HomeMy WebLinkAbout07/20/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JULY 20, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
Addition: Item 10.B.2. Public Discussion by Glenn Heran 2
5. PROCLAMATIONS AND PRESENTATIONS 3
5.A. PRESENTATION OF PROCLAMATION DESIGNATING JULY 18 — 24, 2010 AS
PROBATION, PAROLE AND COMMUNITY SUPERVISION WEEK 3
5.B. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING, REGARDING
THE DEEPWATER HORIZON OIL SPILL 3
6. APPROVAL OF MINUTES -NONE 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
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July 20, 2010
7.A. ENVIRONMENTAL SERVICES: PURCHASE ORDERS PROCESSED FEBRUARY 6TH,
2010 THROUGH JUNE 25TH, 2010 (MEMO No. 2) 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES - JULY 2, 2010 TO JULY 8, 2010 4
8.B. SEGOVIA LAKES PD - TEMPORARY BLANKET UTILITY EASEMENT 5
8.C. AUTHORIZATION FOR OUT OF COUNTY TRAVEL FOR COUNTY ADMINISTRATOR 5
8.D. TRAFFIC CONTROL DEVICE LEDGER 5
8.E. INDIAN RIVER COUNTY BID #2010035, REMOVE AND REPLACE AN
UNINTERRUPTIBLE POWER SYSTEM 6
8.F. AMENDMENT NO. 4 TO THE PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES AGREEMENT WITH EDLUND, DRITENBAS, BINKLEY
ARCHITECTS AND ASSOCIATES, P.A., INDIAN RIVER COUNTY PARKS
MAINTENANCE COMPLEX - IRC PROJECT No. 0701 6
8.G. KIMLEY-HORN AND ASSOCIATES, INC. APPROVAL WORK ORDER NO. 1 TO THE
ANNUAL PROFESSIONAL ENGINEERING SERVICES AGREEMENT OLD DIXIE
HIGHWAY SIDEWALK FROM 38TH LANE TO 65TH STREET - IRC PROJECT No.
0845 7
8.H. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE, PROJECT #0370, 6840/6810 41ST
STREET (LOCATED WEST OF 66TH AVENUE ON 41ST STREET) OWNER: RICHARD
L. AND LINDA WADDELL 7
8.I. DRAINAGE/TEMPORARY CONSTRUCTION EASEMENT ACQUISITION, OSLO ROAD
(27TH AVENUE TO 43RD AVENUE), OWNER: BRUCE L. AND NANCY G. STAMILE 8
8.J. RESOLUTION REQUESTING ASSISTANCE FROM STATE OF FLORIDA BEACH
EROSION CONTROL PROGRAM 8
8.K. APPROVAL OF AUDIT FIRM 9
8.L. MISCELLANEOUS BUDGET AMENDMENT 015 9
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 9
10. PUBLIC ITEMS 10
10.A. PUBLIC HEARINGS 10
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July 20, 2010
10.A.1. INDIAN RIVER COUNTY'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL
TO REBUILD THE OSLO CONVENIENCE CENTER/TRANSFER STATION (QUASI-
JUDICIAL) 10
10.A.2. CONSIDERATION OF AN AMENDMENT TO COUNTY CHAPTER 300 TO MODIFY
THE COUNTY'S LOCATIONAL REQUIREMENTS FOR PREMISES SERVING
ALCOHOLIC BEVERAGES TO CORRESPOND TO STATE REQUIREMENTS
(LEGISLATIVE) 1 1
10.A.3. PAIN CLINIC MORATORIUM ORDINANCE (LEGISLATIVE) 13
10.B. PUBLIC DISCUSSION ITEMS 15
10.B.1. REQUEST TO SPEAK FROM JENNIFER LAHMAN REGARDING LIEN IMPOSED
AGAINST OAKS OF VERO DEVELOPMENT 15
10.B.2. REQUEST TO SPEAK FROM GLENN HERAN 15
11. COUNTY ADMINISTRATOR MATTERS -NONE 15
12. DEPARTMENTAL MATTERS 15
12.A. COMMUNITY DEVELOPMENT -NONE 16
12.B. EMERGENCY SERVICES -NONE 16
12.C. GENERAL SERVICES -NONE 16
12.D. HUMAN RESOURCES -NONE 16
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 -NONE 16
12.J. UTILITIES SERVICES -NONE 16
13. COUNTY ATTORNEY MATTERS 16
13.A. UPDATE ON VISTA GARDENS CODE ENFORCEMENT ISSUES 16
13.B. HIRING OF OUTSIDE COUNSEL TO ASSIST IN ELECTRIC, WATER AND SEWER
FRANCHISE ISSUES 17
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July 20, 2010
14. COMMISSIONER ITEMS 18
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 18
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 18
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 18
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 19
14.E. COMMISSIONER GARY C. WHEELER -NONE 19
15. SPECIAL DISTRICTS AND BOARDS 19
15.A. EMERGENCY SERVICES DISTRICT -NONE 19
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 19
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 19
16. ADJOURNMENT 19
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July 20, 2010
JEFFREY K. BARTON
Clerk to the Board
July 20, 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, July 20, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob Solari,
and Commissioner Joseph E. Flescher. Commissioners Wesley S. Davis and Gary C. Wheeler
were absent. Also present were County Administrator Joseph A. Baird, County Attorney 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
Deputy Teddy Floyd, Indian River County Sheriff's Office, delivered the Invocation.
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July 20, 2010
3. PLEDGE OF ALLEGIANCE
Alan S. Polackwich, Sr., County Attorney, led the Pledge of Allegiance to the Flag.
Chairman O'Bryan recognized members of Boy Scout Troop 578, who were in
attendance.
Brian Alcott, Senior Patrol Leader, disclosed that Troop 578 was working on the
Citizenship in the Community Merit Badge, through attendance at a local government meeting.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan advised that due to the absences of Commissioners Davis and
Wheeler, any Board action taken today requires approval by a vote of 3-0. He thereafter
requested the following changes to the Agenda:
ADDITION.' ITEM 10.B.2. PUBLIC DISCUSSION BY GLENN RERAN
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved the
Agenda as amended.
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July 20, 2010
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING JULY 18 - 24, 2010 AS
PROBATION, PAROLE AND COMMUNITY SUPERVISION WEEK
Commissioner Flescher read and presented the Proclamation to the following Department
of Corrections staff members: John Thompson, Michael Graham, David Cherry, and Barbara
Villarose.
S.B. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING,
REGARDING THE DEEPWATER HORIZON OIL SPILL
Emergency Services Director John King used a PowerPoint Presentation (on file) to
update the Board on Day 92 of the Deepwater Horizon Oil Spill, reporting that a new well cap
was installed by British Petroleum (BP) on July 15th, 2010, and the oil leak has essentially been
stopped. He noted the Louisiana coast continues to be the area most impacted by the spill and
that some tar balls have appeared on the west coast of Florida, but all Florida beaches remain
open. He described actions being taken by the State of Florida and by the County, and revealed
that County staff has discussed a regional oil spill strategy plan with the U.S. Coast Guard.
6. APPROVAL OF MINUTES -NONE
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July 20, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. ENVIRONMENTAL SERVICES: PURCHASE ORDERS PROCESSED FEBRUARY
6TH 2010 THROUGH JUNE 25TH, 2010 (MEMO No. 2)
Noted for the record were Purchase Orders for the following projects: (1) Oslo Boat
Ramp; (2) 12th Street Sidewalk; (3) Two Site Assessments on CR510; and (4) Old Dixie
Highway Sidewalk at North Relief Canal.
8. CONSENT AGENDA
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved the
Consent Agenda, as presented.
8.A. APPROVAL OF WARRANTS AND WIRES - JULY 2, 2010 To JULY 8, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved the list of
Warrants and Wires as issued by the Clerk to the Board
for the time period of July 2, 2010 to July 8, 2010, as
requested in the memorandum of July 8, 2010.
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July 20, 2010
8.B. SEGOVIA LAKES PD — TEMPORARY BLANKET UTILITY EASEMENT
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved, accepted,
and authorized the Chairman to execute the temporary
blanket utility easement with VB Development, Inc., for
the Segovia Lakes PD, as recommended in the
memorandum of July 9, 2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. AUTHORIZATION FOR OUT OF COUNTY TRAVEL FOR COUNTY
ADMINISTRATOR
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved out of
County travel for the County Administrator to attend the
South Florida Government Finance Officers and City
Clerks Association Annual Investment Seminar on August
25, 2010, in Davie, Florida, as requested in the
memorandum of July 13, 2010.
8.D. TRAFFIC CONTROL DEVICE LEDGER
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved
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July 20, 2010
Resolution 2010-060, approving traffic control devices
authorized by the Director of Public Works.
8.E. INDIAN RIVER COUNTY BID #2010035, REMOVE AND REPLACE AN
UNINTERRUPTIBLE POWER SYSTEM
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved staff's
recommendation to reject all bids. After completing the
review process, staff has determined that the bid responses
do not effectively detail the vendors' ability to provide
emergency repairs with factory trained technicians within
a reasonable period of time. The bid specifications will be
revised and rebid, all as stated and recommended in the
memorandum of July 7, 2010.
8.F. AMENDMENT NO. 4 TO THE PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES AGREEMENT WITH EDLUND, DRITENBAS,
BINKLEYARCHITECTS AND ASSOCIATES, P.A., INDIAN RIVER COUNTY
PARKS MAINTENANCE COMPLEX— IRC PROJECT NO. 0701
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved and
authorized the Chairman to execute Amendment No. 4 to
Edlund, Dritenbas, Binkley Architects and Associates,
P.A., in the amount of $690.00, as outlined in the Scope of
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July 20, 2010
Services (Exhibit A), as recommended in the
memorandum of July 6, 2010.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. KIMLEY-HORN AND ASSOCIATES, INC. APPROVAL WORK ORDER No. 1 TO
THE ANNUAL PROFESSIONAL ENGINEERING SERVICES AGREEMENT OLD
DIXIE HIGHWAY SIDEWALK FROM 38TH LANE TO 65TH STREET - IRC
PROJECT No. 0845
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved and
authorized the Chairman to execute Work Order No. 1
(Engineering) with Kimley-Horn and Associates, Inc., in
the amount of $80,000.00, authorizing IRC Project No.
0845 as outlined, all as recommended in the memorandum
of July 8, 2010.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. RIGHT-OF-WAYACQUISITION, 66TH AVENUE, PROJECT #0370, 6840/6810
41ST STREET (LOCATED WEST OF 66TH AVENUE ON 41ST STREET) OWNER:
RICHARD L. AND LINDA WADDELL
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved the
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July 20, 2010
purchase of the needed right-of-way at a price of
$11,509.20; and authorized the Chairman to execute the
Purchase and Sale Agreement with Richard L. and Linda
Waddell, as recommended in the memorandum of July 7,
2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. DRAINAGE/TEMPORARY CONSTRUCTION EASEMENT ACQUISITION, OSLO
ROAD (27T"AVENUE TO 43RD AVENUE), OWNER: BRUCE L. AND NANCY
G. STAMILE
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved the
purchase of the needed easements at a price of $85,500,
and authorized the Chairman to execute the Purchase and
Sale Agreement with Bruce L. and Nancy G. Stamile, as
recommended in the memorandum of June 21, 2010.
8.J. RESOLUTION REQUESTING ASSISTANCE FROM STATE OF FLORIDA BEACH
EROSION CONTROL PROGRAM
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved
Resolution 2010-061, requesting assistance from the State
of Florida Beach Erosion Control Program.
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July 20, 2010
8.K. APPROVAL OF AUDIT FIRM
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved the
contract for the reappointment of Harris, Cotherman,
Jones, Price & Associates, as the auditing firm for the next
five (5) fiscal years, as recommended in the memorandum
of July 12, 2010.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. MISCELLANEOUS BUDGET AMENDMENT 015
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 3-0 vote (Commissioners
Davis and Wheeler absent), the Board approved
Resolution 2010-062, amending the fiscal year 2009-2010
budget.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
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July 20, 2010
10. PUBLIC ITEMS
1 0.A. PUBLIC HEARINGS
1 0.A. 1. INDIAN RIVER COUNTY'S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL TO REBUILD THE OSLO CONVENIENCE CENTER/TRANSFER
STATION (QUASI -.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating used a PowerPoint Presentation (on file)
to present description and conditions of the County -initiated request for special exception use
approval to rebuild the Oslo Convenience Center/Transfer Station on property located west of
Old Dixie Highway. He stated that the site plan meets all of the land use criteria related to
special exception uses, and requested that the Board approve the "findings" outlined in staff s
report (see page 117 of the backup), and grant the special exception use approval, with the
condition that all required landscape buffers and opaque features be installed prior to issuance of
the Certificate of Occupancy.
The Chairman opened the Public Hearing.
There being no speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Responding to Commissioner Flescher's query, County Administrator Joseph Baird
divulged that the project is fully funded with no anticipated future costs.
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July 20, 2010
The Chairman CALLED THE QUESTION, and by a 3-0
vote (Commissioners Davis and Wheeler absent), the
Motion carried. The Board:
(1) FOUND, in conjunction with staff's recommended
conditions, that:
[ 1 ] The Board is empowered under the
provisions of Chapter 971 to review the special
exception applied for;
[2] The granting of the special exception will not
adversely affect the public interest;
[3] The application satisfies the general and
specific criteria required for special exception
approval; and
[4] The conditions stated below are adequate to
ensure compatibility between the special
exception use and surrounding land uses; and
(2) GRANTED special exception use approval for the
Oslo Convenience Center replacement, with the condition
that prior to issuance of a Certificate of Occupancy (C.O.),
all required landscape buffers and opaque features shall be
installed, all as recommended in the memorandum of July
6, 2010.
10.A.2. CONSIDERATION OF AN AMENDMENT TO COUNTY CHAPTER 300 TO
MODIFY THE COUNTY'S LOCATIONAL REQUIREMENTS FOR PREMISES
SERVING ALCOHOLIC BEVERAGES TO CORRESPOND TO STATE
REQUIREMENTS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
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July 20, 2010
Community Development Director Bob Keating used a PowerPoint Presentation (on file)
to provide background and analysis on the request of Dr. Michael Rechter, President/CEO of
Integra, Inc. (developer of Majestic Plaza, f.k.a. Luria's Plaza), to change the alcoholic beverage
locational requirements stipulated in Chapter 300 of County Code, which ordain a minimum
separation distance of 1,000 feet between a church and an alcohol sales establishment. He
explained that Integra has a prospective tenant who wishes to establish a new business serving
alcoholic beverages, but because of its proximity to Christ Church Vero Beach, another tenant at
Majestic Plaza, the new establishment would conflict with Chapter 300. Director Keating
thereafter contrasted the provisions in Chapter 300 with those in F.S. 562.45, which allow a
500 -foot separation distance, and recommended that the Board adopt the proposed Ordinance,
which would amend Chapter 300 to correspond to the locational requirements of F.S. 562.45.
Chairman O'Bryan wished to change the wording in Section 300.05 (c), "Establishments
licensed for the sale of beer or wine for consumption off the premises only..." to
"Establishments licensed for the sale of alcoholic beverages for consumption off the premises
only..."
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, recommended that the Board make this a one-
time exemption, examine this type of situation on a case-by-case basis, and leave in place the
requirement for a 1,000 -foot separation distance between a church and an alcohol sales
establishment.
There being no further speakers, the Chairman closed the Public Hearing.
Chairman O'Bryan reiterated the change he would like to see, and directed staff to
modify the language in Section 300.05(c) of the proposed Ordinance: "Establishments licensed
for the sale of beer or wine alcoholic beverages for consumption off the premises only..."
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July 20, 2010
ON MOTION by Vice Chairman Solari, SECONDED by
Chairman O'Bryan, the Board by a 3-0 vote
(Commissioners Davis and Wheeler absent), adopted
Ordinance 2010-015, with a modification to the language
in Section 300.05(c) "Establishments licensed for the sale
of bccr or winc alcoholic beverages for consumption off
the premises only... ", concerning an amendment to its
Title I Code; providing for amendments to Chapter 300,
Alcoholic Beverages; by revising restriction on location of
licensed premises Section 300.05; providing for repeal of
conflicting provisions; codification; severability; and
effective date.
10.A. 3. PAIN CLINIC MORATORIUM ORDINANCE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Alan S. Polackwich recalled the Board's adoption on June 8, 2010, of
Emergency Ordinance 2010-013, imposing a 90 -day moratorium on the issuance, transfer, or
renewal of business tax receipts for pain clinics or pain management clinics. He stated that
pursuant to Board direction, he was returning with a second Ordinance which would extend the
moratorium for one (1) year from June 8, 2010 through June 7, 2011. He explained that under
Ordinance 2010-013, the Tax Collector had been required to obtain an affidavit disavowing its
operation as a pain clinic from a new medical or health facility seeking a business tax receipt, or
from an existing facility seeking to transfer or renew its business tax receipt. Since renewals of
the business tax receipts are typically done by mail, the affidavit requirements for
renewals/transfers would not carry over to the proposed Ordinance; however, the Tax Collector
retains the authority to deny renewal if the facility is in violation of applicable law.
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July 20, 2010
The Chairman opened the Public Hearing.
Charlie Wilson, Vero Beach, related a personal experience attesting to the importance of
addressing the issue of illegitimate pain clinics.
There being no further speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman O'Bryan, to adopt the
proposed Ordinance.
Vice Chairman Solari noted that the County would be working on additional measures in
addition to the moratorium, and voiced his support for the State's prospective computerized
registry of drugs.
Attorney Polackwich acknowledged that after the conclusion of the moratorium, the
County would be taking another look at State regulations; if local action is still required, he
would suggest using some type of land development regulations to deal with the pain clinics.
The Chairman CALLED THE QUESTION, and by a 3-0
vote (Commissioners Davis and Wheeler absent), the
Board adopted Ordinance 2010-016, amending section
207 "Local Business Tax Receipts" of the Code of Indian
River County, Florida, by enacting a new Section 207.15
entitled "Pain Clinics and Pain Management Clinics"
establishing for one year from June 8, 2010, a moratorium
and certain restrictions on the issuance, transfer and
renewal of local business tax receipts for the operation of
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July 20, 2010
pain clinics and pain management clinics; providing for
severability, a general repealer and an effective date.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM JENNIFER LAHMAN REGARDING LIEN
IMPOSED AGAINST OAKS OF VERO DEVELOPMENT
Jennifer Lahman, Oaks of Vero, explained that, independent of the Homeowners
Association, the County had selected a contractor to complete the sidewalks at the Oaks of Vero
Development. The County -selected contractor had failed to pay its subcontractors, and the latter
subsequently placed two liens of $23,544 and $10,229 against the Oaks of Vero Homeowners
Association. She requested that the Board assist the homeowners in releasing the liens, and that
additionally, the County not place other Homeowners' Associations in this situation.
Following discussion among Commissioners and Ms. Lahman, with input from Attorney
Polackwich, Chairman O'Bryan directed County Administrator Joe Baird and Attorney
Polackwich to investigate this matter and follow up with Ms. Lahman.
10. B.2. REQUEST TO SPEAK FROM GLENN HERAN
Mr. Heran was not present.
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
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July 20, 2010
12.A. COMMUNITY DEVELOPMENT -NONE
12. B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12. D. HUMAN RESOURCES -NONE
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 -NONE
12.J. UTILITIES SERVICES -NONE
13. COUNTY ATTORNEY MATTERS
13.A. UPDATE ON VISTA GARDENS CODE ENFORCEMENT ISSUES
Attorney Polackwich presented a history and update pertaining to one of two golf courses
owned by Vista Golf, LLC, the 9 -hole course at Vista Gardens, which the County has several
times been forced to mow, due to overgrown grass and weeds on the property. He described the
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July 20, 2010
liens which have been placed upon the subject property, which include a Florida Department of
Revenue Tax Warrant and liens from the County's Code Enforcement Board, as well as liens
arising from the County's mowing efforts. Attorney Polackwich advised that mediations are
currently in process between Vista Golf, LLC, and the Vista Associations (Vista Gardens and
Vista Royale, the neighboring community), and that if a settlement is reached, the Associations
would likely buy the property from the owner, at which time, part of the sale proceeds could be
used to pay off existing liens. He recommended that at this time, the Board: (1) take no further
code enforcement actions; (2) urge the property owners to take care of the property; and (3) be
prepared to mow if it is required and record the lien against the property, with the hope of an
impending settlement.
No Board Action Required or Taken
13.B. HIRING OF OUTSIDE COUNSEL TO ASSIST IN ELECTRIC, WATER AND
SEWER FRANCHISE ISSUES
Attorney Polackwich recapped his memorandum of July 9, 2010 to provide background
and analysis on staff's request to hire an outside law firm to assist in matters relating to electric
and water and sewer franchise issues. He advised that he has not yet found a law firm with
expertise in both areas, and requested the Board approve hiring outside counsel, to assist in the
aforementioned areas on a consultant -type basis, with fees not to exceed $15,000.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Solari, to authorize the
County Attorney to hire outside counsel to act as
consultant to the County Attorney's Office on electric and
water and sewer franchise issues, with fees not to exceed
$15,000, without further Board approval.
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July 20, 2010
Attorney Polackwich stated that once a firm has been selected, staff would return with an
update to the Board.
Bob Johnson, Coral Wind Subdivision, asked the County Attorney to make sure the
County residents who are Florida Power and Light customers will not be charged an additional
rate if Florida Power and Light purchases the City of Vero Beach Electric Utility.
The Chairman CALLED THE QUESTION, and by a 3-0
vote (Commissioners Davis and Wheeler absent), the
Board authorized the County Attorney to hire outside
counsel to act as consultant to the County Attorney's
Office on electric, water and sewer franchise issues, with
fees not to exceed $15,000, without further Board
approval, as recommended in the memorandum of July 9,
2010.
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
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July 20, 2010
14. D. COMMISIONER 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 -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
Chairman O'Bryan advised that the next County Commission Meeting would occur at
9:00 a.m. on August 17, 2010. There being no further business, the Chairman declared the
meeting adjourned at 10:09 a.m.
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July 20, 2010
ATTEST:
W?m cL&D 6s;.
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: OCT - 5 2010
BCC/MG/2010Minutes
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July 20. 2010