HomeMy WebLinkAbout08/18/2009JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF AUGUST 18, 2009
1. CALL TO ORDER..............................................................................................................................1
2. INVOCATION....................................................................................................................................1
3. PLEDGE OF ALLEGIANCE............................................................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS....................................2
DELETION: ITEM 8.T. REQUEST TO APPROVE NEIGHBORHOOD STABILAZATION
PROGRAM (NSP) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SURVEYOR SELECTION COMMITTEE RANKING AND REQUEST FOR
AUTHORIZATION TO EXECUTE CONTRACTS WITH THE TOP THREE RANKED
SURVEYORS (REQUEST FOR QUALIFICATIONS NO. 2009048) ..................................... 2
DELETION: ITEM 8.BB. REQUEST FOR APPROVAL OF CONTRACT AWARDS FOR IRC
BID NO. 2009047 NEIGHBORHOOD STABILIZATION PROGRAM (NSP) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) HOUSING ACQUISITION SERVICES ................ 2
DEFERRAL: ITEM 8.CC. CONSIDERATION OF TREASURE COAST HOMELESS SERVICES
COUNCIL AND INDIAN RIVER COUNTY HOUSING AUTHORITY AGREEMENTS FOR
I
August 18, 2009
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAMMATIC SERVICES ................................................. 2
DELETION: ITEM 10.13.2. REQUEST TO SPEAK FROM DEBBIE CROSS REGARDING
FLOODING OF MY PROPERTY DUE TO NO DRAINAGE EASEMENT ................................ 2
5. PROCLAMATIONS AND PRESENTATIONS - NONE...............................................................2
6. APPROVAL OF MINUTES..............................................................................................................3
6.A. REGULAR MEETING OF JULY 7, 2009....................................................................... 3
6.13. REGULAR MEETING OF JULY 14, 2009..................................................................... 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION...............................................................................................................................3
7.A. RESIGNATION OF MANUFACTURING APPOINTEE TO THE ECONOMIC
DEVELOPMENT COUNCIL (EDC).............................................................................. 4
7.13. PROOF OF PUBLICATION OF UNCLAIMED MONIES FOR CASH BONDS DEPOSITED
WITH THE CLERK OF THE CIRCUIT COURT PRIOR TO JANUARY 1, 2008 (ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD)......................................................... 4
7.C. SURVEY PROJECT PURCHASE ORDERS PROCESSED JUNE 9, 2009 THROUGH
AUGUST11, 2009.................................................................................................... 4
7.D. RESIGNATION OF ELECTRICAL CONTRACTOR APPOINTEE TO THE CONSTRUCTION
BOARD OF ADJUSTMENTS & APPEALS...................................................................... 4
7.E. 2009 ELECTION OF SCHOOL PLANNING ELECTED OFFICIALS OVERSIGHT
COMMITTEE CHAIRMAN.......................................................................................... 4
8. CONSENT AGENDA........................................................................................................................5
8.A. APPROVAL OF WARRANTS AND WIRES, JULY 10, 2009 THRU JULY 16, 2009 .............. 5
W
August 18, 2009
8.13.
APPROVAL OF WARRANTS AND WIRES, JULY 17, 2009 TO JULY 23, 2009 .................. 5
8.C.
APPROVAL OF WARRANTS AND WIRES, JULY 24, 2009 THRU JULY 30, 2009 .............. 6
8.D.
APPROVAL OF WARRANTS AND WIRES, JULY 31, 2009 THRU AUGUST 6, 2009........... 6
8.E.
HARMONY OAKS MITIGATION PROJECT: APPROVAL OF CONTRACTOR'S FINAL
PAY REQUEST (INCLUDING RELEASE OF RETAINAGE) FOR PART 2 OF THE
CONTRACT............................................................................................................. 6
8.F. APPROVAL OF WORK ORDER NO. 5 -RR FOR THE ROCKRIDGE SUBDIVISION
SURGE PROTECTION PROJECT.................................................................................. 7
8.G. WABASSO BEACH PARK RESTORATION; WORK ORDER CT -3; PROFESSIONAL
ENGINEERING SERVICES FOR THE CONSTRUCTION PHASE SITE OBSERVATION
RELATIVE TO PERMIT AND CONTRACT REQUIREMENTS; COASTAL TECHNOLOGY
CORPORATION; FINAL PAYMENT RELEASE OF RETAINAGES...................................... 7
8.H. RESOLUTION REQUESTING ASSISTANCE FROM STATE OF FLORIDA BEACH
EROSION CONTROL PROGRAM................................................................................. 8
8.I. RELEASE OF RETAINAGE - WORK ORDER #4, COASTAL TECHNOLOGY
CORPORATION INC., UPLAND SAND SOURCE EVALUATION AND PERMITTING ............ 8
8.J. CONSIDERATION OF RESOLUTION SUPPORTING THE INCLUSION OF THE
INTERCITY RAIL COMPONENT OF THE FLORIDA EAST COAST (FEC) CORRIDOR
PROJECT AS PART OF FLORIDA'S ECONOMIC STIMULUS PLAN ................................... 8
8.K. APPROVAL OF BID AWARD FOR IRC BID NO. 2009046,16" REUSE WATER MAIN
EXT ALONG LAT G CANAL AND 16" REUSE WATER MAIN 57TH ST TO 53RD ST ........... 9
8.L. RATIFICATION OF DOCUMENTS EXECUTED BY THE COUNTY ADMINISTRATOR OR
DESIGNEE ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS, UNDER
AUTHORITY OF RESOLUTION NO. 2009-115, FROM JULY 22, 2009 THROUGH
AUGUST17, 2009.................................................................................................. 10
8.M. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR510 FROM
CR512 TO 75TH COURT - AMENDMENT NO. 5 ......................................................... 10
3
August 18, 2009
8.N. WABASSO BEACH PARK RESTORATION; PROJECT NO. 0822 BID NUMBER
2008070 CHANGE ORDER NO. 4; RECONCILIATION CHANGE ORDER, ADDITIONAL
WORK, TIME EXTENSIONS, AND 7TH AND FINAL PAYMENT; OCEAN GATE
GENERAL CONTRACTORS, INC............................................................................... 11
8.0. APPROVAL OF BID AWARD FOR IRC BID NO. 2009052 CORE -ALIGNMENT FUSION
SPLICER................................................................................................................ 11
8.P. WORK ORDER DA -1 FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR
WABASSO BEACH PARK RESTORATION DESIGN; DONADIO AND ASSOCIATES,
ARCHITECTS, PA, FINAL PAYMENT/RELEASE OF RETAINAGES................................ 12
8.Q. CONSIDERATION OF RESOLUTION SUPPORTING ELIMINATION OF THE CAP ON THE
STATE AND LOCAL HOUSING TRUST FUNDS........................................................... 12
8.R. WORK ORDER NO. 22, (ENGINEERING/ SURVEYING), CARTER ASSOCIATES, INC.,
OLD DIXIE HIGHWAY, 69TH STREET TO CR510, RIGHT-OF-WAY MAPPING (+/- 2
MILES)................................................................................................................. 13
8.S. CRF PANTHER IX, L.L.C.'S REQUEST FOR FINAL PLAT APPROVAL FOR A
COMMERCIAL SUBDIVISION TO BE KNOWN AS CENTURY TOWN CENTER ................. 13
8.T. REQUEST TO APPROVE NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SURVEYOR SELECTION
COMMITTEE RANKING AND REQUEST FOR AUTHORIZATION TO EXECUTE
CONTRACTS WITH THE TOP THREE RANKED SURVEYORS (REQUEST FOR
QUALIFICATIONS NO. 2009048)............................................................................. 13
8.U. FEDERAL FISCAL YEAR 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT(JAG)....................................................................................................... 14
8.V. MISCELLANEOUS BUDGET AMENDMENT 019 .......................................................... 14
8.W. MISCELLANEOUS BUDGET AMENDMENT 020 .......................................................... 15
8.X. MISCELLANEOUS BUDGET AMENDMENT 021, JUVENILE CIVIL CITATION
PROGRAMS........................................................................................................... 15
al
August 18, 2009
8.Y. FINAL PAYMENT AND RETAINAGE RELEASE, ECOLOGICAL ASSOCIATES INC.,
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES................................17
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - COLLECTIVE BARGAINING
IMPASSE............................................................................................................... 17
10. PUBLIC ITEMS................................................................................................................................18
10.A. PUBLIC HEARING.............................................................................................. 18
10.A.1. RICHARD BIRD'S REQUEST TO REZONE f 1.70 ACRES FROM IL TO CG
(QUASI-JUDICIAL)................................................................................................. 19
10.A.2. INDIAN RIVER COUNTY'S REQUEST TO ABANDON A SEGMENT OF 86TH STREET
BETWEEN CR510 AND 47TH AVENUE AND A SEGMENT OF 46TH AVENUE BETWEEN
86TH PLACE AND CR510 IN WABASSO (LEGISLATIVE) ........................................... 20
5
August 18, 2009
CONTRACT AMENDMENT NO. 3............................................................................. 15
8.Z.
RIGHT-OF-WAY ACQUISITION - 66TH AVENUE #0370 6420 53RD STREET,
INTERSECTION TRANSITION THOMAS W. AND BARBARA J. LEWIS, OWNERS............
16
8.AA.
REQUEST FOR AUTHORIZATION FOR THE BOARD CHAIRMAN TO SIGN A
DEPARTMENT OF COMMUNITY AFFAIRS/INDIAN RIVER COUNTY NEIGHBORHOOD
STABILIZATION PROGRAM (NSP) COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AGREEMENT............................................................................................
16
8.1313.
REQUEST FOR APPROVAL OF CONTRACT AWARDS FOR IRC BID NO. 2009047
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) HOUSING ACQUISITION SERVICES .....................................
17
8.CC.
CONSIDERATION OF TREASURE COAST HOMELESS SERVICES COUNCIL AND
INDIAN RIVER COUNTY HOUSING AUTHORITY AGREEMENTS FOR
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAMMATIC SERVICES ...............................................
17
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES................................17
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - COLLECTIVE BARGAINING
IMPASSE............................................................................................................... 17
10. PUBLIC ITEMS................................................................................................................................18
10.A. PUBLIC HEARING.............................................................................................. 18
10.A.1. RICHARD BIRD'S REQUEST TO REZONE f 1.70 ACRES FROM IL TO CG
(QUASI-JUDICIAL)................................................................................................. 19
10.A.2. INDIAN RIVER COUNTY'S REQUEST TO ABANDON A SEGMENT OF 86TH STREET
BETWEEN CR510 AND 47TH AVENUE AND A SEGMENT OF 46TH AVENUE BETWEEN
86TH PLACE AND CR510 IN WABASSO (LEGISLATIVE) ........................................... 20
5
August 18, 2009
IO.A.3. INDIAN RIVER COUNTY'S REQUEST FOR ABANDONMENT OF AN "EXCESS
APPENDAGE" OF OLD DIXIE HIGHWAY RIGHT-OF-WAY LYING JUST NORTH OF
8TH STREET ON THE WEST SIDE OF OLD DIXIE HIGHWAY (LEGISLATIVE) .............. 22
10.A.4. PUBLIC HEARING TO AMEND PORTIONS OF CODE CHAPTER 201 COUNTY
WATER AND SEWER; AND PUBLIC HEARING TO AMEND PORTIONS OF THE
UTILITIES RATE RESOLUTION MAKE CONFORMING CHANGES (LEGISLATIVE) ....... 23
10.13. PUBLIC DISCUSSION ITEMS............................................................................. 25
10.13.1. REQUEST TO SPEAK FROM KENNETH B. MCKELLAR REGARDING 31 ST AVE AT
49TH ST. .61 ACRE LAND. GIFFORD. WHICH I/z IS IMPROVED ................................. 25
10.13.2. REQUEST TO SPEAK FROM DEBBIE CROSS REGARDING FLOODING OF MY
PROPERTY DUE TO NO DRAINAGE EASEMENT........................................................ 27
10.C. PUBLIC NOTICE ITEMS -NONE ......................................................................... 28
11. COUNTY ADMINISTRATOR MATTERS - NONE....................................................................28
12. DEPARTMENTAL MATTERS......................................................................................................28
12.A. COMMUNITY DEVELOPMENT.......................................................................... 28
12.A.1. CONSIDERATION OF AGRICULTURE ADVISORY COMMITTEE'S
RECOMMENDATION............................................................................................... 28
12.A.2. CONSIDERATION OF EXTENSION OF TEMPORARY SUSPENSION OF IMPACT FEES .... 30
12.A.3. CONSIDERATION OF 2009 IMPACT FEE UPDATE REPORT ...................................... 30
12.A.4. CONSIDERATION OF PROPOSED CHANGES TO SIDEWALK REQUIREMENTS ............. 31
12.13. EMERGENCY SERVICES - NONE........................................................................ 32
12.C. GENERAL SERVICES - NONE............................................................................. 33
12.D. HUMAN RESOURCES - NONE............................................................................. 33
12.E. HUMAN SERVICES - NONE................................................................................. 33
2
August 18, 2009
12.F. LEISURE SERVICES - NONE............................................................................... 33
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ........................................... 33
12.1-1. RECREATION - NONE......................................................................................... 33
12.I. PUBLIC WORKS - NONE..................................................................................... 33
12.J. UTILITIES SERVICES......................................................................................... 33
12.J.1. CAMP DRESSER & MCKEE WORK ORDER NO. 15 - LIFT STATION
PRECIPITATION STUDY.......................................................................................... 33
12.J.2. SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT, PROFESSIONAL
SERVICES BY KIMLEY-HORN & ASSOCIATES, INC. (KHA) FOR RENOVATION OF
AIR CONDITIONER SYSTEM AT SOUTH COUNTY RO FACILITY - WORK ORDER
No. 14 AMENDMENT No. 3.................................................................................... 34
12.J.3. WORK ORDER NO. 13 WITH CDM - DESIGN, PERMITTING, BIDDING AND
CONSTRUCTION SERVICES FOR CONSTRUCTION OF WELL NO. 7 AT THE SOUTH
COUNTY R.O. FACILITY........................................................................................ 34
12.J.4. UTILITY CONSTRUCTION STANDARDS JULY 2009 -UCP 3110 ............................... 35
12.J.5. CONSULTING SERVICES AMENDMENT 3 TO WORK ORDER No. 5 WITH POST,
BUCKLEY, SCHUH AND JERNIGAN, INC. (PBS&J) FOR PERMITTING, DESIGN AND
CONSTRUCTION SERVICES FOR THE WEST REGIONAL WASTEWATER TREATMENT
FACILITY EXPANSION UCP-2621........................................................................... 35
13. COUNTY ATTORNEY MATTERS...............................................................................................36
13.A. UPDATED UNCONDITIONAL OFFER FOR A PARCEL OF LAND ON THE CORNER OF
66TH AVENUE AND 57TH STREET OWNED BY STEVEN, WILLIAM, AND EVAN
ABAZIS, PARCELS 102 AND 401............................................................................. 36
13.13. NECESSITY OF TAKE RESOLUTION FOR A PARCEL OFPPROPERTY ON 66TH AVENUE
OWNED BY JOHN AND DEBRA MAROTTO, 5215 66TH AVENUE, VERO BEACH
PARCEL106.......................................................................................................... 37
7
August 18, 2009
14. COMMISSIONER ITEMS...............................................................................................................37
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE ............................... 37
14.13. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE ................ 37
14.C. COMMISSIONER GARY C. WHEELER.............................................................. 37
14.C.1. REQUEST FOR DISCUSSION - ONE -CENT OPTIONAL SALES TAX PURCHASES FOR
THE EMERGENCY SERVICES DISTRICT.................................................................... 38
14.D. COMMISSIONER PETER D. O'BRYAN.............................................................. 39
14.D.1. THE FOURTH ANNUAL DOLLARS FOR SCHOLARS KICKOFF CLASSIC ..................... 39
14.E. COMMISSIONER BOB SOLARI......................................................................... 39
14.E.1. CLARIFICATION OF 2 ISSUES INVOLVED WITH THE EMERGENCY SERVICES
DISTRICT AND FIRE HYDRANT MAINTENANCE / INSPECTION ................................... 39
14.E.2. SEARCH PROCEDURE FOR NEW COUNTY ATTORNEY ............................................ 40
15. SPECIAL DISTRICTS AND BOARDS.........................................................................................41
15.A. EMERGENCY SERVICES DISTRICT - NONE ...................................................... 41
15.13. SOLID WASTE DISPOSAL DISTRICT................................................................ 41
15.13.1.
APPROVAL OF MINUTES MEETING OF APRIL 14, 2009 ..........................................
41
15.13.2.
APPROVAL OF MINUTES MEETING OF APRIL 21, 2009 ..........................................
41
15.13.3.
APPROVAL OF MINUTES MEETING OF MAY 12, 2009 ............................................
41
15.13.4.
2009 PETITION HEARING SOLID WASTE DISPOSAL DISTRICT ASSESSMENT FEES ...
42
15.C. ENVIRONMENTAL CONTROL BOARD............................................................. 42
15.C.1. APPROVAL OF MINUTES MEETING OF MAY 5, 2009 .............................................. 42
15.C.2. QUARTERLY REPORT FOR THE 3RD QUARTER - FISCAL YEAR 2008-2009 FOR
SUBMISSION TO THE BOARD OF COUNTY COMMISSIONERS ..................................... 42
N.
August 18, 2009
16. ADJOURNMENT.............................................................................................................................42
August 18, 2009
JEFFREY K. BARTON
Clerk to the Board
August 18, 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, August 18, 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, Senior Assistant County Attorney Marian Fell, and
Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Kenneth Jones, Chaplain, VNA Hospice of Indian River County, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wheeler led the Pledge of Allegiance to the Flag.
1
August 18, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Davis requested the following changes to the Agenda:
DELETION: Item 8.T. Request to Approve Neighborhood Stabilazation
Program (NSP) Community Development Block Grant (CDBG)
Surveyor Selection Committee Ranking and Request for
Authorization to Execute Contracts with the Top Three Ranked
Surveyors (Request for Qualifications No. 2009048)
DELETION: Item 8.1313. Request for Approval of Contract Awards for
IRC Bid No. 2009047 Neighborhood Stabilization Program
(NSP) Community Development Block Grant (CDBG) Housing
Acquisition Services
DEFERRAL: Item 8.CC. Consideration of Treasure Coast Homeless
Services Council and Indian River County Housing Authority
Agreements for Neighborhood Stabilization Program (NSP)
Communily Development Block Grant (CDBG) Programmatic
Services
DELETION: Item 10.13.2. Request to Speak from Debbie Cross
Regarding Flooding of my Property Due to no Drainage
Fn sem ent
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously made
the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS - NONE
W
August 18, 2009
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF.%ULY 7, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of July 7, 2009. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Minutes of the Regular Meeting of July 7,
2009, as written.
6.B. REGULAR MEETING OF.%ULY14, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of July 14, 2009. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler the Board unanimously
approved the Minutes of the Regular Meeting of July 14,
2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
3
August 18, 2009
7 A. RESIGNATION OF MANUFACTURING APPOINTEE TO THE ECONOMIC
DEVELOPMENT COUNCIL (EDC)
Kevin Gould, Manufacturing Appointee to the Economic Development Council,
indicated that he would be resigning from the Economic Development Council, leaving a
vacancy on the Board.
7.B. PROOF OF PUBLICATION OF UNCLAIMED MONIES FOR CASH
BONDS DEPOSITED WITH THE CLERK OF THE CIRCUIT COURT
PRIOR TO JANUARY 1, 2008 (ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD)
7.C. SURVEYPROJECT PURCHASE ORDERS PROCESSED JUNE 9, 2009
THROUGHAUGUST 11, 2009
The following Purchase Orders were processed for survey requests to consulting firms
between June 9, 2009 and August 11, 2009, for $15,000 or less: (1) Rock Ridge Surge
Protection Project — Harmony Conservation Lands Mitigation Project, with Carter Associates,
Inc., and (2) CR512 Phase 4 Roadway Improvements Project, 102nd Terrace and 101St Avenue
re -alignments, with Masteller, Moler, Reed & Taylor, Inc.
7.D. RESIGNATION OF ELECTRICAL CONTRACTOR APPOINTEE TO THE
CONSTRUCTIONBOARD OFADJUSTMENTS & APPEALS
Leon Walton tendered his resignation effective July 31, 2009, thus leaving a vacancy on
the Board.
7.E. 2009 ELECTION OF SCHOOL PLANNING ELECTED OFFICIALS
OVERSIGHT COMMITTEE CHAIRMAN
The Board noted the election of Mayor Sabin Abell.
2
August 18, 2009
8. CONSENT AGENDA
Commissioner Solari requested to pull Item 8.J. for discussion.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved the
Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES, JULY 10, 2009 THRUJULY
16.2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of July 10, 2009 to July 16, 2009, as requested
in the memorandum of July 16, 2009.
8.B. APPROVAL OF WARRANTS AND WIRES, JULY 17, 2009 TO JULY23,
2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of July 17, 2009 to July 23, 2009, as requested
in the memorandum of July 23, 2009.
5
August 18, 2009
8.0 APPROVAL OF WARRANTS AND WIRES, JuLY24, 2009 THRUJULY
30, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of July 24, 2009 to July 30, 2009, as requested
in the memorandum of July 30, 2009.
8.D. APPROVAL OF WARRANTS AND WIRES, .IULY31, 2009 THRU
AUGUST 6, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of July 31, 2009 to August 6, 2009, as
requested in the memorandum of August 4, 2009.
8.E. HARMONYOAKSMITIGATIONPROJECT. APPROVAL OF
CONTRACTOR'S FINAL PAYREOUEST (INCLUDING RELEASE OF
RETAINAGE) FOR PART 2 OF THE CONTRACT
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
Oklawaha Farms, Inc.'s final payment request for Part 2 of
the Contract in the amount of $1,800, and authorized
release of the Part 2 retainage withheld from Oklawaha in
Con
August 18, 2009
the amount of $2,240, for a total payment of $4,040.00, as
recommended in the memorandum of August 10, 2009.
8.F. APPROVAL OF WORK ORDER NO. 5 -RR FOR THE ROCKRIDGE
SUBDIVISION SURGE PROTECTION PROJECT
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
Work Order No. 5 -RR with Malcolm Pirnie, Inc., and
authorized the Chairman to execute same, as
recommended in the memorandum of August 4, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. G. WABASSO BEACH PARK RESTORATION: WORK ORDER CT -3:
PROFESSIONAL ENGINEERING SERVICES FOR THE CONSTRUCTION
PHASE SITE OBSER VATION RELATIVE TO PERMIT AND CONTRACT
REQUIREMENTS; COASTAL TECHNOLOGY CORPORATION; FINAL
PAYMENT RELEASE OF RETAINA GES
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
invoices for final payment in the amount of $307.10, and
retainage in the amount of $3,412.20, to Coastal
Technology Corporation, for a total payment of $3,719.30,
as recommended in the memorandum of August 3, 2009.
7
August 18, 2009
8.H. RESOLUTIONREQUESTINGASSISTANCE FROMSTATE OF FLORIDA
BEACH EROSION CONTROL PROGRAM
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
Resolution 2009-119, requesting assistance from the State
of Florida Beach Erosion Control Program.
8. L RELEASE OF RETAINAGE - WORK ORDER #4, COASTAL
TECHNOLOGY CORPORATIONINC., UPLAND SAND SOURCE
EVALUATIONAND PERMITTING
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved the
release of retainage in the amount of $2,870.59, to Coastal
Technology Corporation, Inc. (CTC) as recommended in
the memorandum of July 23, 2009.
8. J. CONSIDERATION OF RESOL UTION SUPPORTING THE INCLUSION OF
THE INTERCITYRAIL COMPONENT OF THE FLORIDA EAST COAST
(FEC) CORRIDOR PROJECT AS PART OF FLORIDA'S ECONOMIC
STIMULUS PLAN
Commissioner Solari explained he would be voting against this item because he saw no
financial data behind it.
N.
August 18, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board by a vote of 4-1
(Commissioner Solari opposed), approved Resolution
2009-120, supporting the inclusion of the Amtrak/FEC
Corridor project (from Jacksonville to Miami) as part of
the Federal Economic stimulus package for the State of
Florida.
8.K APPROVALOFBIDAWARD FORIRCBIDNo. 2009046.16"REUSE
WATER MAIN EXT ALONG LAT G CANAL AND 16"REUSE WATER
MAIN 57TH ST To 53RD ST
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously: (1) approved
the bid award to Tri -Sure Corporation, as the lowest, most
responsive and responsible bidder, meeting the
specifications as set forth in the Invitation to Bid;
(2) approved the Sample Agreement; and (3) authorized
the Chairman to execute same, after the required
performance and payment bonds, along with the
appropriate certificate of insurance, have been received,
and once the County Attorney has approved the
Agreement as to form and legal sufficiency, as
recommended in the memorandum of July 29, 2009.
I
August 18, 2009
8.L. RATIFICATION OF DOCUMENTS EXECUTED BY THE COUNTY
ADMINISTRATOR OR DESIGNEE ON BEHALF OF THE BOARD OF
COUNTY COMMISSIONERS, UNDER AUTHORITY OF RESOL UTION
N0.2009-115, FROMJULY22, 2009 THROUGHAUGUSTI7, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved the
Addendum to the Solid Waste Disposal District Purchase
Contract re: ± 80 acre Streetman parcel: the due diligence
period was extended by 30 days to on or before September
10, 2009, to allow for additional soils testing, as
recommended in the memorandum of August 11, 2009.
8.M. CIVIL ENGINEERING AND LAND SURVEYINGAGREEMENT FOR
CR510 FROM CR512 TO 75TH COURT - AMENDMENT NO.5
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
Amendment No. 5 with Stanley Consultants, Inc., as
recommended in the memorandum of July 27, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
10
August 18, 2009
S.N. WABASSO BEACH PARK RESTORATION; PROJECT NO. 0822 BID
NumBER 2008070 CHANGE ORDER NO. 4: RECONCILIATION
CHANGE ORDER, ADDITIONAL WORK. TIME EXTENSIONS, AND 77x
AND FINAL PAYMENT, OCEAN GATE GENERAL CONTRACTORS, INC
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously: (1) approved
and authorized the Chairman to execute Change Order No.
4, authorizing the seventh and final payment to Ocean
Gate General Contractors, in the amount of $80,162.79;
and (2) approved payment of the $835.70 AT&T bill and
the $834.46 Indian River County Utility Department bill
from payments due the contractor, all as recommended in
the memorandum of July 22, 2009.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. APPROVAL OF BID A WARD FOR IRC BID NO.2009052 CORE -
ALIGNMENT FUSION SPLICER
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved the
bid award to The Fiber Optic Marketplace, LLC d/b/a
FiberOptic.com as the lowest most responsive and
responsible bidder, meeting the specifications as set forth
in the Invitation to Bid, as recommended in the
memorandum of July 22, 2009.
11
August 18, 2009
8.P. WORK ORDER DA -1 FOR PROFESSIONAL ARCHITECTURAL
SER VICES FOR WABASSOBEA CHPARK RESTORATIONDESIGN,
DONADIO AND ASSOCIATES. ARCHITECTS. PA, FINAL
PAYMENT/RELEASE OF RETAINA GES
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
final payment to Donadio and Associates, Architects, P.A.,
in the amount of $5,075.00 for release of retainage
remaining, as recommended in the memorandum of July
29, 2009.
8.Q. CONSIDERATION OF RESOL UTION SUPPORTING ELIMINATION OF
THE CAP ON THE STATE AND LOCAL HOUSING TRUST FUNDS
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
Resolution 2009-121, supporting elimination of the cap
on the State and Local Housing Trust Funds (Housing
Trust Funds) and supporting full appropriation of the
Housing Trust Funds for the Housing programs; and
providing for an effective date.
12
August 18, 2009
8.R. WORK ORDER NO. 22, (ENGINEERING/SURVEYING), CARTER
ASSOCIATES, INC., OLD DIXIE HIGHWAY, 69TH STREET TO CR510,
RIGHT -OF- WAY MAPPING (+/- 2 MILES)
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
Work Order No. 22 with Carter Associates, Inc., as
outlined in the Scope of Services; and authorized the
Chairman to execute same, as recommended in the
memorandum of July 17, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. CRF PANTHER IX, L.L. C Is REQUEST FOR FINAL PLAT APPROVAL
FOR A COMMERCIAL SUBDIVISION TO BE KNOWNAS CENTURY
TOWN CENTER
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously granted final
plat approval for Century Town Center commercial
subdivision, as recommended in the memorandum of
August 3, 2009.
8.T. REOUEST TO APPROVE NEIGHBORHOOD STABILIZATIONPROGRAH
(NSP) COMMUNITY DE VELOPMENT BLOCK GRANT (CDB G)
SURVEYOR SELECTION COMMITTEE RANKING AND REQUEST FOR
AUTHORIZATION TO EXECUTE CONTRACTS WITH THE TOP THREE
13
August 18, 2009
RANKED SURVEYORS (REQUEST FOR QUALIFICATIONS NO.
2009048)
DELETED
8.U. FEDERAL FISCAL YEAR 2009 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG)
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously: (1) approved
the Substance Abuse Council Advisory Board's
recommendations; and (2) authorized the Chairman to
execute the letter approving distribution of the funds to
M.A.C.E. and the Substance Abuse Council Drug Testing
Program, along with the grant applications and other
necessary related documents for submittal to the state prior
to the deadline of Friday, August 28, 2009, as requested in
the memorandum of August 10, 2009.
COPY OF LETTER & APPLICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.V. MISCELLANEOUS BUDGET AMENDMENT 019
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
Resolution 2009-122, amending the fiscal year 2008-2009
Budget.
14
August 18, 2009
8.W. MISCELLANEOUSBUDGETAMENDMENT020
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
Resolution 2009-123, amending the fiscal year 2008-2009
Budget.
8.X. MISCELLANEOUSBUDGETAMENDMENT 021, .JUVENILE CIVIL
CITATION PROGRAMS
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
Resolution 2009-124, amending the fiscal year 2008-2009
Budget.
8.Y. FINAL PAYMENT AND RETAINAGE RELEASE, ECOLOGICAL
ASSOCIATES INC., CONTRACT AMENDMENT NO.3
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved the
final invoice in the amount of $10,890.00; and retainage
release in the amount of $6,330.08 to Ecological
Associates, Inc. (EAI), as recommended in the
memorandum of August 5, 2009.
15
August 18, 2009
8.Z. RIGHT of WAYAcQU1simN— 66THAyENUE #03 70 6420 53RD
STREET, INTERSECTION TRANSITION THOMAS W. AND BARBARA J
LEWIS, OWNERS
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously: (1) approved
Alternative No. 1, the purchase of the parcel; and (2)
authorized the Chairman to execute the Purchase
Agreement with Thomas W. and Barbara J. Lewis, as
recommended in the memorandum of August 5, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.AA. REQUEST FOR A UTHORm noN FOR THE BOARD CHAIRMAN TO
SIGN DEPARTMENT OF COMMUNITYAFFAIRSIINDIANRIVER
CouNTYNEIGHBORHOOD STABILmTIONPROGRAM (NSP)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDB G) AGREEMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously: (1) approved
Resolution 2009-125, authorizing the Chairman to
execute the documents required for the County to enter
into a contract with the Florida Department of Community
Affairs for a FY 2009 Neighborhood Stabilization
Program, Community Development Block Grant and
authorizing the Community Development Director to
execute all documents required for the administration of
the Neighborhood Stabilization Program Community
Development Block Grant.
16
August 18, 2009
8.BB. REQUEST FOR APPROVAL OF CONTRACTA wARDs FOR IRC BID NO.
2009047NEIGHBORHOOD STABILIZATIONPROGRAM (NSP)
COMMUNITYDEVELOPMENT BLOCK GRANT (CDBG) HOUSING
ACQUISITIONSERVICES
DELETED
8. CC. CONSIDERATION OF TREASURE COAST HOMELESS SERVICES
COUNCIL AND INDIAN RIVER COUNTYHOUSING A UTHORITY
AGREEMENTS FOR NEIGHBORHOOD STABILIZATIONPROGRAM
(NSP) COMMUNITYDEVELOPMENT BLOCK GRANT (CDBG)
PROGRAMMATIC SERVICES
DELETED
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTYSHERIFF- COLLECTIVE
BARGAINING IMPASSE
Senior Assistant County Attorney Marian Fell announced that this item was withdrawn
by Sheriff Loar. She explained that Florida law allows a public employer or the Union to declare
a bargaining impasse in writing, whereby either party could seek mediation or a Special Master
to resolve disputed impasse issues. She also spoke about a third option of waving the Special
Magistrate in writing and agreeing to appear before the Legislative body (the Board). She said
that once that decision is made in writing by the parties, the Board is required by law to become
the decision maker. Attorney Fell reported that the third option was selected by the Union and
Sheriff and that it triggered two things: (1) the Board now becomes the decision makers, and (2)
the Commissioners are now in an insulated period (meaning they may not have ex parte
17
August 18, 2009
discussions with the Sheriff's office, employees of the Sheriff's office, or the Union) concerning
the merits of the positions of the parties at impasse. She explained the process and reminded the
Commissioners that they would be serving in a Quasi Judicial fashion to resolve the impasse in a
public meeting. Attorney Fell stated that the Sheriff and Union had agreed that instead of
presenting this matter today, it would be heard at a later date.
Commissioner Wheeler encouraged the Sheriff and Coastal Florida Police Benevolent
Association (CFPBA) to negotiate the disputed issues. He felt it best to use a Special Magistrate,
where this would be dealt with objectively by someone outside the County.
Commissioner O'Bryan also felt it appropriate to use the Special Magistrate. He
suggested setting a time certain, for a Special Call Meeting.
Discussion ensued among the Board regarding setting a time certain for the Special Call
meeting.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the scheduling of a Special Call Meeting on
Thursday, September 10, 2009, with a time to be
determined.
Attorney Fell clarified for the Vice Chairman that the parties at impasse are free during
the insulated period to continue discussions.
10. PUBLIC ITEMS
10.A. PUBLICHEARING
IN
August 18, 2009
10.A.1. RICHARD BIRD'S REQUEST TO REZONE f 1.7O ACRES FROMIL TO
CG (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating conveyed how this proposal would
change the zoning of ±1.70 acres from Light Industrial District (IL) to General Commercial
District (CG); and by using a PowerPoint Presentation, showed future land use designations,
concurrency of public facilities, consistency with the Comprehensive Plan, environmental
impacts, and compatibility with the surrounding area.
Director Keating confirmed for Commissioner O'Bryan that traffic counts from the
settlement with DiVosta were factored into the loading of trips on US 1 concurrency and that
there was still capacity for other projects to move forward.
The Chairman opened the Public Hearing. There were no speakers and the Chairman
closed the Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously adopted
Ordinance 2009-011, amending the Zoning Ordinance
and the accompanying Zoning Map for ± 1.70 acres
located at the northwest corner of 57th Street and U.S.
Highway 1 from IL, Light Industrial District, to CG,
General Commercial District; and providing codification,
severability, and effective date.
19
August 18, 2009
10.A.2. INDIANRIVER COUNTY'S REQUEST TO ABANDONA SEGMENT OF
86TH STREET BETWEEN CR510 AND 471HAVENUE AND A SEGMENT
OF 46THAVENUE BETWEEN 86TH PLACE AND CR510 IN WABASSO
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Planning Director Stan Boling recapped the Memorandum of August 3,
2009, used an aerial presentation to show the two right-of-way segments proposed to be
abandoned, and responded to questions from the Board.
The Chairman opened the Public Hearing.
Pat Mills 4655 87th Street, Wabasso, spoke in opposition to the abandonment segment of
86th Street between CR510 and 47th Avenue, and voiced concerns over neighborhood drainage,
increased traffic on her narrow road, and safety concerns associated with it.
Commissioner Wheeler acknowledged the drainage problems and hoped that when the
site plan is reviewed for development, staff would address the situation. He opposed the
abandonment of 86th Street because he felt it would be damaging to interconnectivity.
Discussion ensued regarding the safety of the angled intersections which connect to
CR510, its proposed widening project, and vacant properties that could be developed.
Commissioner Wheeler reiterated his position with interconnectivity and believed
intersections in residential and commercial areas help to slow down and calm traffic.
Commissioner Solari wanted to know if there was anything that could make 87th Street
more user-friendly for the neighborhood. Director Davis explained that when development starts
along 87th Street, the developer would be required to widen the road.
20
August 18, 2009
The Board suggested putting a yellow stripe down 87th Street, discussed solutions to slow
the traffic through the neighborhood, and voiced concerns over the acute angles on 86th Street
and 85th Place.
Commissioner O'Bryan did not want to abandon 86th Street now, for fear it would force
more traffic onto 87th Street.
Ken Kennedy, 1 Sailfish Road, agreed that 86th Street is a bad angle, felt sure it would
be cut off during the widening of CR510, and believed the drainage easement on the east side of
the property could handle the drainage issues.
Director Olson said that once the CR510 and US 1 improvement projects were completed
staff would be channelizing the turn movements to safe locations to take advantage of signals
and median openings. He pointed out that the consultants for the project and the Department of
Transportation believed 86th Street should be eliminated.
Commissioner Wheeler aired concerns over future road projects, the angles of the streets,
and lack of interconnectivity should 86th Street be closed.
William Wells, 8800 44th Avenue, wanted to know if 87th Street was scheduled to close.
Director Davis indicated that there was no short term plan to close 87th Street or to restrict
turning movements at Massey Road.
There was a brief discussion regarding safety issues and the angles of where 85th Place
and 86th Street connect to CR510.
Bob Bruce, 12396 North AIA, declared the 87th Street / CR510 intersection dangerous,
and believed this needed to be corrected.
There were no additional speakers, and the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to abandon a
21
August 18, 2009
segment of 46th Avenue, but not abandon a segment of 86th
Street.
Under discussion, and in response to Vice Chairman Flescher's query, Director Mora
explained that there was no traffic study on 86th Street, since it is a dirt road.
Vice Chairman Flescher felt the determination of abandonment was based on rough
judgment as opposed to true traffic counts, and without traffic counts he did not know how staff
could accurately determine which road is most utilized.
The Chairman CALLED THE QUESTION and by a vote
of 3-2 (Commissioners Davis and Solari opposed) the
Motion carried. The Board approved Resolution 2009-
126, as amended, to not abandon a segment of 86th Street
between CR510 and 47th Avenue; providing for the
closing, abandonment, vacation and discontinuance of a
segment of 46th Avenue (Sunrise Street) lying between
CR510 and 86th Place and lying east of and adjacent to
Block 8 Weona Park, and a segment of 86th Street (Palm
Blvd) lying between CR510 and 47th Avenue (Tropical
Avenue) adjacent to Blocks 8 and 9 of Weona Park, as
shown in Plat Book 2, Page 17 of the Public Records of
Indian River County, Florida, as described herein, said
land lying in Indian River County, Florida.
10.A.3. INDIANRIVER COUNTY'SREQUEST FORABANDONMENT OFAN
"EXCESS APPENDAGE" OF OLD DIXIE HIGHWAYRIGHT-OF-WAY
LYING .JUST NORTH OF 8TH STREET ON THE WEST SIDE OF OLD
DIXIE HIGHWAY (LEGISLATIVE)
22
August 18, 2009
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Boling pointed out that this request would abandon a small strip of property that
is approximately 3.93 feet in width by 32 feet in length, and that it comes off at an angle from
Old Dixie Highway. He informed the Board that the appendage is a right-of-way the County
owns, and that it is causing problems for the owner (at the northwest corner of Old Dixie and 81h
Street) because of the setbacks from rights-of-way and proposed development. He
recommended the Board abandon its rights to the subject right-of-way area.
Bruce Barkett, Esquire, 756 Beachland Boulevard, confirmed for Commissioner
O'Bryan that the Agreement had been signed by both parties.
The Chairman opened the Public Hearing. There were no speakers, and the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Resolution 2009-127, providing for the closing
abandonment, vacation and discontinuance of a right-of-
way projection lying west of Old Dixie Highway just
north of 8th Street, said land lying in Indian River County,
Florida.
10.A.4. PUBLIC HEARING TO AMEND PORTIONS OF CODE CHAPTER 201
COUNTY WATER AND SEWER; AND PUBLIC HEARING TO AMEND
PORTIONS OF THE UTILITIES RATE RESOL UTION MAKE
CONFORMING CHANGES (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
23
August 18, 2009
Attorney Fell announced that the first Public Hearing would amend portions of Chapter
201, the Water and Sewer Code of Indian River County, then outlined the amendments.
Commissioners Solari and Davis voiced their support to the Ordinance amendments.
The Chairman opened the Public Hearing.
Peter Robinson, 315 Greytwig Road, clarified and commented on the change in
terminology from "capacity charge" to "impact fee".
There were no additional speakers, and the Chairman closed the Public Hearing.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously adopted
Ordinance 2009-012, amending Chapter 201 (County
water and sewer services) of the Code of Ordinances of
Indian River County, Florida; providing for use of the
term "service availability charge" in place of the term
"base facility charge" in all parts of Chapter 201,
providing for the use of the term "impact fee" in place of
the term "capacity charge" in all parts of Chapter 201,
providing a savings clause for use of the new terms;
amending Section 201.01 to add a definition of "base bill"
and "rate resolution"; amending Section 201.05 to clarify
the existing text; amending certain subsections of 201.08
to clarify existing text, to amend the subsection on
customer deposits, to delete the provisions on annual fire
protection charges, and to amend the billing notice
provisions; amending portions Section 201.22 concerning
application of deposits; providing for repeal of other
24
August 18, 2009
conflicting ordinances; providing for severability;
providing for inclusion in the code of Indian River
County; providing for filing with the Department of State;
and providing for an effective date.
Attorney Fell announced that this, the second Public Hearing, would change the Utilities
Rate Resolution. This change would amend the nomenclature from "base facility charge" to
"service availability charge", and it would delete the Fire Protection charge.
The Chairman opened the Public Hearing. There were no speakers, and the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Davis, the Board unanimously approved
Resolution 2009-129, amending the Rate Resolution.
The Chairman called a break at 10:21 a.m., and reconvened the meeting at 10:30 a.m.,
with all members present.
10.B. PUBLICDISCUSSIONITEMS
1O.B.1. REQUEST TO SPEAK FROMKENNETHB. MCKELLAR REGARDING
31ST AVE AT 49TH ST. . fi1 ACRE LAND. GIFFORD. WHICH % IS
IMPROVED
Samuel Block, Esquire, representing Kenneth McKellar who resides at 125 Ocean Way,
recalled an agreement that Mr. McKellar and the County had made regarding the purchase of .61
acre of property north of 49th Street. He explained that Mr. McKellar had sold the County
approximately 34 acres in 2005. However, a strip of property about 13 feet wide by 1,000 feet
long was inadvertently excluded from the County purchase. Mr. Block said negotiations took
place for the parcel in June of 2008, and in March 2009 Mr. McKellar received a purchase
25
August 18, 2009
contract from the County Attorney's Office for $34,200. Mr. McKellar had signed the contract,
but within 30 days he was informed that the County had decided to take his property under the
Maintenance Map. He voiced concerns over the time frame, asked the Board to discuss this
situation with staff, be fair to Mr. McKellar, and approve the contract for $34,200.
Commissioner Wheeler agreed with Attorney Block, and confirmed the information to be
accurate based on earlier conversations he had with Mr. McKellar and Deputy County Attorney
William DeBraal. He felt this was an oversight in the fact that the County gave him a contract to
approve and sign, then after he signed it, the County backed out of the deal. He felt purchasing
the property would be the right thing to do.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman Davis, to purchase the .61 acre
parcel from Mr. McKellar for $34,200.
There was a brief discussion as to whether this item should be placed on the Agenda
under Public Discussion Items.
Discussion ensued by Assistant County Administrator Michael Zito who provided
additional information regarding this matter.
County Administrator Joseph Baird told the Board that the appraisal had shown the
property to have access from frontage along 31St Avenue, but not 49th Street.
Discussion ensued among the Board regarding the intentions and the agreement with Mr.
McKellar when the County originally purchased 34 acres of property, and whether to use the
Maintenance Map, or pay Mr. McKellar for the disputed parcel.
Sam Block told the Board that the 2005 appraisal was based on a "per acre" purchase
price, and that the .61 acre parcel exclusion was not discovered until later, when they realized
there were errors in the survey.
26
August 18, 2009
The Board continued to seek clarification and voice their concerns regarding the property
in dispute.
Although Commissioners Wheeler and Davis wanted to approve the contract,
Administrator Baird advised the Board to wait until staff could bring it back for approval.
Peter Robinson, Vice President of Laurel Homes, believed it would be in the County's
best interest to deal fairly with all landowners, and to honor the $34,200 contract with Mr.
McKellar.
The Chairman CALLED THE QUESTION and by a vote
of 2-3 (Commissioners O'Bryan, Solari, and Flescher
opposed), the MOTION FAILED.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Solari, for staff to bring
the contract back to the Board at the September 8, 2009
Board of County Commission Meeting.
Responding to the Board, Attorney DeBraal confirmed the contract dollar amount was
$34,200, and that the contract had not been signed by anyone at the County, only Mr. and Mrs.
McKellar.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
10.B.2. REQUEST TO SPEAKFROMDEBBIE CROSS REGARDING FLOODING
OFMYPROPERTYDUE TO NO DRAINAGE EASEMENT
27
August 18, 2009
DELETED
10.0 PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT
12.A.1. CONSIDERATIONOFAGRICIILTUREADVISORY COMMITTEE'S
RECOMMENDATIONS
Community Development Director Bob Keating stated that Mr. Clay Henderson (an
attorney, former Volusia County Commissioner, and well-known conservationist) spoke at the
Agriculture Advisory Committee's (AAC) April 23, 2009 meeting; presenting issues and tools to
preserve agriculture, protect rural development, and protect environmental resources. After the
presentation, the AAC concurred with Mr. Henderson's ideas and voted unanimously to
recommend the Board of County Commission hold a workshop or public meeting to discuss the
strategies and tools that were presented. Director Keating acknowledged that staff agreed with
the AAC, and believed this would be an opportunity to use another mechanism in the Evaluation
and Appraisal Report (EAR) process, instead of having separate workshops and/or public
meetings.
Chairman Davis clarified that the forum would not be a stand-alone workshop for the
AAC to forward recommendations; it would be part of the workshop to codify the results into the
EAR for the Comprehensive Plan.
Robert Adair, Agriculture Advisory Committee Vice Chairman, voiced concerns over
the County's increased "crop inputs" of energy, fuel, fertilizers, potassium potash, pesticides,
labor prices, homeland security/migrant labor, the decreases in crop prices for orange juice,
August 18, 2009
limitations on water quality, canker, the greening disease outlook, the recession and how it
affects the grower's cash reserves — all creating a "perfect storm." He believed this was the time
to plan and review the conservation easements, corridors, hamlets, new towns, and the
implementation of an ad-hoc committee, which would include the Agriculture Advisory
Committee, Planning and Development, two or three major property owners, Planning and
Zoning, Land Trust, Indian River Citrus League, one or more Board of County Commissioners,
and the Cattlemen's Association. He thereafter wanted the committee to meet with Mr.
Henderson, and possibly Dr. James Nicholas from the University of Florida.
Mr. Adair announced that the Soil and Water Conservation District (SWCD) was
planning to offer a Forum on Friday, November 20th, at the Richardson Center, to discuss
agriculture industry in the County. He asked for the Board's endorsement of his ideas and to
wait until the November 20th Forum to assemble and institute the ad-hoc committee.
Chairman Davis emphasized that everything should be in writing, and made part of the
Comprehensive Plan.
Commissioner Wheeler liked the idea of having the ad-hoc committee meet before the
workshop.
Director Keating hoped that by the end of September or October, the workshops and
committee meetings would start, and that it would be best to use the AAC as the nucleus, and
invite the groups that Mr. Adair suggested, along with Mr. Henderson.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized staff to move forward with creating an ad-hoc
committee and workshop, with a timeframe of November
20, 2009, to incorporate the proposed agricultural
protection strategies into the Evaluation and Appraisal
Report (EAR).
29
August 18, 2009
12.A.2. CONSIDERATION OF EXTENSION OF TEMPORARY SUSPENSION OF
IMPACT FEES
Director Keating recapped the Memorandum of July 31, 2009, recalling that on March
24, 2009, the Board adopted an ordinance that suspended the collection of five impact fees from
April 1St until September 30th. He said the temporary suspension would expire on September
30th, 2009, and that the Board needs to make a determination whether to proceed with an
extension. Staff recommended extending the temporary suspension for another six months, and
if approved today, a Public Hearing would be scheduled for a September meeting, before the
expiration date.
Commissioner Solari did not believe impact fees were the proper way to promote or not
promote growth.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board, by a 4-1 vote
(Commissioner Solari opposed), directed staff to advertise
for a Public Hearing to amend the temporary suspension
of the Impact Fees Ordinance for another six months, until
March 31, 2010, as recommended in the memorandum of
July 31, 2009.
12.A.3. CONSIDERATION OF 2009 IMPACT FEE UPDATE REPORT
Director Keating reviewed the August 11, 2009 Memorandum, and through a Power
Point presentation, briefed the Board on the history, traffic impact fee formula, impact fee rate
schedule, and 2009 Impact Fee Report spreadsheet.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner O'Bryan, to approve the
30
August 18, 2009
2009 Impact Fee Update Report, and to direct staff to
advertise for a Public Hearing to amend Title X, Impact
Fees, of the Indian River County Code to adopt the 2009
Impact Fee Update Report Rate Schedule.
Commissioner Wheeler wanted to know if this was the Impact Fee Report that was
rejected earlier. Director Keating clarified that it was, and explained the difference between the
two.
Rene Renzi, Waverly Place, questioned the financials for the plan.
Bob Johnson, Coral Wind Subdivision, wanted to see a presentation regarding the
proposal that was recommended by a National Commission to tax individuals based on mileage
versus peak hours at the Public Hearing.
Nancy Offutt of the Treasure Coast Builders Association (TCBA), complimented staff
for their efforts in providing accurate numbers, consistent methodology, and current data.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved the
2009 Impact Fee Update Report, and directed staff to
advertise for a Public Hearing to amend Title X, Impact
Fees, of the Indian River County Code to adopt the 2009
Impact Fee Update Report Rate Schedule, as
recommended in the memorandum of August 11, 2009.
The Chairman called a break at 11:48 a.m., and reconvened the meeting at 11:54 a.m.,
with all members present.
12.A.4. CONSIDERATION OF PROPOSED CHANGES TO SIDEWALK
REQUIREMENTS
31
August 18, 2009
Director Boling recapped his Memorandum dated August 11, 2009, and asked the Board
to consider the proposed changes to the sidewalk requirements, provide input on the revisions to
the draft, and direct staff to prepare an Emergency Ordinance for adoption at the September 8,
2009 Board of County Commission Meeting.
Staff responded to Board questions regarding internal sidewalks.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Davis, to direct staff to:
(1) make necessary revisions to the draft changes that the
Board feels necessary, and (2) coordinate with the County
Attorney to draft an emergency Ordinance for adoption at
the September 8, 2009 Board of County Commission
Meeting.
Commissioner O'Bryan thanked the individuals involved in the project, and felt the 90%
rule was a fair compromise.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed staff to:
(1) make necessary revisions to the draft changes that the
Board feels necessary, and (2) coordinate with the County
Attorney to draft an emergency Ordinance for adoption at
the September 8, 2009 Board of County Commission
Meeting, as recommended in the memorandum of August
11, 2009.
12.B. EMERGENCYSER VICES -NONE
32
August 18, 2009
12. C. GENERAL SERVICES - NoNE
12.D. HUMANRESOURCES-NONE
12.E. HUMANSER VICES -NONE
12.F. LEISURE SERVICES -NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET- NONE
12.IL RECREATION- NONE
12.L PUBLIC WORKS- NONE
12.J. UTILITIES SERVICES
12.11. CAMP DRESSER & MCKEE WORK ORDER NO. 15 - LIFT STATION
PRECIPITATION STUDY
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Work order No. 15 with Camp Dresser &
McKee in the amount of $12,800.00, and authorized the
Chairman to execute same, as recommended in the
memorandum of August 6, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
33
August 18, 2009
12.12. SOUTH COUNTYREVERSE OSMOSIS WATER TREATMENT PLANT,
PROFESSIONAL SERVICES BYKIMLEY-HORN & ASSOCIATES, INC.
(KHA) FOR RENOVATION OFAIR CONDITIONER SYSTEMAT SOUTH
COUNTYR0 FACILITY- WORK ORDER NO. 14 AMENDMENT NO. 3
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously approved
Amendment 3 to Work Order No. 14 to Kimley-Horn &
Associates, Inc. in the amount of $6,900 — not to exceed,
for professional services related to renovations of the
south RO Plant Air Conditioning system, and authorized
the Chairman to execute Amendment 3 to Work Order No.
14, as recommended in the memorandum of July 21, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.13. WORK ORDER NO. 13 WITH CDM- DESIGN. PERMITTING
BIDDING AND CONSTRUCTIONSER VICES FOR CONSTRUCTION OF
WELL NO. 7 A T THE SOUTH COUNTYR.0. FACILITY
Commissioner O'Bryan questioned the engineering fee. Capital Projects Manager
Michael Hotchkiss explained the variance, and confirmed that the fee included the construction,
bidding, probating services, and design.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously: (1)
34
August 18, 2009
approved Work Order No. 13 with Camp Dresser and
McKee, Inc. (CDM); (2) approved design fees in the
amount not to exceed $172,330.00; (3) and authorized the
Chairman to execute same, as recommended in the
memorandum of July 31, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J4. UTILITY CONSTR UCTION STANDARDS JULY 2009 - UCP 3110
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the adoption of the revised Water and
Wastewater Utility Standards — May 2009, as
recommended in the memorandum of July 8, 2009.
12.J.5. CONSULTINGSERVICESAMENDMENT 3 TO WORK ORDER NO. S
WITH POST, B UCKLEY, SCHUH AND JERNIGAN, INC. (PBS&J) FOR
PERMITTING, DESIGNAND CONSTRUCTION SERVICES FOR THE
WEST REGIONAL WASTEWATER TREATMENT FACILITYEXPANSION
UCP -2621
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Amendment 3 to Work Order No. 5 with Post,
Buckley, Schuh and Jernigan, Inc., in the amount of
$37,128 for additional work associated with the West
Regional Wastewater Treatment Facility operating permit
35
August 18, 2009
renewal, and authorized the Chairman to execute same, as
recommended in the memorandum of July 27, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. UPDATED UNCONDITIONAL OFFER FOR A PARCEL OF LAND ON THE
CORNER OF 66THAVENUE AND 57TH STREET OWNED BYSTEVEN,
WILLIAM, AND EVANABAZIS, PARCELS 102 AND 401
Deputy County Attorney William DeBraal informed the Board that the County requires
approximately 6.2 acres of property from the Abazis family (Parcel 102 - a 4 acre right-of-way
that runs along 66th Avenue, and Parcel 401 - a 2.2 acre pond site located at the corner of 57th
Street and 66th Avenue). He reported that a recent appraisal was conducted, unconditional offers
were extended, and that there was no response back.
To Commissioner Solari's query, Attorney DeBraal conveyed that the most recent
appraisal was from July, 2009.
ON MOTION by Commissioner O'Bryan , SECONDED
by Chairman Davis, the Board unanimously approved an
unconditional offer to purchase the necessary right-of-way
and pond site property from the Abazis' at a price of
$402,500, and an unconditional offer to purchase of the
entire parcel for $560,740, as recommended in the
memorandum of August 4, 2009.
36
August 18, 2009
13.B. NECESSITY OF TAKE RESOLUTION FOR A PARCEL OFPPROPERTY ON
66THAVENUE OWNED BYJOHNAND DEBRA MAROTTO, 5215 66TH
AVENUE, VERO BEACH PARCEL 106
Attorney DeBraal pointed out that this Necessity of Take Resolution consisted of a two
acre parcel and a concrete 1,934 square foot block house. He mentioned that the right-of-way
line would come about five feet from the Marotto's front door, rendering the house economically
nonviable. He reminded the Board that a Public Hearing is not required for a Resolution of
Necessity, and clarified staff's recommendation.
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously approved
Resolution 2009-128, 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.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEYS. DA VIS, CHAIRMAN -NONE
14.B. COMMISSIONER JOSEPHE. FLESCHER, VICE CHAIRMAN
- NONE
14. C. COMMISSIONER GARY C. WHEELER
37
August 18, 2009
14. C 1. REQUEST FOR DISCUSSION - ONE -CENT OPTIONAL SALES TAX
PURCHASES FOR THE EMERGENCYSERVICES DISTRICT
Commissioner Wheeler voiced his concern over the purchase of fire equipment for the
Emergency Services District, which applies to the entire County, with the exception of Indian
River Shores. He said the unincorporated area paid their share but the Municipalities did not
because the County had not asked them to. He wanted the Municipalities to pay their share since
this comes from the one -cent optional sales tax.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Solari, under discussion,
to discontinue the current practice and ensure that future
accounting is fair and accurate, by either requesting the
Municipalities to participate with the one -cent sales tax to
buy equipment or by adding it to the millage rate of the
Fire District so everyone who receives service from the
Emergency Services District pays equally.
Discussion ensued among the Board regarding the transfer of funds, the impact on
taxpayers, all Municipalities contributing equally for equal services, and setting an "all -or -none"
policy for the funding to come out of the one -cent optional sales tax.
Commissioner Wheeler AMENDED HIS MOTION,
SECONDED by Commissioner Solari, to not use one -cent
Optional Sales Tax to purchase equipment for the
Emergency Services District unless all four Municipalities
participate.
August 18, 2009
Administrator Baird clarified that all the items over the past five years were not used for
fire trucks, but for infrastructure, due to the hurricanes.
Management and Budget Director Jason Brown pointed out that expenses moving
forward would not be as high, and that the past five years' expenses were inordinate due to the
hurricanes.
Chairman Davis summarized, saying the sales tax dollars would be taken out for the
2008/2009 fiscal year, and in moving forward, if all the Municipalities do not participate with
Optional Sales Tax then the millage rate would reflect it in the Emergency Services District.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
14.D. COMMISSIONER PETER D. O'BRYAN
14.D.1. THE FOURTHANNUAL DOLLARS FOR SCHOLARS KICKOFF
CLASSIC
Commissioner O'Bryan announced that the fourth annual Dollars for Scholars Kickoff
Classic between Vero Beach and Sebastian River High Schools would be held on Friday, August
28, 2009 at 7:30 p.m., at Shark Stadium. Chairman Davis provided the details of the Dollars for
Scholars Barbeque.
14.E. COMMISSIONER BOB SOLARI
14.E.1. CLARIFICATION OF 2 ISSUES INVOLVED WITH THE EMERGENCY
SERVICES DISTRICT AND FIRE HYDRANT MAINTENANCE/
INSPECTION
39
August 18, 2009
Commissioner Solari requested the Board accept the recommendation of County
Attorney Collins — to notify Fellsmere and Vero Beach that the inspection and maintenance of
hydrants and water systems are now their responsibility according to State law, and that the
County would no longer honor their invoices for attempting to charge the County Emergency
Services District for fire hydrant inspections or fire flow annual charges.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Wheeler, the Board unanimously directed
staff to notify Fellsmere and Vero Beach that the
inspection and maintenance of hydrants and water systems
which they own are their responsibility, and that, based on
Florida Statute Section 633.082(3), Indian River County
will no longer honor invoices attempting to charge the
County Emergency Services District for fire hydrant
inspections or fire flow annual charges, as recommended
in the memorandum of August 18, 2009.
14.E.2. SEARCH PROCEDURE FOR NEW COUNTYATTORNEY
Commissioner Solari recalled that in March, Attorney Collins had confirmed his intention
to retire and felt the replacement process should begin no later than August or September, 2009.
Commissioner Solari referenced his Memorandum (page 430 in the Backup) for possible
thoughts for discussion, and felt it would be helpful for the County Attorney and County
Administrator to address these and any other Commissioner's thoughts. He suggested staff make
a presentation to the Board regarding the best process for moving forward.
.O
August 18, 2009
There was a brief discussion regarding whether this position should be contracted.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the County Administrator and County Attorney to address
issues from the Board at the September 15, 2009 Board of
County Commission Meeting before starting the
replacement search process for the County Attorney, as
recommended in the memorandum of August 10, 2009.
Senior Assistant County Attorney Marian Fell informed the Board that County Attorney
Collins would be reviewing the memorandum, and that, while on vacation, he would be working
on the items set forth in the memorandum, in preparation for the meeting.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCYSER VICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Board of County
Commission Meeting, the Board would reconvene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared separately.
15. B.1. APPROVAL OF MINUTES MEETING OF APRIL 14, 2009
15.B.2. APPROVAL OF MINUTES MEETING OF APRIL 21, 2009
15.B.3. APPROVAL OF MINUTES MEETING OF MAY 12, 2009
41
August 18, 2009
15.B.4. 2009 PETITIONHEARING SOLID WASTE DISPOSAL DISTRICT
ASSESSMENT FEES
15.0 ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately.
1 S. C I. APPROVAL OF MINUTES MEETING OF MAY S. 2009
15.C.2. QUARTERLYREPORT FOR THE 3RD QUARTER - FISCAL YEAR 2008-
2009 FOR SUBMISSION TO THE BOARD OF COUNTY COMMISSIONERS
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 12:28
p.m.
ATTEST:
42
August 18, 2009
Jeffrey K. Barton, Clerk
OCT 0 6 2009
Minutes Approved:
BCC/LAA/2009Minutes
August 18, 2009
Wesley S. Davis, Chairman
43