HomeMy WebLinkAbout06/9/2009 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 9, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
ADDITION: EMERGENCY ITEM 14.C. COMMISSIONER WHEELER REQUESTED COUNTY
ATTORNEY WILL COLLINS PROVIDE AN UPDATE ON SENATE BILL 360 RELATING
TO GROWTH MANAGEMENT, THE "COMMUNITY RENEWAL ACT" 2
5. PROCLAMATIONS AND PRESENTATIONS - NONE 2
6. APPROVAL OF MINUTES 2
6.A. REGULAR MEETING OF MAY 12, 2009 2
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June 9, 2009
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 2
7.A. APPOINTMENT OF TAXPAYERS' ASSOCIATION APPOINTEE TO THE LAND
ACQUISITION ADVISORY COMMITTEE 2
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS AND WIRES MAY 22, 2009 THRU MAY 28, 2009 3
8.B. THIRD UPDATED 2009 BCC COMMITTEE ASSIGNMENTS 3
8.C. ABANDONMENT OF ACCESS EASEMENT ALONG C. R. 512 4
8.D. AMENDMENT TO TOWER AND GROUND SPACE LEASE VERIZON WIRELESS -
GIFFORD WATER TOWER 4
8.E. PROPERTY ACQUISITION - TAX ROLL REMOVAL & TAX CANCELLATION,
PROPERTIES ACQUIRED BY INDIAN RIVER COUNTY BETWEEN MARCH 17, 2009
AND MAY 27, 2009 5
8.F. MEDIATED SETTLEMENT; EGAN V. INDIAN RIVER COUNTY 7
8.G. WORK ORDER NO. 4, ADDITIONAL SERVICES (ENGINEERING/SURVEYING)
MORGAN & EKLUND, INC. - FINAL PAY, RELEASE OF RETAINAGE OLD DIXIE
HIGHWAY (NORTH), US 1 TO 69TH STREET, LOCAL AGENCY PROGRAM (LAP)
SIDEWALK IMPROVEMENTS PROJECT RIGHT-OF-WAY MAPPING (+/- 4 MILES) IRC
PROJECT NO. 0845 7
8.1-1. DUNKELBERGER ENGINEERING & TESTING, INC. FOR 53RD STREET ROADWAY
IMPROVEMENTS IRC PROJECT #0107 RELEASE OF RETAINAGE 8
8.I. PROFESSIONAL SERVICES WITH G. K. ENVIRONMENTAL, INC. FOR 16TH STREET
(BETWEEN 66TH AVENUE AND 74TH AVENUE) ROADWAY IMPROVEMENTS IRC
PROJECT No. 9920 8
8.J. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF SR60 TO 59TH
STREET, AMENDMENT NO. 7, IRC PROJECT NO. 0545 9
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June 9, 2009
8.K. APPROVAL TO ALLOW THE EXHIBITION OF A PHOTO DISPLAY ON BEHALF OF THE
CHILDREN'S HOME SOCIETY IN THE COUNTY ADMINISTRATION BUILDING "B" 9
8.L. CONSIDERATION OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SERVICE PROVIDERS
SELECTION COMMITTEE RECOMMENDATION FOR NONPROFIT HOUSING
ORGANIZATIONS/GOVERNMENTAL AGENCIES 10
8.M. CNL NET LEASE FUNDING 2001, LP, A DELAWARE LIMITED PARTNERSHIP STATE
ROAD 60/58TH AVENUE INTERSECTION IMPROVEMENTS PROJECT #0632 10
8.N. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM -
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 — GRANT
DISTRIBUTION 1 1
8.0. FINAL PAYMENT AND RETAINAGE RELEASE WORK ORDER #11, APPLIED
TECHNOLOGY AND MANAGEMENT INC 1 1
8.P. TOURIST DEVELOPMENT COUNCIL 2009/2010 BUDGET RECOMMENDATIONS 12
8.Q. LEASE EXTENSION, 7135 66' AVENUE - 66TH AVENUE WIDENING AND
IMPROVEMENTS, COUNTY PROJECT NO. 0370, JUSTO MANUEL AND BLANCA
LLEO HERNANDEZ, TENANT 12
8.R. LEASE EXTENSION, 8865 91ST AVENUE, VERO BEACH, FL, CR510 WIDENING
AND IMPROVEMENTS, COUNTY PROJECT NO. 0610, GINA HOWER, TENANT 14
8.S. LEASE EXTENSION, 5165 66TH AVENUE - 66TH AVENUE WIDENING AND
IMPROVEMENTS, COUNTY PROJECT NO. 0370, DAVID ROBERT GEARY, TENANT 14
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 15
10. PUBLIC ITEMS 15
10.A. PUBLIC HEARING 15
10.A.1. Ordinance Amendment to Provide Charging a Registration Fee for Sex
Offenders and Predators, Career Felons and Convicted Felons
(Legislative) 15
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June 9, 2009
10.B. PUBLIC DISCUSSION ITEMS - NONE 17
10.C. PUBLIC NOTICE ITEMS 17
10.C.1. Notice of Scheduled Public Hearing June 16, 2009: Board Consideration of
the Approval of a Plan of Finance to Provide Capital, Including the Issuance
from Time to Time by the Escambia County Housing Finance Authority, on
Behalf of Indian River County and Other Participating Counties, of Not
Exceeding $150,000,000 Single Family Mortgage Revenue Bonds
(Legislative) 17
11. COUNTY ADMINISTRATOR'S MATTERS - NONE 17
12. DEPARTMENTAL MATTERS 17
12.A. COMMUNITY DEVELOPMENT 17
12.A.1. CONSIDERATION OF AGREEMENTS FOR DONATION OF COUNTY OWNED SURPLUS
PROPERTIES TO NON-PROFIT HOUSING ORGANIZATIONS FOR THE PROVISION OF
AFFORDABLE HOUSING 17
12.B. EMERGENCY SERVICES - NONE 19
12.C. GENERAL SERVICES - NONE 19
12.D. HUMAN RESOURCES - NONE 19
12.E. HUMAN SERVICES - NONE 19
12.F. LEISURE SERVICES - NONE 19
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 19
12.11 RECREATION - NONE 19
12.I. PUBLIC WORKS 19
12.I.1. Work Order #5, Coastal Technology Corporation Inc., Sector 3 Beach
Restoration Pre -Construction Services 20
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June 9, 2009
12.I.2. Resolution Authorizing the Florida Department of Transportation (FDOT) to
Fabricate and Install "Stan Mayfield Memorial Highway" Signs on SR -60
West of I-95 21
12.J. UTILITIES SERVICES 22
12.J.1. Vero Lake Estates Master Plan Water Phase II Project Timothy Rose
Contracting, Change Order 1 & Final Payment — UCP 2958 22
13. COUNTY ATTORNEY MATTERS 23
13.A. ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVENUE, GARY D. BROWN
REVOCABLE TRUST 23
14. COMMISSIONER ITEMS 25
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE 25
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE 25
14.C. COMMISSIONER GARY C. WHEELER NONE 25
14.C.1. ADDITION: County Attorney William G. Collins II Provided an Update on
Senate Bill 360 Relating to Growth Management, the "Community
Renewal Act" 25
14.D. COMMISSIONER PETER D. O'BRYAN - NONE 26
14.E. COMMISSIONER BOB SOLARI 26
14.E.1. County Administrator Joe Baird, the DUI and the Process Going Forward 26
15. SPECIAL DISTRICTS AND BOARDS 31
15.A. EMERGENCY SERVICES DISTRICT - NONE 31
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 31
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 32
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June 9, 2009
16. ADJOURNMENT 32
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June 9, 2009
JEFFREY K. BARTON
Clerk to the Board
June 9, 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 9, 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 Leona Adair Allen.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Doug Vogt, First Church of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wheeler led the Pledge of Allegiance to the Flag.
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June 9, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Davis requested the following change to today's Agenda:
Addition: Emergency Item 14.C. Commissioner Wheeler requested County
Attorney William Collins provide an update on Senate Bill 360 Relating
to Growth Management, the "Community Renewal Act"
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 - NONE
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF MAY 12, 2009
The Chairman asked if there were any additions, deletions or corrections to the Minutes
of the Regular Meeting of May 12, 2009. There were none.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Minutes of the Regular Meeting of May 12,
2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
7.A. APPOINTMENT OF TAXPAYERS' ASSOCIATION APPOINTEE TO THE LAND
ACQUISITION ADVISORY COMMITTEE
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June 9, 2009
The Taxpayers' Association of Indian River County unanimously selected Daniel C.
Stump to the Taxpayer's Association position on the Land Acquisition Advisory Committee.
This position has been vacant since April 1, 2009, with the passing of James Granse. The term
will expire in 2010.
8. CONSENT AGENDA
Commissioner Solari requested to pull Items 8.D., 8.Q., 8.R., and 8.S. for discussion.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES MAY 22, 2009 THR U MAY 28, 2009
ON MOTION by Commissioner Wheeler, 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 May 22, 2009 to
May 28, 2009, as requested in the memorandum of May
28, 2009.
8.B. THIRD UPDATED 2009 BCC COMMITTEE ASSIGNMENTS
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the third update to the 2009 Committee
Assignments for each Commissioner, as recommended in
the memorandum of June 2, 2009.
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June 9, 2009
8.C. ABANDONMENT OF ACCESS EASEMENT ALONG C. R. 512
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Release of Easement (Romar Subdivision),
and authorized the Chairman to execute same, as
recommended in the memorandum of May 29, 2009.
COPY OF RELEASE OF EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. AMENDMENT TO TOWER AND GROUND SPACE LEASE VERIZON WIRELESS
- GIFFORD WATER TOWER
Commissioner Solari expressed this to be a better deal for the County than what was
expected, and Senior Assistant County Attorney Marian E. Fell provided the negotiated details.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Amendment to Tower and Ground Space Lease with
Verizon Wireless Personal Communications LP d/b/a
Verizon Wireless, and authorized the Chairman to execute
same, as recommended in the memorandum of May 29,
2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 9, 2009
8.E. PROPERTY ACQUISITION — TAX ROLL REMOVAL & TAX CANCELLATION,
PROPERTIES ACQUIRED BY INDIAN RIVER COUNTY BETWEEN MARCH 17,
2009 AND MAY27, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-076, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (66th Avenue — Cherry Lane Cattle LLC)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-077, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (73rd Street — Vero
Grove Land, LLC)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-078, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (49th Street and 6e Avenue — Brian Murphy)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-079, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (CR510 — Steven Jones and Linda Jones)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-080, canceling taxes upon
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June 9, 2009
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (82nd Avenue — Stephen Bailey Trust et al.)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-081, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (66th Avenue R/W — John A. Jackson, Jr.)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-082, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (43rd Avenue — Jansu Adams, Inc.)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-083, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (12th Street — Dogs for Life, Inc.)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-084, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (49th Street and 66th Avenue — Don Groves and
Pam Groves)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-085, canceling taxes upon
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June 9, 2009
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (85`h Street — Allen Chapel AME Church Trs)
8.F. MEDIATED SETTLEMENT; EGAN V. INDIAN RIVER COUNTY
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the mediated settlement of $70,000.00 for J.B.
Egan and Karen Egan, as recommended in the
memorandum of June 2, 2009.
8.G. WORK ORDER No. 4, ADDITIONAL SERVICES (ENGINEERING/SURVEYING)
MORGAN & EKL UND, INC. - FINAL PAY, RELEASE OF RETAINAGE OLD
DIXIE HIGHWAY (NORTH), US 1 TO 69TH STREET, LOCAL AGENCY
PROGRAM (LAP) SIDEWALK IMPROVEMENTS PROJECT RIGHT-OF-WAY
MAPPING (+/- 4 MILES) IRC PROJECT NO. 0845
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of Morgan & Eklund, Inc. Invoice No.
1-09-1037, dated 05/26/09, in the amount of $1,567.50,
for final payment and release of retainage for Work Order
No. 4, for additional services, as recommended in the
memorandum of June 1, 2009.
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June 9, 2009
8.H. DUNKELBERGER ENGINEERING & TESTING, INC. FOR 53RD STREET
ROADWAY IMPROVEMENTS IRC PROJECT #0107 RELEASE OF RETAINAGE
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment to Dunkelberger Engineering &
Testing, Inc. for the Request for Release of Retainage in
the amount of $3,133.00, as recommended in the
memorandum of May 29, 2009.
8.L PROFESSIONAL SERVICES WITH G. K. ENVIRONMENTAL, INC. FOR 16TH
STREET (BETWEEN 66TH AVENUE AND 74THAVENUE)ROADWAY
IMPROVEMENTS IRC PROJECT NO. 9920
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Agreement with G.K. Environmental, Inc.,
authorizing the project as outlined in the scope of services,
and authorized the Chairman to execute same, as
recommended in the memorandum of May 29, 2009.
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June 9, 2009
8.1 CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF SR6O
TO 59TH STREET, AMENDMENT No. 7, IRC PROJECT NO. 0545
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Amendment No. 7 with Arcadis G & M, Inc.,
authorizing the professional services, and authorized the
Chairman to execute same, for a fee not -to -exceed
$15,000.00, as recommended in the memorandum of May
29, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. APPROVAL TO ALLOW THE EXHIBITION OF A PHOTO DISPLAY ON BEHALF
OF THE CHILDREN'S HOME SOCIETY IN THE COUNTY ADMINISTRATION
BUILDING "B"
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the photo display from Friday, July 24 through
Friday August 21, 2009, as recommended in the
memorandum of June 3, 2009.
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June 9, 2009
8.L. CONSIDERATION OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SERVICE PROVIDERS
SELECTION COMMITTEE RECOMMENDATION FOR NONPROFIT HOUSING
ORGANIZATIONS/GOVERNMENTAL AGENCIES
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Selection Committee's ranking, agreed to
award NSP funds to both ranked proposers, and authorized
staff to begin contract negotiations with both the Treasure
Coast Homeless Services Council, Inc., and the Indian
River County Housing Authority, as recommended in the
memorandum of May 28, 2009.
8.M. CNL NET LEASE FUNDING 2004 LP, A DELAWARE LIMITED
PARTNERSHIP STATE ROAD 60/58THAVENUE INTERSECTION
IMPROVEMENTS PROJECT #0632
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Alternative No. 1 with CNL Net Lease Funding
2001, LP, the $61,475.00 purchase, and authorized the
Chairman to sign the Agreement, as recommended in the
memorandum of June 1, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 9, 2009
8.N. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM - AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 -
GRANT DISTRIBUTION
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the recommendations submitted by the local
units of government: Indian River County Sheriff's
Office, City of Vero Beach Police Department, City of
Sebastian Police Department, City of Fellsmere Police
Department, and the Town of Indian River Shores Public
Safety Department; and authorized the Chairman to sign
the grant application for the Indian River County Sheriff's
Office and the letter approving distribution of the funds to
the local units of government for submittal to the state
prior to the deadline of Friday, June 19, 2009, as
recommended in the memorandum of June 3, 2009.
COPY OF GRANT APPLICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. FINAL PAYMENT AND RETAINAGE RELEASE WORK ORDER #11, APPLIED
TECHNOLOGY AND MANAGEMENT INC.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the final payment and release of retainage for
Work Order No. 11. The post -construction physical and
biological monitoring contained in Work Order No. 11 is
eligible for 46.65% cost sharing with the Florida
Department of Environmental Protection under Grant
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June 9, 2009
Agreement 07IR3. Local funding of beach restoration
includes a portion of local option tourist tax revenue as
well as allocations of the one -cent sales tax, as
recommended in the memorandum of June 1, 2009.
8.P. TOURIST DEVELOPMENT COUNCIL 2009/2010 BUDGET
RECOMMENDATIONS
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the funding amounts recommended by the
Tourist Development Council, as recommended in the
memorandum of June 3, 2009.
8.Q. LEASE EXTENSION, 7135 66TH AVENUE - 66TH AVENUE WIDENING AND
IMPROVEMENTS, COUNTY PROJECT NO. 0370, JUSTO MANUEL AND
BLANCA LLEO HERNANDEZ, TENANT
(Clerk's Note: Items 8.Q., 8.R., and 8.S. were discussed as one item)
Commissioner Solari wanted clarification regarding the extension of leases on properties
that the County had purchased for widening improvements on 66th Avenue. He voiced concern
that road projects were taking too long to complete and that the tenants of County leased
property were getting two or more years of free rent, at the expense of taxpayers. He felt it was
only right that tenants be charged rent after one or two years.
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June 9, 2009
Assistant Public Works Director Chris Mora recalled that the three parcels were all
purchased by the County in 2006, and that on May 12th, 2009, at the Board of County
Commission Meeting, the Board approved a revised leaseback policy where the first year of
leaseback would be at the rate established at closing, then later staff would strive to obtain
market -rate rent for the properties. He pointed out that these purchases pre -date the leaseback
policy approved by the Board, and recommended that the existing zero to $1.00 per month lease
be extended until the road project comes within 12 months of construction.
To Chairman Davis's query, Director Mora confirmed that the properties were being
maintained in an appropriate fashion.
There was a brief discussion regarding maintenance of the properties, property rights, and
the intent of the Board when this decision (regarding rent) was made.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
Alternative No. 1, the Lease Renewal Agreement allowing
Justo Manuel and Blanca Lleo Hernandez to remain in the
premises and amending the lease to terminate once the 66th
Avenue project is within twelve months of
commencement of construction, and authorized the
Chairman to execute same, as recommended in the
memorandum of May 27, 2009.
LEASE EXTENSION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 9, 2009
8.R. LEASE EXTENSION, 8865 91ST AVENUEVERO BEACH, FL, CR510
WIDENING AND IMPROVEMENTS, COUNTY PROJECT No. 0610, GINA
HOWER, TENANT
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
Alternative No. 1, Lease Renewal Agreement, allowing
Gina Hower to remain on the premises and amending the
lease to terminate once the 89th Street and CR510 project
is within twelve months of commencement of
construction, and authorized the Chairman to execute
same, as recommended in the memorandum of June 1,
2009.
LEASE EXTENSION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. LEASE EXTENSION, 5165 66THAVENUE - 66THAVENUEWIDENING AND
IMPROVEMENTS, COUNTY PROJECT NO. 0370, DAVID ROBERT GEARY,
TENANT
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
Alternative No. 1, the Lease Renewal Agreement,
allowing David Robert Geary to remain on the premises
and amending the lease to terminate once the 66th Avenue
project is within twelve months of commencement of
construction, and authorized the Chairman to execute
same, as recommended in the memorandum of June 1,
2009.
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June 9, 2009
LEASE EXTENSION 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
1O.A.1. ORDINANCE AMENDMENT TO PROVIDE CHARGING A
REGISTRATION FEE FOR SEX OFFENDERS AND PREDATORS,
CAREER FELONS AND CONVICTED FELONS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Sheriff Deryl Loar recalled this to have been brought before the Board of County
Commission Meeting on May 19, 2009, seeking approval to charge a fee for the sexual
predators, sexual offenders, and career criminals that come to this County and register.
Commissioner Solari asked the Sheriff which option was preferred, and Jim Harpring,
Indian River County Sheriff's General Counsel recommended the Board approve the Ordinance
with Optional 1 language, and provided the reasons why.
The Chairman opened the public hearing, and stated the proposed registration fees:
$50.00 for the initial registration, $25.00 for each annual registration, and $10.00 for a change of
address or other information. There being no speakers, the Chairman closed the public hearing.
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June 9, 2009
Commissioner Wheeler asked for a clarification between an offender and predator, and
Legal Counsel told him that the difference depends on the nature of the offense, and he provided
examples of the categorizations.
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously approved
Optional language 1 under Subsection 7 of the proposed
Ordinance [or for crime prevention, school resource
officer programs, safe neighborhood programs, programs
and training in protecting children from harm by Sexual
Offenders and Sexual Predators, drug abuse and
prevention programs or for other law enforcement
purposes. Any surplus funds remaining in the revenue
account established for this program at the end of each
fiscal year shall be transferred to the County's general
fund] and adopted Ordinance 2009-006, adopting Indian
River Code Section 306.07, establishing the requirement
for the collection of registration fees from individuals
identified by Florida Statute as a convicted felon, career
offender, sexual offender or sexual predator, providing for
codification, providing for severability, and providing for
an effective date.
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously approved
Resolution 2009-086, establishing registration fees for
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June 9, 2009
convicted felons, career offenders, sexual offenders and
sexual predators.
10.B. PUBLIC DISCUSSION ITEMS - NONE
10.C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING .TUNE 16, 2009:
BOARD CONSIDERATION OF THE APPROVAL OFA PLAN OF
FINANCE TO PROVIDE CAPITAL, INCLUDING THE ISSUANCE FROM
TIME TO TIME BY THE ESCAMBIA COUNTY HOUSING FINANCE
AUTHORITY, ON BEHALF OF INDIAN RIVER COUNTY AND OTHER
PARTICIPATING COUNTIES, OF NOT EXCEEDING $150,000,000
SINGLE FAMILY MORTGAGE REVENUE BONDS (LEGISLATIVE)
Attorney Collins read the Notice into the record.
11. COUNTY ADMINISTRATOR'S MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF AGREEMENTS FOR DONATION OF COUNTY OWNED
SURPLUS PROPERTIES TO NON-PROFIT HOUSING ORGANIZATIONS FOR
THE PROVISION OF AFFORDABLE HOUSING
Community Development Director Robert Keating recapped his memorandum of May
28, 2009, conveying how this item relates to the County donating surplus property to non-profit
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June 9, 2009
organizations for the provision of affordable housing; and he spoke briefly of the draft agreement
provisions between the County and the three organizations - (1) Habitat for Humanity, Inc.,
(2) the Coalition for Attainable Homes, Inc., and (3) Every Dream Has A Price, Inc.
Commissioner O'Bryan questioned whether lot 6 was truly unbuildable, and if the non-
profit agencies were happy with the distributions. Director Keating spoke affirmatively to both.
There was a brief discussion regarding the structure of the properties, if they would
remain affordable in perpetuity, and whether the perpetual source/opportunity would continue.
In response to Commissioner Solari's question, Director Keating related the current
annual median low income and very low household income. Commissioner Solari felt this was a
great use for the property, and believed that without the non -profits standing behind the lots, that
they would not be able to continue using them as affordable housing, for any length of time.
Vice Chairman Flescher spoke about the limited resources of the non -profits, and agreed
that this was a great use for the property in delivering affordable, attainable housing.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and authorized the Chairman's execution of the
Agreements with Habitat for Humanity, Inc., the Coalition
of Attainable Homes, Inc., and Every Dream Has a Price,
Inc., and directed the General Services Director to
coordinate with the County Attorney's Office to transfer
the ownership of the referenced properties to these
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June 9, 2009
organizations with deed restrictions which indicate that
affordable housing units must be built on the donated
properties for very low or low income households within
three (3) years or the properties will revert to the County;
and authorized the Chairman to execute the County Deeds
after approval of the County Attorney's Office, as
recommended in the memorandum of May 28, 2009.
AGREEMENTS AND COPY OF DEEDS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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 - NONE
12.I1. RECREATION- NONE
12.1. PUBLIC WORKS
19
June 9, 2009
12.L1. WORK ORDER #5, COASTAL TECHNOLOGY CORPORATION INC.,
SECTOR 3 BEACH RESTORATION PRE -CONSTRUCTION SERVICES
Coastal Resource Manager Jonathan Gorham, Ph.D., recapped his memorandum of June
1, 2009, outlining the proposed Work Order, and the three major tasks related to bidding and
permit modification for the Sector 3 Beach Restoration Project. He explained the critical nature
of scheduling work on the beach, since it can only be conducted from November 1st through May
1st of each year, to avoid the sea turtle nesting season. He outlined the tasks and descriptions,
and provided the anticipated start and completion dates for each task phase. Dr. Gorham
recommended the Board approve Work Order No. 5 with staff issuing the Notice to Proceed to
Coastal Technology Corporation, Inc. for only Task No. 1 at this time; and to issue a Notice to
Proceed with Tasks 2 and 3 at a later date.
Commissioner Wheeler wanted to know if funding was in place for the project, and Dr.
Gorham informed him that the County had not received State cost-sharing for construction, but
thought the National Oceanographic and Atmospheric Administration (NOA) stimulus money (if
approved), or available local funds could be used.
Commissioner O'Bryan wanted to see the timeline moved up; voiced concern that the
work would not be completed by the season of November 2009 to April 2010; and questioned
why the $150,000 fee to resubmit the application with an alternate sand source was necessary,
since the project is nearly approved — he did not think there should be any Requests for
Additional Information (RAI's) for this work season.
Dr. Gorham explained that the consultant had budgeted for three RAI's in the Work
Order as a contingency, and in the event they are not needed, the line item fees would not be
billed.
20
June 9, 2009
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Work Order No. 5 with Coastal Technology
Corporation, with the stipulation that Notice to Proceed
only be granted for Task 1 at this time, as recommended in
the memorandum of June 1, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.2. RESOLUTION AUTHORIZING THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO FABRICATE AND INSTALL "STAN
MAYFIELD MEMORIAL HIGHWAY" SIGNS ON SR -60 WEST OF I-
95
Assistant Public Works Director Chris Mora announced that this request, from the FDOT,
is to install signs on SR60, beginning immediately west of I-95 and ending at SR441 in Osceola
County, designating a portion of the roadway as the "Stan Mayfield Memorial Highway". He
said this action requires a Resolution, and he provided two options — to defer action on the
Resolution, or pass the Resolution and make it contingent upon Legislative approval.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Davis, to approve, contingent
upon Legislative approval, Resolution 2009-087,
authorizing the Florida Department of Transportation to
fabricate and install signs on SR -60, designating the
roadway as the Stan Mayfield Memorial Highway.
21
June 9, 2009
Commissioner Wheeler wanted to know if there was a third option, and questioned why a
Resolution was needed since SR60 is a State Highway. He did not support the Resolution
because he did not think it was appropriate to memorialize individuals for simply doing the jobs
they were hired/elected to do.
Director Mora responded to Commissioner Wheeler and explained that the Resolution
was required in order to show local support.
Chairman Davis gave the reasons why he agreed to support the Resolution.
Commissioner Solari pointed out that Stan Mayfield did die in office, and believed that it
separates this case from others. He felt a sign on SR60 was appropriate.
The Chairman CALLED THE QUESTION and by a vote
of 4-1 (Commissioner Wheeler opposed) the Motion
carried.
12.J. UTILITIES SERVICES
12.J.1. VERO LAKE ESTATES MASTER PLAN WATER PHASE II PROJECT
TIMOTHY ROSE CONTRACTING, CHANGE ORDER 1 & FINAL
PAYMENT— UCP 2958
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously:
(1) approved Change Order No. 1 with Timothy Rose
Contracting, to decrease the contract amount by
22
June 9, 2009
$118,901.00; (2) approved Final Pay Application in the
amount of $34,118.20; and (3) authorized the Chairman to
execute same, as recommended in the memorandum of
May 29, 2009.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVENUE, GARY D. BROWN
REVOCABLE TRUST
Deputy County Attorney William DeBraal displayed an aerial map to depict the property
along 66th Avenue and 53rd Street where the County needs to acquire 6.33 acres from the Gary D.
Brown Revocable Trust. The property would consist of a 1.376 acre pond site, 2.271 acres of
right-of-way, and 2.686 acres of Murphy Reservation that exists on the property. He said Mr.
Brown had agreed to sell the property to the County for a purchase price of $55,600 per acre, for
a total of $352,003.60; engineering costs of $7,000; and attorney fees of $26,400.27. He
acknowledged that this acquisition would complete the necessary right-of-way between 53rd and
57th Streets.
Commissioner O'Bryan pointed out that the original agreement with Attorney Maguire
was for him to bring sellers to the County at the appraised value, then he would receive a 5.5 to
5.7 percent commission for his efforts. He emphasized that the agreement never included
engineering fees or value-added fees. He voiced opposition to the County being charged $7,000
for engineering fees on raw land; and concern over the appraisals.
Commissioner Solari indicated that recent purchases have had a number of problems,
appear repetitive, and are being addressed in a "piece meal" fashion. He suggested directing
23
June 9, 2009
staff to make a complete review of the way the properties are purchased and analyze whether
there is a better way to move forward.
Attorney DeBraal emphasized that according to Statute, landowners are entitled to hire
experts to provide their opinions and input as to the purchase through the Eminent Domain
process, so engineering costs on a six -acre purchase, including the pond and everything that goes
into the analyzations of this type of purchase, is going to continue as long as there are unwilling
sellers.
MOTION WAS MADE by Commissioner Solari to
approve staff's recommendation, and direct staff to take
four to eight weeks to review the purchases made over the
past few months and to see if there is a better process
when moving forward, that will address questions raised
by the Board over the past six months. There was no
SECOND. MOTION DIED.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board by a 4-1 vote
(Commissioner Solari opposed) approved the Contract for
Purchase of the parcel Gary D. Brown Revocable Trust for
the purchase price of $352,003.60, and the adjusted
attorney fees (this price does not include the engineering
fees nor the commission fees on the engineering fees).
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 9, 2009
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. C.1. ADDITION: COUNTY ATTORNEY WILLIAM G. COLLINS II
PROVIDED AN UPDATE ON SENATE BILL 360 RELATING TO
GROWTH MANAGEMENT, THE "COMMUNITY RENEWAL ACT"
Commissioner Wheeler asked Attorney Collins to provide an update on Senate Bill 360.
Attorney Collins recapped his memorandum of June 8, 2009, highlighting growth
management aspect changes to the Florida Statutes (see backup pages 243-A-1 and -2).
In response to Chairman Davis's inquiries, Director Keating acknowledged that trips are
not reflected for the City of Sebastian, as they are for Vero Beach; and that throughout the State,
most Counties and Municipalities who have their own Building Department, do not incorporate
concurrency and traffic counts with the County's.
Commissioner Wheeler announced that the conference for Senate Bill 360 would be a
virtual presentation, and that it was set for Friday, June 10th at 10:00 a.m.
NO ACTION TAKEN OR REQUIRED
25
June 9, 2009
The Chairman called a break at 10:05 a.m. and reconvened the meeting at 10:15 a.m.
with all members present.
14.D. COMMISSIONER PETER D. O'BRYAN- NONE
14.E. COMMISSIONER BOB SOLARI
14.E.1. COUNTY ADMINISTRATOR JOE BAIRD, THE DLII AND THE
PROCESS GOING FORWARD
Commissioner Solari, speaking for himself and fellow Commissioners, emphasized that
the Board did not condone drinking and driving, and that they all recognize the dangers
associated with it. He stressed that it is wrong, should not be done, and felt that if something
good is to come out of this situation, it should be that the dangers of drinking and driving are
made clearer to everyone, and that the publicity reduces further examples of irresponsible
behavior.
Commissioner Solari summarized his Agenda Item and acknowledged that he had
requested each Commissioner to pass any questions relating to this matter to the County
Attorney so he would have time to formulate a response for this meeting. He pointed out that
this is the first time that this matter has been discussed among the Commissioners, due to the
Sunshine Law. Even though he recognized the Chairman as a great advocate for allowing the
public to speak; he recommended the Board not have public discussion today, since it could
increase the County's potential liability for the violation of the County Administrator's civil
rights. He welcomed comments from the pubic through calls, e-mails, or writing.
26
June 9, 2009
Commissioner Solari explained why the process appears to be moving slowly, and why
he felt it imperative that the citizens' representatives do what they can to ensure that the power of
the State is not abused.
Attorney Collins provided clarification on the rights and duties of both the Administrator
and the County Commission for proceeding through the process. He spoke about the
Administrator's employment agreement with the County, existing County policies, and the
benefits set forth in the Indian River County Administrative Policy Manual. Attorney Collins
revealed that the only disciplinary offense Administrator Baird could be charged with, under our
disciplinary offenses in the manual, would be unlawful conduct either on or off the job; however,
any discipline based on unlawful conduct under the policy manual would have to await an
adjudication of the charges in County Court. He said that currently there is an alleged unlawful
conduct, and until Administrator Baird has his day in Court, there is not an adjudication of
unlawful conduct. He described the provision that allows for termination, the benefits he would
receive if the contract were to be terminated, specifics about the drug-free workplace policy, and
the fact that the contract was silent on suspension.
Attorney Collins voiced concern with opening the discussion to the public, thinking that
it would turn into a public forum to attack Administrator Baird. He said that in all likelihood,
Administrator Baird's attorney had advised him to remain silent and not respond to comments
until his case goes before the Court. People attacking him publicly, could create a public forum,
damage his reputation at a time when he is not in a position to respond, and entitle him to a name
clearing hearing that could linger several months.
Chairman Davis felt comfortable with his abilities to keep the discussion on the issues of
County policy and procedure.
27
June 9, 2009
Commissioner Solari informed the Board of his original intent — to get a public hearing
on the rights and duties of the County Administration and the County, and to work towards a
process when moving forward, not for public discussion of the situation.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner O'Bryan, to not offer
public comments at this time.
Vice Chairman Flescher felt the public should express their opinions. He asked counsel
if there would be any damage to the merits of the future application of this case, if the discussion
were to be kept on course.
Attorney Collins said if the discussion goes to the process and to County policy, perhaps
not, but he was apprehensive that the discussion would stray.
Commissioner Wheeler had mixed emotions. He felt the public should be heard since it
is a public meeting, did not believe a purpose would be served by opening this to the public, and
expressed that if it were to be opened to the public that comments should be kept strictly to
policy, not personal attacks.
Commissioners O'Bryan and Flescher expressed their reasons for objecting to bringing
this item forward as an Emergency Item at the May l9th Board of County Commission Meeting.
Commissioner Wheeler felt that if the Chairman could keep the discussion to the subject
matter, he would support public input, even though he did not believe this to be the appropriate
time.
28
June 9, 2009
The Chairman CALLED THE QUESTION and by a vote
of 2-3 (Commissioners Davis, Flescher, and Wheeler
opposed), the MOTION FAILED.
Human Resources Director James Sexton provided background and details of the drug-
free workplace policy as it applies to this case. He disclosed that the policy had been followed,
wherein the employee notified the County, and because the employee is not in a safety sensitive
position or in a special risk position, there was no need to transfer or move the employee to a
different set of tasks.
A brief discussion ensued among the Commissioners regarding the discussion being
limited to only County policy, not personalities.
Director Sexton said the next step in the process, according to the policy, is to wait on the
disposition of the charges, and upon the disposition of the case. If it is an outcome that the
Board is not favorable to, then they could decide at that point if any action is necessary. He
reemphasized that there is no need to remove Administrator Baird from any tasks because it is
not in a safety sensitive or special risk position.
Attorney Collins responded to questions regarding Administrator Baird's County
vehicle/car allowance.
Chairman Davis opened the floor to the public. He asked speakers to stay on the specific
issue of the County policy, and nothing related to the County Administrator.
29
June 9, 2009
Robert A. Bower, 7300 20th Street, Village Green, Lot 534, Vero Beach, wanted to
discuss the current application, as opposed to the application that was applied to his grandson.
Director Sexton reiterated the County policy as it applied to Mr. Brower's grandson, and
the sensitivity of the two positions.
Commissioner Wheeler reiterated to Mr. Bower that following Administrator Baird's
Court date, this issue would be addressed in full detail, with full public disclosure, and with full
public input.
Debbie K. Whitehouse, no address given, questioned travel allowances for employees,
guidelines for rescinding travel expenses, and whether there was a policy that could rescind or
continue a car allowance.
William Wells, 8800 44th Avenue, Sebastian, wondered if an individual would forfeit his
pension if he was convicted of a crime.
Joe Lowder, 231 1 1th Avenue, asked a question that was not related to the County
policy.
Reni Renzi, Waverly Place, wanted to know, if the contract called for 14 months of
continued salary and benefits, if the contract is terminated would the same apply if the employee
was fired.
30
June 9, 2009
Blades Robinson, 2126 Cavalla Road., Vero Beach, questioned whether the decision
could be made now, as opposed to later.
Amy Thoma, 5060 Harmony Circle, #108, Vero Beach, wanted to know if there was a
policy in place that would help employees with alcohol or drug related issues, if they requested
help.
Steve Myers, Business Agent with Teamsters Local Union 769, questioned the
disciplinary offense, a provision in the policy manual, and the guidelines that would be used in
the future.
George Moore, 6285 33rd Manor, Vero Beach, made comments that were not related to
the County policy.
Judy Saucerman, 625 11th Place, Vero Beach, said she was there to observe, not speak.
In conclusion, the Commissioners reiterated their earlier comments and thanked the
speakers for their respectful comments, and speaking within the boundaries that were set forth.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCYSER VICES DISTRICT - NONE
15. B. SOLID WASTE DISPOSAL DISTRICT - NONE
31
June 9, 2009
fir( I3: be 2e
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
11:18 a.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: JUL 0 7 2009
BCC/LAA/2009Minutes
32
June 9, 2009
Wesley S. Davis, Chairman
111( 137 PG 557