HomeMy WebLinkAbout01/24/2012 (2)COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman
Peter D. O'Bryan, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Bob Solari
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JANUARY 24, 2012 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
District 3
District 4
District 1
District 2
District 5
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr , County Attorney
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Rabbi Michael Birnholz, Temple Beth Shalom
Commissioner Joseph E Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation by Himanshu Mehta, Managing Director, Indian River County
Solid Waste Disposal District on Electronics Recycling Event on Saturday,
January 28, 2012, at the Indian River County Fairgrounds
6. APPROVAL OF MINUTES
A. Regular Meeting of December 6, 2012
January 24, 2012
PAGE
1
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Page l of 5
7.
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION PAGE
A. Resignation of the Engineer Appointee to the Construction Board of
Adjustment & Appeals
(memorandum dated January 16, 2012) 2-3
B . 2012 Election of Beach and Shore Preservation Advisory Committee
Chairman and Vice Chairman
(memorandum dated January 17, 2012)
4
C. 2012 Election of the Enterprise Zone Development Agency Chairman and
Vice -Chairman
(memorandum dated January 13, 2012)
5
8. CONSENT AGENDA
A. Approval of Warrants and Wires — January 6, 2012 to January 12, 2012
(memorandum dated January 12, 2012)
6-13
B . Work Order No. 11 to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for Pedestrian Bridge on Indian River
Boulevard over 14th Street Canal — Release of Retainage for Construction
Engineering Inspection Services — IRC Project No. 0745
(memorandum dated January 10, 2012)
C. Traffic Control Device Ledger
(memorandum dated January 16, 2012)
1
16-36
D. Request from the U.S. Fish and Wildlife Service (USFWS) for County
Concurrence on a Land Exchange between the State and USFWS for
Property within the Archie Carr National Wildlife Refuge
(memorandum dated January 17, 2012)
37-45
E . Approval of Request for Proposals 2012-021 for Custodial Services
(memorandum dated January 16, 2012)
46-50
F. Traffic Video Detection Hard Drive: Board Approval for Trade-in and
Purchase of One (1) Video Detection Hard Drive
(memorandum dated January 16, 2012)
51-53
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
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January 24, 2012 Page 2 of 5
•
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and
remarks to three minutes.
1. Request to Speak from
Drainage at Sylvan Lakes
C. PUBLIC NOTICE ITEMS
None
then give your remarks. Please try to limit your
Dennis Spruce Regarding Subdivision
PAGE
54
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
Community Development
None
B. Emergency Services
None
C. General Services
None
D. Human Resources
None
E. Human Services
None
F. Leisure Services
None
January 24, 2012
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Page 3 of 5
12. DEPARTMENTAL MATTERS PAGE
G.
H.
Office of Management and Budget
None
Recreation
None
I, Public Works
None
J. Utilities Services
1. Request to Retain Legal Counsel to Assist in the Recovery of
Impact Fees from Village Green Mobile Home Park
(memorandum dated January 18, 2012)
55-58
13. COUNTY ATTORNEY MATTERS
A. INEOS/FPL Agreements Relating to Underground Electrical Facilities
(memorandum dated January 18, 2012)
59-73
B. Vero Beach Sports Village — First Amendment to Capital Reserve Account
Agreement
(memorandum dated January 13, 2012)
74-77
C. Committees Vacancies — Appointments
(memorandum dated January 18, 2012)
78-82
14. COMMISSIONERS ITEMS
A. Commissioner Gary C, Wheeler, Chairman
B.
C.
None
Commissioner Peter D. O'Bryan, Vice Chairman
1. Summary of the Florida Regional Councils Association Meeting
(memorandum dated January 18, 2012) 83-84
Commissioner Wesley S. Davis
None
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January 24, 2012 Page 4 of 5
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5.00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5.00 p.m.
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14. COMMISSIONERS ITEMS PAGE
11 Commissioner Joseph E. Flescher
E.
None
Commissioner Bob Solari
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
1. Approval of Minutes Meeting of December 6, 2011
2. Approval to Bid Segment 3 Landfill Lateral Expansion Cell I Phase
2 Project
(memorandum dated January 17, 2012)
C. Environmental Control Board
None
16. ADJOURNMENT
85-88
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.corn The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, the IRC Courthouse Law Library, and the North County Library
January 24, 2012
Page 5 of 5
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JANUARY 24, 2012
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION BY HIMANSHU MEHTA, MANAGING DIRECTOR, INDIAN RIVER
COUNTY SOLID WASTE DISPOSAL DISTRICT ON ELECTRONICS RECYCLING
EVENT ON SATURDAY, JANUARY 28, 2012, AT THE INDIAN RIVER COUNTY
FAIRGROUNDS 2
6. APPROVAL OF MINUTES 2
6.A. MEETING OF DECEMBER 6, 2012 2011 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
141 PG 906
January 24, 2012 1
7.A. RESIGNATION OF THE ENGINEER APPOINTEE TO THE CONSTRUCTION BOARD OF
ADJUSTMENT & APPEALS 3
7.B. 2012 ELECTION OF BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE
CHAIRMAN AND VICE CHAIRMAN 3
7.C. 2012 ELECTION OF THE ENTERPRISE ZONE DEVELOPMENT AGENCY CHAIRMAN
AND VICE CHAIRMAN 3
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES - JANUARY 6, 2012 TO JANUARY 12,
2012 4
8.B. WORK ORDER No 11 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR PEDESTRIAN BRIDGE
ON INDIAN RIVER BOULEVARD OVER 14TH STREET CANAL - RELEASE OF
RETAINAGE FOR CONSTRUCTION ENGINEERING INSPECTION SERVICES - IRC
PROJECT No. 0745 4
8.C. TRAFFIC CONTROL DEVICE LEDGER 5
8.D. REQUEST FROM THE U.S. FISH AND WILDLIFE SERVICE (USFWS) FOR COUNTY
CONCURRENCE ON A LAND EXCHANGE BETWEEN THE STATE AND USFWS FOR
PROPERTY WITHIN THE ARCHIE CARR NATIONAL WILDLIFE REFUGE 5
8.E. APPROVAL OF REQUEST FOR PROPOSALS 2012-021 FOR CUSTODIAL SERVICES 6
8.F. TRAFFIC VIDEO DETECTION HARD DRIVE: BOARD APPROVAL FOR TRADE-IN
AND PURCHASE OF ONE (1) VIDEO DETECTION HARD DRIVE 6
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 7
10. PUBLIC ITEMS 7
10.A. PUBLIC HEARING(S) - NONE 7
10.B. PUBLIC DISCUSSION ITEMS 7
10.13.1. REQUEST TO SPEAK FROM DENNIS SPRUCE REGARDING SUBDIVISION
DRAINAGE AT SYLVAN LAKES 7
10.C. PUBLIC NOTICE ITEMS - NONE 9
11. COUNTY ADMINISTRATOR MATTERS - NONE 9
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January 24, 2012 2
12. DEPARTMENTAL MATTERS 9
12.A. COMMUNITY DEVELOPMENT - NONE 9
12.B. EMERGENCY SERVICES - NONE 9
12.C. GENERAL SERVICES - NONE 9
12.D. HUMAN RESOURCES - NONE 10
12.E. HUMAN SERVICES - NONE 10
12.F. LEISURE SERVICES - NONE 10
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 10
12.H. RECREATION - NONE 10
12.1. PUBLIC WORKS - NONE 10
12.J. UTILITIES SERVICES 10
12.J.1 REQUEST TO RETAIN LEGAL COUNSEL TO ASSIST IN THE RECOVERY OF
IMPACT FEES FROM VILLAGE GREEN MOBILE HOME PARK 10
13. COUNTY ATTORNEY MATTERS 11
13.A. INEOS/FPL AGREEMENTS RELATING TO UNDERGROUND ELECTRICAL
FACILITIES 11
13.B. VERO BEACH SPORTS VILLAGE - FIRST AMENDMENT TO CAPITAL RESERVE
ACCOUNT AGREEMENT 13
13.C. COMMITTEES VACANCIES - APPOINTMENT 13
14. COMMISSIONER ITEMS 15
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 15
14.B. COMMISSIONER PETER D. 0 BRYAN, VICE CHAIRMAN 15
14.B.1. SUMMARY OF THE FLORIDA REGIONAL COUNCILS ASSOCIATION MEETING 15
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 15
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 15
14.E. COMMISSIONER BOB SOLARI - NONE 15
15. SPECIAL DISTRICTS AND BOARDS 15
15.A. EMERGENCY SERVICES DISTRICT - NONE 15
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 15
15.B.1. APPROVAL OF MEETING MINUTES OF DECEMBER 6, 2011 16
January 24, 2012 3
BK
15.B.2. APPROVAL TO BID SEGMENT 3 LANDFILL LATERAL EXPANSION CELL I PHASE 2
PROJECT 16
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 16
16. ADJOURNMENT 16
Bx 141PG909
January 24, 2012 4
JEFFREY K. BARTON
Clerk to the Board
January 24, 2012
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, January 24, 2012. Present were Vice Chairman Peter D. O'Bryan, and Commissioners
Wesley S. Davis, Joseph E Flescher, and Bob Solari. Chairman Gary C. Wheeler was absent.
Also present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich,
Sr., and Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Vice Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Rabbi Michael Birnholz, Temple Beth Shalom, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Flescher led the Pledge of Allegiance to the Flag.
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January 24, 2012 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION BYHIMANSHUMEHTA, MANAGING DIRECTOR, INDIAN
RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ON ELECTRONICS
RECYCLING EVENT ON SATURDAY, JANUARY 28, 2012, AT THE INDIAN
RIVER COUNTY FAIRGROUNDS
Director Himanshu Mehta presented the Board with the details of the Electronics
Recycling Event scheduled for Saturday, January 28, 2012, from 9:00 a.m. to 3:00 p.m., at the
Indian River County Fairgrounds (flier on file).
6. APPROVAL OF MINUTES
6.A. MEETING OF DECEMBER 6, 2012 2011
The Vice Chairman asked if there were any corrections or additions to the minutes.
There were none.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, by a 4-0 vote (Chairman Wheeler
absent), the Board approved the minutes of the December
6, 2011 meeting, as written.
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January 24, 2012 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. RESIGNATION OF THE ENGINEER APPOINTEE TO THE CONSTRUCTION
BOARD OF ADJUSTMENT & APPEALS
Noted for the record was the resignation of Dean Luethje, P E , as the Engineer
Appointee to the Construction Board of Adjustment and Appeals.
7.B. 2012 ELECTION OF BEACH AND SHORE PRESER VATIONADVISORY
COMMITTEE CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the election of Dave Barney as Chairman, and Bob Anderson as
Vice Chairman, to the Beach and Shore Preservation Advisory Committee for 2012.
7. C. 2012 ELECTION OF THE ENTERPRISE ZONE DE VELOPMENT AGENCY
CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the election of Richard Lane as Chairman, and Penny Chandler
as Vice Chairman, to the Enterprise Zone Development Agency for 2012.
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January 24, 2012 3
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES - JANUARY 6, 2012 TO JANUARY 12,
2012
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 4-0 vote (Chairman
Wheeler absent), the Board approved the list of Warrants
and Wires as issued by the Clerk to the Board for the time
period of January 6, 2012 to January 12, 2012, as
requested in the memorandum of January 12, 2012.
8.B. WORK ORDER No. 11 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGNASSOCIATES, INC. FOR PEDESTRIAN
BRIDGE ONINDIANRIVER BOULEVARD OVER 14TH STREET CANAL
RELEASE OF RETAINAGE FOR CONSTRUCTION ENGINEERING INSPECTION
SERVICES - IRC PROJECT No. 0745
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 4-0 vote (Chairman
Wheeler absent), the Board approved payment of Bridge
Design Associates, Inc., Invoice No. 08-585/R, dated
October 1, 2010, in the amount of $466.90, for release of
retainage for the construction engineering and inspection
portion of Work Order No. 11, as requested in the
memorandum of January 10, 2012.
January 24, 2012 4
If 141PG913
8.C. TRAFFIC CONTROL DEVICE LEDGER
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 4-0 vote (Chairman
Wheeler absent) the Board approved Resolution 2012-
005, approving traffic control devices authorized by the
Director of Public Works.
8.D. REQUEST FROM THE U.S. FISH AND WILDLIFE SERVICE (USFWS) FOR
COUNTY CONCURRENCE ONA LAND EXCHANGE BETWEEN THE STATE
AND USFWS FOR PROPERTY WITHIN THE ARCHIE CARR NATIONAL
WILDLIFE REFUGE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 4-0 vote (Chairman
Wheeler absent), the Board approved the endorsement of
the State's exchange of either Parcel 1 or Parcel 2, but not
Parcel 3, for the U.S. Fish and Wildlife Service (USFWS)
owned property in Brevard County, as recommended in
the memorandum dated January 17, 2012.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 4-0 vote (Chairman
Wheeler absent), the Board approved that if Parcel 1 is
selected for the exchange, the Board will direct staff to
coordinate with State staff to remove the Parcel 1 area
from Sublease No. 3400-01, as recommended in the
memorandum dated January 17, 2012.
BK 141PG914
January 24, 2012 5
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. APPROVAL OF REQUEST FOR PROPOSALS 2012-021 FOR CUSTODIAL
SERVICES
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 4-0 vote (Chairman
Wheeler absent), the Board: (1) accepted the selection
committee ranking of JMC Services, Inc , with the pricing
as submitted in their proposal; (2) authorized the
Chairman to execute the agreement; and (3) approved that
a Purchase Order be issued to Beachland Cleaning for an
additional one month of service, all as recommended in
the memorandum of January 16, 2012.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. TRAFFIC VIDEO DETECTION HARD DRIVE: BOARD APPROVAL FOR
TRADE-IN AND PURCHASE OF ONE (1) VIDEO DETECTION HARD DRIVE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 4-0 vote (Chairman
Wheeler absent), the Board approved the transaction for
the Traffic Engineering Division to trade in one (1) traffic
video detection hard drive and purchase one (1) new
traffic video detection hard drive, as recommended in the
memorandum of January 16, 2012.
January 24, 2012 6
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9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S) - NONE
10.B. PUBLIC DISCUSSION ITEMS
10. B.1. REQUEST TO SPEAK FROM DENNIS SPRUCE REGARDING SUBDIVISION
DRAINAGE AT SYL VAN LAKES
Dennis Spruce 5955 41St Street, provided background regarding the ongoing flooding to
his property from the abutting properties of Sylvan Lakes Subdivision (Sylvan Lakes). He
requested that the County require Sylvan Lakes to install their own drainage so his property will
stop flooding, and impose fines until the violations are resolved. He expressed frustration over
spending time and money trying to rectify the situation, Sylvan Lakes not wanting to do their
part, and not being able to make improvements to his land because of the flooding. He also
voiced concerns over several incidents (with a resident of Sylvan Lakes) that dealt with him
cutting down trees in a swale so County staff could investigate the drainage problem, the resident
videotaping in the direction of his property, and the resident contacting Animal Control for
citations regarding his barking dogs, which he claims he never received.
Public Works Director Chris Mora, using aerial photographs (on file), provided specifics
and answered the Commissioners' concerns regarding the drainage issue. He said that staff's
topographic survey of the boundary line (between Mr. Spruce's property and the abutting
properties of Sylvan Lakes), showed that a perimeter swale behind the properties, as originally
planned by Sylvan Lakes in 1989 was never constructed. He conveyed staff's beliefs that there
is enough elevation difference to build a swale within the existing ten -foot drainage easement,
and enough fall in the area to allow the water to be conveyed down to their stormwater pond. He
141 PG 916
January 24, 2012 7
listed the three possible alternatives to correct the drainage problem that were presented to Bill
Morgan, a representative of Sylvan Lakes: (1) dig a shallow swale where it was originally
planned; (2) put a drainage pipe within the drainage easement and convey the water to the
stormwater pond; or (3) dig a swale that would straddle the property line. Director Mora relayed
that Mr. Morgan had told staff that he wanted to wait until the snowbirds returned before
presenting it to the Homeowners' Association. Staff did not know the current progress, other
than the fact that local engineers were contacted, who in turn contacted staff for survey
information and possible solutions.
Vice Chairman O'Bryan questioned the enforcement capability of the County to expedite
the process.
Director Mora felt it was an issue between private parties.
County Attorney Alan S. Polackwich, Sr. explained the law and offered suggestions
pertaining to violations and enforcement. He also indicated that Mr. Spruce should pursue his
own private remedy since the adjoining properties are diverting drainage onto his property, and
causing a nuisance.
Mr. Spruce revealed that Sylvan Lakes had received notice from the County four or five
years ago regarding this flooding issue.
Commissioner Flescher wanted to know the County's recourse.
Attorney Polackwich said that to change the condition of what was approved on the site
plan is a Code Enforcement violation, and that the lengthy delay in enforcement (with some
houses being built 15 to 20 years ago) could create a defense for the property owners. He
believed the remedy exists more against the property owners than the association because he felt
the individual property owners changed their lots and did not build the drainage easement.
January 24, 2012 8
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Discussion ensued regarding the ten -foot drainage easement and who owns it, the delayed
defense in Code Enforcement proceedings, and viable courses of action.
Commissioner Solari mentioned that a Code Enforcement action might help focus Sylvan
Lakes' efforts, and Mr. Spruce agreed.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, by a 4-0 vote (Chairman Wheeler
absent), the Board directed staff to contact Mr. Morgan at
Sylvan Lakes to: (1) determine who owns the ten -foot
easement; (2) determine where the Homeowners'
Association is in the decision making process; and
(3) advise them of the likelihood that a Code Enforcement
action may be brought against them.
Vice Chairman O'Bryan informed Mr. Spruce that he would have the County
Administrator follow up on the barking dog citations.
10. C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
January 24, 2012 9
BK 141 PG 918
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..1 UTILITIES SERVICES
12.J.1. REQUEST TO RETAIN LEGAL COUNSEL TO ASSIST IN THE RECOVERY OF
IMPACT FEES FROM VILLAGE GREEN MOBILE HOME PARK
Director of Utility Services Erik Olson reviewed his memorandum dated January 18,
2012 providing background on Countryside North Mobile Home Park (Countryside); the
establishment of Village Green Mobile Home Park (Village Green) by the same owners as
Countryside; and Countryside's agreement, and subsequent failure, to pay the County for
delinquent sewer impact fees. Consequently the County retained legal counsel from the law
firm of Awerbach and Cohen P.A., who filed legal action against the owners and successfully
recovered the fees. He thereafter explained a similar matter where the owners of Village Green
owes the County for water and sewer impact fees in the amount of $1,560,000, and recently
retained legal counsel to refute the fees. Due to the large amount of money owed, the similarity
of history between the two parks, and considering that the Village Green owners have retained
legal counsel, the Utilities Department requested the Board allow the County Attorney to retain
the legal services of Awerbach and Cohn P.A. to assist in the recovery of the fees.
January 24, 2012 10
BK 141 PG 919
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Attorney Polackwich said that normally staff would not use this process, but because this
is virtually identical to the prior situation, he felt it would be beneficial to seek outside council to
simplify and expedite the process.
The Vice Chairman CALLED THE QUESTION and the
Motion carried. The Board by a 4-0 vote (Chairman
Wheeler absent), authorized the County Attorney to enter
into an agreement with the Law Firm of Awerbach and
Cohn P.A. to recover the impact fees owed by Village
Green Mobile Home Park to the County, as recommended
in the memorandum of January 18, 2012.
AGREEMENT LETTER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. INEOS/FPL AGREEMENTS RELATING TO UNDERGROUND ELECTRICAL
FACILITIES
Attorney Polackwich recapped his memorandum of January 18, 2012, providing
background and analysis of the proposed agreement for a City/County Right -of -Way Agreement
for underground installations with Florida Power and Light (FP&L), as well as the proposed
Reimbursement Agreement with INEOS New Planet BioEnergy, LLC
Vice Chairman O'Bryan noted that the two agreements should be addressed separately.
January 24, 2012 11
BK 141PG920
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve the
City/County Right -of -Way Agreement with Florida Power
and Light, and authorize the Chairman to execute same, as
recommended in the memorandum of January 18, 2012.
Commissioner Solari wanted to know if this is what had been done in the past.
Ken Rubin, Attorney for Florida Power and Light, explained that normally if it is a
private easement, the customer would bear 100% of the responsibility of moving the
underground facilities, if they had to be moved; otherwise, in the right-of-way agreement, the
municipality or governmental entity would have 100% responsibility.
Attorney Polackwich clarified that the installation of facilities above ground does not
require a separate agreement, only for facilities installed underground.
Bob Johnson, Coral Wind Subdivision, sought and received the proposed locations for
the underground cables.
The Vice Chairman CALLED THE QUESTION and the
Motion carried by a 4-0 vote (Chairman Wheeler absent).
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Chairman Wheeler
absent), the Board approved the Reimbursement
Agreement with INEOS New Planet BioEnergy, LLC for
certain expenses and liabilities the County might incur,
and authorized the Chairman to execute same, as
recommended in the memorandum of January 18, 2012.
January 24, 2012 12
BK 141PG921
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called a break at 10:00 a m , and reconvened the meeting at 10:10 a m ,
with all members present.
13.B. VERO BEACH SPORTS VILLAGE - FIRST AMENDMENT TO CAPITAL
RESERVE ACCOUNT AGREEMENT
Attorney Polackwich provided background on the assignment of the Facility Lease
Agreement for the Vero Beach Sports Village, from MiLB Vero Beach, LLC (MiLB) to
Verotown, LLC (Verotown); and requested the Board approve the substitution of the name
Verotown in place of MiLB, on the proposed First Amendment to the Capital Reserve Account
Agreement.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Davis, by a 4-0 vote (Chairman Wheeler
absent), the Board approved the proposed First
Amendment to Capital Reserve Account Agreement, and
authorized the Chairman to execute the Amendment on
behalf of the Board, as recommended in the memorandum
of January 13, 2012.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. C. COMMITTEES VACANCIES - APPOINTMENT
Attorney Polackwich recalled that on September 13, 2011, the Board adopted Resolution
2011-072, which assigned the monitoring of committee member terms and overseeing the
process of annual appointments and reappointment to the County Attorney's office. He reviewed
BK 141 PG 922
January 24, 2012 13
the list of committee vacancies and qualified applicants (pages 80 and 81 of the Agenda Packet),
and requested the Board appoint the committee members to the appropriate vacancies, or defer
the appointments. He informed the Board that David Washington had applied for numerous
committee vacancies, but prioritized the Affordable Housing Advisory Committee as his number
one choice.
There was a brief discussion among the Commissioners pertaining to the committee
vacancies and qualified applicants.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Vice Chairman O'Bryan, to appoint:
(1) David Washington to the Affordable Housing
Advisory Committee; (2) Louis C. Schacht to the
Agricultural Advisory Committee; (3) Duane M. Wiese as
Engineer, and Bryant Jenks as Code Administrator, to the
Construction Board of Adjustment and Appeals; (4) no
applicants to the Economic Development Council; and (5)
Nicholas Rains to the Enterprise Zone Development
Agency.
Commissioner Solari spoke to the difficulty of the Affordable Housing Advisory
Committee making a quorum at their meetings. He suggested contacting the State to see if there
could be a small -County exclusion from this committee, do away with the committee, and have
staff send any necessary reports directly to the Commissioners.
Discussion ensued as to whether there would be another committee that the Affordable
Housing Advisory Committee could fall under, such as the Housing Authority or a non-profit
organization.
January 24, 2012 14
Bt 141 PG 923
The Vice Chairman CALLED THE QUESTION and the
Motion carried by a 4-0 vote (Chairman Wheeler absent).
14. COMMISSIONER ITEMS
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN NONE
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN
14111. SUMMARY OF THE FLORIDA REGIONAL COUNCILSASSOCL4TION
MEETING
Vice Chairman O'Bryan provided the Board with an update on his travel to Tallahassee,
on Friday, January 13, 2012, to attend the Florida Regional Councils Association meeting. He
briefly summarized the ongoing activities of the Regional Planning Councils Association (topics
of discussion on page 84 of the Agenda Packet).
14. C. COMMISSIONER WESLEY S. DAVIS - NONE
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.E. COMMISSIONER BOB SOLARI - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15. B. SOLID WASTE DISPOSAL DISTRICT
January 24, 2012 15
N4IPG924
The Vice Chairman announced that immediately upon adjournment the Board would
reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes
are being prepared separately.
15.B.1. APPROVAL OF MEETING MINUTES OF DECEMBER 6, 2011
15.B.2. APPROVAL TO BID SEGMENT 3 LANDFILL LATERAL EXPANSION CELL I
PHASE 2 PROJECT
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 Vice Chairman declared the meeting adjourned at
10:30 a.m.
ATTEST:
c.„.2*z_t_D
Jeffrey K Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
MAR 2 0 2012
BCC/LA/2012 Minutes
January 24, 2012
16
BK 141 PG 925