HomeMy WebLinkAbout09/14/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 14, 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 10B.1. Request to Speak from Ardra Rigby and George Rigby
Regarding Waste Management Contracts 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 20 — 24, 2010 AS
INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY, FLORIDA 2
6. APPROVAL OF MINUTES -NONE 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION -NONE 3
8. CONSENT AGENDA 3
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September 14, 2010
8.A. APPROVAL OF WARRANTS AND WIRES - AUGUST 27, 2010 TO SEPTEMBER 2,
2010 3
8.B. RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY THE CITY OF
SEBASTIAN FOR PUBLIC PURPOSES 3
8.C. SECOND AMENDMENT TO AGREEMENT WITH FIRST BAPTIST CHURCH FOR
SHARED PARKING LOT FOR MAIN LIBRARY 4
8.D. 5TH STREET SW BRIDGE REPLACEMENT OVER IRFWCD 43RD AVENUE CANAL
AND INTERSECTION IMPROVEMENTS, IRC PROJECT NO. 0206, BID No. 2008075,
CHANGE ORDER NO. 1 4
8.E. APPROVAL OF ANNUAL BID AWARD FOR IRC BID No. 2011007, ANNUAL BID
FOR SULFURIC ACID 5
8.F. DEDICATION OF FPL EASEMENT FOR UNDERGROUND CABLE AND CONDUIT
NEEDED TO FACILITATE POWER TO WELL NUMBERS 7 AND 9 5
8.G. ACCEPTANCE OF CHANGE ORDER #2 TO GIFFORD COMMUNITY CENTER REPAIR 6
8.H. MISCELLANEOUS BUDGET AMENDMENT 020 6
8.I. APPROVAL OF BID AWARD FOR IRC BID No. 2011010, ANNUAL BID FOR
CLEANING SERVICES - UTILITIES OPERATIONS CENTER, DEPARTMENT OF
UTILITY SERVICES 7
8.J. BID AWARD: IRC #2011013 ANNUAL BID FOR UNIFORM RENTAL, OFFICE OF
MANAGEMENT AND BUDGET / PURCHASING DIVISION 7
8.K. AMENDMENT NO. 1 TO WORK ORDER No. 9 TO PROFESSIONAL BRIDGE DESIGN
SERVICES AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC., RELEASE OF
RETAINAGE OLD DIXIE HIGHWAY BRIDGE OVER SOUTH RELIEF CANAL IRC
No. 0205 8
8.L. WORK ORDER No. 23 WITH BRIDGE DESIGN ASSOCIATES, INC. FOR BRIDGE
CONSTRUCTION PHASE SERVICES FOR OSLO ROAD BRIDGE OVER 43RD AVENUE
DITCH INDIAN RIVER COUNTY PROJECT No. 0533 8
8.M. ENCLAVE SUBDIVISION SHELTRA & SON CONSTRUCTION CO., INC., CHANGE
ORDER #2, FINAL PAY AND RELEASE OF RETAINAGE, BID # 2009019 9
8.N. INVITATION FROM JOHN'S ISLAND GOLF CLUB FOR STAFF TO PARTICIPATE IN A
"PUBLIC SAFETY DAY" GOLF OUTING 9
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 10
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF 10
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September 14, 2010
FORFEITURE TRUST FUND 10
10. PUBLIC ITEMS -NONE 10
10.A. PUBLIC HEARINGS -NONE 10
10.B. PUBLIC DISCUSSION ITEMS 10
10.B.1. REQUEST TO SPEAK FROM ARDRA RIGBY AND GEORGE RIGBY REGARDING
WASTE MANAGEMENT CONTRACTS 11
10.C. PUBLIC NOTICE ITEMS -NONE 11
11. COUNTY ADMINISTRATOR MATTERS -NONE 11
12. DEPARTMENTAL MATTERS 11
12.A. COMMUNITY DEVELOPMENT -NONE I 1
12.A.1. REQUEST FOR AUTHORIZATION TO ABATE A PUBLIC NUISANCE AT 861 46TH
AVENUE (LANDOWNERS: WILLIAM AND RACHAEL BUCHANAN; CODE
ENFORCEMENT CASE No. 2010060247) 11
12.A.2. REQUEST FROM STAFF AND THE GIFFORD EXECUTIVE GROUP FOR
AUTHORIZATION TO INITIATE AN LDR AMENDMENT TO CREATE THE WEST
GIFFORD INDUSTRIAL & COMMERCE DISTRICT (WGIC) AND TO INITIATE THE
REZONING OF 163 ACRES FROM IG TO WGIC 13
12.B. EMERGENCY SERVICES -NONE 15
12.C. GENERAL SERVICES -NONE 15
12.D. HUMAN RESOURCES -NONE 15
12.E. HUMAN SERVICES -NONE 15
12.F. LEISURE SERVICES -NONE 15
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 15
12.H. RECREATION -NONE 15
12.I. PUBLIC WORKS 15
12.I.1. RIGHT-OF-WAY ACQUISITION - 66TH AVENUE WIDENING PROJECT, 6875 AND
6885 66TH AVENUE, SOUTHWEST CORNER OF 69TH STREET AND 66TH AVENUE,
MICHAEL A. AND SHARON LOUDERMILK 15
12.J. UTILITIES SERVICES -NONE 17
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September 14, 2010
13. COUNTY ATTORNEY MATTERS 17
13.A. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION ORDINANCE
PROPOSED. DOCUMENTS: EXEMPTION AGREEMENT, EXEMPTION ORDINANCE,
EXEMPTION APPLICATION AND EXEMPTION SCORESHEET/MATRIX 17
13.B. COUNTER OFFER RECEIVED - PURCHASE AND SALE AGREEMENT - VERO
ESTATES, LLC —NORTHEAST CORNER OF C.R. 510 AND 66TH AVENUE 21
14. COMMISSIONER ITEMS 23
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 23
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 23
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 23
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 23
14.E. COMMISSIONER GARY C. WHEELER -NONE 23
15. SPECIAL DISTRICTS AND BOARDS 23
1 5.A. EMERGENCY SERVICES DISTRICT -NONE 23
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 23
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 24
16. ADJOURNMENT 24
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September 14, 2010
JEFFREY K. BARTON
Clerk to the Board
September 14, 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, September 14, 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 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
Commissioner Davis delivered the Invocation.
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September 14, 2010
3. PLEDGE OF ALLEGIANCE
Commissioner Flescher 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:
DELETION: ITEM 1OB.1. REQUEST TO SPEAKFROMARDRA RIGBY AND GEORGE RIGBY
REGARDING WASTE MANAGEMENT CONTRACTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 20 - 24,
2010 AS INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY,
FLORIDA
Chairman O'Bryan read and presented Proclamations from Governor Charlie Crist and
the County Commission, respectively, to Helene Caseltine, Economic Development Director of
the Indian River County Chamber of Commerce, and Linda Schlitt-Gonzalez, Member -at -Large
(Chairman), of the Economic Development Council.
6. APPROVAL OF MINUTES -NONE
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September 14, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION -NONE
8. CONSENT AGENDA
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Consent Agenda.
8.A. APPROVAL OF WARRANTS AND WIRES -AUGUST 27, 2010 TO SEPTEMBER
2.2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of August 27, 2010 to
September 2, 2010 as requested in the memorandum of
September 2, 2010.
8.B. RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY THE
CITY OF SEBASTIAN FOR PUBLIC PURPOSES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved:
(1) Resolution 2010-070, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (Sebastian Harbour, Ltd. and Dancu Holding,
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September 14, 2010
Inc. to City of Sebastian for public use [preservation and
conservation of working waterfront]) and
(2) Resolution 2010-071, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (The Henry J. Dabrowski Irrevocable Trust to
City of Sebastian for public use [preservation and
conservation of working waterfront])
8.C. SECOND AMENDMENT TO AGREEMENT WITH FIRST BAPTIST CHURCH
FOR SHARED PARKING LOT FOR MAIN LIBRARY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute the "Second
Amendment to Agreement between Indian River County
and First Baptist Church of Vero Beach, Inc. For Shared
Parking", as recommended in the memorandum of
September 7, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. 5TH STREET SW BRIDGE REPLACEMENT OVER IRFWCD 43RD AVENUE
CANAL AND INTERSECTION IMPROVEMENTS, IRC PROJECT NO. 0206, BID
No. 2008075, CHANGE ORDER No. 1
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Change Order No. 1 to Sheltra & Son Construction
Company, Inc., increasing the contract amount by
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September 14, 2010
$21,380.75, as recommended in the memorandum of
September 2, 2010.
B.E. APPROVAL OF ANNUAL BID AWARD FOR IRC BID No. 2011007, ANNUAL
BID FOR SULFURIC ACID
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously: (1)
approved the annual contract to Shrieve Chemical
Company, as the lowest most responsive and responsible
bidder meeting the specifications as set forth in the
Invitation to Bid. Shrieve Chemical Company is our
current supplier; (2) authorized the Purchasing Division to
issue blanket purchase orders or individual job purchase
orders, as needed, for the period of October 1, 2010
through September 30, 2011 with the recommended
bidder; and (3) authorized the Purchasing Manager to
renew this bid for two (2) additional one (1) year periods
subject to satisfactory performance, zero cost increase,
vendor acceptance and the determination that renewal of
this annual bid is in the best interest of Indian River
County, as recommended in the memorandum of
September 7, 2010.
B.F. DEDICATION OF FPL EASEMENT FOR UNDERGROUND CABLE AND
CONDUIT NEEDED TO FACILITATE POWER TO WELL NUMBERS 7 AND 9
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously: (1)
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September 14, 2010
approved and authorized the Chairman to execute the
Utility Easement with FPL (Florida, Power & Light); and
(2) authorized the County Attorney to record the executed
easement, as presented, and as recommended in the
memorandum of September 8, 2010.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. ACCEPTANCE OF CHANGE ORDER #2 TO GIFFORD COMMUNITY CENTER
REPAIR
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute Change Order No.
2 to the Gifford Community Center repair agreement with
A. Thomas Construction, Inc., in the amount of $780,
bringing the revised contract amount to $61,850, as stated
and recommended in the memorandum of September 3,
2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. MISCELLANEOUS BUDGET AMENDMENT 020
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2010-072, amending the fiscal year 2009-2010
budget.
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September 14, 2010
8.1. APPROVAL OF BID AWARD FOR IRC BID No. 2011010, ANNUAL BID FOR
CLEANING SERVICES — UTILITIES OPERATIONS CENTER, DEPARTMENT
OF UTILITY SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously: (1)
approved the Bid Award to Always On Time, Inc. as the
lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid; (2)
authorized the Purchasing Division to issue blanket
purchase orders for the period of October 2010 through
September 30, 2011, with the recommended bidder; and
(3) authorized the Purchasing Manager to renew this bid
for two (2) additional one (1) year periods subject to
satisfactory performance, vendor acceptance, and the
determination that renewal of this annual bid is in the best
interest of Indian River County, all as recommended in the
memorandum of September 7, 2010.
8.J. BID A WARD: IRC #2011013 ANNUAL BID FOR UNIFORM RENTAL,
OFFICE OF MANAGEMENT AND BUDGET /PURCHASING DIVISION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously: (1)
approved the Bid Award to Aramark Uniform Services, a
division of Aramark Uniform & Career Apparel, Inc., as
the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid; (2)
authorized the Purchasing Division to issue blanket
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September 14, 2010
purchase orders for each department for a two (2) year
period from October 2010 through September 30, 2010,
with the recommended vendor; and (3) authorized the
Purchasing Manager to renew this bid for three (3)
additional one (1) year periods subject to satisfactory
performance, zero cost increase, vendor acceptance and
the determination that renewal of this annual contract is in
the best interest of the County, as recommended in the
memorandum of September 8, 2010.
8.K. AMENDMENT NO. 1 TO WORK ORDER No. 9 TO PROFESSIONAL BRIDGE
DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC.,
RELEASE OF RETAINAGE OLD DIXIE HIGHWAY BRIDGE OVER SOUTH
RELIEF CANAL IRC No. 0205
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
release of retainage for Amendment No. 1 to Work Order
No. 9 with Bridge Design Associates, Inc., in the amount
of $1,140.20, as recommended in the memorandum of
August 30, 2010.
8.L. WORK ORDER No. 23 WITH BRIDGE DESIGN ASSOCIATES, INC. FOR
BRIDGE CONSTRUCTION PHASE SERVICES FOR OSLO ROAD BRIDGE OVER
43RD AVENUE DITCH INDIAN RIVER COUNTY PROJECT No. 0533
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute Work Order No.
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September 14, 2010
23 with Bridge Design Associates, Inc., for a lump sum
amount of $7,902.60, as recommended in the
memorandum of August 23, 2010.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. ENCLAVE SUBDIVISIONSHELTRA & SON CONSTRUCTION CO., INC.,
CHANGE ORDER #2, FINAL PAY AND RELEASE OF RETAINAGE, BID #
2009019
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously: (1)
approved Change Order No. 2 with Sheltra & Son
Construction Co., Inc., decreasing the contract amount by
$11,975.20 to a total contract price of $76,898.00; and (2)
approved final payment including release of retainage to
Sheltra & Son Construction Co., Inc. in the amount of
$47,184.50, as recommended in the memorandum of
August 27, 2010.
8.N. INVITATION FROM JOHN'S ISLAND GOLF CLUB FOR STAFF TO
PARTICIPATE INA "PUBLIC SAFETY DAY" GOLF OUTING
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the participation of Emergency Services staff in the annual
"Public Safety Day" golf outing scheduled for September
26, 2010, accepting the invitation from John's Island Golf
Club, as recommended in the memorandum of September
14, 2010.
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September 14, 2010
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF
FORFEITURE TRUST FUND
Sheriff Deryl Loar provided a brief background on Florida Statute 932.7055, the Florida
Contraband Forfeiture Act, which requires a percentage of forfeiture proceeds to be expended
upon certain types of agencies/programs. He thereafter asked the Board to authorize him to
move forward before the conclusion of this fiscal year, with the expenditure of funds from the
Law Enforcement Trust Fund, supporting those programs and agencies outlined on pages 93 and
94 of the backup.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
for $11,100.39 from the Law Enforcement Trust Fund to
be used to support the following programs and agencies:
(1) $2,000.00 will be donated to the 2-1-1 Palm
Beach/Treasure Coast agency; (2) $4,600.39 will be used
to support Crime Stoppers of the Treasure Coast; (3)
$2,500.00 will go to the Substance Awareness Council;
(4) $1,000.00 will go to A Child is Missing; and (5)
$1,000.00 will be used to support the annual Florida
Missing Children's Day ceremony, as requested in the
letter of September 7, 2010.
10. PUBLIC ITEMS -NONE
10.A. PUBLIC HEARINGS -NONE
10.B. PUBLIC DISCUSSION ITEMS
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September 14, 2010
10.B.1. REQUEST TO SPEAK FROM ARDRA RIGBY AND GEORGE RIGBY
REGARDING WASTE MANAGEMENT CONTRACTS
Deleted
10. C. PUBLIC NOTICE ITEMS
Chairman O'Bryan voiced that any property owner who disagrees with the assessed value
of his/her property on their TRIM (Truth in Millage) Notice, may file a petition with the Value
Adjustment Board. He conveyed that the filing deadline is 5:00 p.m. today, September 14, 2010.
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12.A.1. REQUEST FOR AUTHORIZATION TO ABATE A PUBLIC NUISANCE AT
861 46TH AVENUE (LANDOWNERS: WILLIAM AND RACHAEL
BUCHANAN; CODE ENFORCEMENT CASE No. 2010060247)
Chief of Environmental Planning and Code Enforcement Roland DeBlois used a
PowerPoint Presentation (on file) to present description and conditions of staff's request to abate
a public nuisance consisting of multiple bags of trash situated on property owned by William and
Rachael Buchanan and located at 861 46th Avenue in Glendale Lakes Subdivision. He relayed
that the property is currently in foreclosure with the Bank of New York Trust Company, and that
although the Bank had attempted to resolve the cited violations, Mr. Buchanan had disallowed it.
Chief DeBlois relayed the Code Enforcement Board has determined that the trash constitutes a
serious threat to public health, safety and welfare, and requested that staff ask the Board to
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September 14, 2010
authorize clean-up of the property, with the ensuing costs to be recorded as a lien against the
property.
Discussion ensued, as staff provided further information for the Board members
regarding Code Enforcement Board lien procedures, the foreclosure process, and whether the
lien would apply to any additional properties owned by the Buchanan's.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler, to approve
staff's recommendation.
Chairman O'Bryan provided the opportunity for the Buchanan's to speak. No one
addressed the Board.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board authorized the
County's employees, servants, agents or contractors to
enter upon the Buchanan property at 861 46th Avenue at
all reasonable times, and take whatever action is necessary
to abate the nuisance described in staff's report, with costs
of the abatement to be recorded as a lien against the
subject property, as recommended in the memorandum of
September 1, 2010.
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September 14, 2010
12.A.2. REQUEST FROM STAFF AND THE GIFFORD EXECUTIVE GROUP FOR
AUTHORIZATION TO INITIATE AN LDR AMENDMENT TO CREATE THE
WEST GIFFORD INDUSTRIAL & COMMERCE DISTRICT (WGIC) AND TO
INITIATE THE REZONING OF 163 ACRES FROM IG TO WGIC
Planning Director Stan Boling used a PowerPoint Presentation (on file) to present
background and analysis on the request of staff and the Gifford Executive Group to create the
West Gifford Industrial & Commerce District (WGIC), and to initiate the rezoning of 163 acres
from IG (General Industrial) to WGIC. He recalled that in September 2009, the Progressive
Civic League had requested to rezone the West Gifford area to Light Industrial (IL), and that
after presenting this item to the Board in November 2009, staff had been directed to obtain input
from the Gifford Community Director Boling advised that meetings between staff, community
members, and the newly created Gifford Executive Group had led to the development of the
proposed initiative. He reviewed the uses which would be permitted in the proposed district, and
outlined the requirements for the two grandfathered uses — mulch products and junk/salvage
yards. Director Boling thereafter requested that the Board authorize staff to begin the formal
process of initiating an LDR change to create the new WGIC commerce district regulations and
to initiate rezoning of the 163 acres.
Commissioner Flescher congratulated staff, the Gifford Executive Group, and other
participating community members who worked on the WGIC District initiative. He affirmed
that the new district would align with the County's standard of embracing clean, light industry
that would provide employment opportunities.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Wheeler, to authorize staff
to: (1) initiate the formal process of amending the LDR's
to create the WGIC district; and (2) initiate the process to
rezone 163 acres in the West Gifford area from IG
(General Industrial) to WGIC (West Gifford Industrial &
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September 14, 2010
Commerce District), as recommended in the memorandum
of September 2, 2010.
Vice Chairman Solari and Commissioner Wheeler applauded staff and the community for
their efforts towards the development of the WGIC District.
Chairman O'Bryan and Vice Chairman Solari were concerned about the costs for the
junk/salvage yards to add landscaping screening by 2013, as would be required under the new
regulations, and Vice Chairman Solari requested that staff provide cost estimates.
Staff provided further information for Chairman O'Bryan regarding the "no expansion"
policy for mulch product businesses (one of the grandfathered uses).
A brief discussion ensued on whether the proposed redistricting/rezoning might result in
potential Bert J. Harris Private Property Rights Protection Act (Bert Harris) issues. Vice
Chairman Solari wanted to emphasize at the upcoming public hearing, that creation of the WGIC
District and the rezoning would increase property values throughout the area.
County Attorney Alan Polackwich, Sr. affirmed that staff was monitoring potential Bert
Harris issues closely, and would provide an opinion to the Board at the end of the redistricting
and rezoning process.
Tony Brown, Gifford Executive Group member, thanked the Commissioners, talked
about the cooperative nature of staff, and remarked that the WGIC District could help enhance
and beautify the Gifford community
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board authorized staff
to: (1) initiate the formal process of amending the LDR's
to create the WGIC district; and (2) initiate the process to
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September 14, 2010
rezone 163 acres in the West Gifford area from IG
(General Industrial) to WGIC (West Gifford Industrial &
Commerce District), as recommended in the memorandum
of September 2, 2010.
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
12.1.1. RIGHT-OF-WAY ACQUISITION— 66TH AVENUE WIDENING PROJECT, 6875
AND 6885 66TH AVENUE, SOUTHWEST CORNER OF 69TH STREET AND 66TH
AVENUE, MICHAEL A. AND SHARONLOUDERMILK
Public Works Director Christopher Mora used a PowerPoint Presentation (on file) to
provide details on a right-of-way acquisition located at the southwest corner of 69th Street and
66th Avenue. He explained that the property had gone into foreclosure with U.S. Bank National
Association as Trustee, subsequent to the Board's approval on June 3, 2008, of a Purchase &
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September 14, 2010
Sale Agreement with Michael and Sharon Loudermilk (the owners of the property at that time)
for $400,000. Director Mora reported that Attorney Rich Stringer, representing the Loudermilks,
had proposed an agreement (see pages 154 through 156 of backup) which staff did not bring
forward since the Loudermilk property is not part of the County's "Super 8" priority road list.
Outlining two alternatives for the Board, Director Mora concluded with staff s recommendation
that the Board authorize staff to bid up to $175,000 on the subject property at an upcoming
foreclosure sale.
Commissioner Wheeler was opposed to establishing a set price before the bidding.
Commissioner Davis supported moving this item forward by making an offer to the bank.
Administrator Baird felt the best approach would be to have Attorney Polackwich, who
has extensive banking experience, to begin negotiating with the bank for a short sale agreement.
Attorney Rich Stringer, representing the Loudermilks, explained why he felt the
property would be an important acquisition for the County, and encouraged the Board to present
an offer to the bank, rather than bidding at the foreclosure sale. He observed that the
Loudermilks would not be receiving revenue from the sale; however, the leaseback provision
would give their two families time to secure new housing.
A brief discussion ensued, with input from staff and Attorney Stringer, on the terms of
the leaseback, with Chairman O'Bryan advocating further examination of the rental agreement.
Further discussion arose, with input from Attorney Polackwich, about whether to set
financial parameters for his negotiations with the bank. The Board CONSENSUS was to allow
the County Attorney to have some flexibility during the negotiation process.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to authorize the
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September 14, 2010
County Attorney to negotiate a purchase price with the
U.S. Bank National Associates as Trustee, for the entire
property located at 6875 and 6885 66th Avenue, and to
report back to the Board with the negotiated price.
Attorney Polackwich confirmed that his negotiations with the bank would involve only
the purchase price, not the leaseback terms, which would have to be negotiated separately with
the Loudermilks.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board authorized the
County Attorney to negotiate a purchase price with the
U.S. Bank National Associates as Trustee, for the entire
property located at 6875 and 6885 66th Avenue, and to
report back to the Board with the negotiated price.
12.J. UTILITIES SERVICES -NONE
The Chairman called a break at 10:00 a.m., and reconvened the meeting at 10:16 a.m.,
with all members present.
13. COUNTY ATTORNEY MATTERS
13.A. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION ORDINANCE
PROPOSED. DOCUMENTS: EXEMPTION AGREEMENT, EXEMPTION
ORDINANCE, EXEMPTION APPLICATION AND EXEMPTION
SCORESHEET/MATRIX
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September 14, 2010
County Attorney Alan S. Polackwich, Sr. reminded the Assembly that at the November 2,
2010 General Election, there would be a referendum on whether to authorize the Board to grant
ad valorem tax exemptions for economic development. He recalled that on June 22, 2010, the
Board had adopted Ordinance 2010-014, the Economic Development Ad Valorem Tax
Exemption Ordinance, which sets forth the County's program for the ad valorem tax exemptions
and which becomes effective if passed by the referendum. Attorney Polackwich explained that
on August 17, 2010, he presented proposed documents pertaining to the tax exemption, and that
he was returning with revisions to two of the documents, the Revised Draft Report Tax
Abatement Application form and the Revised Draft Property Tax Abatement Scoring Matrix.
Vice Chairman Solari felt that in order for the tax abatement program to be a success,
smaller companies should benefit by receiving the same number of points for the Level of Local
Capital Investment as the larger businesses. He felt that the statutory regulations governing the
percentage of New Full Time Jobs Created in order to receive the abatement, needed be amended
to fit our small County, and proposed that the County approach the State to request a small
County amendment to the Statute.
Commissioner Davis agreed with making the tax abatement policies as user friendly as
possible, but wondered how much could be done without changing the Statute. Additionally, he
inquired whether, if the Statute was changed, the item would have to be approved by referendum.
Attorney Polackwich affirmed that the point system for New Full Time Jobs Created
must follow statutory guidelines; however, if the statutes were changed, the Board could amend
the Ordinance without a referendum.
Vice Chairman Solari pointed out that the Level of Local Capital Investment, which was
not established by Statute, could be amended at this time.
Chairman O'Bryan was in favor of keeping the Level of Local Capital Investment as
presented on the scoring matrix, noting that the scoring system was modeled after St. Lucie
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September 14, 2010
County's successful program. He added that it would incentivize people with larger projects to
come to the County.
MOTION WAS MADE by Vice Chairman Solari, to
approve staff's recommendation as is, minus the Level of
Local Capital Investment. MOTION WAS SECONDED
by Commissioner Davis.
(Clerk's Note: Commissioner Davis's SECOND was voiced after the Board accepted
input from Helene Caseltine, and is placed here for continuity).
A lengthy discussion ensued as Board members, with input from Attorney Polackwich,
debated the pros and cons of giving smaller businesses with less capital investment the maximum
number of twenty (20) points for their Level of Local Capital Investment.
Helene Caseltine, Economic Development Director, Indian River County Chamber of
Commerce, stated that it was crucial to support existing businesses and encourage them to grow.
She emphasized that a tax exemption program which benefits our existing businesses is going to
increase public perception of the County as a business -friendly community.
Board members continued making observations regarding the matrix scoring system for
Level of Local Capital Investment.
Ms. Caseltine asked Board members to align the percentages of the Level of Average
Wages (page 169) with those of the local Jobs Grant, and possibly with the State's percentages.
She thereafter outlined the percentages for the Board.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Commissioner Davis, for discussion, to
include the change to Level of Average Wages.
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September 14, 2010
Chairman O'Bryan, after receiving further input from Ms. Caseltine on the State and Jobs
Grant guidelines, outlined what the new percentages would be under the Level of Average
Wages, as follows:
1. More than 80% 75% but less than 100% County average wage — 10 Points
2. 100% or more but less than 120% 115% County average wage — 18 Points
3. 120% 115% or more but less than 140% 150% County average wage — 25 Points
4. 140%, 150% or more — 30 Points.
Chairman O'Bryan recapped the Motion: to change points scoring for the Level of Local
Capital Investment to a maximum number of 20 points for all four categories, and to change the
percentages for the Level of Average Wages, as presented above.
Chairman O'Bryan said that although he had reservations about the Level of Local
Capital Investment, he would support the Motion.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
revised documents: (1) Revised Draft Property Tax
Abatement Application Form; and (2) the Revised Draft
Property Tax Abatement Scoring Matrix, with the
following amendments to the Indian River County Ad
Valorem Tax Abatement Application Scoring Guidelines,
Scoring Matrix:
(1) Level of Local Capital Investment Maximum Number
of Points: 20:
1. More than $100,000 but less than $500,000 — 5 20
Points;
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September 14, 2010
2. $500,000 or more but less than $1,000,000 -1-0 20
Points;
3. $1,000,000 or more but less than $5,000,000 — 15 20
Points;
4. $5,000,000 or more — 20 Points;
and
(2) Level of Average Wages, Maximum Number of
Points: 30:
More than 89% 75% but less than 100% County average
wage - 10 Points
2. 100% or more but less than 120% 115% County
average wage — 18 Points
3. 120% 115% or more but less than 140% 150% County
average wage — 25 Points;
4. 140% 150% or more — 30 Points
13. B. COUNTER OFFER RECEIVED — PURCHASE AND SALE AGREEMENT — VERO
ESTATES, LLC—NORTHEAST CORNER OF C.R. 510 AND 66THAVENUE
Deputy County Attorney William DeBraal recapped his memorandum of August 30,
2010 to present background information on a prospective purchase involving a pond site and
right-of-way on property located at the northeast corner of CR510 and 66th Avenue, owned by
Vero Estates, LLC. He recalled that on April 6, 2010, the Board had considered and rejected
Vero Estates LLC's initial offer to sell for a total price of $280,617.50, and directed staff to
continue negotiations with the landowner. Attorney DeBraal outlined details of the negotiations,
said the County's latest counter-offer to purchase the land had been $240,000, inclusive of all
costs and fees, and revealed that Attorney Maguire (currently representing Vero Estates, LLC)
had been authorized to accept a total sum of $250,000. He observed that the project requiring
the right-of-way is no longer in the "Super 8" priority road projects, but noted that it is difficult
to negotiate for a pond site and that the County had a willing seller, and asked the Board to
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September 14, 2010
weigh the merits of advanced purchase of right-of-way, particularly pond sites, against
diminishing revenues.
Attorney DeBraal addressed Chairman O'Bryan's question regarding an offer which was
never implemented, to sell the pond site for $230,500, which had been accepted orally by
Attorney Jennifer Bonifield (the former attorney on the case).
Joseph Paladin, Black Swan Consulting, Inc., representing Vero Estates, LLC, provided
additional background on the negotiations which had occurred between Vero Estates LLC and
the County; explained why there had been a change of attorney; and reiterated that the
developers are willing sellers who will cooperate with the County's needs.
Commissioner Davis stated that although he could understand moving this purchase
forward, he did not agree with the higher asking price.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Vice Chairman Solari, to counter-offer
with the County's purchase price offer of $240,000,
inclusive of all fees and costs.
Commissioner Wheeler inquired whether the sellers would be provided a deadline to
accept or reject the offer.
A brief discussion ensued, with input from Attorney DeBraal and Mr. Paladin, on an
appropriate timeframe.
MOTION WAS AMENDED by Commissioner Davis,
SECONDED by Vice Chairman Solari, to extend until the
close of business on September 30, 2010, the County's
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September 14, 2010
purchase price offer of $240,000, inclusive of all fees and
costs.
There being no further discussion, the Board took the following action:
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved
extending until the close of business on September 30,
2010, the County's purchase price offer of $240,000,
inclusive of all fees and costs.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE
14. B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE
14. C. COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE
14.E. COMMISSIONER GARY C. WHEELER -NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
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September 14, 2010
I S. 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 TIIESE MINUTES
16. ADJOURNMENT
a.m.
There being no further business, the Chairman declared the meeting adjourned at 10:59
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: NOV 0 2 2010
BCC/MG/2010Minutes
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September 14, 2010
Pee.,
Peter D. O'Bryan, Chairman