HomeMy WebLinkAbout09/15/2009 (4)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 15, 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 12.J.1. EMERGENCY ITEM REQUESTED BY CHAIRMAN DAVIS TO
DISCUSS CONSOLIDATION OF WATER AND SEWAGE SERVICES .................................. 2
5. PROCLAMATIONS AND PRESENTATIONS..............................................................................2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 14 - 18, 2009, AS
INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY, FLORIDA ...................... 2
5.13. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER AS
SICKLE CELL AWARENESS MONTH.......................................................................... 2
1
September 15, 2009
5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER
2009 AS WORKFORCE DEVELOPMENT MONTH IN INDIAN RIVER COUNTY,
FLORIDA................................................................................................................. 3
6. APPROVAL OF MINUTES - NONE...............................................................................................3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE................................................................................................................3
8. CONSENT AGENDA........................................................................................................................3
8.A. APPROVAL OF WARRANTS AND WIRES, AUGUST 28, 2009 THRU SEPTEMBER 3,
2009....................................................................................................................... 4
8.13. BANKING AND LOCKBOX SERVICES CONTRACTS TO BE AWARDED ........................... 4
8.C. CENSUS 2010 - COMPLETE COUNT COMMITTEE (CCC) ............................................. 5
8.D. PROPERTY ACQUISITION - TAX ROLL REMOVAL & TAX CANCELLATION,
PROPERTIES ACQUIRED BY INDIAN RIVER COUNTY AND INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT BETWEEN JULY 10, 2009 AND SEPTEMBER 3,
2009....................................................................................................................... 5
8.E. APPROVAL OF STATE AND FEDERALLY FUNDED SUBGRANT AGREEMENT -
CONTRACT NUMBER 10-BG-25-10-40-01................................................................. 8
8.17. MISCELLANEOUS BUDGET AMENDMENT 023............................................................ 8
8.G. PUMP STATION No. 2058 UPGRADES, UCP NO. 2784, FINAL PAYMENT TO
CONTRACTOR AND RELEASE OF RETAINAGE, W.I.P. NO 472-169000-09503, BID
NUMBER2008063................................................................................................... 9
8.14. 16" FORCE MAIN RELOCATION ON USI AT SOUTH RELIEF CANAL, UCP No.
2952, FINAL PAYMENT TO SHELTRA AND SONS CONSTRUCTION CO., INC. AND
RELEASE OF RETAINAGE, W.I.P. No. 471-23536-044699-07522 ............................... 9
September 15, 2009
8.I. AGREEMENT WITH KEN AND LAURA MCKELLER TO PURCHASE A PORTION OF
31sT AVENUE........................................................................................................ 10
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE .................10
10. PUBLIC ITEMS................................................................................................................................10
10.A. PUBLIC HEARING.............................................................................................. 10
10.A.1. EMERGENCY ORDINANCE GRANTING TEMPORARY USE PERMIT, CDS
MANUFACTURING FOR A TEMPORARY INDUSTRIAL SITE (LEGISLATIVE) ................ 10
10.13. PUBLIC DISCUSSION ITEMS -NONE ................................................................. 13
10.C. PUBLIC NOTICE ITEMS..................................................................................... 13
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING ................................................. 13
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING ................................................. 14
11. COUNTY ADMINISTRATOR MATTERS - NONE....................................................................14
12. DEPARTMENTAL MATTERS......................................................................................................14
12.A.
COMMUNITY DEVELOPMENT..........................................................................
14
12.A.1.
OCUCUE LLC'S REQUEST FOR A LOCAL JOBS GRANT ..........................................
14
12.13.
EMERGENCY SERVICES - NONE........................................................................
15
12.C.
GENERAL SERVICES - NONE.............................................................................
15
12.D.
HUMAN RESOURCES - NONE.............................................................................
15
12.E.
HUMAN SERVICES - NONE.................................................................................
16
12.F.
LEISURE SERVICES - NONE...............................................................................
16
12.G.
OFFICE OF MANAGEMENT AND BUDGET - NONE ...........................................
16
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September 15, 2009
12.H. RECREATION -NONE ......................................................................................... 16
12.I. PUBLIC WORKS - NONE..................................................................................... 16
12.J. UTILITIES SERVICES......................................................................................... 16
12.J.1. INDIAN RIVER COUNTY UTILITY ADVISORY COMMITTEE (UAC)
RECOMMENDATION FOR INDIAN RIVER COUNTY COMMISSION AND CITY WATER
AND SEWER SERVICE............................................................................................ 16
13. COUNTY ATTORNEY MATTERS...............................................................................................18
13.A. SEARCH FOR NEW COUNTY ATTORNEY.................................................................. 18
13.13. STIPULATION CONCERNING EXTENDED POSSESSION FOR 65TH AVENUE PROPERTY
OWNERS WILLIAM BETHEL, CHARLENE BROWN, RUTH AND WILLIAM
STANBRIDGE......................................................................................................... 20
14. COMMISSIONER ITEMS...............................................................................................................20
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE ............................... 21
14.13. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE ................ 21
14.C. COMMISSIONER GARY C. WHEELER.............................................................. 21
14.0.1. DISCUSSION ON COUNTY -WIDE POLICY FOR DEALING WITH EMPLOYEES
CHARGEDWITH A DUI.......................................................................................... 21
14.D. COMMISSIONER PETER D. O'BRYAN - NONE ................................................... 21
14.E. COMMISSIONER BOB SOLARI......................................................................... 21
14.E.1. DRIVING UNDER THE INFLUENCE........................................................................ 21
15. SPECIAL DISTRICTS AND BOARDS.........................................................................................26
15.A. EMERGENCY SERVICES DISTRICT.................................................................. 26
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September 15, 2009
15.A.1. INVITATION FROM JOHN'S ISLAND GOLF CLUB FOR STAFF TO PARTICIPATE INA
"PUBLIC SAFETY DAY" GOLF OUTING................................................................... 26
15.A.2. EMERGENCY SERVICES STATION 9 DEDUCTIVE CHANGE ORDER NO. 2 ................. 26
15.13. SOLID WASTE DISPOSAL DISTRICT................................................................ 26
15.13.1. APPROVAL OF MINUTES SWDD BUDGET - PUBLIC HEARING OF JULY 23, 2009 .... 26
15.13.2. AUTHORIZATION TO FLORIDA POWER & LIGHT TO CONVERT OVERHEAD LINES
TO UNDERGROUND LINES AT THE ENTRANCE TO THE YARD WASTE FACILITY ON
THE LANDFILL PROPERTY...................................................................................... 27
15.13.3. WORK ORDER NO. 12 - FINAL PAY TO GEOSYNTEC CONSULTANTS, INC. FOR
REMEDIAL ACTION PLAN MODIFICATION IMPLEMENTATION FOR THE FORMER
SOUTH GIFFORD ROAD LANDFILL.......................................................................... 27
15.13.4. CHANGE ORDER NO. 1 TO BARTH CONSTRUCTION, INC. RELATED TO THE
EXPANSION OF THE FELLSMERE CUSTOMER CONVENIENCE CENTER ....................... 27
15.13.5. AMENDMENT NO. 2 TO WORK ORDER NO. 1 TO BROWN AND CALDWELL FOR
ENGINEERING SERVICES RELATED TO THE EXPANSION OF THE FELLSMERE
CUSTOMER CONVENIENCE CENTER........................................................................ 27
15.C. ENVIRONMENTAL CONTROL BOARD - NONE ................................................. 27
16. ADJOURNMENT.............................................................................................................................28
E
September 15, 2009
JEFFREY K. BARTON
Clerk to the Board
gyp.
September 15, 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, September 15, 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 11, and Deputy
Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Senior Pastor Greg Sempsrott, First Church of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner O'Bryan led the Pledge of Allegiance to the Flag.
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September 15, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
ADDITION.' ITEMI2.J.1. EMERGENCYITEMREQUESTED BYCHAIRMANDAvis
To DISCUSS CONSOLIDATION of WATER AND SEWAGE SERVICES
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the above change to the
Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION of PROCLAMATION DESIGNATING SEPTEMBER 14 -18,
2009, ASINDUSTRYAPPRECIATION WEEKININDIANRIVER COUNTY,
FLoRiDA
Commissioner O'Bryan read and presented the Proclamation to Linda Gonzales, Chair of
the Economic Development Council and the Economic Development Division, and Helene
Caseltine, Economic Development Council Officer.
S.B. PRESENTATION of PROCLAMATIONDESIGNATING THE MONTH of
SEPTEMBER AS SICKLE CELL AWARENESS MONTH
Commissioner Wheeler read and presented the Proclamation to Michael Hall on behalf of
the Sickle Cell Foundation of Palm Beach County and the Treasure Coast.
September 15, 2009
S.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
SEPTEMBER 2009 AS WORKFORCE DEVELOPMENT MONTH IN INDIAN
RIVER COUNTY, FLORIDA
Vice Chairman Flescher read and presented the Proclamation to Gwenda Thompson on
behalf of the Board of Directors for Workforce Solutions, the Workforce Solutions staff, and all
their counterparts around the state. She thanked the Board for the Proclamation, for recognizing
the importance of Workforce Solutions to Florida's economy, and their proactive stance toward
job creation. She thereafter explained the specifics of Workforce Solutions, introduced her staff,
and acknowledged the new center located at 1880 82"d Avenue, Suite 102, in Vero Beach.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the Consent Agenda, as
presented.
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September 15, 2009
8.A. APPROVAL OF WARRANTS AND WIRES. AUGUST 28. 2009 THRU
,SEPTEMBER 3. 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
August 28, 2009 to September 3, 2009, as requested
in the memorandum of September 3, 2009.
8.B. BANKING AND LOCKBOX SERVICES CONTRACTS TO BEA WARDED
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved to award the banking services
contract to Wachovia Bank, N.A., and awarding the
lockbox services contract to Regions Bank, with each
contract to have an initial term of three years and an
option to renew for two additional terms of two years
each; upon Board approval of staff's
recommendation, staff will work with the County
Attorney's office and bring back the contracts for
approval by the Board at a later date, as
recommended in the memorandum of September 4,
2009.
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September 15, 2009
8.0 CENSUS 2010 - COMPLETE COUNT COMMITTEE (CCC)
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the appointments to the
Census Complete Count Committee, as recommended
in the memorandum of August 31, 2009.
8.D. PROPER TYACQUISITION- TAX ROLL REMOVAL & TAX CANCELLATION.
PROPERTIESACQUIRED BYINDIANRIVER COUNTYAND INDIANRIVER
COUNTY SOLID WASTE DISPOSAL DISTRICT BETWEEN JULY 10, 2009 AND
SEPTEMBER 3.2009
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-132,
canceling taxes upon publicly owned lands, pursuant
to Section 196.28, Florida Statutes. (Oslo Road —
Beale Holdings, Inc)
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-133,
canceling taxes upon publicly owned lands, pursuant
to Section 196.28, Florida Statutes. (49th Street166`h
Avenue — Richard Gallagher, Jr.)
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September 15, 2009
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-134,
canceling taxes upon publicly owned lands, pursuant
to Section 196.28, Florida Statutes. (26`h Street —
Stephen M. Bailey Trust)
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-135,
canceling taxes upon publicly owned lands, pursuant
to Section 196.28, Florida Statutes. (41' Street —
Kenneth Chesnut)
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-136,
canceling taxes upon publicly owned lands, pursuant
to Section 196.28, Florida Statutes. (66`h Avenue
(Michael and Taffi AN)
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-137,
canceling taxes upon publicly owned lands, pursuant
to Section 196.28, Florida Statutes. (66`h Avenue —
Gary D. Brown Trust)
Con
September 15, 2009
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-138,
canceling taxes upon publicly owned lands, pursuant
to Section 196.28, Florida Statutes. (85th Street —
David Godwin)
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-139,
canceling taxes upon publicly owned lands, pursuant
to Section 196.28, Florida Statutes. (85th Street —
David Godwin)
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-140,
canceling taxes upon publicly owned lands, pursuant
to Section 196.28, Florida Statutes. (Landfill —
George Tuerk, George Streetman, Sandra Streetman,
Kevin Streetman, Shannon Padget, and Calphrey
Streetman)
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September 15, 2009
8.E. APPROVALOFSTATEAND FEDERALLYFUNDEDSUBGRANTAGREEMENT-
CONTRACT NUMBER 10 -BG -25-10-40-01
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the contract for the FY 09/10
Emergency Management, Preparedness and
Assistance Trust Fund Base Grant Agreement
(EMPA) portion of the State Funded Subgrant
Agreement (10 -BG -25-10-40-01); and authorized the
Director of Emergency Services John King as the
contract manager for this agreement, as recommended
in the memorandum of September 4, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. F. MISCELLANEOUS BUDGET AMENDMENT 023
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved Resolution 2009-141,
amending the fiscal year 2008-2009 Budget.
N.
September 15, 2009
8. G. PUMP STATION NO. 2058 UPGRADES, UCP No. 2 784, FINAL PAYMENT TO
CONTRACTOR AND RELEASE OF RETAINAGE, W.LP. NO 472-169000-
09503, BzD NUMBER 2008063
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the total project construction
cost of $159,056.00, and approved Application for
Payment No. 2 — Final as final payment to the
Contractor, Timothy Rose Contracting, Inc., in the
amount of $7,952.80, as recommended in the
memorandum of September 1, 2009.
8.H. 16" FORCE MAINRELOCATION ON USI AT SOUTHRELIEF CANAL, UCP
No. 2952, FINAL PAYMENT TO SHEL TRA AND SONS CONSTRUCTION CO.,
INC. AND RELEASE OFRETAINAGE, W.LP. No. 471-23536-044699-07522
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the total project construction
cost of $25,520.73, and approved Application for
Payment No. 2 — Final as final payment to the
Contractor, Sheltra and Sons Construction Company,
Inc. in the amount of $1,276.04, as recommended in
the memorandum of September 1, 2009.
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September 15, 2009
8.I. AGREEMENT WITH KENAND LAURA MCKELLER TO PURCHASE A PORTION
OF 31ST AVENUE
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the contract with Ken and
Laura McKeller, for the acquisition of right-of-way
(ROW) consisting of 0.609 acres for a selling price of
$34,200.00, as recommended in the memorandum of
August 26, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLICHEARING
10.A.1. EMERGENCY ORDINANCE GRANTING TEMPORARY USE PERMIT CDS
MANUFACTURING FORA TEMPORARYINDUSTRIAL SITE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney William Collins clarified why this proposal was put on the Agenda as
an Emergency Ordinance, and told how the Ordinance would grant the Temporary Use Permit
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September 15, 2009
(TUP) to CDS Manufacturing for a temporary industrial site (on 20th Street) to prefabricate
bridge structures that would be used for the Indian Street Bridge project in Martin County.
Attorney Collins pointed out that Attachment A of the Ordinance is the application for a
temporary use permit, and that the attachment of the TUP, along with the Site Plan, would be the
approval through Ordinance of a temporary use permit. He also noted that the temporary use
permit would terminate upon completion of the bridge.
Assistant County Attorney George Glenn provided the Board with a copy of the final
Temporary Use Permit (TUP) Application (copy on file).
Community Planning Director Stan Boling acknowledged that staff had reviewed the
application and sketch, and was satisfied that it could be used in terms of a site plan.
Commissioner Solari proposed adding the following verbiage to the Ordinance:
"WHEREAS, this temporary use will have a significant positive economic impact for
Indian River County.", and "WHEREAS, we are now suffering from the worst economic
conditions since before World War II.'
The Chairman opened the Public Hearing.
The following individuals addressed the Board, encouraging them to support the
Emergency Ordinance and/or Temporary Use Permit.
Jens Tripson, 2525 14th Street
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September 15, 2009
Brian Carman, Executive Director, IRNA, Indian River Neighborhood Association
Linda Gonzales, Economic Development Council (EDC)
Bob Johnson, Coral Wind Subdivision, voiced support but was concerned about the
notification of residents around the subject site.
Due to Mr. Johnson's concerns, Director Boling, through an aerial photo, showed the
remoteness of the site.
There were no additional speakers and the Chairman closed the Public Hearing.
Commissioner O'Bryan clarified that this would not be used as a cement batch plant, and
that they would be using local existing cement companies to pour cement into molds on the site.
MOTION was made by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to approve
the Emergency Ordinance with the amendments as
stated by Commissioner Solari.
There was a brief discussion regarding safety issues and staff's interpretation of the
policies as set in the past.
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September 15, 2009
THE Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board:
adopted Emergency Ordinance 2009-014, with
amendments to include: "WHEREAS, this
temporary use will have a significant positive
economic impact for Indian River County", and
"WHEREAS, the County of Indian River is now
sufferinz from the worst economic conditions since
before World War II" approving a temporary use
permit issued to CDS Manufacturing, for a temporary
construction site located at 16505 20th Street.
10.B. PUBLIC DISCUSSIONITEMS -NONE
10.C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHED ULED PUBLIC HEARING
SEPTEMBER 22, 2009: COUNTYINITIATED REQUEST: AN ORDINANCE OF
THE BOARD OF COUNTY COMMISSIONERS OFINDIANRIVER COUNTY,
FLORIDA, AMENDING TITLE X, IMPACT FEES, OF THE CODE OF INDIAN
RIVER COUNTY TO REVISE APPENDIX A, IMPACT FEE RATE SCHEDULE;
AND AMENDING CODE SECTION 1000.06 "IMPOSITION" TO PROVIDE AN
EXTENSION TEMPORARmYSUSPENDING FOR SIX MONTHS THE
IMPOSITION OF IMPACT FEES FOR EMERGENCYSERVICES FACILITIES,
CORRECTIONAL FACILITIES, PUBLIC BUILDINGS DEVELOPMENT, LAW
ENFORCEMENT, AND SOLID WASTE FACILITIES; AND, PROVIDING FOR
CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE (LEGISLATIVE)
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September 15, 2009
10. C.2. NOTICE OF SCHED ULED PUBLIC HEARING
SEPTEMBER 22, 2009: MARKMONTGOMERYETAL'SREQUEST TO
ABANDONA SEGMENT OF 12THPLACE SW BETWEEN US] AND IST
AVENUE SW LYING EAST OF USI (LEGISLATIVE)
Attorney Collins read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT
I2.A.I. OCUCUE LLC'S REQUEST FOR A LOCAL .IDBS GRANT
Community Development Director Bob Keating informed the Board that this request for
a Local Jobs Grant from OcuCue LLC was the first jobs grant request since the Board modified
the parameters of the program in March. He said that because OcuCue LLC proposes to create
25 jobs in various income categories, they are eligible for a jobs grant of up to $131,000.00,
which would be paid out over a three-year period. He indicated that the funds for the grant
would come from General Fund Contingency, and that the Economic Development Council
(EDC) had recommended Board approval.
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September 15, 2009
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, to approve
a local jobs grant of up to $131,000 for OcuCue LLC.
Chairman Davis wanted to see an evaluation from the individual businesses on how the
process could be made easier, what obstructions they encountered, if any, and how they found
out about the program.
Commissioner O'Bryan mentioned that the Company Manager, Mr. Stuart Woodard, had
provided the EDC with a presentation regarding this issue, and that a Special Call meeting was
held to fast-track the recommendation to bring it to the Board.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved a
local jobs grant of up to $131,000 for OcuCue LLC;
and authorized the Chairman to execute the Job Grant
Agreement, as recommended in the memorandum of
September 4, 2009.
12.B. EMERGENCYSER VICES -NONE
12. C. GENERAL SER VICES - NONE
12.D. HUMAN RESOURCES -NONE
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September 15, 2009
12.E. HUMANSER VICES -NONE
12.F. LEISURE SERVICES -NONE
12.G. OFFICE OF MANAGEMENTAND BUDGET- NONE
12.H. RECREATION -NONE
12.L PUBLIC WORKS- NONE
12.J. UTILITIES SERVICES
12.11. INDIANRIVER COUNTY UTILITYADVISORY COMMITTEE (UAC)
RECOMMENDATION FOR INDIAN RIVER COUNTY COMMISSION AND CITY
WATER AND SEWER SERVICE
(Clerk's Note: Chairman Davis's Emergency Item addition, Consolidation of Water and
Sewer Services, was addressed under this Item)
Utilities Director Erik Olson recapped his Memorandum dated September 8, 2009,
pointing out that the two Resolutions are the functional equivalent of an Interlocal Agreement,
and that each designates the City of Vero Beach to serve the residents of the South Barrier Island
for water and wastewater service. He said that each Agreement is for a period of 30 years (will
expire in 2017), that in order for the Agreements to be renewed notice must be given no less than
5 years prior to the expiration, and that each party would be obligated to make their intentions
known by 2012. Director Olson recalled that Utility Advisor Dr. Stephen Faherty had
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September 15, 2009
recommended the Utility Advisory Committee (UAC) send an immediate notice to the City of
Vero Beach informing them that the County does not intend to renew the current Agreements.
He said the UAC Chairman had recommended developing a tri -party meeting between the City
of Vero Beach, Town of Indian River Shores, and Commission staff to discuss and review issues,
and that if the decision was made to serve either the South Barrier Island or the Town of Indian
River Shores, the bill would become an Indian River County bill.
There was a brief discussion pertaining to an agreed joint meeting for discussion of
consolidation issues.
Commissioner Solari felt that since this was a complicated matter, it would be best for the
Utility Department to visit the City of Vero Beach City Council, and requested the Chairman to
send a letter of invitation to this affect.
Commissioner O'Bryan agreed with the direction of the Board, clarified that the Board
was not delaying this, and believed that costs and repercussions were necessary in order for the
Board to make prudent decisions.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, to hold a
joint meeting with the County, City of Vero Beach,
and Town of Indian River Shores.
Dr. Stephen J. Faherty, representing the 2,595 properties in the South Beach area,
voiced his appreciation to the Board for their leadership and moving forward in a timely manner.
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September 15, 2009
Bob Johnson, Coral Wind Subdivision, wanted to know when residents could voice their
concerns, since the Board was bypassing the workshop.
Chairman Davis said he runs an open meeting, allows everyone an opportunity to speak,
and that his intent for the meeting would be to conduct it in the same manner.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously approved to
hold a Joint Meeting with the County, City of Vero
Beach, and Town of Indian River Shores.
13. COUNTY ATTORNEY MATTERS
13.A. SEARCH FOR NEW COUNTYATTORNEY
Attorney Collins recapped his Memorandum dated September 8, 2009. He gave an
overview of the County Attorney job description (as set by the State), the job description used
for the last hire, general and specific tasks, time intensive areas, contract issues, strengths and
weaknesses of the current legal team, areas that will need to be addressed by the new attorney,
and candidate advertising.
Human Resources Director James Sexton stressed that an in-house search process could
equal any outside firm for eligible candidates, especially with an outside firm charging
$21,500.00.
IN
September 15, 2009
The Board discussed the options and criteria of hiring a new County Attorney.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Wheeler, to direct
staff to perform an in-house search for a new County
Attorney candidate.
Commissioners O'Bryan and Solari wanted this brought back during the September 22,
2009 Board of County Commission Meeting, to discuss the terms and provisions of the contract
prior to it being sent out for the interview process.
Commissioner Wheeler supported bringing this back to the next meeting for discussion,
and he felt that one question on the questionnaire should be, "Would you work without a
contract?" He reiterated that he does not support contracts, and believed there would be
individuals who would be willing to work with one.
Likewise, Vice Chairman Flescher did not support a contract for the County Attorney
position.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously directed
Human Resources staff to perform an in-house search
for a new County Attorney candidate, and to report
back on the process at the September 22, 2009 Board
of County Commission Meeting.
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September 15, 2009
13.B. STIPULATION CONCERNING EXTENDED POSSESSION FOR 65TH AVENUE
PROPERTY OWNERS WILLIAMBETHEL, CHARLENEBROWN, RUTHAND
WILLIAM STANBRIDGE
Deputy County Attorney Bill DeBraal recapped his Memorandum of September 10,
2009, explaining that the five parcels (7.9 acres including a pond site) of property needed for
right-of-way for the 66th Avenue Improvement Project were in negotiation, and that the
landowners had agreed to stipulate to an Order of Taking in exchange for a period of extended
possession. He said that by stipulating to the Order of Taking, the County would obtain title to
the property but allow the owners to use it until the time of road construction. The lease would
provide them with a rent-free residence for a period of one year, and renewable at 6 -month
intervals. He recalled that Ms. Brown has a Murphy Reservation on her property, and that she
requested the Board to continue to give full value to the Murphy Reservation, essentially
ignoring it throughout the duration of the trial.
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the terms of the stipulation;
authorized deposit of the appraised value of the
needed property into the registry of the Clerk for each
of the landowners; and authorized the Chairman to
execute the Lease for each property owner, as
recommended in the memorandum of September 10,
2009.
14. COMMISSIONER ITEMS
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September 15, 2009
14.A. COMMISSIONER WESLEYS. DAVIS, CHAIRMAN -NONE
14.B. COMMISSIONER JOSEPHE. FLESCHER, VICE CHAIRMAN -
NONE
14. C. COMMISSIONER GARY C. WHEELER
14.Cl. DISCUSSION oN COUNTY -WIDE POLICY FOR DEALING WITHEMPLOYEEs
CHARGED WITHA DUI
(Clerk's Note: Items 14. C. 1. and 14.E.1. were discussed as one item, see Item 14.E.1.
below for discussion)
14.D. COMMISSIONER PETER D. O'BRYAN- NONE
14.E. COMMISSIONER BOB SOLARI
14.E.1. DRIVING UNDER THE INFLUENCE
Commissioner Wheeler pointed out that he brought this item back to the Board because
of a commitment he had made to the people who wanted to speak at the June 9, 2009 Board of
County Commission Meeting regarding the May 16th DUI arrest of the County Administrator,
and also because he felt the necessity to evaluate the current policy.
Commissioner Solari wanted the Board to discuss the matter of policy for going forward,
to allow the public to speak, and to decide whether "Terms of Employment" should be part of
future contracts for the County Officers (County Administrator and County Attorney).
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September 15, 2009
Attorney Collins pointed out that if the Board wants a uniform policy, they should keep
in mind that they are dealing with a diverse workforce, and that a one -size -fits -all policy would
not work due to the different situations and requirements.
There was a brief discussion pertaining to a draft policy and whether it would apply to
only County Officers or if it would expand to all contract employees, and whether the policy
should mirror the union/non-union employees.
Commissioner Solari wanted the County Administrator and County Attorney to be held
to the highest standards of any employees, and voiced concern that there was little or no
direction for the Commissioners when situations like this occur.
Commissioner Wheeler believed consistency was important due to the diversity of the
workforce, and felt that everyone should be held to the same standards.
Director Sexton clarified that the policy language used in the proposed policy (page 250
of the Backup) came from the Union Agreements, with the exception that the reassignment
option was eliminated.
Assistant County Administrator Mike Zito spoke about "safety sensitive positions,"
reminding the Commissioners that they have absolute discretion and authority over the two
Officer positions, and defined the drafted policy that the Board could adopt for guidelines.
22
September 15, 2009
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Wheeler, to adopt an
unlawful conduct/arrest policy (see backup material
on page 250), going forward, to hold the County
Administrator and County Attorney to the same
standards as general and union employees.
Attorney Collins offered suggestions for provisions that could be included in the
policy/contract.
Commissioner Solari reiterated that he did not want to renegotiate the officer contracts at
this time, but felt there should be guidance for the Board.
Commissioner O'Bryan suggested adding an Ethics Policy to the current contract, but
Attorney Collins felt that it would change the terms of the contract.
Commissioner O'Bryan felt the verbiage, "...without severance or compensation" after
"...may be terminated from employment." should be added to future contracts.
Commissioner Solari AMENDED HIS MOTION,
SECONDED by Commissioner O'Bryan, to adopt an
unlawful conduct/arrest policy (see backup material
on page 250), going forward, to hold the County
Administrator and County Attorney to the same
standards as general and union employees, and to
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September 15, 2009
include the following verbiage in future contracts:
"...without severance or compensation."
Chairman Davis opened the floor to public comment.
Rene Renzi, Waverly Place, believed that all violators should be treated exactly the same
for like violations.
Doris Tropf, 1236 30th Avenue, voiced concern for the liability of the County, based on
the County Administrator's vertigo.
Joe Wiggins, 895 11th Street, wanted to see everyone treated equally.
The Chairman closed the public comments session.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board adopted the
following policy, going forward, for the County
Administrator and the County Attorney:
Board of County
conduct/arrest policy
Officers
September 15, 2009
Commissioners: Unlawful
as applied to County
24
County Officer shall immediately notify the County
Commission within 3 days of contact when
information has been filed by a prosecuting official
against him/her, when indicted by a Grand Jury, or
when arrested, for any offense or violation of law.
The Commission shall determine if it is in the best
interests of the County to:
(1) Retain the Officer in his/her regular position
pending court disposition; and/or
(2) Place the employee on leave without pay until
such time as any charges are disposed of by trial,
acquittal, dismissal, conviction, or other judicial
action; and/or
(3) Initiate disciplinary action up to and including
termination.
In the event that the Officer is retained pending the
resolution of the charges, and pleads nolo contendere
or guilty, or is found guilty of any job related offense
or any offense that would adversely impact the
County or the employment status of the Officer, or
which would cause the County to be held in disrepute,
the Officer may be terminated from employment
without severance or compensation.
25
September 15, 2009
A brief discussion ensued among the Commissioners regarding the pros and cons of
adding additional public Mock DUIs to the ones that are currently being staged by the Fire
Rescue Service.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCYSERVICESDISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes
are being prepared separately.
15.A.1. INVITATION FROM JOHN'S ISLAND GOLF CLUB FOR STAFF TO
PARTICIPATE INA "PUBLIC SAFETYDAY" GOLF OUTING
15.A.2. EMERGENCYSERVICES STATION 9 DEDUCTIVE CHANGE ORDER NO.2
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency Services
District Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are being prepared separately.
15.8.1. APPROVAL OF MINUTES SWDD BUDGET- PUBLIC HEARING OF JULY 23.
2009
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September 15, 2009
15.B.2. AUTHORIZATION TO FLORIDA POWER & LIGHT TO CONVERT OVERHEAD
LINES TO UNDERGROUND LINES AT THE ENTRANCE TO THE YARD WASTE
FACILITY ON THE LANDFILL PROPERTY
15.B.3. WORK ORDER NO. 12 - FINAL PAY TO GEOSYNTEC CONSULTANTS, INC.
FOR REMEDIAL ACTION PLAN MODIFICATION IMPLEMENTATION FOR THE
FORMER SOUTH GIFFORD ROAD LANDFILL
15.B.4. CHANGE ORDER NO. I TO BARTH CONSTRUCTION, INC. RELATED TO THE
EXPANSION OF THE FELLSMERE CUSTOMER CONVENIENCE CENTER
15.B.5. AMENDMENT NO.2 TO WORK ORDER NO. I TO BROWNAND CALDWELL
FOR ENGINEERING SER VICES RELATED TO THE EXPANSION OF THE
FELLSMERE CUSTOMER CONVENIENCE CENTER
15.0 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
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September 15, 2009
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
10:40 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Wesley S. Davis, Chairman
Minutes Approved:
BCC/LAA/2009Minutes
NOV 0 3 2009
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September 15, 2009