HomeMy WebLinkAbout01/05/2010 (3)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 5, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
Deletion: Item 8.P. Sandridge Golf Course Snack Bar Contract Modification 2
5. PROCLAMATIONS AND PRESENTATIONS -NONE 2
6. APPROVAL OF MINUTES 2
6.A. REGULAR MEETING OF NOVEMBER 3, 2009 2
6.B. REGULAR MEETING OF NOVEMBER 10, 2009 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. CITY OF SEBASTIAN, ORDINANCE NO. 0-09-06 — BRIDGETON REAL FUND LP
ANNEXATION; ORDINANCE NO. 0-09-07-BRIDGETON REAL FUND LP LAND
1
January 5, 2010
USE; AND ORDINANCE NO. 0-09-08-BRIDGETON REAL FUND LP REZONING ARE
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 3
7.B. CITY OF FELLSMERE ORDINANCE 09-22, ANNEXATION OF .58 ACRES MORE OR
LESS, LOCATED AT 12645/12665 COUNTY ROAD 512, IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD 3
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES DECEMBER 4, 2009 TO DECEMBER 10,
2009 4
8.B. APPROVAL OF WARRANTS AND WIRES DECEMBER 11, 2009 TO DECEMBER 17,
2009 4
8.C. AUTHORIZATION FOR COMMISSIONERS AND STAFF TO TRAVEL TO THE CRISIS
LEADERSHIP FOR LOCAL OFFICIALS EMERGENCY MANAGEMENT TRAINING
PROGRAM AT INDIAN RIVER STATE COLLEGE, FT. PIERCE 5
8.D. AUTHORIZATION FOR COMMISSIONERS AND STAFF TO TRAVEL TO THE
ANNUAL FLORIDA REGIONAL COUNCILS ASSOCIATION CONFERENCE IN
TALLAHASSEE 5
8.E. AUTHORIZATION TO ATTEND CONFERENCE 6
8.F. PROCLAMATION AND RETIREMENT AWARD HONORING ROGER DION ON HIS
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF SANDRIDGE GOLF CLUB 6
8.G. COMPROMISE OF BARTON CODE ENFORCEMENT LIEN 6
8.H. REQUEST TO ADVERTISE FOR PUBLIC HEARING TO AMEND ORDINANCE NO. 98-
27 REGARDING PAYMENT OF BOND FEE FOR CERTAIN CONSTITUTIONAL
OFFICERS 7
8.I. APPROVAL OF AMENDMENT NO. 2 TO DEP AGREEMENT NO. LP6734 FOR
EGRET MARSH REGIONAL STORMWATER PARK 7
8.J. AWARD OF BID # 2010014 - IRC PROJECT NO. 0541 ROAD WIDENING OF 20TH
AVENUE SW FROM 25TH STREET SW TO 21ST STREET SW, TIMOTHY ROSE
CONTRACTING, INC 8
8.K. FINAL PAYMENT TO MORGAN AND EKLUND, INC. WORK ORDER No. 6,
CONTINUING PROFESSIONAL SURVEYING & MAPPING/GIS SERVICES
CONTRACT 0725, SECTOR 3 BEACH RESTORATION - LEGAL DESCRIPTIONS AND
SKETCHES FOR TEMPORARY CONSTRUCTION EASEMENTS 8
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January 5, 2010
8.L. CHANGE ORDER NO. 2 — SHELTRA AND SON CONSTRUCTION, INC., 12TH STREET
SIDEWALK - 43RD AVENUE TO 27TH AVENUE (SIDEWALK EXTENSION) BID
NUMBER 2008080, PROJECT NUMBER 0604 9
8.M. RIGHT-OF-WAY ACQUISITION, JACK AND JENNETTE BUCKNER, 5755 58TH
AVENUE, VERO BEACH 9
8.N. APPROVAL OF MASTER AGREEMENT AND WORK ORDER NO. 1 FOR
SEDIMENTATION SYSTEM DREDGING AT THE MAIN RELIEF CANAL POLLUTION
CONTROL FACILITY 10
8.0. REQUEST FOR QUALIFICATIONS FOR HEALTH INSURANCE/EXCESS LOSS
REINSURANCE BROKERAGE AND ACTUARIAL SERVICES 10
8.P. SANDRIDGE GOLF COURSE SNACK BAR CONTRACT MODIFICATION 11
8.Q. APPROVAL OF SELECTION COMMITTEE'S RANKING FOR DESIGN SERVICES FOR
TRANSIT FACILITY TO BE LOCATED ON 43RD AVENUE (SENIOR RESOURCE
ASSOCIATION) 11
8.R. MISCELLANEOUS BUDGET AMENDMENT 003 12
8.S. COMMITTEE MEMBER REAPPOINTMENT/REPLACEMENT AND VACANCY REPORT 13
8.T. 2010 COMMITTEE ASSIGNMENTS 14
8.U. BLANKET AUTHORIZATION FOR COMMISSIONERS TO TRAVEL OUT OF COUNTY 14
8.V. CHOOSE LIFE LICENSE PLATE FUNDING ANNUAL AUDIT 14
8.W. FINAL PAYMENT TO KIMLEY-HORN AND ASSOCIATES, INC. FOR WORK ORDER
NO. 14 — UPGRADE OF THE SOUTH RO PLANT MEMBRANE & HIGH SERVICE
PUMP REPLACEMENT 15
8.X. CONTINUING SERVICES FOR WATER AND WASTEWATER ENGINEERING
CONSULTANTS REQUEST FOR QUALIFICATIONS - UCP -4042 15
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 16
10. PUBLIC ITEMS 16
10.A. PUBLIC HEARING 16
10.A.1 . CONTINUED LDR AMENDMENT: CONSIDERATION OF PROPOSED AMENDMENTS
TO THE RS -6, RT -6, RM -6, RM -8, AND RM -10 MAXIMUM BUILDING
COVERAGE REGULATIONS CHAPTER 911 (LEGISLATIVE) 16
10.B. PUBLIC DISCUSSION ITEMS 17
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January 5, 2010
10.B.1. REQUEST TO SPEAK FROM CHARLIE WILSON REGARDING VERO ELECTRIC
COUNTY CUSTOMERS 17
10.C. PUBLIC NOTICE ITEMS -NONE 20
11. COUNTY ADMINISTRATOR MATTERS -NONE 20
12. DEPARTMENTAL MATTERS 20
12.A. COMMUNITY DEVELOPMENT -NONE 20
12.B. EMERGENCY SERVICES -NONE 20
12.C. GENERAL SERVICES -NONE 20
12.D. HUMAN RESOURCES 20
12.D.1 COUNTY ATTORNEY SELECTION 20
12.E. HUMAN SERVICES -NONE 22
12.F. LEISURE SERVICES -NONE 22
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 22
12.H. RECREATION -NONE 22
12.I. PUBLIC WORKS 22
12.I.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 22
12.J. UTILITIES SERVICES 23
12.J.1. RENEWAL OF LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY BETWEEN
SEA OAKS PROPERTY OWNERS ASSOCIATION, INC. AND INDIAN RIVER COUNTY 23
12.J.2. RIVER CLUB AT GRAND HARBOR, REPLACE POLYBUTYL WATER SERVICES,
APPROVAL OF WORK AUTHORIZATION DIRECTIVE No. 2009-003 BY SHELTRA
& SONS SON CONSTRUCTION CO., INC. UCP No. 4032 24
12.J.3. SPOONBILL MARSH WETLAND FACILITY - UCP 2785 CHANGE ORDER NO. 4
FOR TIM TIMOTHY ROSE CONTRACTING, INC. 25
12.J.4. REGIONAL RESIDUALS DEWATERING FACILITY OPERATIONS CONTRACT
EXTENSION 26
12.J.5. REUSE RATE STUDY/RATE RECOMMENDATION 26
13. COUNTY ATTORNEY MATTERS 29
13.A. MCGRIFF SHIP LOAN 29
13.B. MOVED FROM 8.G. 31
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January 5, 2010
COMPROMISE OF BARTON CODE ENFORCEMENT LIEN 31
14. COMMISSIONER ITEMS 32
14.A. COMMISIONER PETER D. O'BRYAN, CHAIRMAN -NONE 32
14.B. VICE CHAIRMAN BOB SOLARI-NONE 32
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 32
14.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 32
14.E. COMMISSIONER GARY C. WHEELER -NONE 32
15. SPECIAL DISTRICTS AND BOARDS 32
15.A. EMERGENCY SERVICES DISTRICT -NONE 32
15.B. SOLID WASTE DISPOSAL DISTRICT 32
15.B.1 . ENGINEERING WORK ORDER NO. 25 TO GEOSYNTEC CONSULTANTS FOR
ENGINEERING AND PERMITTING SERVICES FOR FIVE YEAR LANDFILL
OPERATIONS PERMIT RENEWAL 33
15.B.2. FINAL PAYMENT AND RELEASE OF RETAINAGE TO WASTE MANAGEMENT INC.
OF FLORIDA FOR THE VERTICAL EXPANSION AND PARTIAL CLOSURE OF CLASS
I LANDFILL AND BORROW POND CONSTRUCTION PROJECTS 33
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 33
16. ADJOURNMENT 33
5
January 5, 2010
JEFFREY K. BARTON
Clerk to the Board
January 5, 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 5, 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
•
delivered the Invocation.
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January 5, 2010
, Commissioner Davis
3. PLEDGE OF ALLEGIANCE
Commissioner Gary C. Wheeler 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 8. G. COMPROMISE OF BARTON CODE ENFORCEMENT LIEN TO ITEM
13.B. COUNTY ATTORNEY MATTERS
DELETION.' ITEM 8.P. SANDRIDGE GOLF COURSE SNACK BAR CONTRACT MODIFICATION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS -NONE
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF NOVEMBER 3, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of November 3, 2009. There were none.
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January 5, 2010
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously approved
the Minutes of the Regular Meeting of November 3, 2009,
as written.
6.8. REGULAR MEETING OF NOVEMBER 10, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of November 10, 2009. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Regular Meeting of November 10,
2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. CITY OF SEBASTIAN, ORDINANCE NO. 0-09-06 - BRIDGETON REAL FUND LP
ANNEXATION; ORDINANCE No. 0-09-07-BRIDGETON REAL FUND LP LAND
USE; AND ORDINANCE No. 0-09-08-BRIDGETONREAL FUND LP REZONING
ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.B. CITY OF FELLSMERE ORDINANCE 09-22, ANNEXATION OF. 58 ACRES MORE
OR LESS, LOCATED AT 12645/12665 COUNTY ROAD 512, is ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
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January 5, 2010
8. CONSENT AGENDA
Vice Chairman Solari requested Item 8.R. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES DECEMBER 4, 2009 TO DECEMBER
10 2009
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of December 4, 2009 to
December 10, 2009, as recommended in the memorandum
of December 10, 2009.
8.B. APPROVAL OF WARRANTS AND WIRES DECEMBER 11, 2009 TO
DECEMBER 17, 2009
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of December 11, 2009 to
December 17, 2009, as requested in the memorandum of
December 17, 2009.
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January 5, 2010
8. C. AUTHORIZATION FOR COMMISSIONERS AND STAFF TO TRAVEL TO THE
CRISIS LEADERSHIP FOR LOCAL OFFICIALS EMERGENCY MANAGEMENT
TRAINING PROGRAM AT INDIAN RIVER STATE COLLEGE, FT. PIERCE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
out -of -County travel for Commissioners and staff to attend
the Crisis Leadership for Local Officials Emergency
Management Training Program to be held at the Indian
River State College Ft. Pierce campus, on January 25-26,
2010, as recommended in the memorandum of December
21, 2009.
8.D. AUTHORIZATION FOR COMMISSIONERS AND STAFF TO TRAVEL TO THE
ANNUAL FLORIDA REGIONAL COUNCILS ASSOCIATION CONFERENCE IN
TALLAHASSEE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
out -of -County travel for Commissioners and staff to attend
the annual "Florida Regional Councils Association"
(FRCA) conference, to be held in Tallahassee, Florida on
January 14-15, 2010, as recommended in the
memorandum of December 18, 2009.
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January 5, 2010
8.E. AUTHORIZATION TO ATTEND CONFERENCE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized Commissioners and staff to attend the
"NACo's (National Association of Counties) 2010
Legislative Conference", to be held on March 6-10, 2010,
in Washington, D.C., as recommended in the
memorandum of December 10, 2009.
8.F. PROCLAMATION AND RETIREMENT AWARD HONORING ROGER DION ON
HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF SANDRIDGE GOLF CLUB
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Proclamation and Retirement Award honoring Roger
Dion on his retirement from the Indian River County
Board of County Commissioners Department of Sandridge
Golf Club.
8.G. COMPROMISE OF BARTON CODE ENFORCEMENT LIEN
Moved and referred to hereinafter as Item 13.B. County Attorney Matters
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January 5, 2010
8.H. REQUEST TO ADVERTISE FOR PUBLIC HEARING TO AMEND ORDINANCE
No. 98-27 REGARDING PAYMENT OF BOND FEE FOR CERTAIN
CONSTITUTIONAL OFFICERS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized advertisement of the draft Ordinance,
amending Ordinance No. 98-27 pertaining to surety bond
requirements for certain Constitutional Officers, for a
Public Hearing on February 2, 2010, as recommended in
the memorandum of December 23, 2009.
8.1. APPROVAL OF AMENDMENT No. 2 TO DEP AGREEMENT NO. LP6 734
FOR EGRET MARSH REGIONAL STORMWATER PARK
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 2 to DEP Agreement No. LP6734 (for
Egret Marsh Regional Stormwater Park) and authorized
the Chairman to execute it on behalf of the County;
afterwards, the agreement will be executed by the Florida
Department of Environmental Protection, as stated and
recommended in the memorandum of December 14, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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January 5, 2010
8.1 A WARD OF BID # 2010014 - IRC PROJECT NO. 0541 ROAD WIDENING OF
20TH AVENUE SW FROM 25TH STREET SW TO 21ST STREET SW, TIMOTHY
ROSE CONTRACTING, INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
to award the contract for road widening of 20th Avenue
SW to Timothy Rose Contracting, Inc., in the amount of
$529,633.22 as recommended in the memorandum of
December 8, 2009.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. FINAL PAYMENT TO MORGAN AND EKL UND, INC. WORK ORDER NO. 6,
CONTINUING PROFESSIONAL SURVEYING & MAPPING/GIS SERVICES
CONTRACT 0725, SECTOR 3 BEACH RESTORATION — LEGAL
DESCRIPTIONS AND SKETCHES FOR TEMPORARY CONSTRUCTION
EASEMENTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
final payment of Invoice No. 1-09-1100 in the amount of
$26,800 to Morgan and Eklund, Inc. for Sector 3 Beach
Restoration Temporary Construction Easements, as
recommended in the memorandum of December 18, 2009.
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January 5, 2010
8.L. CHANGE ORDER No. 2 - SHELTRA AND SON CONSTRUCTION, INC., 12TH
STREET SIDEWALK— 43RD AVENUE TO 27THAVENUE (SIDEWALK
EXTENSION) BID NUMBER 2008080, PROJECT NUMBER 0604
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 2 to Sheltra and Son Construction, Inc.,
for 12th Street sidewalk expansion, thereby increasing the
contract amount by $99,969.25 to the new contract
amount of $397,223.25, as recommended in the
memorandum of December 17, 2009.
8.M. RIGHT-OF-WAY ACQUISITION, JACK AND JENNETTE BUCKNER, 5755 58771
AVENUE, VERO BEACH
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, the $5,000.00 purchase, and authorized
the Chairman to execute the Agreement to Purchase and
Sell Real Estate with Jack Buckner and Jennette Buckner,
for right-of-way at 45th Street and 58th Avenue, as
recommended in the memorandum of December 17, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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January 5, 2010
8.N. APPROVAL OF MASTER AGREEMENT AND WORK ORDER No. 1 FOR
SEDIMENTATION SYSTEM DREDGING AT THE MAIN RELIEF CANAL
POLLUTION CONTROL FACILITY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved and authorized the Chairman to execute the
revised Master Agreement and Work Order No. 1 with
EMC, Inc. for dredging at the Main Relief Canal Pollution
Control Facility; and (2) authorized staff to enter into
future Work orders up to the cumulative yearly contract
amount, without the need to first request Board approval,
as recommended in the memorandum of December 17,
2009.
DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. REQUEST FOR QUALIFICATIONS FOR HEALTH INSURANCE/EXCESS Loss
REINSURANCE BROKERAGE AND ACTUARIAL SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized staff to issue a Request for Qualifications
(RFQ) for Health Insurance/Excess Loss Reinsurance
Brokerage and Actuarial Services, as recommended in the
memorandum of December 23, 2009.
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January 5, 2010
8.P. SANDRIDGE GOLF COURSE SNACK BAR CONTRACT MODIFICATION
Deleted
8.0. APPROVAL OF SELECTION COMMITTEE'S RANKING FOR DESIGN
SERVICES FOR TRANSIT FACILITY TO BE LOCATED ON 43RD AVENUE
(SENIOR RESOURCE ASSOCIATION)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the final ranking as submitted: (1) Schulke, Bittle and
Stoddard, LLC, Vero Beach, Florida; (2) Donadio and
Associates, Vero Beach, Florida; and (3) Edlund
Dritenbas Binkley, Vero Beach, Florida, and authorized
staff to initiate contract negotiations with the top ranked
firm, Schulke, Bittle & Stoddard, LLC, Vero Beach,
Florida (for design services for transit facility for the
Senior Resource Association f/k/a/ Council on Aging),
with the understanding that should no agreement be
reached, staff would proceed to the next ranked firm, etc.
Upon the conclusion of such negotiations, staff will return
with a draft contract for the Board's review and approval,
all as stated and recommended in the memorandum of
December 28, 2009.
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January 5, 2010
B.R. MISCELLANEOUS BUDGET AMENDMENT 003
Vice Chairman Solari was uncertain of the value that the outside law firm of Shubin and
Bass, P.A., was currently contributing to the DiVosta/Waterway litigation process, which has
been ongoing for some time. He referred to fees already disbursed to the Shubin and Bass, P.A.,
and questioned the appropriation of an additional $11,000 from the M.S.T.U.
Fund/Reserve/Reserve for Contingency fund for further legal expenses associated with the
subject attorney's handling of the DiVosta/Waterway lawsuit.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to approve
Miscellaneous Budget Amendment 003, except for Item 5,
the proposed $11,000 appropriation from the M.S.T.U.
Fund/Reserve/Reserve for Contingency fund to the
M.S.T. U. Fund/County Planning/Legal Services fund for
legal service expenses for Shubin and Bass, P.A., and to
direct the County Attorney to come back on January 12,
2010, with a recommendation on whether the Board
should continue retaining Shubin and Bass, P.A., for the
DiVosta/Waterway Village lawsuit.
County Attorney Collins provided a brief update on the DiVosta/Waterway litigation and
explained the function of Shubin and Bass, P.A., relative to the subject lawsuit. He pointed out
that Shubin and Bass was working on three other County cases which are close to being
finalized, and he did not want to remove them from those cases.
Commissioner Wheeler agreed with Attorney Collins that it was not the time to
discontinue the services of Shubin and Bass, P.A., as the DiVosta case needs to be brought to a
conclusion; however, he concurred with Vice Chairman Solari's Motion to approve the budget
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January 5, 2010
amendment without Item 5, which could be deferred until next week.
Responding to questions from Commissioner O'Bryan, staff provided estimates of
anticipated costs for Shubin and Bass, P.A. for wrapping up the lawsuit this year, and advised
that although about 90% of the remainder of the work on the lawsuit can be done in-house,
Shubin and Bass, P.A. would be required to close out the case in court.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved: (1)
Resolution 2010-001, except for Item 5, the proposed
$11,000 appropriation from the M.S.T.U.
Fund/Reserve/Reserve for Contingency fund to the
MS.T.U. Fund/County Planning/Legal Services fund for
legal service expenses for Shubin and Bass, P.A.,
amending the Fiscal Year 2009-2010 Budget; and (2)
directed the County Attorney to come back on January 12,
2010, with a recommendation on whether the Board
should continue retaining Shubin and Bass, P.A., for the
DiVosta/Waterway Village lawsuit.
8.S. COMMITTEE MEMBER REAPPOINTMENT/REPLACEMENT AND VACANCY
REPORT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
reappointed or replaced 2009 Advisory Committee
members listed on page 119 of staff's report; and (2)
reappointed and/or directed staff to solicit/provide
applications for those positions chosen for replacement.
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January 5, 2010
Staff recommends that the Board review the vacancies and
have recommendations for appointees in order to take
action at the January 19, 2010 Board of County
Commission meeting, all as stated and recommended in
the memorandum of December 29, 2009.
8.T. 2010 COMMITTEE ASSIGNMENTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the 2010 Committee Assignments for each Commissioner
(copy on file) as recommended in the memorandum of
December 28, 2009.
8.U. BLANKET AUTHORIZATION FOR COMMISSIONERS TO TRAVEL OUT OF
COUNTY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
for Commissioners to travel out of County for all current
and any future assigned committee meetings, including
travel to Tallahassee, Florida, as recommended in the
memorandum of December 28, 2009.
8. V. CHOOSE LIFE LICENSE PLATE FUNDING ANNUAL AUDIT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Annual Choose Life Specialty License Plate Report
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January 5, 2010
and authorized the Chairman to execute the Report for
submittal to the Department of Highway Safety and Motor
Vehicles, as recommended in the memorandum of
December 21, 2009.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.W. FINAL PAYMENT TO KIMLEY-HORNAND ASSOCIATES, INC. FOR WORK
ORDER No. 14 - UPGRADE OF THE SOUTH RO PLANT MEMBRANE &
HIGH SERVICE PUMP REPLACEMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment for Work Order No. 14 to Kimley-Horn and
Associates, Inc. for a final payment of $690.00, for
upgrade of the South RO Plant, as recommended in the
memorandum of December 22, 2009.
8.X. CONTINUING SERVICES FOR WATER AND WASTEWATER ENGINEERING
CONSULTANTS REQUEST FOR QUALIFICATIONS — UCP -4042
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the solicitation of Request for Qualifications (RFQs) for
Continuing Consulting services (water and wastewater
engineering), as recommended in the memorandum of
December 2, 2009.
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January 5, 2010
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
10.A.1. CONTINUED LDR AMENDMENT: CONSIDERATION OF PROPOSED
AMENDMENTS TO THE RS -6, RT -6, RM -6, RM -8, AND RM -10 MAXIMUM
BUILDING COVERAGE REGULATIONS CHAPTER 911 (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling recapped the memorandum of December 15, 2009 to
provide background and analysis on the requests of Jim Adams, Vice President of Ameritrend
Homes, and Chuck Mechling, representing Onsite Management Group, to increase the maximum
building coverage requirements for single -story homes on RS -6 lots from 30% to 40% of the lot
area. Director Boling conveyed that this item was opened at the December 15, 2009 Board of
County Commission meeting, and deferred until January 5, 2010, and that the Professional
Services Advisory Committee (PSAC) and the Planning and Zoning Commission (PZC) had
both recommended adoption of the proposed amendments to the Land Development Regulations,
and that PZC's recommendation that homes with "bonus rooms" be treated as two-story homes,
has been incorporated into the draft Ordinance. He thereafter conveyed staff s recommendation
for Board adoption of the proposed Ordinance, amending Chapter 911, to increase the maximum
building coverage regulations for single -story homes, for zoning districts RS -6 (as requested by
Mr. Mechling and Mr. Adams), RT -6, RM -6, RM -8, and RM -10.
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January 5, 2010
The Chairman opened the Public Hearing. There being no speakers, the Chairman closed
the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Ordinance 2010-001, concerning an amendment to its
Land Development Regulations (LDR); providing for
amendments to Chapter 911, Zoning, by amending Single
Family Residential District size and dimension criteria
Section 911.07(7), and by amending Multi -Family
Residential District size and dimension criteria Section
911.08(7); by providing for repeal of conflicting
provisions; codification; severability; and effective date.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM CHARLIE WILSON REGARDING VERO
ELECTRIC COUNTY CUSTOMERS
Charles Wilson, 1057 6th Avenue, used a PowerPoint presentation (copy on file) to
provide background information and supporting data on his request for the Board to help find a
solution to the problem of the high rates being imposed by the Vero Beach Electric Utility on
County residents living outside of the Vero Beach City Limits. He reported that recently, the
City of Vero Beach contracted with the Orlando Utilities Commission (OUC) as its new electric
provider; however, there have been some concerns about the validity of the contract, which he
requested the Board review.
Vice Chairman Solari recapped some of the Board's prior actions relating to utility issues
with Vero Electric, including the Board's approval on December 1, 2009, of Resolution 2009-
175, which assigned additional powers and duties to the Utility Advisory Committee (UAC),
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January 5, 2010
including authority to consider utility matters, including electric franchise matters. He advised
Mr. Wilson that the proper course of action would be to make a presentation to the Utility
Advisory Committee UAC, who could, after its deliberations, suggest a path forward for the
County Commission.
Mr. Wilson acknowledged the support of the County Commission in this matter thus far;
however, he felt the Board needed to become an active participant at this time due to the
following deadlines: (1) On January 1, 2010, the City of Vero Beach entered into a 20 -year
contract with the Orlando Utilities Commission (OUC) , which could be voided if challenged in
Circuit Court; and (2) the Board has a unique opportunity to join the action initiated by Dr.
Stephen J. Faherty and Glenn F. Heran, who have recently filed suit against the City of Vero
Beach Electric Utility to the Public Service Commission.
The Commissioners discussed Mr. Wilson's presentation and considered his requests.
County Attorney William Collins responded to Mr. Wilson's first entreaty, and provided
legal opinion that the County would have no legal standing to initiate an action to invalidate the
contract between the City of Vero Beach and the Orlando Utilities Commission.
Commissioners continued to discuss this matter, with no support given for Mr. Wilson's
second request for the Commissioners to join the Faherty/Heran lawsuit against the City of Vero
Beach.
Commissioner Flescher, Commissioner Liaison to the Utility Advisory Committee,
invited Mr. Wilson to make a presentation at the next UAC meeting.
Commissioner Davis agreed with Commissioners Solari and Flescher, that the right path
would be to have Mr. Wilson speak to the UAC.
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January 5, 2010
Commissioner Wheeler wanted to see the County, State Legislature, the City of Vero
Beach, and the Town of Indian River Shores, work together to resolve the utility issues in a
positive manner.
Chairman O'Bryan reviewed Section 12 of the County's Franchise Agreement with the
City of Vero Beach, which allows the franchise territory to be amended, if approved by the
Public Service Commission. He asked Mr. Wilson to bring before the UAC, the possibility of
the County asking Florida Power and Light (FPL) to conduct a study on what would be required
for FPL to service the unincorporated areas of the County currently being served by the City of
Vero Beach. If that looks reasonable, the County would ask FPL to petition the Public Service
Commission to amend the Service Territory Agreement as allowed by State law, which would
place the aforementioned County residents into FPL territory. Commissioner O'Bryan also
requested that the County Attorney review the Franchise Agreement between the County and the
City of Vero Beach to see whether the City can use County land for their utilities services if the
Franchise Agreement is not renewed.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman O'Bryan, to direct the
County Attorney to review the County's Franchise
Agreement with the City of Vero Beach, including
exploring what would the legal ramifications be if the
Franchise Agreement is not extended after 2017.
Chairman O'Bryan noted that the County must decide by March 2012 whether to renew
the Franchise Agreement with the City of Vero Beach.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed the
County Attorney to review the County's Franchise
Agreement with the City of Vero Beach, including
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January 5, 2010
exploring what would the legal ramifications be if the
Franchise Agreement is not extended after 2017.
Chairman O'Bryan thanked Mr. Wilson for his presentation and asked him to ensure that
he is placed on the agenda for the next Utility Advisory Committee meeting.
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12.B. EMERGENCY SERVICES -NONE
12. C GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES
12.D.1. COUNTY ATTORNEY SELECTION
Director of Human Resources Jim Sexton reported that each Commissioner has
interviewed the three top candidates, Alan S. Polackwich, Thomas Spencer, and Michael Zito,
for the position of County Attorney, which becomes vacant in March 2010 when current County
Attorney William G. Collins II retires. He invited the Commissioners to proceed with their
selection of the top candidate for the position.
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January 5, 2010
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to select Alan S.
Polackwich for the position of County Attorney, which
will become vacant upon the retirement of current County
Attorney William G. Collins II, on March 17, 2010.
Commissioner Davis suggested ranking the remaining candidates in order of preference
should negotiations with Attorney Polackwich fail. The Commissioners accordingly agreed to
make a second Motion, following the vote on Commissioner Wheeler's Motion.
Under discussion, Board members confirmed the suitability of all three candidates;
affirmed support for Attorney Polackwich; and praised Director Sexton for his expeditious
handling of this matter.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
selection of Alan S. Polackwich for the position of County
Attorney, which will become vacant upon the retirement
of current County Attorney William G. Collins II, on
March 17, 2010.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the selection of Thomas Spencer as the Number 2 choice,
and Michael Zito as the Number 3 choice, for the position
of County Attorney, should negotiations fail with Attorney
Polackwich.
A brief discussion ensued between Commissioners and Director Sexton regarding the
terms which would be written into the contract, including the starting date for Attorney
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January 5, 2010
Polackwich, during which he would work for a short time concurrently with Attorney Collins.
Director Sexton divulged that a total package of $175,000 would be offered, with the contract
terms to be ironed out with the candidate; after which, he (Director Sexton) would return with
the employment contract at the January 19, 2010 Board of County Commission meeting.
12. E. HUMAN SERVICES -NONE
12. F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.1. PUBLIC WORKS
12.1.1. STAFF UPDATE — SECTOR 3 BEACH RENOURISHMENT PROJECT
Coastal Resource Manager Jonathan Gorham advised that staff was currently finalizing
both permit and contract items for the construction of Phase I of the Sector 3 Beach Restoration
Project, with February 1, 2010, as the anticipated start date. He reported that the Florida
Department of Environmental Protection (FDEP) issued a Notice of Completeness for the Sector
3 State Permit application on December 22, 2009, and has committed to issuing the County's
Draft Permit and Notice of Intent to Issue (NOITI) by January 8, 2010. He noted that one more
item, a Preconstruction Conference (which is being scheduled), is required prior to the FDEP's
issuance of the Notice To Proceed. He also conveyed that the Erosion Control Line (ECL)
process would be completed by February 1, 2010. Dr. Gorham stated that staff would, at a future
date, be coming forward with several contractual items for Board approval, including a Contract
Award to Ranger Construction and some Change Orders to reflect changes in the work since the
Project was bid.
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January 5, 2010
Dr. Gorham announced that he would be leaving the County's employ to work full-time
on marine research and conservation. He praised the sound and environmentally responsible
way the County has executed its coastal protection projects.
Chairman O'Bryan thanked and expressed appreciation to Dr. Gorham for his
outstanding service to the County.
12.J. UTILITIES SERVICES
12.J.1. RENEWAL OF LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY
BETWEEN SEA OAKS PROPERTY OWNERS ASSOCIATION, INC. AND INDIAN
RIVER COUNTY
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to renew the
License Agreement for use of County Property between
Sea Oaks Property Owners Association, Inc. and Indian
River County.
Vice Chairman Solari expressed his satisfaction with the contract language.
Responding to concerns expressed by Commissioner Davis, Director of Utilities Erik
Olson provided further details about the length of the contract between the County and Sea Oaks
Property Owners Association, Inc.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved and
authorized the Chairman to execute the renewal of the
License Agreement for use of County Property (unused
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January 5, 2010
portion of the County's wastewater treatment facility)
between Sea Oaks Property Owners Association, Inc.
(SOPOA), and Indian River County, as recommended in
the memorandum of December 28, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.2. RIVER CLUB AT GRAND HARBOR, REPLACE POLYBUTYL WATER
SERVICES, APPROVAL OF WORK AUTHORIZATION DIRECTIVE No. 2009-
003 BYSHELTRA & SONS SON CONSTRUCTION CO., INC. UCP No. 4032
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Vice Chairman Solari, to approve the
project (River Club at Grand Harbor replacement of water
service lines) at a total estimated cost of $88,308.18, and
to authorize the Chairman to execute Work Authorization
Directive No. 2009-003 to the Utilities Department Labor
Contractor, Sheltra & Son Construction Co., Inc., for
$62,587.25.
Director Olson told Commissioners that some of the water service lines in River Club at
Grand Harbor had been replaced by Utility Operations staff; however, because of the delayed
timing for pavement repair, staff would like to have the remaining repairs completed by Sheltra
& Son Construction Co., Inc.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
project (River Club at Grand Harbor replacement of water
service lines) at a total estimated cost of $88,308.18, and
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January 5, 2010
authorized the Chairman to execute Work Authorization
Directive No. 2009-003 to the Utilities Department Labor
Contractor, Sheltra & Sons Construction Co., Inc., for
$62,587.25.
WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.3. SPOONBILL MARSH WETLAND FACILITY— UCP 2785 CHANGE ORDER
No. 4 FOR 74244 TIMOTHY ROSE CONTRACTING, INC.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to approve
Change Order No. 4 to Timothy Rose Contracting, Inc., as
presented for an amount of $19,494.00.
Director Olson responded to the Commissioner's questions regarding the status of the
project.
After checking with Attorney Collins on the propriety of having the Board members tour
the Spoonbill Marsh Wetland Facility, Commissioners requested that Director Olson arrange to
have a tour for them and to also invite the press.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved and
authorized the Chairman to execute Change Order No. 4
to Timothy Rose Contracting, Inc., (for Spoonbill Marsh
Wetland Facility mitigation project - Lost Tree Islands), as
presented for an amount of $19,494.00, as recommended
in the memorandum of December 10, 2009.
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January 5, 2010
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.14. REGIONAL RESIDUALS DEWATERING FACILITY OPERATIONS CONTRACT
EXTENSION
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to approve the
contract extension with Synagro South, LLC for a
maximum of six (6) months through August 31, 2010.
Director Olson advised that the operations of the new County sludge/septic dewatering
facility being constructed at the Landfill are being put out to bid. However, there is a two-month
gap between the expiration of the existing contract with Synagro South, LLC, and the start up of
the new facility, and Synagro has agreed to honor their existing contract in order to maintain
operations through the transition period between the existing and new facilities.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved and
authorized the Chairman to execute the contract extension
with Synagro South, LLC, for a maximum of six (6)
months through August 31, 2010 (for sludge dewatering
and hauling services at the Landfill), as presented and
recommended in the memorandum of December 22, 2009.
CONTRACT EXTENSION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12...5. REUSE RATE STUDY/RATE RECOMMENDATION
Assistant Director of Utility Services Cindy Corrente recalled that on July 21, 2009, the
Board had granted approval for Camp Dresser and McKee (CDM) to conduct a Reclaimed Water
26
January 5, 2010
Rate Study on the current reuse water system. She explained that reuse water had initially been
regarded as a disposal process for wastewater plant effluent, but due to the current environment
and the shortage of water supplies, reuse water is now regarded as a commodity; as such, staff
feels it timely to review the rate structure and the reuse program, and look at recouping some of
the expenses, as well as providing an alternate water supply.
Dan Anderson, representing Camp Dresser and McKee (CDM), provided an overview of
the rate study and recommended that the County adopt a uniform reuse water rate of $ .56 cents
per thousand gallons for the five-year period of 2010, 2011, 2012, 2013, and 2014.
Chairman O'Bryan asked whether, with the current rate of $ .15 cents per thousand
gallons, the County was experiencing an annual deficit in the reuse budget, and Mr. Anderson
confirmed that this was so.
Chairman O'Bryan said that it appears that the County would retain an operating deficit
in 2010 at the suggested rate of $ .56 cents per thousand gallons, but would have an operating
surplus over the following four years, and wanted to know if the surplus would make up for the
first year's deficit.
Mr. Anderson stated that it essentially would, but recommended reviewing the rate per
thousand gallons every two years for fine-tuning as required.
Further discussion ensued, with Commissioners, staff, and Mr. Anderson emphasizing
that reuse water was historically viewed as effluent disposal, but is now being recognized as a
valuable resource.
Commissioner Davis's query on what created the deficit sparked a detailed discussion as
Commissioners, staff, and Mr. Anderson provided comments and analysis on the reason for the
deficit, and considered how to neutralize it.
27
January 5, 2010
Vice Chairman Solari explained why he felt the proposed $ .56 cents per thousand gallon
rate would not be sufficient to cover the costs of the reuse program, and suggested the County
adopt a somewhat higher rate.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Wheeler, for discussion,
to accept the Reclaimed Water Rate Study Report,
amended to establish a reuse rate of $.75 cents per
thousand gallons.
Board members expressed their opinions on whether the $ .75 cents per thousand gallon
rate proposed by Commissioner Solari would be fair, or whether it would discourage existing
and prospective reuse water customers from taking advantage of the alternative water resource.
Administrator Baird outlined some possible mechanisms to implement, in order to arrive
at a fair and defensible reuse rate, such as increasing the allowance percentage for renewal and
replacement (R&R) from 5% to 10%.
A brief discussion ensued regarding the City of Vero Beach's reuse utility, which has no
problem disposing of their reuse water, and in fact, has a waiting list, despite the higher cost of
their product.
Commissioner Wheeler wanted to get a better idea of the costs of the reuse water service,
to better evaluate what a fair rate would be for the consumer and the County. He wanted staff to
bring this item back with additional information on January 19, 2010, and asked Vice Chairman
Solari if he would amend his Motion accordingly.
Vice Chairman Solari agreed, and the following action was taken:
28
January 5, 2010
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to direct staff to
look forward over the five-year period of 2010, 2011,
2012, 2013, and 2014, and return with more information
regarding the Reuse Water Rate Study to the BCC meeting
of January 19, 2010.
The Chairman recapped the Motion and established that no further discussion was
required.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed staff to
look forward over the five-year period of 2010, 2011,
2012, 2013, and 2014, and return with more information
regarding the Reuse Water Rate Study to the BCC meeting
of January 19, 2010.
Administrator Baird sought and received clarification on the items which the Board
wished to have staff incorporate into its next presentation on this matter.
The Chairman called a break at 10:55 a.m. and reconvened the meeting at 11:06 a.m.,
with all members present.
13. COUNTY ATTORNEY MATTERS
13.A. MCGRIFF SHIP LOAN
County Attorney William Collins explained that Yolanda Elaine McCloud McGriff had
been granted a SHIP Loan of $20,330 on her property located at 343 7th Court SW as a second
mortgage, and that she had subsequently passed away, leaving total estate assets of $1,583.43.
29
January 5, 2010
He advised that the representatives of the McGriff Estate were asking the County to either accept
the $1,583.43 and record a satisfaction of the County mortgage, or to distribute the estate assets
to Ms. McGriff's family, withdraw the County's claim against the estate, and take any available
proceeds upon the sale of the house. He thereafter presented analysis of the request and staff's
recommendation for the Board to accept the total McGriff Estate assets of $1,583.43 and record
a "Satisfaction of Mortgage."
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to take the total
estate assets of $1,583.43 for the Estate of Yolanda Elaine
McCloud McGriff, and record a satisfaction of the County
mortgage.
Commissioner Davis stated that before he was able to make a decision, he wanted to see
if the non-profit organization, Habitat for Humanity, would be interested in purchasing the home.
A brief discussion ensued between Commissioners and Attorney Collins regarding the
feasibility of Habitat for Humanity being interested in the home.
Attorney Collins pointed out that in order for the County to recoup its $20,330, the
McGriff home would have to sell for $79,000 or $80,000, and it was unlikely Habitat for
Humanity would pay that much over the market value.
Commissioner Davis reiterated that he would like to explore the possibility of Habitat for
Humanity finding a buyer for the home.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners O'Bryan and Davis opposed), the
Board authorized Option 1, to take the total estate assets of
$1,583.43 (for the Estate of Yolanda Elaine McCloud
30
January 5, 2010
McGriff), and record a satisfaction of the County
mortgage, as recommended in the memorandum of
December 28, 2009.
13.B. MOVED FROM 8.G.
COMPROMISE OF BARTON CODE ENFORCEMENT LIEN
(Clerk's Note: This item was moved from, and originally designated as Item 8.G., and
was redesignated as County Attorney Matters, Item 13.B.)
County Attorney William Collins provided a brief history of the property located at 2025
Surfside Terrace, formerly owned by Lewis Barton and acquired during foreclosure by City First
Mortgage Corporation. He reported that the County currently holds a $253,000 Code
Enforcement lien on the subject property, and that City First has requested that the County
reduce the lien to $60,000. Attorney Collins had advised City First that the County would
support a reduction to the $80,000 to $100,000 range, but subsequently, he had received a verbal
offer (via telephone) of $82,000 from a Title Company interested in satisfying the lien. After
explaining why he supports the verbal offer, Attorney Collins presented staff's recommendation
to authorize a Satisfaction of Lien upon receipt of the $82,000 from the Title Company.
Commissioners Davis and Wheeler expressed the desire to see the property revert back to
residential use; however, they did not want to take any action without obtaining further
information to justify the price being offered.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to deny staff's
recommendation to accept the Title Company's verbal
offer of $ 82,000.
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January 5, 2010
Responding to questions from the Commissioners, Attorney Collins provided further
details on the lien, after which the following action was taken:
The Chairman CALLED THE QUESTION, and the
Motion unanimously carried. The Board DENIED staff's
recommendation to accept the Title Company's verbal
offer of $ 82,000 to satisfy the Code Enforcement lien on
property located at 2025 Surfside Terrace and foreclosed
by City First Mortgage Corporation.
14. COMMISSIONER ITEMS
14.A. COMMISIONER PETER D. O'BRYAN, CHAIRMAN -NONE
14.B. VICE CHAIRMAN BOB SOLARI-NONE
14. C. COMMISSIONER WESLEY S. DAVIS-NONE
14. D. COMMISSIONER JOSEPH E. FLESCHER-NONE
14. E. COMMISSIONER GARY C. WHEELER -NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
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January 5, 2010
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
Solid Waste Disposal District. Those Minutes are being prepared separately.
15.B.1. ENGINEERING WORK ORDER No. 25 TO GEOSYNTEC CONSULTANTS FOR
ENGINEERING AND PERMITTING SERVICES FOR FIVE YEAR LANDFILL
OPERATIONS PERMIT RENEWAL
15.B.2. FINAL PAYMENT AND RELEASE OF RETAINAGE TO WASTE MANAGEMENT
INC. OF FLORIDA FOR THE VERTICAL EXPANSION AND PARTIAL CLOSURE
OF CLASS I LANDFILL AND BORROW POND CONSTRUCTION PROJECTS
15. C. ENVIRONMENTAL CONTROL BOARD -NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 11:17
a.m.
ATTEST:
Jeffrey ' . Barton, Clerk
January 5, 2010
.
Peter D. O'Bryan, Chairman
/4 oto/d
33
Minutes Approved:
BCC/MG/2009Minutes
34
January 5, 2010