HomeMy WebLinkAbout03/16/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MARCH 16, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
DELETION: ITEM 10.B.1. REQUEST TO SPEAK FROM DONALD PERRIN,
VETERAN, REGARDING BAN ON AIR BLOWER HAND DRIER, REQUIRE HEALTH
CARDS FOR FOOD HANDLERS, ENFORCE ENGLISH AS LANGUAGE OF U.S.
CITIZENS, AND ENFORCE IMMIGRATION LAWS 2
DELETION: ITEM 10.B.3. REQUEST TO SPEAK FROM STEVEN SANDERS,
SANDBAR TRUCKING LLC, REGARDING 82ND AVENUE 2
DELETION: ITEM 15.B.1. REQUEST TO PARTNER WITH SUSTAINABLE INDIAN
RIVER, INC., FOR A COMPOST DEMONSTRATION PROJECT & EPA GRANT
SUBMITTAL 2
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March 16, 2010
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF CORRECTIONS DEPUTY OF THE YEAR AWARD TO SERGEANT
JAY CIRINO BY SHERIFF DERYL LOAR 2
5.B. PRESENTATION OF LAW ENFORCEMENT DEPUTY OF THE YEAR AWARD TO
DEPUTY BRIAN REIMSNYDER BY SHERIFF DERYL LOAR 3
5.C. PRESENTATION OF VOLUNTEER OF THE YEAR AWARD TO DAVE WERNER BY
SHERIFF DERYL LOAR 3
5.D. PRESENTATION OF CIVILIAN OF THE YEAR AWARD TO KELLY WALSH BY
SHERIFF DERYL LOAR 3
5.E. PRESENTATION OF PROCLAMATION HONORING THE OCEAN RESCUE DIVISION
AS THE PROUD RECIPIENTS OF THE 2009 BEACH PATROL OF THE YEAR BY THE
FLORIDA BEACH PATROL CHIEFS ASSOCIATION 3
5.F. PRESENTATION OF PROCLAMATION IN SUPPORT OF THE CENSUS 2010 4
5.G. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD TO WILLIAM G.
COLLINS, II ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS COUNTY ATTORNEY'S OFFICE WITH 22 YEARS
SERVICE 4
6. APPROVAL OF MINUTES -NONE 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. ENVIRONMENTAL SERVICES: PURCHASE ORDERS PROCESSED NOVEMBER 3RD
2009 THROUGH FEBRUARY 5TH, 2010 (MEMO No. 1) 4
7.B. FORECLOSURE SALE OF THE PARK OF COMMERCE 5
7.C. STIPULATED ORDER OF TAKE FOR RIGHT-OF-WAY PARCELS FOR 66TH AVENUE
IMPROVEMENT PROJECT 5
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES FEBRUARY 26, 2010 TO MARCH 4, 2010 6
8.B. DELETION OF CAPITAL ASSETS LESS THAN $1,000 6
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March 16, 2010
8.C. APPROVAL OF ANNUAL FINANCIAL REPORT BY COUNTY COMMISSIONERS AND
NOTICE OF CAFR (COMPREHENSIVE ANNUAL FINANCIAL REPORT)
COMPLETION 7
8.D. RESOLUTION DIRECTING NOTIFICATION TO INTERESTED MEMBERS OF THE
UNINCORPORATED GIFFORD COMMUNITY ON MATTERS OF INTEREST TO THE
GIFFORD COMMUNITY 7
8.E. REQUEST FOR APPROVAL OF MODIFICATION #1 TO THE HURRICANE WILMA
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE
GRANT AGREEMENT 8
8.F. FINAL PAYMENT - FPLES PHASE I ENERGY SAVINGS PROJECT 8
8.G. AMENDMENT No. 2 TO CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT WITH ARCADIS U.S., INC. FOR WIDENING OF 20TH AVENUE FROM
25TH STREET SW TO 21ST STREET SW, IRC PROJECT No. 0541 9
8.H. TRANSFER OF LEASE AND CONCESSION AGREEMENT WITH BETTY NOBLES
(ROSEMARY'S CAFE) 9
8.I. MISCELLANEOUS BUDGET AMENDMENT 009 10
8.J. APPROVAL TO ISSUE A REQUEST FOR PROPOSALS FOR AUCTIONEER SERVICES
FOR SALES OF SURPLUS COUNTY REAL PROPERTY 10
8.K. RETENTION OF EXPERT WITNESSES FOR ACQUISITION OF THE LAUREL HOMES
PARCEL LOCATED ON 66TH AVENUE AT 16TH STREET 1 1
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 11
10. PUBLIC ITEMS 12
10.A. PUBLIC HEARING 12
10.A.1. CONSIDERATION OF ORDINANCE TO TEMPORARILY SUSPEND IMPOSITION OF
IMPACT FEES FOR FIRE/EMERGENCY SERVICES FACILITIES, CORRECTIONAL
FACILITIES, PUBLIC BUILDINGS, LAW ENFORCEMENT, AND SOLID WASTE
FACILITIES (LEGISLATIVE) 12
10.B. PUBLIC DISCUSSION ITEMS 15
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March 16, 2010
10.B.1. REQUEST TO SPEAK FROM DONALD PERRIN, VETERAN, REGARDING BAN ON
AIR BLOWER HAND DRIER, REQUIRE HEALTH CARDS FOR FOOD HANDLERS,
ENFORCE ENGLISH AS LANGUAGE OF U.S. CITIZENS, AND ENFORCE
IMMIGRATION LAWS 15
10.B.2. REQUEST TO SPEAK FROM ED NELSON REGARDING COUNTRYSIDE WATER AND
SEWER SERVICE 15
10.B.3. REQUEST TO SPEAK FROM STEVEN SANDERS, SAND BAR TRUCKING LLC,
REGARDING 82ND AVENUE 19
10.B.4. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER BRIAN
HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS REGARDING CITY OF
VERO BEACH ELECTRIC UTILITY 19
10.C. PUBLIC NOTICE ITEMS -NONE 20
11. COUNTY ADMINISTRATOR MATTERS -NONE 20
12. DEPARTMENTAL MATTERS 20
12.A. COMMUNITY DEVELOPMENT 20
12.A.1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES 20
12.B. EMERGENCY SERVICES -NONE 21
12.C. GENERAL SERVICES -NONE 21
12.D. HUMAN RESOURCES 21
12.D.1. REQUEST FOR QUALIFICATIONS FOR HEALTH INSURANCE/EXCESS LOSS
REINSURANCE BROKERAGE AND ACTUARIAL SERVICES — COMMITTEE
RECOMMENDATION 21
12.E. HUMAN SERVICES -NONE 22
12.F. LEISURE SERVICES -NONE 22
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 22
12.11. RECREATION -NONE 22
12.I. PUBLIC WORKS 22
12.I.1. STAFF UPDATE — SECTOR 3 BEACH RENOURISHMENT PROJECT 22
12.J. UTILITIES SERVICES 23
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March 16, 2010
12.J.1. APPROVAL OF BID AWARD FOR IRC BID NO. 2010024 NORTH WATER
TREATMENT PLANT RAW WATER TRANSMISSION SYSTEM 23
12.J2. PRESENTATION - FUTURE OF SEWER AND WATER SERVICES IN INDIAN RIVER
COUNTY 24
13. COUNTY ATTORNEY MATTERS 24
13.A. CONSIDERATION OF PROPOSED SETTLEMENT BETWEEN THE CITY OF
FELLSMERE, DEPARTMENT OF COMMUNITY AFFAIRS, FELLSMERE JOINT
VENTURE, AND INDIAN RIVER COUNTY 24
14. COMMISSIONER ITEMS 25
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 25
14.A.1. APPOINTMENT TO THE COUNTY CANVASSING BOARD 25
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 26
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 26
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 26
14.E. COMMISSIONER GARY C. WHEELER 26
14.E.1. DISCUSSION ITEM - STATUS OF 2010 CENSUS 26
15. SPECIAL DISTRICTS AND BOARDS 26
15.A. EMERGENCY SERVICES DISTRICT -NONE 26
15.B. SOLID WASTE DISPOSAL DISTRICT 26
15.B.1. REQUEST TO PARTNER WITH SUSTAINABLE INDIAN RIVER, INC. FOR A
COMPOST DEMONSTRATION PROJECT & EPA GRANT SUBMITTAL 27
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 27
16. ADJOURNMENT 27
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March 16, 2010
JEFFREY K. BARTON
Clerk to the Board
March 16, 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, March 16, 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 Attorneys William G. Collins II and Alan
S. Polackwich, Sr., and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Steve Ponce Larry Boan, Central Assembly of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher led the Pledge of Allegiance to the Flag.
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March 16, 2010
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to today's Agenda:
DELETION.' ITEM 10.B.1. REQUEST TO SPEAK FROM DONALD PERRIN, VETERAN,
REGARDING BAN ON AIR BLOWER HAND DRIER, REQUIRE HEALTH CARDS FOR FOOD
HANDLERS, ENFORCE ENGLISH AS LANGUAGE OF U.S. CITIZENS, AND ENFORCE
IMMIGRATION LAWS
DELETION: ITEM 10.B.3. REQUEST TO SPEAK FROM STEVEN SANDERS, SANDBAR
TRUCKING LLC, REGARDING 82ND AVENUE
DELETION.' ITEM 15.B.1. REQUEST TO PARTNER WITH SUSTAINABLE INDIAN RIVER, INC.,
FOR A COMPOST DEMONSTRATION PROJECT & EPA GRANT SUBMITTAL
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF CORRECTIONS DEPUTY OF THE YEAR A WARD TO
SERGEANT JAY CIRINO BY SHERIFF DERYL LOAR
Sheriff Deryl Loar presented the Corrections Deputy of the Year Award to Sergeant Jay
Cirino.
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March 16, 2010
S.B. PRESENTATION OF LAW ENFORCEMENT DEPUTY OF THE YEAR A WARD TO
DEPUTY BRIAN REIMSNYDER BY SHERIFF DERYL LOAR
Sheriff Loar presented to Deputy Brian Reimsnyder the Law Enforcement Deputy of the
Year Award.
Award.
S. C. PRESENTATION OF VOLUNTEER OF THE YEAR AWARD TO DAVE WERNER
BY SHERIFF DERYL LOAR
Sheriff Loar presented the Volunteer of the Year Award to Dave Werner.
S.D. PRESENTATION OF CIVILIAN OF THE YEAR AWARD TO KELLY WALSHBY
SHERIFF DERYL LOAR
Sheriff Loar announced that Kelly Walsh was the recipient of the Civilian of the Year
(Clerk's Note: Ms. Walsh was unable to be present at today's meeting).
S.E. PRESENTATION OF PROCLAMATION HONORING THE OCEAN RESCUE
DIVISION AS THE PROUD RECIPIENTS OF THE 2009 BEACH PATROL OF
THE YEAR BY THE FLORIDA BEACH PATROL CHIEFS ASSOCIATION
Commissioner Flescher read and presented the Proclamation to John Frazier, Lifeguard
Captain, and Joe McManus, Ocean Rescue Lieutenant.
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March 16, 2010
Luther.
S.F. PRESENTATION OF PROCLAMATION IN SUPPORT OF THE CENSUS 2010
Commissioner Flescher read and presented the Proclamation to Linda Ogle and Jeff
5.G. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD TO
WILLIAM G. COLLINS, II ON HIS RETIREMENT FROM INDIAN RIVER
COUNTY BOARD OF COUNTY COMMISSIONERS COUNTY ATTORNEY'S
OFFICE WITH 22 YEARS SERVICE
Chairman O'Bryan read and presented the Proclamation to County Attorney William G.
Collins II, who will be retiring after twenty-two years of service to the County.
6. APPROVAL OF MINUTES -NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. ENVIRONMENTAL SERVICES: PURCHASE ORDERS PROCESSED NOVEMBER
3RD, 2009 THROUGH FEBRUARY 5TH, 2010 (MEMoNo. 1)
Noted for the record was the processing of the Purchase Orders with G.K. Environmental,
Inc., for engineering services in association with the following three projects:
1) Indian River Boulevard Sidewalk from 12th Street to 17th Street, IRC Project No. 0745
2) Oslo Road (43rd Avenue to 58th Avenue) Project No. 0517
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March 16, 2010
3) SR 60 and 43rd Avenue (from 18th Street to 26th Street) IRC Project No. 0853
7.B. FORECLOSURE SALE OF THE PARK OF COMMERCE
Noted for the record was Ocean Bank's purchase at the Foreclosure Sale of the Park of
Commerce property.
7.C. STIPULATED ORDER OF TAKE FOR RIGHT-OF-WAY PARCELS FOR 66TH
AVENUE IMPROVEMENT PROJECT
Noted for the record was the pending acquisition of the following parcels for right-of-
way along 66th Avenue:
Lawrence and Phyllis Brown, Parcel 112
Stephen and Shelley Ryan, Parcel 108
John and Debra Marotta, Parcel 106
8. CONSENT AGENDA
Chairman O'Bryan requested Item 8.B. be pulled for discussion.
Commissioner Davis requested Item 8.J. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved the
Consent Agenda, as amended.
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March 16, 2010
8.A. APPROVAL OF WARRANTS AND WIRES FEBRUARY 26, 2010 TO MARCH 4,
2010
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved the
list of Warrants and Wires as issued by the Clerk to the
Board for the time period of February 26, 2010 to March
4, 2010, as recommended in the memorandum of March 4,
2010.
8.B. DELETION OF CAPITAL ASSETS LESS THAN $1, 000
Finance Director Diane Bernardo addressed Chairman O'Bryan's question on whether
there was a tracking mechanism for the capital assets which were slated for removal from the
physical inventory listing.
County Administrator Joseph Baird, Budget and Management Director Jason Brown, and
Finance Director Diane Bernardo responded to additional comments and queries by the Board
Members.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
to delete the capital assets listed on pages 17-44, from the
physical inventory listing, as requested in the
memorandum of March 8, 2010.
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March 16, 2010
8.C. APPROVAL OF ANNUAL FINANCIAL REPORT BY COUNTY COMMISSIONERS
AND NOTICE OF CAFR (COMPREHENSIVE ANNUAL FINANCIAL REPORT)
COMPLETION
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously authorized the
Chairman to execute the County's Local Government
Annual Financial Report for fiscal year 2008-2009, as
stated and recommended in the memorandum of March
12, 2010.
REPORTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1). RESOLUTION DIRECTING NOTIFICATION TO INTERESTED MEMBERS OF
THE UNINCORPORATED GIFFORD COMMUNITY ON MATTERS OF INTEREST
TO THE GIFFORD COMMUNITY
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved
Resolution 2010-017, providing for notice on matters of
interest to the unincorporated Gifford Community.
Freddy Woolfork, 4590 57th Avenue, on behalf of the Gifford Front Porch and other
area organizations, Joe Idlette III, President of the Gifford Progressive Civic League, and the
Gifford citizens, thanked the Commissioners for ensuring that fair notice regarding events of
interest to them will be provided to the Gifford community.
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March 16, 2010
(Clerk's Note: Mr. Woolfork's input was accepted following Item 10.A.1., and is placed
here for continuity).
8.E. REQUEST FOR APPROVAL OF MODIFICATION #1 TO THE HURRICANE
WILMA COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY
INITIATIVE GRANT AGREEMENT
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved
proposed Modification No. 1 to the Hurricane Wilma
Community Development Block Grant and authorized the
Chairman to execute the appropriate related documents for
transmittal to DCA (Department of Community Affairs),
as recommended in the memorandum of March 8, 2010.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. FINAL PAYMENT — FPLES PHASE I ENERGY SAVINGS PROJECT
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved
Final Pay Request in the amount of $335,367.00 for
FPLES (Florida Power and Light Energy Services) for
Phase I of the Energy Savings Project, as recommended in
the memorandum of March 9, 2010.
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March 16, 2010
8.G. AMENDMENT No. 2 TO CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT WITHARCADIS U.S., INC. FOR WIDENING OF 20TH AVENUE
FROM 25TH STREET SW TO 21ST STREET SW, IRC PROJECT No. 0541
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved
Amendment No. 2 in the amount of $2,563.36, as outlined
in the Scope of Services, and authorized the Chairman to
execute same to the Civil Engineering and Land
Surveying Agreement with Arcadis U.S., Inc., as
recommended in the memorandum of March 8, 2010.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. TRANSFER OF LEASE AND CONCESSION AGREEMENT WITH BETTY
NOBLES (ROSEMARY'S CAFE)
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously: (1) approved
the requested lease assumption subject to compliance with
all the current requirements of the lease, including the
review of the financial operations for the purpose of
determining a reasonable rent which will supersede the
current rent provision of Article 3.1, and subject to the
County Attorney approval of the Lease Assumption
Agreement; (2) authorized the County Administrator to
execute the lease assumption agreement with Ms. Julie
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March 16, 2010
Anderson and Harvey Anderson; and (3) approved further
that the current lease holder, Betty Nobles (who assumed
lease from Capcan, Inc.) continue its operation pending
the appropriate approval or transfer of any local, State, or
Health permits or licenses that are required to be obtained
by Ms. Julie Anderson, as recommended in the
memorandum of March 10, 2010.
8.1. MISCELLANEOUS BUDGET AMENDMENT 009
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan the Board unanimously approved
Resolution 2010-018, amending the fiscal year 2009-2010
budget.
8.1 APPROVAL TO ISSUE A REQUEST FOR PROPOSALS FOR AUCTIONEER
SERVICES FOR SALES OF SURPLUS COUNTY REAL PROPERTY
Commissioner Davis disclosed that as an auctioneer, he had a conflict of interest on this
item, and would abstain from voting.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Vice Chairman Solari, to authorize staff
to proceed with issuance of a Request for Proposals to
obtain auctioneer services for the sale of real property.
Staff addressed Board comments and questions, after which the following action was
taken:
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March 16, 2010
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Davis recused himself), the Board
authorized staff to proceed with issuance of a Request for
Proposals to obtain auctioneer services for the sale of real
property, as recommended in the memorandum of March
9, 2010.
FORM 8.B. MEMORANDUM OF VOTING CONFLICT ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
8.K. RETENTION OF EXPERT WITNESSES FOR ACQUISITION OF THE LAUREL
HOMES PARCEL LOCATED ON 66THAVENUEAT 16TH STREET
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved the
expert witnesses of The Spivey Group, Inc., Appraisers;
and Kelly, Collins, and Gentry, Inc., Professional
Engineers and Land Planners, for the Laurel Homes
eminent domain lawsuit and authorized the County
Administrator to execute individual retainer agreements
with the experts, as recommended in the memorandum of
March 10, 2010.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
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March 16, 2010
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
10.A.1. CONSIDERATION OF ORDINANCE TO TEMPORARILY SUSPEND IMPOSITION
OF IMPACT FEES FOR FIRE/EMERGENCY SERVICES FACILITIES,
CORRECTIONAL FACILITIES, PUBLIC BUILDINGS, LAW ENFORCEMENT,
AND SOLID WASTE FACILITIES (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating provided background, conditions, and
analysis on the County -initiated request to temporarily extend for an additional one-year period,
the temporary impact fee suspension (which will expire on March 31, 2010), for fire/emergency
services facilities, correctional facilities, public buildings, law enforcement, and solid waste
facilities. He presented staff's recommendation for adoption of the proposed Ordinance, which
would provide the temporary impact fee suspension from the period of April 1, 2010 to March
31, 2011.
A brief discussion ensued, wherein several Commissioners expressed their support for the
temporary suspension.
The Chairman opened the Public Hearing.
Brian Carman, Indian River Neighborhood Association (IRNA), supported the
temporary impact fee suspension.
Caroline Corum made observations regarding the impacts of residential versus
commercial development, and wanted to see commercial fees lowered.
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March 16, 2010
Chairman O'Bryan explained to Ms. Corum that in the opinion of County Attorney
Williams Collins, residential and commercial impact fees must be equitable.
Bob Johnson, Coral Wind Subdivision, asked for an explanation (provided by Chairman
O'Bryan), on how the five impact fees were chosen for temporary suspension, and suggested
substituting another category of impact fee for that of "law enforcement."
Chuck Mechling, 1999 Pointe West Drive, urged Commissioners to support the
additional one-year suspension, and to continue to develop a long-range vision for the impact
fees.
Charles Wilson, 1057 6th Avenue, supported the Board's adoption of the proposed
Ordinance, and thanked Commissioner Davis for presenting this idea at the February 5, 2009
Economic Development Summit
Mark (inaudible last name) with D.R. Horton Homes, urged the Board to approve the
additional one-year suspension of the impact fees.
Jeff Thompson, Seville Avenue, supported the extension of the impact fees, and
suggesting extending it to eighteen months or two years.
Joseph Paladin, President Black Swan Consulting, supported taking measures on a local
level, such as the proposed Ordinance, to better the economy.
There being no additional speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve an
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March 16, 2010
exception temporarily suspending for one year the
imposition of impact fees for fire/emergency services
facilities, correctional facilities, public buildings, law
enforcement, and solid waste facilities.
A wide-ranging discussion ensued, during which the Board majority reiterated their
support for the proposed temporary impact fee suspension for the stipulated five categories. The
Board Members agreed they would like to: (1) find a way to reduce commercial fees, and (2)
further consider the proposal made at the March 18, 2010 Economic/Goal Summit II to collect
the impact fees at the time of Certificate of Occupancy.
Commissioner Wheeler supported fellow Commissioners in their desire to find a means
to reduce commercial fees; however, he believed the impact fee suspension was unfair because
of the developers who have already paid their fees and are sitting with vacant commercial and
residential properties, and thus would not support the Motion.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Wheeler opposed), the Motion
carried. The Board adopted Ordinance 2010-002,
amending Title X, Impact Fees, of the Code of Indian
River County to amend Code Section 1000.06
"Imposition" to provide an exception temporarily
suspending for one year the imposition of impact fees for
fire/emergency services facilities, correctional facilities,
public buildings, law enforcement, and solid waste
facilities; and providing for codification; severability; and
effective date.
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March 16, 2010
The Chairman called for a break at 10:33 a.m. and reconvened the meeting at 11:02
a.m., with all members present.
10.B. PUBLIC DISCUSSION ITEMS
10.8.1. REQUEST TO SPEAK FROM DONALD PERRIN, VETERAN, REGARDING BAN
ON AIR BLOWER HAND DRIER, REQUIRE HEALTH CARDS FOR FOOD
HANDLERS, ENFORCE ENGLISH AS LANGUAGE OF U.S. CITIZENS, AND
ENFORCE IMMIGRATION LAWS
This item was withdrawn.
1O.B.2. REQUEST TO SPEAK FROM ED NELSON REGARDING COUNTRYSIDE
WATER AND SEWER SERVICE
Ed Nelson, 8775 20th Street, Lot 286, used a handout (copy on file), to provide
background information on his plea for the Board to reverse its decision of March 2, 2010, at
which time a Memorandum of Understanding (MOU) was approved between County Utilities
and Equity LifeStyle Properties, Inc. (ELS) [the current owners of the Countryside North Mobile
Home Park], which provided for the mobile home park owners, rather than the County, to bill
each homeowner for utility services. Mr. Nelson stated it was the unanimous desire of the
homeowners to have County Utilities bill for the water and sewer, and believed changing the
billing system would be a violation of the original 1993 agreement with then owner Realcor-
Vero Beach Associates, d/b/a Countryside North Mobile Home Park, and the Countryside North
Homeowners Association, Inc., which authorized County utilities to monitor water meters and
collect the utility payments. He wished to have this matter addressed by the County Attorney.
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March 16, 2010
County Attorney Polackwich declared that the MOU was part of a larger picture, and he
wished to review from a legal perspective all the events leading up to the MOU, and then report
back to the Board.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to direct the
County Attorney to examine from a legal standpoint, the
Memorandum of Understanding between Indian River
County Utilities and Equity Lifestyles Properties, Inc. for
MHC Countryside North LLC, which was approved on
March 2, 2010, as well as prior agreements regarding
utilities at Countryside North Mobile Home Park, and to
hold the MOU in abeyance until the County Attorney
provides an opinion on the legal issue of whether the
Board may change the billing procedures outlined in the
MOU.
Assistant Director of Utilities Cindy Corrente outlined the factors and reasoning
associated with the MOU. She reported that in light of staff's discussions with Mr. Nelson, ELS
has been asked to consider having the County handle the reading and billing of the water and
sewer meters at Countryside North.
Discussion ensued between Board Members and staff, which focused on whether it
would be legally advisable to switch courses subsequent to the Board's approval and execution
of the MOU approved on March 2, 2010. Also mentioned was the desire to confirm that the
majority of homeowners actually wanted the County to read the meters.
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March 16, 2010
Attorney Polackwich suggested staff meet with Mr. Nelson, ELS, and the Countryside
North Homeowners Association to obtain all existing agreements with respect to utilities, after
which he would review the documents and provide legal opinion to the Board.
Further discussion occurred regarding the legal issues of putting the MOU into abeyance
until the County Attorney has examined the documents.
Staff advised that there was some concern about the homeowners having potable water at
this time, and said the MOU could be followed temporarily, and later amended, if necessary.
Attorney Polackwich pointed out that much seems to have been done in reliance upon the
MOU, and the Board needed to consider whether the action of not performing the agreement
would cause potential damages to somebody.
MOTION WAS AMENDED by Commissioner Davis,
SECONDED by Commissioner Flescher, to direct the
County Attorney to review the Memorandum of
Understanding (MOU) between Indian River County
Utilities and Equity Lifestyles Properties, Inc. for MHC
Countryside North LLC, as approved on March 2, 2010,
and any other prior agreements regarding utilities at
Countryside North Mobile Home Park to: (1) ascertain the
legality of the MOU, and (2) whether it would be
appropriate from a legal standpoint to not perform the
MOU; and to return with legal opinion to the Board, after
which a policy decision would be made on whether the
County would read and bill for the water meters at
Countryside North Mobile Home Park.
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March 16, 2010
Jeff Leeds, Regional Manager for ELS, disclosed that ELS would soon be making a
decision, and they were inclined towards having the County handle the billing
Commissioner O'Bryan requested that staff return with this matter, if possible, at the
March 23, 2010 Board of County Commission meeting, and asked Commissioner Davis if he
wished to amend his Motion accordingly.
MOTION WAS AMENDED by Commissioner Davis,
SECONDED by Commissioner Flescher, to direct the
County Attorney to return with a legal opinion to the
Board on the target date of March 23, 2010.
Ms. Corrente confirmed for Commissioner O'Bryan the water and sewer charges and
addressed questions from Commissioner Wheeler regarding the reading of the water meters, after
which the following action was taken:
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed the
County Attorney to review the Memorandum of
Understanding (MOU) between Indian River County
Utilities and Equity Lifestyles Properties, Inc. for MHC
Countryside North LLC, as approved on March 2, 2010,
and any other prior agreements regarding utilities at
Countryside North Mobile Home Park to: (1) ascertain the
legality of the MOU, and (2) whether it would be
appropriate from a legal standpoint to not perform the
MOU; and to return to the Board with legal opinion on
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March 16, 2010
the target date of March 23, 2010, after which a policy
decision would be made on whether the County would
read and bill for the water meters at Countryside North
Mobile Home Park.
1O.B.3. REQUEST TO SPEAK FROM STEVEN SANDERS, SAND BAR TRUCKING LLC,
REGARDING 82"'D AVENUE
Deleted
1O.B.4. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER
BRIAN HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS
REGARDING CITY OF VERO BEACH ELECTRIC UTILITY
Brian Heady, City of Vero Beach Council Member, presented an update on the ongoing
issues with the City of Vero Beach Electric Utility.
Glenn Heran gave a slideshow presentation on the Utility, and requested to present at a
future Board meeting, Dr. Stephen Faherty and his [Mr. Heran's] interactive financial model,
which shows the outcome of various options regarding the sale of the City of Vero Beach's
Electric System.
Chairman O'Bryan requested Mr. Heran bring his presentation to the April 1, 2010
Utility Advisory Committee, after which the Committee could make a recommendation to bring
it before the Board.
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March 16, 2010
Lengthy discussion ensued among the Board Members, Mr. Heran, and Mr. Heady, with
input from citizens Caroline Corum and Charlie Wilson.
No Board Action Required or Taken
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Davis, to approve staff's
recommendation.
Staff confirmed for Chairman O'Bryan that the affected parties had received adequate
notification.
The Chairman CALLED THE QUESTION, and the
Motion carried. The Board unanimously: (1) declared the
subject structures (listed below) unsafe and a nuisance,
and ordered the buildings demolished with related debris
removed from the property by a private vendor approved
through standard bid procedures; (2) approved a necessary
20
March 16, 2010
budget amendment to cover the demolition and removal of
the structures and any other necessary legal expenses, as
recommended in the memorandum of March 2, 2010, and
(3) approved Resolution 2010-019, providing for the
demolition of unsafe structures and the recovery of costs.
(Clerk's Note: Affected by the above Motion are the following structures: 4606 32nd
Avenue, owned by Carrie Copeland and Lillian Cleare Perry; 1820 38th Lane, aka 3865-3875
18th Avenue, owned by R.I.G. Williams, LLC; 1946 24th Street S. W., owned by Bryan J. Baclaski;
and 12995 100th Place, Fellsmere, owned by Lula Fortson c/o Lillian Stephens).
12. B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES
12.D.1. REQUEST FOR QUALIFICATIONS FOR HEALTH INSURANCE/EXCESS LOSS
REINSURANCE BROKERAGE AND ACTUARIAL SERVICES — COMMITTEE
RECOMMENDATION
MOTION WAS MADE by Commissioner Wheeler to
approve staff's recommendation. MOTION DIED for
lack of a Second.
Chairman O' Bryan preferred to defer this matter for one week and obtain additional input
on how staff arrived at their recommendation.
21
March 16, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
to TABLE this item to March 23, 2010.
County Administrator Joseph Baird conveyed that he was re-evaluating this matter and
considering changing staff's recommendation.
The Chairman called for a break at 12:27 p.m. and reconvened the meeting at 12:37
p.m., with all members present.
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 BEACHRENOURISHMENT PROJECT
Public Works Director Christopher Mora used a slide presentation (on file) to provide a
project summary and contract update pertaining to the Sector 3 Beach Renourishment Project.
He, assisted by Administrator Baird, addressed the Board's comments and queries regarding the
revisions to Change Orders 1 and 2 to the original contract with Ranger Construction Industries,
Inc.
22
March 16, 2010
Chairman O'Bryan recognized Patrick Flynn, Construction Manager, who provided
details on Ranger's progress. Mr. Flynn requested a timely resolution of the contract dispute.
Attorney Polackwich advised the Commissioners to establish a final contract price
through Change Orders No. 1 and 2.
12.J. UTILITIES SERVICES
12.J.1. APPROVAL OF BID AWARD FOR IRC BID No. 2010024 NORTH WATER
TREATMENT PLANT RAW WATER TRANSMISSION SYSTEM
Commissioner O'Bryan wanted to make approval of the bid award contingent upon a
thorough review of the shop drawings for the well pumps being installed by H&D Construction
Co., Inc.
Director of Utilities Erik Olson agreed to proffer the Bid Award to H & D subsequent to
review of the shop drawings.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board, subject to a complete
and thorough review of the shop drawings for the well
pumps, approved: (1) the Bid Award to H&D
Construction Co., Inc., as the lowest and most responsive
bidder meeting the specifications as set forth in the
Invitation to Bid; (2) approved the Sample Agreement;
and (3) authorized the Chairman to execute said
agreement after receipt and approval of the required
Public Construction Bond and Certificate of Insurance,
23
March 16, 2010
and after the County Attorney has approved the
Agreement as to form and legal sufficiency.
12.J2. PRESENTATION— FUTURE OF SEWER AND WATER SERVICES IN INDIAN
RIVER COUNTY
Director of Utilities Erik Olson, through a PowerPoint Presentation (on file), provided a
detailed overview of current and future water and sewer operations. He reported that the Utility
Department had received an AA+ rating on the Fitch Rating for 2009 Utility Bond Refinancing,
and provided statistics relative to water demand vs. water capacity, for 2010 and beyond.
Director Olson's report was followed by Board comments and queries, after which kudos
were extended to Director Olson and to County Administrator Baird for their roles in the success
of the Utilities Department.
13. COUNTY ATTORNEY MATTERS
13.A. CONSIDERATION OF PROPOSED SETTLEMENT BETWEEN THE CITY OF
FELLSMERE, DEPARTMENT OF COMMUNITY AFFAIRS, FELLSMERE JOINT
VENTURE, AND INDIAN RIVER COUNTY
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, the Board
unanimously approved the Settlement Agreement with the
State of Florida, Department of Community Affairs, the
City of Fellsmere, Fellsmere Joint Venture, LLP, Bernard
A. Egan Groves, Inc., and Fellsmere Estates, LLC, and
authorized the Chairman to execute the settlement
24
March 16, 2010
documents, as recommended in the memorandum of
March 10, 2010.
Chairman O'Bryan noted for the record, that last week the Board Members had received
the final version of the subject agreement.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
Settlement Agreement with the State of Florida,
Department of Community Affairs, the City of Fellsmere,
Fellsmere Joint Venture, LLP, Bernard A. Egan Groves,
Inc., and Fellsmere Estates, LLC, and authorized the
Chairman to execute the settlement documents, as
recommended in the memorandum of March 10, 2010.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN
14.A.1. APPOINTMENT TO THE COUNTY CANVASSING BOARD
Chairman O'Bryan explained that, as an active candidate in a contested race for County
Commissioner in the upcoming 2010 Primary and General Elections, he cannot comply with
Supervisor of Elections Kay Clem's request for his participation on the County Canvassing
Board. He asked the Board to approve the appointment in his stead of Chairman Bob Solari.
25
March 16, 2010
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the appointment of Vice Chairman Bob Solari to the
County Canvassing Board for the Primary Election on
August 24, 2010, and the General Election on November
2, 2010, as requested in the memorandum of March 9,
2010.
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
14.E. 1. DISCUSSION ITEM— STATUS OF 2010 CENSUS
Withdrawn by Commissioner Wheeler
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
26
March 16, 2010
15.B. 1. REQUEST TO PARTNER WITH SUSTAINABLE INDIAN RIVER, INC. FOR A
COMPOST DEMONSTRATION PROJECT c1 EPA GRANT SUBMITTAL
Deleted
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 1:32
p.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: APR 2 2010
BCC/MG/201 0Minutes
March 16, 2010
,Ale•-•-,"
Peter D. O'Bryan, Chairman
27