HomeMy WebLinkAbout07/07/2009JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JULY 7, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
ADDITION ITEM 14.C. COMMISSIONER WHEELER REQUESTED DISCUSSION AND
APPROVAL OF A RESOLUTION TO CULVERT THE SR60 AREA IN FRONT OF TARA
PLANTATION, AND INCLUDE IT WITH THE EXISTING PROJECT. 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF CERTIFICATE OF RECOGNITION TO CORY RICHTER AS
RECIPIENT OF THE STATE EMS INJURY PREVENTION AWARD FOR 2009 2
5.B. PRESENTATION OF CERTIFICATE OF RECOGNITION TO PAUL BUTTON AS
RECIPIENT OF THE STATE EMS DISPATCHER AWARD FOR 2009 2
1
July 7, 2009
6. APPROVAL OF MINUTES 2
6.A. REGULAR MEETING OF JUNE 9, 2009 2
6.B. REGULAR MEETING OF JUNE 16, 2009 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. LETTER OF RE-ELECTION OF EMMETT EVANS TO THE BOARD OF SUPERVISORS
OF THE ST. JOHNS IMPROVEMENT DISTRICT TO SERVE AN ADDITIONAL THREE
YEARS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 3
7.B. CITY OF SEBASTIAN ORDINANCE 0-08-01 - ANNEXATION OF 17.14 ACRES OF
SHADY REST MOBILE HOME PARK; ORDINANCE 0-08-02 - LAND USE; AND
ORDINANCE 0-08-03 - ZONING, ARE ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD 3
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES - JUNE 12, 2009 THRU JUNE 18, 2009 4
8.B. APPROVAL OF WARRANTS AND WIRES - JUNE 19, 2009 THRU JUNE 25, 2009 4
8.C. TEMPORARY RENT RELIEF FOR ROSEMARY'S CAFE 4
8.D. FEDERAL FISCAL YEAR 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG) PROGRAM CERTIFICATE OF PARTICIPATION 5
8.E. AMENDMENT NO. 1 TO WORK ORDER No. 6 (ENGINEERING) WITH ARDAMAN &
ASSOCIATES, INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES FOR
12TH STREET SIDEWALK PROJECT, FROM 43RD AVENUE TO 27TH AVENUE, IRC
PROJECT #0604 5
8.F. CR 512, PHASE III, CR 510 - PROJECT #9611 & 0001, GEOTECHNICAL SERVICES
WORK ORDER #2, DUNKELBERGER ENGINEERING & TESTING, INC. 6
8.G. AWARD OF BID # 2009037, ROADWAY IMPROVEMENTS TO 16TH STREET FROM
74TH AVENUE TO 66TH AVENUE, AND 66TH AVENUE FROM 16TH STREET TO S.R. 60,
IRC PROJECT Nos. 9920, 9810-A AND 0545 6
2
July 7, 2009
8.H. CONSIDERATION OF NEWLY CREATED FLORIDA HOUSING OPPORTUNITY
PROGRAM STRATEGY FOR INCLUSION INTO THE INDIAN RIVER COUNTY LOCAL
HOUSING ASSISTANCE PLAN 7
8.I. TRAFFIC CONTROL DEVICE LEDGER 7
8.J. AMENDED RESOLUTIONS OF NECESSITY FOR 66TH AVENUE PARCELS 7
8.K. STORM GROVE MIDDLE SCHOOL (FORMERLY KNOWN AS "MIDDLE SCHOOL BB")
6400 57TH STREET, VERO BEACH, FL 32967 ROADWAY IMPROVEMENTS ON 57TH
STREET BETWEEN 66TH AVENUE AND 58TH AVENUE UPDATE TO INTERLOCAL
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE SCHOOL BOARD OF
INDIAN RIVER COUNTY 11
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 12
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - FISCAL YEAR (FY) 2010
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA
PROGRAM: LOCAL SOLICITATION 12
9.B. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - FORFEITURE TRUST FUND 12
10. PUBLIC ITEMS 13
10.A. PUBLIC HEARING 13
10.A.1. PUBLIC HEARING TO AMEND SECTIONS 305.13 AND 305.14 OF THE CODE
(LEGISLATIVE) 13
10.B. PUBLIC DISCUSSION ITEMS 14
10.B.1.REQUEST TO SPEAK FROM CYRIL KNOWLES REGARDING BUDGET 2010 14
10.B.2.REQUEST TO SPEAK FROM JOE PALADIN, ATLANTIC COAST CONSTRUCTION,
REGARDING RETURN OF CASH BOND FOR SIDEWALK IN AREA NOT BEING BUILT 14
10.B.3.REQUEST TO SPEAK FROM SPENCER SIMMONS REGARDING UTILITY USAGE FEE 17
10.C. PUBLIC NOTICE ITEMS 18
3
July 7, 2009
10.C.1.NOTICE OF SCHEDULED PUBLIC HEARING JULY 14, 2009: To AMEND THE
PURCHASING ORDINANCE TO PROVIDE FOR LOCAL PREFERENCE POLICY FOR
LOCAL BUSINESSES; MEMORANDUM ON LOCAL VERSUS NON -LOCAL BID
AWARD COMPARISON (LEGISLATIVE) 18
11. COUNTY ADMINISTRATOR MATTERS - NONE 19
12. DEPARTMENTAL MATTERS 19
12.A. COMMUNITY DEVELOPMENT 19
12.A. 1. APPROVAL OF BID AWARD FOR REHABILITATION OF FIVE HOMES APPROVED
UNDER THE HURRICANE WILMA COMMUNITY DEVELOPMENT BLOCK GRANT
DISASTER RECOVERY INITIATIVE GROUP TWO 19
12.B. EMERGENCY SERVICES - NONE 20
12.C. GENERAL SERVICES - NONE 20
12.D. HUMAN RESOURCES - NONE 20
12.E. HUMAN SERVICES - NONE 20
12.F. LEISURE SERVICES - NONE 20
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 20
12.H. RECREATION - NONE 20
12.I. PUBLIC WORKS - NONE 20
12.J. UTILITIES SERVICES 21
12.J.1. AMENDMENT NO. 5 TO WORK ORDER NO. 2 TO PBS&J - RE -BID WELL PIPING
AND ADDITIONAL MODELING TASKS ASSOCIATED WITH CONSUMPTIVE USE
PERMIT 21
12.J.2. REQUEST TO USE THE GENERAL FUND TO COVER LANDFILL DISPOSAL FEES FOR
PACE PROJECTS AND OTHER ILLEGAL DUMPING PROJECTS 21
12.J.3. REPAIR TO BAR SCREEN SOUTH COUNTY WASTEWATER TREATMENT FACILITY 22
4
July 7, 2009
13. COUNTY ATTORNEY MATTERS - NONE 23
14. COMMISSIONERS ITEMS 23
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE 23
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE 23
14.C. COMMISSIONER GARY C. WHEELER 23
14.C.1.DISCUSSION AND APPROVAL OF A RESOLUTION TO CULVERT THE SR60 AREA IN
FRONT OF TARA PLANTATION, AND INCLUDE IT WITH THE EXISTING PROJECT. 23
14.D. COMMISSIONER PETER D. O'BRYAN - NONE 24
14.E. COMMISSIONER BOB SOLARI - NONE 24
15. SPECIAL DISTRICTS AND BOARDS 24
15.A. EMERGENCY SERVICES DISTRICT - NONE 24
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 24
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 24
16. ADJOURNMENT 25
5
July 7, 2009
JEFFREY K. BARTON
Clerk to the Board
!rte'
July 7, 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, July 7, 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
Deputy Teddy Floyd, Indian River County Sheriff Office, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Flescher led the Pledge of Allegiance to the Flag.
1
July 7, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
ADDITION ITEM 14. C COMMISSIONER WHEELER REQUESTED DISCUSSION AND
APPROVAL OFA RESOLUTION TO CULVERT THE SR 60 AREA IN FRONT OF
TARA PLANTATION, AND INCLUDE IT WITH THE EXISTING PROJECT.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
approved the above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF CERTIFICATE OF RECOGNITION TO CORY RICHTER AS
RECIPIENT OF THE STATE EMS INJURY PREVENTION AWARD FOR 2009
Commissioner O'Bryan read and presented the Certificate of Recognition to Cory
Richter.
5.B. PRESENTATION OF CERTIFICATE OF RECOGNITION TO PAUL BUTTON AS
RECIPIENT OF THE STATE EMS DISPATCHER A WARD FOR 2009
Commissioner O'Bryan read and presented the Certificate of Recognition to Paul Button.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF JUNE 9, 2009
The Chairman asked if there were additions or corrections to the Minutes of the Regular
Meeting of June 9, 2009. There were none.
2
July 7, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Minutes of the Regular Meeting of June 9,
2009, as written.
6.B. REGULAR MEETING OF JUNE 16, 2009
The Chairman asked if there were additions or corrections to the Minutes of the Regular
Meeting of June 16, 2009. There were none.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Minutes of the Regular Meeting of June 16,
2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
7.A. LETTER OF RE-ELECTION OF EMMETT EVANS TO THE BOARD OF
SUPERVISORS OF THE ST. JOHNS IMPROVEMENT DISTRICT TO SERVE AN
ADDITIONAL THREE YEARS IS ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
7.B. CITY OF SEBASTIAN ORDINANCE 0-08-01— ANNEXATION OF 17.14 ACRES
OF SHADY REST MOBILE HOME PARK; ORDINANCE 0-08-02 — LAND USE;
AND ORDINANCE 0-08-03 — ZONING, ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
3
July 7, 2009
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES -.JUNE 12, 2009 THRU.JUNE 18,
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 June 12, 2009 to
June 18, 2009, as requested in the memorandum of June
18, 2009.
8.B. APPROVAL OF WARRANTS AND WIRES - .JUNE 19, 2009 THRU.JUNE 25,
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 June 19, 2009 to
June 25, 2009, as requested in the memorandum of June
25, 2009.
8.C. TEMPORARY RENT RELIEF FOR ROSEMARY'S CAFE
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved a temporary relief period of three (3) months of
rent forgiveness commencing July 1, 2009 and ending
4
July 7, 2009
October 1, 2009, as recommended in the memorandum of
June 29, 2009.
8.D. FEDERAL FISCAL YEAR 2009 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM CERTIFICATE OF PARTICIPATION
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously:
(1) accepted the invitation to serve as the coordinating unit
of government in the Florida Department of Law
Enforcement (FDLE) Edward Byrne Memorial Justice
Assistance Grant (JAG) Program; (2) authorized the Board
Chairman to execute the Certificate of Participation
naming Jason E. Brown, Director, Management & Budget,
as the contact person; (3) accepted the total amount of the
Grant, which is $129,896; and (4) directed the Substance
Abuse Council Advisory Board to recommend a
distribution of these funds among local applicants, as
recommended in the memorandum of June 30, 2009.
LETTER OF ACCEPTANCE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. AMENDMENT No. 1 TO WORK ORDER No. 6 (ENGINEERING) WITH
ARDAMAN & ASSOCIATES, INC. PROVIDING PROFESSIONAL
GEOTECHNICAL SERVICES FOR 12TH STREET SIDEWALK PROJECT, FROM
43RD AVENUE TO 27TH AVENUE IRC PROJECT #0604
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Amendment No. 1 to Work Order No. 6, with
5
July 7, 2009
Ardaman & Associates, Inc., authorizing the additional
testing for the project, and authorized the Chairman to
execute same for a not -to -exceed amount of $827.00, as
recommended in the memorandum of June 19, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. CR 512, PHASE III, CR 510 — PROJECT #9611 & 0001, GEOTECHNICAL
SERVICES WORK ORDER #2, DUNKELBERGER ENGINEERING & TESTING,
INC.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved release of retainage to Dunkelberger
Engineering and Testing, Inc., in the amount of $2,743.50,
as recommended in the memorandum of June 25, 2009.
8.G. AWARD OF BID # 2009037, ROADWAY IMPROVEMENTS TO 16TH STREET
FROM 74THAVENUETO 66TH AVENUE? AND 66711AVENUEFROM 16TH
STREET TO S.R. 60, IRC PROJECT NOS 9920, 9810-A AND 0545
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the contract award to J.W. Cheatham, LLC in
the amount of $3,994,363.84, as recommended in the
memorandum of June 18, 2009.
6
July 7, 2009
8.H. CONSIDERATION OF NEWLY CREATED FLORIDA HOUSING OPPORTUNITY
PROGRAM STRATEGY FOR INCLUSION INTO THE INDIAN RIVER COUNTY
LOCAL HOUSING ASSISTANCE PLAN
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-094, approving a revision to
the County's local Housing Assistance Plan for FY 2009-
2010, 2010-2011, and 2011-2012 to add a Florida Housing
Opportunity Program Strategy.
8.1. TRAFFIC CONTROL DEVICE LEDGER
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-095, approving traffic control
devices authorized by the Director of Public Works.
8..1 AMENDED RESOLUTIONS OF NECESSITY FOR 66TH AVENUE PARCELS
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved an amended Resolution 2009-096, 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
7
July 7, 2009
institution of proceedings in eminent domain, and
providing an effective date. (Parcel 107C — Charlene
Brown)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved an amended Resolution 2009-097, declaring a
reasonable necessity to acquire certain real property for
the purposes of improving and reconstructing 66th Avenue,
including side street, intersection, sidewalk and water
retention pond improvements; authorizing the County
Attorney to acquire the attached properties by the
institution of proceedings in eminent domain, and
providing an effective date. (Parcel 108 — William Bethel
and Sheila Votzi)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved an amended Resolution 2009-098, 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
8
July 7, 2009
providing an effective date. (Parcel 109 — William H. and
Ruth M Stanbridge)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved an amended Resolution 2009-099, declaring a
reasonable necessity to acquire certain real property for
the purposes of improving and reconstructing 66th Avenue,
including side street, intersection, sidewalk and water
retention pond improvements; authorizing the County
Attorney to acquire the attached properties by the
institution of proceedings in eminent domain, and
providing an effective date. (Parcel 110 — William H. and
Ruth M Stanbridge)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved an amended Resolution 2009-100, declaring a
reasonable necessity to acquire certain real property for
the purposes of improving and reconstructing 66th Avenue,
including side street, intersection, sidewalk and water
retention pond improvements; authorizing the County
Attorney to acquire the attached properties by the
institution of proceedings in eminent domain, and
providing an effective date. (Parcel 112 — Lawrence 1
Brown and Phyllis 1 Brown)
9
July 7, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved an amended Resolution 2009-101, declaring a
reasonable necessity to acquire certain real property for
the purposes of improving and reconstructing 66th Avenue,
including side street, intersection, sidewalk and water
retention pond improvements; authorizing the County
Attorney to acquire the attached properties by the
institution of proceedings in eminent domain, and
providing an effective date. (Parcel 122 — Stanley Jr. and
Hilda C. Harbourt)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved an amended Resolution 2009-102, declaring a
reasonable necessity to acquire certain real property for
the purposes of improving and reconstructing 66th Avenue,
including side street, intersection, sidewalk and water
retention pond improvements; authorizing the County
Attorney to acquire the attached properties by the
institution of proceedings in eminent domain, and
providing an effective date. (Parcel 102 — Steven, William
and Evan Abazis)
10
July 7, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved an amended Resolution 2009-103, declaring a
reasonable necessity to acquire certain real property for
the purposes of improving and reconstructing 66th Avenue,
including side street, intersection, sidewalk and water
retention pond improvements; authorizing the County
Attorney to acquire the attached properties by the
institution of proceedings in eminent domain, and
providing an effective date. (Parcel 401 - Steven, William
and Evan Abazis)
8.K. STORM GROVE MIDDLE SCHOOL (FORMERLY KNOWN AS "MIDDLE
SCHOOL BB") 6400 57THSTREETi VERO BEACH, FL 32967 ROADWAY
IMPROVEMENTS ON 57TH STREET BETWEEN 66TH AVENUE AND 58TH
AVENUE UPDATE TO INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND THE SCHOOL BOARD OF INDIAN RIVER COUNTY
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Alternative No. 1, the amended County cost
share of the December 2008 Interlocal Agreement with the
School Board, covering roadway improvements to 57th
Street, 66th Avenue, and 58th Avenue, from $1.25 million
down to $788,170.76, as recommended in the
memorandum of June 30, 2009.
11
July 7, 2009
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - FISCAL YEAR (FY) 2010
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
FORMULA PROGRAM: LOCAL SOLICITATION
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved that Edward Byrne Memorial Justice Assistance
Grant (JAG) Grant Funds, with no match required, in the
amount of $32,294.00 be used to purchase needed
upgrades to GIS Software and Crime Analyst Software,
along with crime mapping hosting fees for three (3) years,
as requested in the letter dated June 18, 2009.
9.B. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - FORFEITURE TRUST
FUND
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved that Law Enforcement Trust Funds in the
amount of $14,000.00 be used to support programs and
agencies as designated: (1) $2,000 to be donated to the
2-1-1 Palm Beach/Treasure Coast agency; (2) $2,500 to be
used to support Crime Stoppers of the Treasure Coast;
(3) $2,500 to the Substance Abuse Council; (4) $5,000 to
be used in our Problem Oriented Policing program;
(5) $1,000 to A Child is Missing; and (6) $1,000 to
support the annual Florida Missing Children's Day
ceremony; as requested in the Sheriff's letter dated June
30, 2009.
12
July 7, 2009
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
10.A.1. PUBLIC HEARING TO AMEND SECTIONS 305.13 AND 305.14 OF THE CODE
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Senior Assistant County Attorney Marian Fell recapped her memorandum dated June 23,
2009, requesting amendment of an existing surcharge from $15.00 to $30.00, applicable to non-
criminal traffic offenses; and certain criminal traffic offenses. She indicated that the existing
surcharge had been in effect since 2004, and now the Legislature is allowing an increase.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman Davis, to deny staff's
recommendation, by not increasing the fee.
Commissioner Wheeler felt that due to the current economic conditions there were other
revenue creating sources, and that there were other ways to cut back, not through the taxpayers.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
13
July 7, 2009
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM CYRIL KNOWLES REGARDING BUDGET 2010
Cyril Knowles, 7855 91st Avenue, Vero Beach, questioned the necessity of the Sheriff's
office maintaining two Administrative Lieutenant positions, two Administrative Sergeant
positions, and permitting take-home cars. He believed the Sheriff's office should cut back on
personnel and that the 2010 Budget should meet or fall below their 2009 Budget.
Chairman Davis invited and encouraged Mr. Knowles to attend the 2009/2010 Budget
Workshops scheduled for July 23rd and 24th.
Commissioner Wheeler suggested Mr. Knowles meet with the Sheriff before the
Workshops to discuss their budget and the additional personnel.
10.B.2. REQUEST TO SPEAK FROM JOE PALADIN, ATLANTIC COAST
CONSTRUCTION, REGARDING RETURN OF CASH BOND FOR SIDEWALK IN
AREA NOT BEING BUILT
Joseph Paladin, President of Atlantic Coast Construction and Development, Inc., and
President of Black Swan Consulting, gave an overview of the events that took place as he read
the correspondence pertaining to sidewalk deferral in the Paladin Place II Subdivision (see
Backup pages 208-255). He also read and spoke about a portion of Ordinance 2009-002, Section
913.09(5)(b)2c,ii.,B., which defines the area of the subdivision where sidewalk construction and
security postings are to be deferred, and requested the Board release his cash bond for the
sidewalks which are not being built.
14
July 7, 2009
County Attorney William Collins revealed that there was no contractual relationship
deferring the sidewalk development from the new owner, 510 Road Investment LLC; however,
there had been a contract with Atlantic Coast Construction and Development, Inc. to put in the
sidewalks, and it was the only security that the County had.
Discussion ensued regarding the receipt, sufficiency, and intent of what was being
examined on the Application for Deferral of Development forms.
After a discussion by the Board as to why this item was brought before the Board under
Public Discussion Items; whether Angela Kelsey on behalf of 510 Road Investments LLC would
sign the Application for Deferral of Development form to defer development; and the elimination
of the contract so Mr. Paladin could move forward, Commissioner Solari suggested this item be
delayed one week.
Community Development Director Bob Keating and County Administrator Joe Baird
explained the permitting process as it applies to townhouse sidewalks, what would be involved
when putting in the sidewalk along with the vertical construction, and the objective of making a
continuous sidewalk.
Mr. Paladin told the Board that his company had put up 125% cash toward the estimated
cost of the sidewalk project, and that County staff had approved. He felt that if he put the
sidewalks in now, they would not hold up under construction, due to trucks driving over them.
Commissioner Wheeler believed the County would be covered by both the Permit and
Certificate of Occupancy (CO) processes.
15
July 7, 2009
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman Davis, to return the funds to
Mr. Paladin.
Commissioner Solari agreed to the substance, but not the process. He wanted to table
this for one week to allow staff to have their say, and the County Attorney to get comfortable
with this, but more importantly, let the public know that the Board is going to make a decision on
it.
Commissioner Wheeler AMENDED HIS MOTION, to
table this item for one week. There was no SECOND.
MOTION died for lack of a SECOND.
The Chairman CALLED THE QUESTION and by a vote
of 4-1 (Commissioner Solari opposed), the Motion carried.
The Board approved Mr. Paladin's request (regarding
Paladin Place II Subdivision) to release his funds pursuant
to Ordinance 2009-002.
Commissioner O'Bryan reiterated Commissioner Solari's concern as to why this Item
was brought up under Public Discussion Items, since the Request to be Scheduled for Public
Discussion form states, "The Commission does not vote on matters brought up under Public
Discussion." He pointed out that either the form or the policy needs to be changed.
16
July 7, 2009
1O.B.3. REQUEST TO SPEAK FROM SPENCER SIMMONS REGARDING UTILITY
USAGE FEE
Spencer Simmons, Simmons Construction and Development, 118 43rd Avenue,
representing himself and Meadows County Square, discussed a project where his company had
installed a 4" main and tap under the road to tie into the force main for their small lift station. He
said Mr. Meeks, the owner to the north, was planning to tap into his lines and he felt that he
should pay his half of the expense. He questioned why the County Attorney's Office would not
allow this item to be presented to the Board nor allow this to move forward.
Utilities Director Erik Olson conveyed that it was not unusual for a Developer to lay
utility lines, and when someone taps in, they pay a portion of the cost. He believed the issue was
that this was "after the fact," and that the focus of the project had been on the impact fee issue.
He stated that if the line which was put under the road was of minimal size, that a Developer's
Agreement might be required, and that Mr. Meeks would not be happy with joining in on the
Agreement. Director Olson said he would have staff review this again to see if this is practical,
and if there is a middle ground on the process.
Commissioner Wheeler wanted to know if the County had leverage to ensure Mr. Meeks
would pay his portion.
Director Olson said that Mr. Meeks had not yet tied into the line but was preparing to do
so. He clarified that the County does have the ability to mandate the project at this time, but is
limited to five years, beyond the five years it sunsets; meaning that if Mr. Meeks were to come
back in six years, it would be sun-setted and he would not be obligated to tie in and pay his
proportionate share. He also expressed that staff's goal is to minimize the bores under the road
for the existing service line.
17
July 7, 2009
Commissioner Solari asked Director Olson what he thought the estimated cost difference
would be between the owner having to punch under the road and tie-in across the street, versus
just tying into the tee. Director Olson estimated it would be about $7,000.00. Commissioner
Solari requested this Item be tabled for one week.
Commissioner O'Bryan suggested staff bring this back to the Board next week, wanting
assurance that the new owner (Mr. Meeks) would not hook up before this returns to the Board.
Administrator Baird asked that the Board give staff two weeks before bringing this back
to the Board.
facts.
Director Olson said he would consult with the Attorney's Office to ensure he has all the
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
to Table this item for two weeks, and for staff to bring
back to the Board under Utilities.
10.C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING JULY 14, 2009: TO AMEND
THE PURCHASING ORDINANCE TO PROVIDE FOR LOCAL PREFERENCE
POLICY FOR LOCAL BUSINESSES; MEMORANDUM ON LOCAL VERSUS NON -
LOCAL BID AWARD COMPARISON (LEGISLATIVE)
Attorney Collins read the Notice into the record.
July 7, 2009
18
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A. 1. APPROVAL OF BID A WARD FOR REHABILITATION OF FIVE HOMES
APPROVED UNDER THE HURRICANE WILMA COMMUNITY DEVELOPMENT
BLOCK GRANT DISASTER RECOVERY INITIATIVE GROUP Two
Community Development Director Bob Keating indicated that this Item was a simple bid
award that would have been on the Consent Agenda, but he needed an acknowledgment that
there was no conflict of interest. There was none.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
the contractor and total bid awards as follows:
(1) Brown, Bessie (3970 45th Place) to McAlhany
Construction Company, Vero Beach, FL for the total
amount of $2,496.00;
(2) Everest, Regina (6035 6th Place) to McAlhany
Construction Company, Vero Beach, FL for the total
amount of $3,222.00;
(3) Williams, Cecile (2302 11th Court S.W.) to McAlhany
Construction Company, Vero Beach, FL for the total
amount of $10,722.00;
19
July 7, 2009
(4) Granito, Laura (1815 50th Avenue) to McAlhany
Construction Company, Vero Beach, FL for the total
amount of $2,574.00;
(5) Dunn, Robert (1337 12th Avenue) to McAlhany
Construction Company, Vero Beach, FL for the total
amount of $2,382.00, all as recommended in the
memorandum of June 12, 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
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION- NONE
12.1. PUBLIC WORKS - NONE
20
July 7, 2009
12.1. UTILITIES SERVICES
12.1.1. AMENDMENT No. 5 TO WORK ORDER No. 2 TO PBS&J— RE -BID WELL
PIPING AND ADDITIONAL MODELING TASKS ASSOCIATED WITH
CONSUMPTIVE USE PERMIT
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously: (1) approved
Amendment No. 5 to Work Order No. 2 with PBS&J;
(2) approved additional design fees not to exceed
$30,100.00; and (3) authorized the Chairman to execute
same, as recommended in the memorandum of June 22,
2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.2. REQUEST TO USE THE GENERAL FUND TO COVER LANDFILL DISPOSAL
FEES FOR PACE PROJECTS AND OTHER ILLEGAL DUMPING PROJECTS
Managing Director of the Solid Waste Disposal District Himanshu Mehta, on behalf of
the Utilities Department, acknowledged the wonderful job that the Health Department had been
doing in the Community with the PACE (Protocol for Assessing Community Excellence)
project. He pointed out that they had identified abandoned homes, were working with the
community to clean up the Gifford area, volunteered to demolish abandoned homes, and take the
material to the landfill. He said this Item was to approve the request to use the General Fund to
cover landfill disposal fees.
21
July 7, 2009
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously
authorized a Budget Amendment from the General Fund,
not to exceed $8,000.00. The funds will be donated to the
2008/2009 FY PACE cleanup project in the Gifford
Community and be used for the sole purpose of paying
associated landfill fees, as recommended in the
memorandum of June 23, 2009.
12.J.3. REPAIR TO BAR SCREEN SOUTH COUNTY WASTEWATER TREATMENT
FACILITY
Commissioner Solari asked Director Olson to address the expected life of the repaired
unit compared to a new one.
Director Olson expected another ten years of life from the repaired unit, and felt it was
more cost effective to have it refurbished for the same time period, as opposed to spending the
money for a new one.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized the Purchasing Department to issue a Purchase
Order to FilterONE USA, in the amount of $44,219.92, as
recommended in the memorandum of June 16, 2009.
22
July 7, 2009
13. COUNTY ATTORNEY MATTERS - NONE
14. COMMISSIONERS ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN -
NONE
14. C. COMMISSIONER GARY C. WHEELER
14.C.1. DISCUSSION AND APPROVAL OFA RESOLUTION TO CULVERT THE SR6O
AREA IN FRONT OF TARA PLANTATION, AND INCLUDE IT WITH THE
EXISTING PROJECT
Commissioner Wheeler proposed a Resolution in support of culverting the portion of
SR60, in front of Tara Plantation, and anything that could be done to make it become a reality
with the Florida Department of Transportation (FDOT).
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman Davis, the Board unanimously approved
Resolution 2009-104, Requesting the installation of a
culvert along a section of State Road 60 (SR60) in front of
"Tara Plantation" by the Florida Department of
Transportation.
23
July 7, 2009
14.D. COMMISSIONER PETER D. O'BRYAN- NONE
14.E. COMMISSIONER BOB SOLARI - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15. C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
24
July 7, 2009
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
10:30 a.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved:
AUG 1 8 2009
BCC/LAA/2009M inutes
25
July 7, 2009
Wesley S. Davis, Chairman
OK 137 PC 672