HomeMy WebLinkAbout01/19/2010JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 19, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
MOVE: ITEM 10.B.2. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING
ISSUES RELATED TO VERO BEACH ELECTRIC UTILITY TO ITEM 5.C. 2
DELETION: ITEM 10.B.3. REQUEST TO SPEAK FROM BRUCE BARKETT, FOR CITY
FIRST MORTGAGE CORP., REGARDING MATTER OF LEWIS BARTON CODE
ENFORCEMENT 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING JANUARY 25 — 29, 2010 AS
GOLINE/COMMUNITY COACH PUBLIC TRANSIT EMPLOYEE RECOGNITION WEEK 2
5.B. PUBLIC ANNOUNCEMENT FOR VERO BEACH ELECTRONICS RECYCLING EVENT
ON JANUARY 23, 2010 3
5.C. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING ISSUES RELATED TO
VERO BEACH ELECTRIC UTILITY 3
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January 19, 2010
6. APPROVAL OF MINUTES -NONE 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. RESIGNATION OF REPRESENTATIVE FROM GIFFORD COMMUNITY TO THE PARKS
AND RECREATION COMMITTEE 4
7.B. 2010 ELECTION OF MPO CITIZENS ADVISORY COMMITTEE (MPOCAC)
CHAIRMAN AND VICE CHAIRMAN 4
7.C. 2010 ELECTION OF MPO CHAIRMAN AND VICE CHAIRMAN 4
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES DECEMBER 29, 2009 TO JANUARY 7,
2010 5
8.B. LEASE WITH CUMBERLAND FARMS AT OSLO ROAD AND 27TH AVENUE 5
8.C. PROCLAMATION AND RETIREMENT AWARD FOR ROBERT D. WILLIAMS ON HIS
RETIREMENT AFTER TWENTY-EIGHT YEARS SERVICE WITH THE BOARD OF
COUNTY COMMISSION DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE 6
8.D. AUTHORIZATION FOR THE SUPERVISOR OF ELECTIONS TO USE FORMER
STORMWATER OFFICES LOCATED AT THE 43RD AVENUE ADMINISTRATION
ANNEX 4375 43RD AVENUE UNIT 102 6
8.E. WABASSO BEACH RESTORATION - SECTORS 3 FDEP GRANT AGREEMENT No.
071R2 - AMENDMENT NO. 1 7
8.F. WORK ORDER No. 14 (ENGINEERING/SURVEYING) MASTELLER, MOLER, REED
AND TAYLOR, INC. DALE WIMBROW AND DONALD MACDONALD PARKS
BOUNDARY - TOPOGRAPHIC - AERIAL PHOTOGRAMMETRIC SURVEY 7
8.G. AMENDMENT AND EXTENSION OF HURRICANE DEBRIS REMOVAL CONTRACTS
FOR OMNI PINNACLE, LLC AND CERES ENVIRONMENTAL SERVICES, INC. 8
8.H. TRAFFIC CONTROL DEVICE LEDGER 8
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 9
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF 9
RESOLUTION IN SUPPORT OF SENATE BILL 610 AND HOUSE BILL 417 9
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January 19, 2010
10. PUBLIC ITEMS 12
10.A. PUBLIC HEARING -NONE 12
10.B. PUBLIC DISCUSSION ITEMS 12
10.B. 1 . REQUEST TO SPEAK FROM FRANK ZORC REGARDING COMMUNICATIONS
BETWEEN COUNTY AND PIPER, UNAVAILABILITY OF COMMUNICATIONS,
APPEARANCE OF SUNSHINE LAW VIOLATION 12
10.B.2. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING ISSUES RELATED TO
VERO BEACH ELECTRIC UTILITY 12
10.B.3. REQUEST TO SPEAK FROM BRUCE BARKETT, FOR CITY FIRST MORTGAGE
CORP., REGARDING MATTER OF LEWIS BARTON CODE ENFORCEMENT 12
10.C. PUBLIC NOTICE ITEMS -NONE 13
11. COUNTY ADMINISTRATOR MATTERS -NONE 13
12. DEPARTMENTAL MATTERS 13
12.A. COMMUNITY DEVELOPMENT 13
12.A.1. APPROVAL OF CONTRACT AWARD FOR THE REHABILITATION OF EIGHT HOMES
APPROVED UNDER THE HURRICANE WILMA COMMUNITY DEVELOPMENT
BLOCK GRANT DISASTER RECOVERY INITIATIVE 13
12.B. EMERGENCY SERVICES -NONE 14
12.C. GENERAL SERVICES -NONE 14
12.D. HUMAN RESOURCES 14
12.D.1. APPROVAL OF COUNTY ATTORNEY EMPLOYMENT CONTRACT 14
12.E. HUMAN SERVICES -NONE 16
12.F. LEISURE SERVICES -NONE 16
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 16
12.H. RECREATION -NONE 16
12.I. PUBLIC WORKS 17
12.I.1. RIGHT-OF-WAY RECONSIDERATION OF RESOLUTIONS 2007-027, 2008-116 AND
2008-139 REGARDING ACQUISITION OF RIGHT-OF-WAY FOR COUNTY ROAD
PROJECTS 17
12.I.2. 43RD AVENUE STORMWATER RETENTION AREA, RIGHT-OF-WAY, MARGARET B.
DURWIN, 585 43RD AVENUE, VERO BEACH, FLORIDA 21
12.I.3. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 21
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January 19, 2010
12.J. UTILITIES SERVICES -NONE 22
13. COUNTY ATTORNEY MATTERS -NONE 22
14. COMMISSIONER ITEMS 22
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 22
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 22
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 22
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 22
14.E. COMMISSIONER GARY C. WHEELER -NONE 22
15. SPECIAL DISTRICTS AND BOARDS 23
1 5.A. EMERGENCY SERVICES DISTRICT 23
15.A.1. APPROVAL OF FY 2009/10 EMS COUNTY AWARDS GRANT: PURCHASE OF
CAPITAL/OPERATING EQUIPMENT USING NON-MATCHING EMS GRANT FUNDS
AND GRANT RESOLUTION 23
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 23
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 23
16. ADJOURNMENT 23
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January 19, 2010
JEFFREY K. BARTON
Clerk to the Board
January 19, 2010
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, January 19, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob
Solari, and Commissioners Wesley S. Davis, Joseph E. Flescher, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Stan Boling, Planning Director, delivered the Invocation.
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January 19, 2010
3. PLEDGE OF ALLEGIANCE
Joseph A. Baird, County Administrator, led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to today's Agenda:
MOVE.' ITEM 10.B.2. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING ISSUES
RELATED TO VERO BEACH ELECTRIC UTILITY TO ITEM S. C.
DELETION: ITEM 10.B.3. REQUEST TO SPEAK FROM BRUCE BARKETT, FOR CITY FIRST
MORTGAGE CORP., REGARDING MATTER OF LEWIS BARTON CODE ENFORCEMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING JANUARY 25 - 29, 2010
AS GOLINE/COMMUNITY COACH PUBLIC TRANSIT EMPLOYEE
RECOGNITION WEEK
Chairman O'Bryan read and presented the Proclamation to Karen Diegl, Executive
Director, and Karen Wood, Transportation Director, of the Senior Resource Association.
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S.B. PUBLIC ANNOUNCEMENT FOR VERO BEACH ELECTRONICS RECYCLING
EVENT ON JANUARY 23, 2010
Himanshu Mehta, Managing Director SWDD; Elizabeth Pollick, Senior Account Clerk,
SWDD; and Kristy Sturdivant, Executive Director KIRB, provided details on the Vero Beach
Electronics Recycling Event to be held at the Macy's parking lot on Saturday, January 23, 2010
from 9:00 a.m. to 3:00 p.m.
5.C. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING ISSUES RELATED
TO VERO BEACH ELECTRIC UTILITY
(Clerk's Note: This item was moved from 10.B.2. and redesignated as Item S.C.)
Brian Heady, 406 19th Street, newly elected City of Vero Beach Council Member, spoke
about the situation wherein County residents living outside of Vero Beach City Limits are paying
higher electric rates to the City of Vero Beach Electric Utility, than other County residents pay to
Florida Power and Light (FPL). He recalled that Stephen Faherty and Glenn Heran had initiated
action to get the Public Service Commission to take over the Utility, which action has
subsequently been discontinued. Mr. Heady discussed the merits of maintaining local control for
the Utility and declared that he would work with the Vero Beach City Council towards providing
safe, reliable, and affordable electric service for the residents. He thereafter extended an
invitation to Board members and the Public to attend the City of Vero Beach Council Meetings,
one of which will occur this evening (January 19, 2010) at 6:00 p.m.
Commissioners extended their thanks and avowed their support to Mr. Heady for his
efforts in remedying this situation; discussed some of the challenges he might face with the City
Council; and advised that they would be monitoring the situation on behalf of the affected
residents.
No Board action required or taken
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January 19, 2010
6. APPROVAL OF MINUTES -NONE
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERSNOT REQUIRING BOARD ACTION
7.A. RESIGNATION OF REPRESENTATIVE FROM GIFFORD COMMUNITY TO THE
PARKS AND RECREATION COMMITTEE
Noted for the record was the resignation on January 4, 2010, of Mr. Bill Wilson, as the
Gifford Community representative to the Parks and Recreation Committee. His term would have
expired by the end of 2010.
7.B. 2010 ELECTION OF MPO CITIZENS ADVISORY COMMITTEE (MPOCAC)
CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the re-election of Ms. Juliana Young as Chairman, and Mr.
Robert Johnson as Vice Chairman, of the Metropolitan Planning Organization (MPO) Citizens
Advisory Committee (CAC) for the year 2010. As such, Chairman Young and Vice Chairman
Johnson would be the MPOCAC appointees to the MPO Regional Advisory Committee.
7. C. 2010 ELECTION OF MPO CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the election of Sebastian Mayor Richard Gillmor as Chairman,
and County Commissioner Bob Solari as Vice Chairman of the Metropolitan Planning
Organization (MPO) for the year 2010. As such, Chairman Gilmore and Vice Chairman Solari
would be the MPO appointees to the MPO Regional Advisory Committee.
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January 19, 2010
8. CONSENT AGENDA
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Consent Agenda, as written.
8.A. APPROVAL OF WARRANTS AND WIRES DECEMBER 29, 2009 TO JANUARY
7, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of December 29, 2009 to
January 7, 2010, as requested in the memorandum of
January 7, 2010.
8.B. LEASE WITH CUMBERLAND FARMS AT OSLO ROAD AND 27THAVENUE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute the Lease with
Cumberland Farms, Inc., at Oslo Road and 27th Avenue,
as requested in the memorandum of January 11, 2010.
LEASE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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January 19, 2010
8.C. PROCLAMATION AND RETIREMENT AWARD FOR ROBERT D. WILLIAMS ON
HIS RETIREMENT AFTER TWENTY-EIGHT YEARS SERVICE WITH THE
BOARD OF COUNTY COMMISSION DEPARTMENT OF EMERGENCY
SERVICES/FIRE RESCUE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Retirement Award and Proclamation honoring Robert
D. Williams on his retirement from Indian River County
Board of County Commissioners Department of
Emergency Services/Fire Rescue.
8.D. AUTHORIZATION FOR THE SUPERVISOR OF ELECTIONS TO USE FORMER
STORMWATER OFFICES LOCATED AT THE 43RD AVENUE ADMINISTRATION
ANNEX 4375 43RD AVENUE UNIT 102
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the assignment of the office area located in Unit 102, 4375
43rd Avenue to the Supervisor of Elections as a training
room with the understanding that when not in use and with
the approval of the Supervisor of Elections, the space can
be reserved by Board staff for meetings, as recommended
in the memorandum of January 13, 2010.
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January 19, 2010
8.E. WABASSO BEACH RESTORATION — SECTORS 3 FDEP GRANT AGREEMENT
No. 071R2 - AMENDMENT No. 1
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute Amendment No. 1
to FDEP No. 071R2, for Wabasso Beach Restoration
Sector 3, as recommended in the memorandum of January
7, 2010.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. WORK ORDER No. 14 (ENGINEERING/SURVEYING) MASTELLER, MOLER,
REED AND TAYLOR, INC. DALE WIMBROW AND DONALD MACDONALD
PARKS BOUNDARY — TOPOGRAPHIC — AERIAL PHOTOGRAMMETRIC
SURVEY
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute Work Order No.
14 with Masteller, Moler, Reed, and Taylor, Inc.,
authorizing Project 0957 Dale Wimbrow and Donald
MacDonald Parks Boundary, as outlined in the Scope of
Services, as recommended in the memorandum of January
4, 2010.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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January 19, 2010
8.G. AMENDMENT AND EXTENSION OF HURRICANE DEBRIS REMOVAL
CONTRACTS FOR OMNI PINNACLE, LLC AND CERES ENVIRONMENTAL
SERVICES, INC.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the extension of the debris removal agreements with Omni
Pinnacle, LLC, and Ceres Environmental Services, Inc.,
and authorized the County Administrator to execute the
extension upon review and approval of the County
Attorney and review and approval by all applicable staff,
as recommended in the memorandum of January 7, 2010.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. TRAFFIC CONTROL DEVICE LEDGER
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2010-003, approving traffic control devices
authorized by the Director of Public Works.
TRAFFIC CONTROL DEVICE LEDGER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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January 19, 2010
9. CONSTITUTIONAL OFFICERS AND
GOVERNMENTALAGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF
RESOLUTION IN SUPPORT OF SENATE BILL 610 AND HOUSE BILL 417
Sheriff Deryl Loar invited James Harpring, General Counsel for the Sheriff's Office, to
present the request for a resolution of support for Senate Bill 610 (SB 610) and House Bill 417
(HB 417).
Attorney Harpring recalled that during the impasse hearings between the Coastal Police
Benevolent Association (CFPBA) and the Sheriff's Office (heard by the Board in September
2009), the Board had articulated the desire to not be required to resolve a collective bargaining
impasse by any Constitutional Officer. He explained that Senate Bill 610 and House Bill 417
would amend the relevant provision of Florida Statute 447.403 "Resolution of Impasses", to
articulate that the respective Constitutional Officers of a particular County would be the
Legislative Body of their respective employees for purposes of resolving a collective bargaining
impasse.
Commissioner Wheeler was concerned that the definition presented in HB 417 (page 103
and 104), wherein the "Legislative Body" is described as "...having authority to appropriate
funds..." could be construed to mean the Constitutional Officers could appropriate funds. He
wanted clarified that the proposed resolution or legislation could not be interpreted in that
manner, or open the door for the appropriation of funds by the Constitutional Officers.
Attorney Harpring explained that because of the language and rules of statutory
construction, the proposed legislation does not amend or authorize the authority of a
Constitutional Officer to appropriate funds. He emphasized that the language specifically refers
only for the purposes of Section 447.403, which deals with the resolutions of collective
bargaining impasses.
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January 19, 2010
Discussion continued between Commissioners, staff, and Attorney Harpring on the
language in the Resolution and in House Bill 417, with Attorney Collins suggesting that this item
be brought back to the Commissioners after his review.
Commissioner Wheeler wanted time to get an opinion from the Florida Association of
Counties (FAC), and requested that the Sheriff return with this item to the Board on February 2,
2010.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to TABLE the
Sheriff's request for a resolution in support of Senate Bill
610 and House Bill 417 to a time certain of Tuesday,
February 2, 2010.
Under discussion, Vice Chairman Solari remarked that the Sheriff had likely wanted to
get the resolution of support to present at the upcoming legislative meeting, and wondered if the
Board could relay some verbal support to the Legislative Delegation, with the understanding that
the legislation clearly has nothing to do with appropriations by the Constitutional Officers.
Board members continued to discuss their support for the intent of the proposed
legislation, and considered whether the language in the Bills should be amended for clarity.
Commissioner Flescher wondered, since the County Commission was one of three
options available to resolve impasse issues, whether the Board should be supporting the proposed
legislation, and advocated a thorough review of the proposed legislation by the County Attorney.
Chairman O'Bryan inquired whether Commissioner Wheeler would amend his Motion to
Table the item by including verbiage authorizing the Chairman to convey to the Indian River
County Legislative Delegation the Board's support for designating the Constitutional Officers as
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January 19, 2010
the Legislative Body for collective bargaining impasses. Commissioner Wheeler agreed;
however, Commissioner Davis requested the action be accomplished in two separate Motions.
Joe Failla, Staff Representative of the Coastal Florida Police Benevolent Association
(CFPBA), supported the Board's decision to take additional time to review the proposed
legislation.
Commissioner Wheeler reiterated that he had no objections to the intent of the legislation,
but he wants to discuss it with FAC.
Attorney Harpring offered to provide Commissioners with any additional information,
and Commissioner Wheeler said he would meet with Attorney Harpring to discuss this matter.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners Davis and Solari opposed), the
Motion carried. The Board TABLED the Sheriff's request
for a resolution in support of Senate Bill 610 and House
Bill 417 to a time certain of Tuesday, February 2, 2010.
Responding to Chairman O'Bryan's earlier request for authorization to convey the
Board's support of the proposed legislation to the Legislative Delegation, the Board took the
following action:
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously authorized
the Chairman to convey to the Indian River County
Legislative Delegation, the Board's support for SB 610
and HB 417, designating the Constitutional Officers as the
Legislative Body for the purposes of Collective
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January 19, 2010
Bargaining, with the understanding that this in no way
impacts appropriations.
10. PUBLIC ITEMS
10.A. PUBLIC HEARING -NONE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM FRANK ZORC REGARDING COMMUNICATIONS
BETWEEN COUNTY AND PIPER, UNAVAILABILITY OF COMMUNICATIONS,
APPEARANCE OF SUNSHINE LAW VIOLATION
Mr. Zorc was absent.
10.B.2. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING ISSUES RELATED
TO VERO BEACH ELECTRIC UTILITY
This item was redesignated as Item 5.C. and discussion has been placed there for
continuity.
10.B.3. REQUEST TO SPEAK FROM BRUCE BARKETT, FOR CITY FIRST
MORTGAGE CORP., REGARDING MATTER OF LEWIS BARTON CODE
ENFORCEMENT
Deleted
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January 19, 2010
10.C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. APPROVAL OF CONTRACT AWARD FOR THE REHABILITATION OF
EIGHT HOMES APPROVED UNDER THE HURRICANE WILMA
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY
INITIATIVE
Community Development Director Robert Keating explained that this was the proposed
Contract Award for the fourth group of recipients of the Hurricane Wilma Community
Development Block Grant (CDBG) Disaster Recovery Initiative. He confirmed staff's
recommendation of the Contract Award, providing there are no conflicts of interest between the
Board Members and the contractors performing the rehabilitation work.
Commissioners Flescher, Davis, O'Bryan, Solari, and Wheeler, respectively, attested
there were no known conflicts of interest.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the following contractors and total awards for each of the
following applicants: (1) Bell, Audrey (4540 43rd Ct.) to
A. Thomas Construction Co., Ft. Pierce, Florida, for the
total amount of $6,630.00; (2) Bell, Lena (4440 35th
Avenue) to A. Thomas Construction Company, Ft. Pierce,
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January 19, 2010
Florida for the total amount of $7,170.00; (3) Rue, Jacque
(4409 35th Avenue) to McAlhany Construction Company,
Vero Beach, Florida for the total amount of $8,196.00; (4)
Butler, Sharon (4800 1st Street S.W.) to McAlhany
Construction Company, Vero Beach, Florida for the total
amount of $6,732.00; (5) Johnson, Sally (4826 33rd
Avenue) to McAlhany Construction Company, Vero
Beach, Florida for the total amount of $2,514.00; (6)
Hinglebine, Richard (8615 97th Court) to McAlhany
Construction Company, Vero Beach, Florida for the total
amount of $7,200.00; (7) Raulerson, Eddina (1326 23rd
Avenue SW) to A. Thomas Construction Company, Ft.
Pierce, Florida, for the total amount of $1,176,000; and (8)
McKinney, Candace (6000 8th Street) to McAlhany
Construction Company, Vero Beach, Florida, for the total
amount of $6,270.00, as recommended in the
memorandum of January 8, 2010.
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES NONE
12.D. HUMAN RESOURCES
12.D.1. APPROVAL OF COUNTY ATTORNEY EMPLOYMENT CONTRACT
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, for discussion,
to approve the employment contract with Alan S.
Polackwich, for the position of County Attorney, as
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January 19, 2010
recommended in the memorandum of January 11, 2010.
Commissioners Wheeler and Flescher expressed their support for the way the contract
was written.
Chairman O'Bryan noted how easy it had been to work with Attorney Polackwich on the
contract, and Commissioner Davis felt that was indicative of his experience in the real world.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
employment contract with Alan S. Polackwich, for the
position of County Attorney (replacing current County
Attorney William Collins II upon his retirement), for
employment commencing February 23, 2010, as
recommended in the memorandum of January 11, 2010.
Vice Chairman Solari expressed a desire for the County Attorney not to enter into any
new contracts with the Assistant or Deputy County Attorneys prior to Attorney Polackwich
coming on board.
Discussion ensued as Commissioners and staff discussed some of the provisions provided
by the existing contracts for the Assistant and Deputy County Attorneys. Board members
expressed the desire for the new County Attorney, working in conjunction with current Attorney
William Collins, to come back to the Board with recommendations for structuring the contracts.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to direct the
County Attorney to enter into no new contracts with the
Deputy County Attorney, Assistant County Attorney, or
other legal staff, until after the incoming County Attorney,
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January 19, 2010
Alan S. Polackwich, has the opportunity to review and
make recommendations on those contracts, and to come
before the Board of County Commissioners with any
proposed new contracts.
Under discussion, Commissioner Davis suggested that the incoming Attorney also review
the contracts of the County Administrator and Assistant County Administrator.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed the
County Attorney to enter into no new contracts with the
Deputy County Attorney, Assistant County Attorney, or
other legal staff, until after the incoming County Attorney,
Alan S. Polackwich, has the opportunity to review and
make recommendations on those contracts, and to come
before the Board of County Commissioners with any
proposed new contracts.
Commissioner Davis commended the Human Resources Department on a great job
during the selection process for the new County Attorney.
EMPLOYMENT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.E. HUMAN SERVICES -NONE
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
January 19, 2010
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12.1. PUBLIC WORKS
12.1.1. RIGHT-OF-WAY RECONSIDERATION OFRESOLUTIONS 2007--027, 2008-
110 AND 2008-139 REGARDING ACQUISITION OF RIGHT-OF-WAY FOR
COUNTY ROAD PROJECTS
Michael Zito, Assistant County Administrator and Acting Assistant Land Acquisition
Director, introduced this item, which pertains to the re-evaluation of the effects of Resolutions
2007-027, 2008-116, and 2008-139 on right-of-way acquisitions for County road projects. He
reported that under the Resolutions, the pace of right-of-way acquisitions appears to be
accelerated, and the ratio of funds spent on construction to funds expended on land acquisition
has inverted over the past 18 months.
Public Works Director Christopher Mora used a PowerPoint presentation (copy on file),
to review the timelines for the right-of-way acquisition process. He explained that the County
has had to move forward with the right-of-way acquisition process for road projects that have
reached the 60% plan design level, thus restricting staff's ability to focus on critical road
segments which are close to full acquisition, and resulting in a scattered pattern of acquisitions.
Budget and Management Director Jason Brown, continuing the PowerPoint presentation,
presented supporting data to portray the financial impact that the Resolutions have had on right-
of-way acquisitions and road projects. He explained that there was an increase in monies needed
for right-of-way, and in light of decreasing revenues, a resulting decrease in funds available for
construction expenses.
Concluding staff's presentation, Director Mora presented staff's recommendation for
Board approval of the Resolution presented on page 147 and 148 of the backup, which would
amend previous Resolutions 2007-027, 2008-116, and 2008-139, to implement a more focused
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January 19, 2010
approach to right-of-way acquisition, targeting only those projects that are close to full
acquisition status and which are fully funded/scheduled for construction within the first three
years of the County five-year Capital Improvement Program. These roadways include:
1. 66th Avenue between 4th Street and 16th Street
2. Oslo Road between 58th Avenue and 27th Avenue
3. 53rd Street between 58th Avenue and US1
4. 2e Street between 82nd Avenue and 74th Avenue
5. 26th Street between 43rd Avenue and US 1
6. 66th Avenue between SR60 and 41St Street
7. 43rd Avenue between 18th Street and 26th Street
An in-depth discussion ensued as Commissioners sought further details from staff on the
right-of-way vs. construction expenditures; the cost to complete the seven (7) road projects
delineated in staff's recommendation; and the five-year transportation plan.
Commissioner Davis requested that Director Brown work up a three-year transportation
plan.
The Chairman called a break at 10:45 and reconvened the meeting at 10:57 a.m., with all
members present.
The Chairman opened the floor to public comments.
Joseph Paladin, Black Swan Consulting, observed that there were many issues to be
decided and priorities to be determined, and requested that the Board hold a public workshop
once Attorney Polackwich assumes his job as the new County Attorney.
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January 19, 2010
Ruth Stanbridge, 4835 66th Avenue, outlined the safeguards that had been incorporated
for home and property owners into Resolution 2008-139, which she did not believe were being
carried over into the proposed resolution. She emphasized the importance of giving the property
and homeowners their rights through the "Notice to Owner" letters, and providing a reasonable
timeline, and recommended that the Board deny staff's recommendation and give direction to
defer construction projects if necessary, so funds can be used to acquire right-of-way.
Chairman O'Bryan requested from staff a detailed report on the status and costs of the
proposed seven road projects.
A lengthy discussion ensued as Board Members reviewed the reasons for implementing
Resolution 2008-139 (the most current Resolution governing right-of-way acquisitions), and
made observations on whether it would be more financially prudent to put available monies in
right-of-way or in road -building. During conversation, several Commissioners emphasized the
importance of having Attorney Polackwich, when he assumes his post as County Attorney, work
on developing a better right-of-way acquisition process, which will take into account the
concerns of both the citizens and the County.
Further discussion ensued, during which Commissioners questioned staff on the right-of-
way purchases on 66th Avenue, and the status of the 170 files that were turned over to the County
Attorney subsequent to the Notice -to -Owner letters which were sent. During conversation,
Board members emphasized the importance of treating the citizens fairly.
Vice Chairman Solari suggested that staff prioritize the proposed road projects and return
to the Commission with the list, with recommendations on implementing the projects while
maintaining consistency with the spirit of Resolution 2008-139.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to direct staff to:
(1) prioritize the seven (7) road projects presented in
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January 19, 2010
staff's report; (2) proceed consistently with following
Resolution 2008-139, and bring any other interpretation of
the aforementioned Resolution before the Board of County
Commission for approval; and (3) bring a progress report
on the specifically prioritized road projects, with more
details on the expected costs of road completion, back to
the Board in three (3) months.
Commissioner Davis sought and received confirmation from the Chairman that the above
Motion was NOT changing anything about Resolution 2008-139.
Bob Johnson, Coral Wind Subdivision, asked staff whether the proposed road projects
were in priority order, and whether approval of the seven projects would trigger a bond issue.
Chairman O'Bryan recapped the Motion, after which the following action was taken:
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed staff to:
(1) prioritize the seven (7) road projects presented in
staff's report; (2) proceed consistently with following
Resolution 2008-139, and bring any other interpretation of
the aforementioned Resolution before the Board of County
Commission for approval; and (3) bring a progress report
on the specifically prioritized road projects, with more
details on the expected costs of road completion, back to
the Board in three (3) months.
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January 19, 2010
12.1.2. 43RD AVENUE STORMWATER RETENTION AREA, RIGHT-OF-WAY,
MARGARET B. DURWIN, 585 43RD AVENUE, VERO BEACH, FLORIDA
Public Works Director Christopher Mora updated the Board on this request to purchase
from Margaret B. Durwin a 1.76 acre parcel of land located at 585 43rd Avenue, for a stormwater
retention pond site which will be needed for the 43rd Avenue Road Improvement Project. He
presented staff's recommendation for Board approval of the Purchase and Sale Agreement in the
amount of $200,000, which includes a temporary construction easement which Ms. Durwin has
granted to the County.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the $200,000 purchase of right-of-way at 585 43rd Avenue,
and authorized the Chairman to execute the Agreement to
Purchase and Sell Real Estate with Margaret B. Durwin,
as recommended in the memorandum of January 11, 2010.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.3. STAFF UPDATE — SECTOR 3 BEACH RENOURISHMENT PROJECT
Public Works Director Christopher Mora, through a review of Coastal Engineering staff's
"Beach Sector 3 Design and Permitting Update" dated January 18, 2010 (copy on file), apprised
the Board of the latest developments in the permitting and design process for the Sector 3 Beach
Restoration Project. Due to a change where the project is being split into two phases, Ranger
Construction is requesting an increase of $984,502 to their contract amount, and Coastal
Technology, Inc. and staff has been evaluating the Contract and Change Order to determine
whether it is an equitable amount, and will return with those agreements for Board direction on
February 2, 2010. Director Mora estimated that construction on the Sector 3 Project would begin
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January 19, 2010
on February 9, 2010, providing enough time to complete the project prior to sea turtle nesting
season on May 1st
Vice Chairman Solari did not see why Ranger Construction would require an additional
$984,502 to construct the project in two phases, and asked Director Mora to provide more details
on the Contract Award and Change Order to Ranger, when he returns to the Board with this item
on February 2, 2010.
12..1. UTILITIES SERVICES -NONE
13. COUNTY ATTORNEY MATTERS -NONE
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE
14. C COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE
14.E. COMMISSIONER GARY C. WHEELER -NONE
(Clerk's Note: Commissioner Wheeler exited the meeting at 12:07 p.m.)
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January 19, 2010
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment of the Regular Board of
County Commission Meeting, the Board would reconvene as the Board of Commissioners of the
Emergency Services District. Those Minutes are being prepared separately.
15.A.1. APPROVAL OF FY 2009/10 EMS COUNTY AWARDS GRANT: PURCHASE
OF CAPITAL/OPERATING EQUIPMENT USING NON-MATCHING EMS
GRANT FUNDS AND GRANT RESOLUTION
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
15.C. ENVIRONMENTAL CONTROL BOARD -NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 12:07
p.m.
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January 19, 2010
ATTEST:
P.A) ID, Aar --
Jeffrey
K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: MAR 2 2010
BCC/MG/2010Minutes
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January 19, 2010