16, 2009 8
approved Resolution 2009-088 authorizing the Escambia
County Housing Finance Authority to operate within the
boundaries of Indian River County, Florida, and approving
a plan to finance qualifying single family mortgage loans
on behalf of Indian River County, Florida; authorizing the
Board of County Commissioners to enter into agreements
with the Escambia County Housing Finance Authority and
to execute and deliver certain documents and instruments
in connection therewith; approving a form of Interlocal
agreement; approving the issuance by the Escambia
County Housing Finance Authority of not exceeding
$300,000,000 Single Family Mortgage Revenue Bonds,
pursuant to Section 147(0 of the Internal Revenue Code of
1986, as amended; providing that such Bonds constitute
limited, special obligations; and providing an effective
date.
1O.B. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING THE ECONOMY,
AND WHAT WE CAN DO FOR ECONOMIC RECOVERY FOR INDIAN RIVER
COUNTY
Brian Heady, Vero Beach, reminded the Board of his past request that the County adopt
a policy to buy local, thus protecting the residents of the County. He believes the County should
hire workers who legally live here, and thought it would be nice for us to highlight the assets of
our community, our products or our workers, and that should start at the County Commission
level. He asked the Board to reconsider Vice Chairman Flescher's proposal with an eye on
implementing a program that gets all County tax dollars to be spent locally, on local products,
and on workers with local companies. He urged the Board to look out for the people that they
represent.
June 16, 2009 9
Chairman Davis apprised Mr. Heady of the Board's past direction to staff, to look at the
probability of a local purchase/vendor program and to list the cost, if any; as well as, to look into
St. Lucie County's model, to see where it is, and whether we could implement that program.
Mr. Heady reiterated his desire that all the money spent by the County (which is
taxpayers money) to be spent locally, buying locally, and by ensuring that the contractors we use
hire legal people.
Vice Chairman Flescher thanked Mr. Heady for his time and assured him that our Legal
Counsel would be examining not only the St. Lucie County model but some of the input
resulting from the discussions on the initiative he (Mr. Heady) brought forward. He invited Mr.
Heady to come back when the Board further discusses this matter.
Commissioner Wheeler acknowledged that what Mr. Heady said sounds really good, but
felt we are "not big enough to be in a protectionism type environment" and whether we like it or
not we live in a world economy and we are not going to survive by trying to protect American
products or trying to protect local jobs; we are going to survive by being productive and
competitive. He argued that competition and the free enterprise system is where the strength is,
and not protectionism. Further, if we start shutting the market down here on competitiveness
then we are doing the taxpayers a disfavor because we run a higher risk of getting an inferior
product; and the real risk is paying a higher price for the product because you are eliminating
competition.
The Chairman thanked Mr. Heady for his input.
No Board Action required or taken.
June 16, 2009 10
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 23, 2009:
Consider an Amendment to Section 207.05 of the Indian River County
Code to change the beginning sale date of business tax receipts from
August 1 to July 1 of each year so as to be consistent with current
Florida Law [Legislative]
10. C.2. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 23, 2009:
William Gregory Construction Inc's., Request to Amend the Future
Land Use Map to Redesignate ± .32 Acres, Located on the Northwest
corner of Indian River Boulevard and 37th Street, From M-1, Medium
Density Residential -1 (up to 8 units/acre), to C/I, Commercial/
Industrial District; and to Rezone that ± .32 Acres From RM -8,
Multiple -Family Residential -1 District (up to 8 units/acre), to OCR,
Office, Commercial, Residential District [Legislative]
Attorney Collins read the notices into the record.
11. COUNTY ADMINISTRATOR'S MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF CODE CHANGE RECOMMENDATIONS FROM
DEVELOPMENT REVIEW COMMITTEE
This Item was pulled from the Agenda.
June 16, 2009 11
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
12. G.1. 2009/2010 BUDGET WORKSHOP CHANGE IN DATES
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the change in the Budget Workshop dates to July
23 and July 24, 2009, as recommended in the
memorandum of June 10, 2009.
12.H. RECREATION - NONE
12.1. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES - NONE
June 16, 2009 12
13. COUNTY ATTORNEY MATTERS
13.A. REQUEST FOR RELEASE OF CODE ENFORCEMENT LIENS AGAINST
PROPERTY FORMERLY OWNED BY LEWIS BARTON
County Attorney Will Collins recapped the backup memorandum dated June 9, 2009, and
updated the Board on this request for release of code enforcement liens (totaling $252,000.00) on
the subject property located at 2525 Surfside Terrace, in consideration of the payment of
$5,000.00. Staff recommended that the Board decline the request.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan to approve
staff's recommendation.
Commissioner Solari remarked that for things that would not seem to bring much notice,
this is one of the items that constituents in his District would be adamant against, meaning, any
decline in the amount of this fee. He therefore readily supported staff's recommendation.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board declined the
request to release the County Lien of $252,000 in
exchange for a $5,000.00 payoff, as recommended in the
memorandum of June 9, 2009.
13. B. GIFFORD YOUTH ACTIVITY CENTER/GIFFORD COMMUNITY CENTER
LEASE MODIFICATIONS
County Attorney Will Collins recapped the backup memorandum of June 10, 2009 and
provided background on this request for lease modification which would allow the Gifford
Youth Activity Center to expand the area of their lease to the west of their existing building, to
allow the siting of two (2) modular educational buildings, which the School Board has offered to
make available, according to Architect John Dean.
June 16, 2009 13
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved and authorized the Chairman to execute the
Lease modifications for the Gifford Youth Activity Center
and the Gifford Community Center, as recommended in
the memorandum of June 10, 2009.
Freddie Woolfork, 4598 57th Avenue, briefly described how the subject Center has
expanded over the years, since 1998, and the present need for more space to accommodate those
in need of the services they provide. He acknowledged the donations from other organizations,
and thanked the Commissioners, on behalf of their Executive Director, Ms. Angela Perry, and
their Board of Directors, for approving this request.
MODIFICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. C. UNCONDITIONAL OFFER FOR PARCEL OF PROPERTY OWNED BY BANK OF
AMERICA, 5780 2OTH STREET, VERO BEACH
Deputy County Attorney Bill DeBraal updated the Board on this request to acquire a
small section of right-of-way (a .036 of an acre) from the parent tract of the subject parcel of
property. He asked the Board to approve staff's recommendation for an unconditional offer to
purchase the necessary right-of-way from the Bank of America.
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously approved an
unconditional offer to purchase the necessary right-of-way
from the Bank of America at a price of $49,500.00, as
recommended in the memorandum of June 5, 2009.
June 16, 2009 14
13.D. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY LOCATED
AT 4785 66TH AVENUE, LAWRENCE AND PHYLLIS BROWN, PARCEL 112
Deputy County Attorney Bill DeBraal updated the Board on this request for approval of
the Resolution of Necessity, and authorization for staff to proceed with the necessary right-of-
way acquisition through the County's power of eminent domain, pertaining to the subject parcel
of property.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2009-089 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.E. NECESSITY OF TAKE RESOLUTION FOR A PARCEL OF PROPERTY ON 66TH
AVENUE OWNED BYSTEVEN AND SHELLY RYAN 6775 66TH AVENUE, VERO
BEACH, PARCEL 108
Deputy County Attorney Bill DeBraal updated the Board on this request for approval of
the Resolution of Necessity and authorization for staff to proceed with the necessary right-of-
way acquisition through the County's power of eminent domain, relevant to the subject parcel of
property.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-090 declaring a reasonable
necessity to acquire certain real property for the purposes
of improving and reconstructing 66th Avenue, including
June 16, 2009 15
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. STIPULATED ORDER OF TAKE AND EXTENDED POSSESSION AGREEMENT
WITH CUMBERLAND FARMS - OSLO ROAD AND 27THAVENUE
Deputy County Attorney Bill DeBraal updated the Board on this request for conceptual
approval of the Stipulated Order of Take and the Lease Agreement with Cumberland Farms for
extended possession. He thereafter responded to questions from Chairman Davis regarding the
deposit of funds into the Court registry and whether we were getting charged a fee (2%) for such
action.
Attorney DeBraal also responded to questions from Commissioner O'Bryan of whether
or not we were buying two parcels from Cumberland Farms. Another concern of Commissioner
O'Bryan was a statement in the backup that implies we would convey 1.6 acres to Cumberland
Farms, which seemed like we were giving it to them. Attorney DeBraal assured him that was not
the case.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the Stipulated Order of Take and the Lease Agreement
with Cumberland Farms for extended possession, as
recommended in the memorandum of June 11, 2009.
June 16, 2009 16
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN -
NONE
14. C. COMMISSIONER GARY C. WHEELER - NONE
14.D. COMMISSIONER PETER D. O'BRYAN
14.D.1. FIRE OPS 101 TRAINING
Commissioner O'Bryan and Vice Chairman Flescher recently attended the Local
Firefighters Union National Conference, in Miami, and participated in the "Fire Ops 101"
training activity, which is similar to a day in the life of a firefighter. Commissioner O'Bryan
described the various scenarios staged and said being involved in those activities made him
appreciate more what firefighters go through on a daily basis. He deemed it a worthwhile event.
Vice Chairman Flescher also deemed it a great experience, and gave further details of
their participation in the varied exercises staged. He also experienced some great new
innovative equipment, some of which he hopes to see in our County, as well.
14.E. COMMISSIONER BOB SOLARI
14.E.1. FIRE HYDRANT MAINTENANCE CHARGES
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Davis, for discussion, to
suspend the fee the County charges the Emergency
Services District for fire hydrant maintenance.
June 16, 2009 17
According to Commissioner Solari, and pursuant to the Statutes governing hydrants, it is
the owner's responsibility to maintain hydrants, and it is the Utility that owns the hydrants;
therefore he believed this is a better path forward. Commissioner Solari discussed the difference
in charges between the Cities of Fellsmere and Vero Beach for their hydrants, and believed the
first step in rectifying the situation is to increase the power of our arguments to the other
municipalities to suggest that either (a) they need to have a more reasonable fee or (b) let the
County do the maintenance, because it would be more cost effective for us to do.
Commissioner Solari remarked that the municipalities have often used Enterprise funds
to subsidize their General fund, and that is an important distinction with the County. He believes
it serves the County residents better, to look at the utilities as just a service.
Chairman Davis asked if it was correct to assume that those funds would then come out
of the Utilities Department, in the event we decide to not fund this out of the Emergency
Services District. Administrator Baird replied that presently the Emergency Services District
pays the utility for hydrant maintenance; and now we are going to absorb it in our utility fund.
Chairman Davis agreed that it would be more appropriate for it to be on the utilities side.
He asked whether it was the intent that the Enterprise funds of the utilities would cover this;
where were we in the discussions we are having with the municipalities; and what is the next
step for us to move forward, if we legally can.
Attorney Collins said the City of Fellsmere took that check, identified it as partial
payment, and put it in their Attorney's Trust Fund with direction that they explore their legal
remedies to collect the balance. He said staff subsequently wrote back to them, being under the
impression that they were seeking additional information on their updated rates study to address
some of the comments made by our staff, but have not received that back. He therefore thinks
June 16, 2009 18
we are at an impasse, although he was not sure it could not be resolved through further
discussion. He stated further that we are also going to have to modify our utility ordinance,
which currently provides for an annual charge to be assessed to the fire district by the Utilities
Department; so we will have to strike that provision from our ordinance.
Chairman Davis thought that should probably come first, and questioned whether it has
gone before the Utility Advisory Board.
Administrator Baird said this item came before the Board of County Commissioners
before we disputed the Fellsmere payment. Staff asked for backup to justify how they came up
with the payment, and has written to Fellsmere twice, but has received no documentation.
Chairman Davis asked if Commissioner Solari wanted to include in his Motion the
suggestion to strike the provisions from the ordinance, and Commissioner Solari was agreeable.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved to
remove the language in the Ordinance that states that the
Emergency Services District pays the Utility Department
for the fire hydrants and maintenance.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
June 16, 2009 19
1 3 .\ bC -? 8 e
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
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 10:17
a.m.
ATTEST:
Jeffrey K. Barton, Clerk Wesley S. Davis, Chairman
Minutes Approved: JUL 0 7 2009
June 16, 2009 20
81( 137 PG 587