HomeMy WebLinkAbout04/06/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 6, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS -NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. A PRESENTATION BY SUSTAINABLE INDIAN RIVER INC. ON "THE SUSTAINABLE
LIVING EXPO" EVENT BEING HELD ON APRIL 10, 2010 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2010,
AS CHILD ABUSE PREVENTION MONTH 2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY, 2010
AS MOTORCYCLE SAFETY AWARENESS MONTH 2
5.D. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 2010 AS
"TOASTMASTERS INTERNATIONAL MONTH" 3
6. APPROVAL OF MINUTES 3
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April 6, 2010
6.A. REGULAR MEETING OF FEBRUARY 16, 2010 3
6.B. ECONOMIC/GOAL SUMMIT II OF FEBRUARY 18, 2010 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION -NONE 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES MARCH 12, 2010 TO MARCH 18, 2010 4
8.B. APPROVAL OF WARRANTS AND WIRES, MARCH 19, 2010 TO MARCH 25, 2010 4
8.C. UPDATED OPEB INVESTMENT POLICY - TWO MINOR CHANGES 5
8.D. FLORIDA DEPARTMENT OF REVENUE -REVENUE SHARING APPLICATION FOR
2009-10 5
8.E. PERMISSION TO ADVERTISE FOR PUBLIC HEARING FOR AMENDMENT TO
SECTION 100.03(4) OF THE INDIAN RIVER COUNTY CODE, CODIFYING AND
PUBLISHING THE ORDINANCES TO READOPT THE CODE UP TO AND INCLUDING
SUPPLEMENT 78 AS PUBLISHED BY THE MUNICIPAL CODE CORPORATION 5
8.F. COMPLIANCE AND RESTORATION SECURITY FOR RANCH ROAD LAKE SAND
MINE, PHASES 1 AND 2 6
8.G. AUTHORIZATION FOR OUT OF COUNTY TRAVEL FOR COUNTY ADMINISTRATOR 6
8.H. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATIVE DELEGATION FOR
INDIAN RIVER COUNTY TO SEEK LEGISLATIVE SUPPORT FOR THE UNITED
STATES SPACE PROGRAM 7
8.I. RELEASE OF RETAINAGE AND FINAL PAYMENT OF WORK ORDER NO. MC1-
REVISED WITH PENINSULA HYDROLOGIC DATA SPECIALISTS, INC. FOR WATER
QUALITY TESTING AND SUPPORT SERVICES FOR PC MAIN (MAIN RELIEF
CANAL, POLLUTION CONTROL SYSTEM) 7
8.J. REQUEST FOR CHANGE ORDER FOR LEGAL COUNSEL REGARDING 800MHz
REBANDING PROJECT 8
8.K. APPROVAL OF RENEWAL FOR A CLASS "A" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR INDIAN RIVER SHORES DEPARTMENT OF
PUBLIC SAFETY 8
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April 6, 2010
8.L. CHANGE ORDER NO. 4 - FINAL PAY AND RELEASE OF RETAINAGE H & J
CONTRACTING, INC., CR 512, PHASE IV - IRC PROJECT #961 1B, BID NUMBER
2008012 9
8.M. WORK ORDER NO. 4 (SIDEWALK/SOD) H & D CONSTRUCTION CO, INC.,
ASHLEY LAKES SIDEWALK - CHANGE ORDER No. 1 RELEASE OF RETAINAGE
AND FINAL PAYMENT 9
8.N. FLORIDA INLAND NAVIGATION DISTRICT FY 2010-2011 WATERWAYS
ASSISTANCE PROGRAM AUTHORIZING RESOLUTION FOR THE OSLO BOAT RAMP
IMPROVEMENTS 10
8.0. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL; AND
AUTHORIZATION FOR COUNTY ADMINISTRATOR TO SIGN AUCTION AGREEMENT
WITH KARLIN DANIEL & ASSOCIATES, INC. 10
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 11
10. PUBLIC ITEMS 11
10.A. PUBLIC HEARING 11
10.A.1. REQUEST FOR AUTHORIZATION TO SUBMIT AN FY 2010 GRANT APPLICATION
FOR 49 USC CH. 53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING
ASSISTANCE 11
10.B. PUBLIC DISCUSSION ITEMS 12
10.B.1. REQUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING CODE
ENFORCEMENT 12
10.C. PUBLIC NOTICE ITEMS -NONE 12
11. COUNTY ADMINISTRATOR MATTERS 13
11.A. COMMITTEES 13
12. DEPARTMENTAL MATTERS 16
12.A. COMMUNITY DEVELOPMENT -NONE 16
12.B. EMERGENCY SERVICES -NONE 16
12.C. GENERAL SERVICES -NONE 16
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April 6, 2010
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 16
12.I.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 16
12.I.2. AMENDMENT NO. 3 TO DEVELOPER AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND POINTE WEST OF VERO BEACH, LIMITED PARTNERSHIP 17
12.I.3. 53RD STREET (OLD DIXIE HIGHWAY TO INDIAN RIVER BLVD), AMENDED
DEVELOPER AGREEMENT - NORTH AMERICAN PROPERTIES 19
12.J. UTILITIES SERVICES 20
12.J.1. APPROVAL OF BID AWARD FOR IRC BID No. 2010036 16" WATER
TRANSMISSION MAIN EXTENSION ON COLLEGE LANE 20
12.J.2. ADVANCE UTILITY SYSTEMS IMPLEMENTATION OF INFINITY TELECONNECT
LINK 20
13. COUNTY ATTORNEY MATTERS 21
13.A. CONSIDERATION OF THE PROPOSED LEASE AGREEMENT BETWEEN INDIAN
RIVER COUNTY AND PELICAN ISLAND AUDUBON SOCIETY AND FINANCIAL
CONTRIBUTION TO THE IMPROVEMENTS ASSOCIATED WITH THE PROJECT 21
13.B. ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVENUE, BANACK FAMILY
LIMITED PARTNERSHIP 66TH AVENUE AND 41ST STREET 24
13.C. OFFERS TO SELL REAL ESTATE ON C.R. 510 AND 66TH AVENUE 25
13.D. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, CALLING A REFERENDUM WITHIN ITS TOTAL JURISDICTION
TO DETERMINE WHETHER THE BOARD OF COUNTY COMMISSIONERS SHOULD
BE AUTHORIZED TO GRANT ECONOMIC DEVELOPMENT AD VALOREM TAX
EXEMPTIONS TO NEW BUSINESSES AND EXPANDING BUSINESSES 29
13.E. HOLMAN STADIUM USE GUIDELINES 30
13.F. DEPUTY COUNTY ATTORNEY AND ASSISTANT COUNTY ATTORNEY
EMPLOYMENT CONTRACTS 30
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April 6, 2010
14. COMMISSIONER ITEMS 30
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 30
14.A.1. AN UPDATE OF THE FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE
CONFERENCE 30
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 30
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 30
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 30
14.E. COMMISSIONER GARY C. WHEELER 31
14.E.1. DISCUSSION ITEM 31
15. SPECIAL DISTRICTS AND BOARDS 33
1 5.A. EMERGENCY SERVICES DISTRICT -NONE 33
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 33
15.C. ENVIRONMENTAL CONTROL BOARD 33
16. ADJOURNMENT 34
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April 6, 2010
JEFFREY K. BARTON
Clerk to the Board
April 6, 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, April 6, 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
Reverend Tom Harris, First Presbyterian Church, delivered the Invocation.
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April 6, 2010
3. PLEDGE OF ALLEGIANCE
Chairman O'Bryan led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
5. PROCLAMATIONS AND PRESENTATIONS
S.A. A PRESENTATION BY SUSTAINABLE INDIAN RIVER INC. ON "THE
SUSTAINABLE LIVING EXPO" EVENT BEING HELD ON APRIL 10, 2010
Judy Orcutt and Amy Thoma gave the presentation.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL,
2010, AS CHILD ABUSE PREVENTION MONTH
Commissioner Davis read and presented the Proclamation to Ed Kay, Erin Grall, Nancy
Gollnick, Jeff Smith, Jenny Frederick, Barbara Parent, Andrew Kennedy, Scott Wallace, and Jan
Binney, Exchange Club Officers and Members.
5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY,
2010 AS MOTORCYCLE SAFETY AWARENESS MONTH
Commissioner Wheeler read and presented the Proclamation to Gail Henbockel, who
accepted on behalf of ABATE (American Bikers Aiming Towards Education).
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April 6, 2010
S.D. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 2010 AS
"TOASTMASTERS INTERNATIONAL MONTH"
Vice Chairman Solari read and presented the Proclamation to Bea Gardner and Cindy
Green of the Beachsiders Toastmasters Club.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF FEBRUARY 161 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of February 16, 2010. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of February 16, 2010,
as written.
6.B. ECONOMIC/GOAL SUMMIT II OF FEBRUARY 18, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Economic/Goal Summit II of February 18, 2010. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Economic/Goal Summit II of February
18, 2010, as written.
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April 6, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION -NONE
8. CONSENT AGENDA
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Consent Agenda, as presented.
8.A. APPROVAL OF WARRANTS AND WIRES MARCH 12, 2010 TO MARCH 18,
2010
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of March 12, 2010 to March 18,
2010, as recommended in the memorandum of March 18,
2010.
8.B. APPROVAL OF WARRANTS AND WIRES, MARCH 19, 2010 TO MARCH 25,
2010
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of March 19, 2010 to March 25,
2010, as requested in the memorandum of March 25,
2010.
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April 6, 2010
8.C. UPDATED OPEB INVESTMENT POLICY — Two MINOR CHANGES
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Other Post Employment Benefits (OPEB) investment
policy change (outlined on page 23 of the backup), as
recommended in the memorandum of March 18, 2010.
8.D. FLORIDA DEPARTMENT OF REVENUE -REVENUE SHARING APPLICATION
FOR 2009-10
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
authorized the Chairman to execute the State Revenue
Sharing application for 2009-2010, as recommended in the
memorandum of March 30, 2010.
APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. PERMISSION TO ADVERTISE FOR PUBLIC HEARING FOR AMENDMENT TO
SECTION 100.03(4) OF THE INDIAN RIVER COUNTY CODE, CODIFYING
AND PUBLISHING THE ORDINANCES TO READOPT THE CODE UP TO AND
INCLUDING SUPPLEMENT 78 AS PUBLISHED BY THE MUNICIPAL CODE
CORPORATION
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
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April 6, 2010
authorized staff to advertise for a public hearing on May 4,
2010 to amend Section 100.03(4) of the Indian River
County Code, as recommended in the memorandum of
March 24, 2010.
8.F. COMPLIANCE AND RESTORATION SECURITY FOR RANCH ROAD LAKE
SAND MINE, PHASES 1 AND 2
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute: (1) the Cash
Deposit and Escrow Agreement for Ranch Road Lake
Sand Mine, Phase 1; and (2) the Cash Deposit and Escrow
Agreement for Ranch Road Lake Sand Mine, Phase 2, as
recommended in the memorandum of March 22, 2010.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. G. AUTHORIZATION FOR OUT OF COUNTY TRAVEL FOR COUNTY
ADMINISTRATOR
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
authorized out of County travel for the County
Administrator to: (1) attend the Finance & Tax Seminar
offered by Nabors Giblin & Nickerson, PA (NG&N) on
April 15 and 16, 2010, in Orlando, Florida; (2) attend the
Governor's Hurricane Conference in Fort Lauderdale,
Florida, May 26 - 28, 2010; and (3) attend the Florida
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April 6, 2010
Association of Counties Annual Conference and
Educational Exposition in Tampa, Florida, June 29 - July
2, 2010, as requested in the memorandum of March 24,
2010.
8.H. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATIVE
DELEGATION FOR INDIAN RIVER COUNTY TO SEEK LEGISLATIVE
SUPPORT FOR THE UNITED STATES SPACE PROGRAM
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2010-025, urging the Florida Legislative
Delegation for Indian River County to seek legislative
support for the United States Space Program.
8.1. RELEASE OF RETAINAGE AND FINAL PAYMENT OF WORK ORDER No.
MCI -REVISED WITH PENINSULA HYDROLOGIC DATA SPECIALISTS, INC.
FOR WATER QUALITY TESTING AND SUPPORT SERVICES FOR PC MAIN
(MAIN RELIEF CANAL, POLLUTION CONTROL SYSTEM)
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
payment of Peninsula Hydrologic Data Specialists, Inc's
(PhDS) final invoice in the amount of $9,345.00, which
includes all retainage for the Work Order, as
recommended in the memorandum of March 25, 2010.
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April 6, 2010
8.J. REQUEST FOR CHANGE ORDER FOR LEGAL COUNSEL REGARDING
800MHz REBANDING PROJECT
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Change Order Request for legal counsel, authorizing
that goods and services identified on the invoice submitted
by Shulman, Rogers, Gandal, Pordy & Ecker, P.A., have
been performed (in conjunction with agreement with
Nextel South [Sprint] for radio rebanding), as
recommended in the memorandum of March 15, 2010.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. APPROVAL OF RENEWAL FOR A CLASS "A" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR INDIAN RIVER SHORES DEPARTMENT
OF PUBLIC SAFETY
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
renewal of the Class "A" Certificate of Public
Convenience and Necessity for Indian River Shores
Department of Public Safety, to be effective for a period
of two (2) years from April 15, 2010 to April 15, 2012, as
recommended in the memorandum of March 29, 2010.
CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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April 6, 2010
8.L. CHANGE ORDER No. 4 - FINAL PAY AND RELEASE OF RETAINAGE H & J
CONTRACTING, INC., CR 512, PHASE IV- IRC PROJECT #9611B, BID
NUMBER 2008012
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
Change Order No. 4 and payment of H & J Contracting,
Inc. Application for Payment No. 23, dated January 23,
2010 in the amount of $448,437.92 (for project at
Sebastian River Middle School) as recommended in the
memorandum of March 23, 2010.
8.M. WORK ORDER No. 4 (SIDEWALK/SOD) H & D CONSTRUCTION CO, INC.,
ASHLEY LAKES SIDEWALK - CHANGE ORDER No. 1 RELEASE OF
RETAINAGE AND FINAL PAYMENT
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
Contract Change Order No. 1 and payment of Contractor's
Application for Payment No. 2 in the amount of $6,408.18
for full and final payment of Work Order No. 4 with H &
D Construction Co., Inc., as recommended in the
memorandum of March 12, 2010.
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April 6, 2010
8.N. FLORIDA INLAND NAVIGATION DISTRICT FY 2010-2011 WATERWAYS
ASSISTANCE PROGRAM AUTHORIZING RESOLUTION FOR THE OSLO BOAT
RAMP IMPROVEMENTS
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
Authorizing Resolution 2010-026, Attachment E-6,
Resolution for assistance under the Florida Inland
Navigation District Waterways Assistance Program.
8.0. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL; AND
AUTHORIZATION FOR COUNTY ADMINISTRATOR TO SIGN AUCTION
AGREEMENT WITHKARLINDANIEL & ASSOCIATES, INC.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously: (1)
declared the items on the Excess Equipment List surplus
and authorized its sale and/or proper disposal; (2)
approved and authorized the County Administrator to
execute the Auction Agreement with Karlin Daniel &
Associates, Inc.; and (3) authorized the County
Administrator to execute any future auction agreements
under the terms of the City of Port St. Lucie Contract
#20070156, all as recommended in the memorandum of
March 29, 2010.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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April 6, 2010
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
10.A.1. REQUEST FOR A UTHORIZATION TO SUBMIT AN FY 2010 GRANT
APPLICATION FOR 49 USC CH. 53, SECTION 5307 MASS TRANSIT
CAPITAL AND OPERATING ASSISTANCE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
MPO (Metropolitan Planning Organization) Staff Director Phil Matson detailed the
request from the Senior Resource Association for the County to submit an application for grant
funds under 49 USC Ch. 53, Section 5307, Federal Mass Transit Assistance, to be used for
transit service expenses in the County.
During discussion and in response to queries by the Board members, Director Matson
provided further details on the GoLine bus service, and reported that additional information was
available at http://golineirt.com. Citizens could also obtain information at the lobby counter, or
by calling 569-0903.
The Chairman opened the Public Hearing.
Linda Hillman, 2315 18th Avenue, President of Original Town Neighborhood
Association, presented her objections to the Go -Line busses using the Original Town
neighborhood as a main artery.
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April 6, 2010
Responding to Commissioner O'Bryan's query, Mr. Matson affirmed that he and Karen
Wood, from the Senior Resource Association, had been researching an alternative to having the
busses go through the Original Town neighborhood.
Commissioner Davis stated he supported the Motion, with the caveat that staff works out
with the Old Town Neighborhood Association the issue of the bus route.
There being no further speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2010-027, authorizing the filing of a FY 2010
Grant Application for 49 USC Ch. 53, Section 5307 Mass
Transit Capital and Operating Assistance.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING CODE
ENFORCEMENT
William M. Wells, 8800 44th Avenue, expressed appreciation for Commissioner Flescher
and staff's efforts towards resolution of his drainage problem on 44th Avenue.
(Clerk's Note: See Item 10.B.2. Request to Speak from William M Wells Regarding
Drainage on 44th Avenue of the March 23, 2010 Board of County Commission meeting.)
No Board Action Required or Taken.
10. C. PUBLIC NOTICE ITEMS -NONE
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April 6, 2010
11. COUNTY ADMINISTRATOR MATTERS
I1.A. COMMITTEES
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Flescher, for discussion,
to approve staff's recommendation.
Chairman O'Bryan recapped the list of committees that were not required, and were
proposed to be sunsetted. He noted the list excluded the Agricultural Advisory Committee, the
Beach and Shore Preservation Advisory Committee, and the Economic Development Council,
and wished to add the Children's Services Advisory Committee to the list of committees that
would not be sunsetted.
Commissioner Flescher clarified that he had seconded the Motion only for discussion,
and expressed his concerns about sunsetting the proposed committees.
Vice Chairman Solari provided arguments in support of the committee reductions;
however, he agreed to amend his Motion to retain the Children's Services Advisory Committee.
He also wanted to see whether any of the State -mandated committees could meet less often, or
be combined or eliminated.
Commissioner Flescher WITHDREW his Second to the
Motion, and the Motion DIED.
April 6, 2010
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MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Davis, to approve staff's
recommendation, with the additional exception of the
Children's Services Advisory Committee from sunsetting,
and for those committees which are mandated by State
Ordinance, to direct staff to discuss with the State whether
any of the committees may meet less frequently, be
incorporated into other committees, or be eliminated
entirely.
Under discussion, it was noted that some of the committees were established by
Ordinance, others by Resolution, and the corresponding documents would need to be drawn up
by Attorney Polackwich in order to sunset the committees
Vice Chairman Solari wanted Attorney Polackwich to list each committee individually,
paragraph by paragraph, on one Resolution and one Ordinance, so if a Board majority wishes to
not sunset an individual committee, it can be removed from that document.
Attorney Polackwich noted that a Public Hearing would need to be held for adoption of
the Ordinance.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Commissioner Davis, to direct the
County Attorney to return with one Ordinance
Amendment to provide for dissolving and sunsetting
committees created pursuant to Ordinances, and one
Resolution to provide for dissolving and sunsetting
committees created pursuant to Resolutions, to be
presented under one Agenda Item.
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April 6, 2010
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Flescher opposed), the Motion
carried. The Board: (1) approved staff's recommendation
to sunset all the committees on the "Not Required" list as
follows: Conservation Lands Advisory Committee;
Emergency Services District Advisory Committee;
Historic Resources Advisory Committee; Land
Acquisition Advisory Committee; North Barrier Island
Corridor Ongoing Review Committee; Parks and
Recreation Advisory Committee; Professional Services
Advisory Committee; Public Library Advisory Board; SR
60 Corridor Plan Ongoing Review Task Force; Utility
Advisory Committee; and Wabasso Corridor Plan
Ongoing Review Task Force, with the exception of the
Agriculture Advisory Committee, the Beach and Shore
Preservation Advisory Committee, and the Economic
Development Council, and further excepting from
sunsetting, the Children's Services Advisory Committee;
(2) approved amending at its discretion, the meeting
schedules for the remaining committees that currently
meet monthly or bi-monthly to quarterly, with the
exception of the Planning and Zoning Commission, and
the Code Enforcement Board; (3) directed the County
Attorney to return with one Ordinance Amendment to
provide for dissolving and sunsetting committees created
pursuant to Ordinances, and one Resolution to provide for
dissolving and sunsetting committees created pursuant to
Resolutions, to be presented under one agenda item; and
(4) directed staff to discuss with the State whether any of
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April 6, 2010
the State -mandated committees may meet less frequently,
be incorporated into other committees, or be eliminated.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12.B. EMERGENCYSERVICESNONE
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. STAFF UPDATE — SECTOR 3 BEACH RENOURISHMENT PROJECT
Public Works Director Christopher Mora recapped staff's report (on file) on the progress
of the Sector 3 Beach Renourishment Project.
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April 6, 2010
12.1.2. AMENDMENT No. 3 TO DEVELOPER AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND POINTE WEST OF VERO BEACH, LIMITED PARTNERSHIP
Public Works Director Christopher Mora reviewed the memorandum of March 11, 2010,
to present staff's recommendation to approve Pointe West of Vero Beach's request for
Amendment No. 3 to the original Developer's Agreement between Pointe West and the County.
He stated the third amendment would provide a credit to Pointe West for the following four
items essential to the construction of 16th Street:
1) Temporary construction easements necessary for the construction of 16th Street
2) Right -of -Way near the intersection of 16th Street and 74th Avenue
3) Drainage easement for treatment of stormwater runoff from 16th Street
4) Golf course interruption due to drainage pipe construction
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Discussion ensued, wherein Board members questioned staff on the terms and intent of
the original Developer's Agreement, which was negotiated in 1999.
Commissioner Wheeler presented arguments opposing Amendment 3, which included his
objection to paying $100,000 for the drainage easement which Pointe West had agreed to at no
cost in 1999, and the $1,500 for the golf course interruption.
Attorney Polackwich gave a brief review of the original contract. He divulged that the
1999 Agreement had given the County the general right to drain into the parcels depicted on the
plat, but no specific drainage easements had been delineated.
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April 6, 2010
Commissioner Wheeler acknowledged Attorney Polackwich's point; however, he felt that
when the agreement was signed, it was with the intention of allowing the County to have
drainage onto the Pointe West parcel.
During further discussion and in response to comments and queries by Commissioners,
Attorney Polackwich advised the Board to find a solution that was mutually acceptable.
Chuck Mechling, followed by Steve Melchiori (both representatives of Pointe West),
spoke in turn, addressed the Board in support of Amendment No. 3, and replied to Board queries
regarding the original agreement.
West.
Staff provided further input on its recommendation to accept the settlement with Pointe
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Wheeler opposed), the Motion
carried. The Board approved Amendment No. 3 to the
Developer's Agreement with Pointe West of Vero Beach,
Limited Partnership.
The Chairman called a break at 10:39 a.m. and reconvened the meeting at 10:50 a.m.,
with all members present.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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April 6, 2010
12.1.3. 53RD STREET (OLD DIXIE HIGHWAY TO INDIAN RIVER BLVD), AMENDED
DEVELOPER AGREEMENT — NORTH AMERICAN PROPERTIES
Public Works Director Christopher Mora used a PowerPoint presentation (on file) to
provide background and analysis on the request of North American Properties (NAP) for a new
developer's agreement stating the County will be managing and funding the 53th Street
construction instead of the developer.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler, to approve
staff's recommendation.
Discussion ensued wherein staff clarified that the Waterway Village settlement was not
part of the above agreement; additional details regarding Waterway Village were provided by
County Attorney Polackwich and Bruce Barkett, Esquire.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved and
authorized the Chairman to execute the "COMBINED,
AMENDED, AND RESTATED DEVELOPER'S
AGREEMENT" with NAP Indian River LLC, as
recommended in the memorandum of March 30, 2010.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
19
April 6, 2010
12..1 UTILITIES SERVICES
12.J.1. APPROVAL OF BID AWARD FOR IRC BID No. 2010036 16" WATER
TRANSMISSION MAIN EXTENSION ON COLLEGE LANE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) the Bid Award to R.K. Contractors, Inc., as the lowest
and most responsive bidder meeting the specifications as
set forth in the Invitation to Bid; (2) the sample
agreement; and (3) authorized the Chairman to execute
said agreement after receipt and approval of the required
Public Construction Bond, and Certificate of Insurance,
and after the County Attorney has approved the agreement
as to form and legal sufficiency, as recommended in the
memorandum of March 25, 2010.
DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12..12. ADVANCE UTILITY SYSTEMS IMPLEMENTATION OF INFINITY
TELECONNECT LINK
Director of Utilities Erik Olson recapped the memorandum of March 29, 2010 to provide
the details of staff's recommendation to implement additional software for the Utilities
Department Billing System, in conjunction with the contract with Advance Utility Systems. He
thereafter addressed the Board's questions regarding the capability of the system to notify a
customer of delinquent fees, or to do a lien search for past due utility amounts.
20
April 6, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute the Statement of
Work #6863 for the Implementation of
Infinity.Teleconnect (Infinity Teleconnect), as
recommended in the memorandum of March 29, 2010.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. CONSIDERATION OF THE PROPOSED LEASE A GREEMENT BETWEEN
INDIAN RIVER COUNTY AND PELICAN ISLAND A UDUBON SOCIETY AND
FINANCIAL CONTRIBUTION TO THE IMPROVEMENTS ASSOCIATED WITH
THE PROJECT
Assistant County Attorney George Glenn, through a PowerPoint presentation (on file)
provided background and analysis on Dr. Richard Baker's request for a lease agreement between
the County and Pelican Island Audubon Society (PIAS), which would enable PIAS to construct
an Audubon House at the Oslo Riverfront Conservation Area (ORCA).
Dr. Richard Baker, President, Pelican Island Audubon Society (PIAS), gave a
PowerPoint presentation (on file) containing background information and an overview of PIAS's
goals and objectives for the proposed Audubon House.
The following persons appeared before the Commission in support of the lease
agreement:
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April 6, 2010
Bill Menzies, 1943 Tamara Trail
Deborah Ecker, 550 Riomar Drive
Frank Wegel, 8060 142nd Street
Caroline Corum, address not provided
Grant Withers, 1739 Victoria Circle, and Board Member of the Indian River Land Trust
Katherine Wegel, 8060 142nd Street
Rex Nelson, Sebastian
Graham Cox, 1213 George Street, member of Audubon Society
Kelly Mather, 733 North Fischer Circle
Victoria Clark -Jones, former past president Indian River Soccer Association
Jack Casselberry, Sebastian
Bob Adair, Treasurer, PIAS, 7060 33rd Street
The following persons appeared before the Commission in opposition to the lease
agreement:
Charlie Searcy, address not provided
Melissa Tripson, 2525 14th Street, member of Audubon Society
Jens Tripson, 2525 14th Street, remarked that one of the founding principles of the
Audubon Society is environmental advocacy, and thus, having PIAS lease land from a
government entity may give rise to potential conflicts, or a lack of creditability.
Commissioner Wheeler acknowledged Mr. Tripson's point; however, he felt any
inconsistencies could be overcome, and conveyed his arguments supporting the proposed
lease with PIAS.
22
April 6, 2010
MOTION WAS MADE by Commissioner Wheeler, to
approve the proposed Lease Agreement with Pelican
Island Audubon Society, for a period of fifty (50) years,
subject to renewal. There was no Second. MOTION
DIED.
In response to Commissioner Flescher's queries, staff, assisted by Jimmy Sellers,
Coastal Technology (who had worked on the estimated expenses) provided a brief recap of the
costs associated with the Audubon House.
Several Commissioners expressed support for the Audubon House in concept, but were
concerned about the possibility that locating its facility on government property might limit the
Audubon Society's advocacy role. Additional concerns pertained to financial considerations;
site plan variations; the challenge of maintaining volunteer staffing; the possibility of the
University of Florida revoking its easement on the Florida Medical Entomology Lab's property;
and possible inappropriate use of Government conservation land.
Further discussion ensued between the Board and Dr. Baker, who provided additional
details on some of PIAS's plans for the Audubon House.
Chairman O'Bryan advised that he would support the lease only if the PIAS severed its
advocacy efforts from environmental education, and created a totally independent non-profit
organization to run the Audubon House strictly as an educational center (similar to the
Environmental Learning Center).
Attorney Glenn, responding to concerns expressed earlier, reported that he has on file a
letter from the Federal Communities Trust (FCT) that would serve to maintain the access
easement from the Florida Medical Entomology Lab property, in the event future administrations
objected to any advocacy efforts of the PIAS.
23
April 6, 2010
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, by a 4-1 vote (Commissioner Wheeler
opposed), the Board DENIED the proposed Lease
Agreement with Pelican Island Audubon Society.
(Clerk's Note: In light of a schedule conflict, the Chairman requested to defer to the
Board of County Commission Meeting of April 13, 2010, Items 13.E. and 13.F. under County
Attorney Matters, and 14.A.1. under Commissioner Items).
The Chairman called a break at 12:58 p.m. and reconvened the meeting at 1:05 p.m., with
all members present.
13.B. ACQUISITION OF RIGHT-OF-WAY ALONG 66THAVENUE, BANACK FAMILY
LIMITED PARTNERSHIP 66TH AVENUE AND 41ST STREET
Deputy County Attorney William DeBraal recapped the memorandum of March 30,
2010, to provide background information and analysis on staff's recommendation to acquire a
3.838 acre strip of property from a 37 acre parcel owned by the Banack Family Limited
Partnership. The property is located on 66th Avenue, south of 41St Street, and will be used for
right-of-way for the 66th Avenue Improvement Project.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute the Agreement for
the Purchase and Sale of Real Estate and for the Sale and
Care of Ornamental Palm Trees with the Banack Family
Limited Partnership, as recommended in the memorandum
of March 30, 2010.
24
April 6, 2010
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. C OFFERS TO SELL REAL ESTATE ON CR. 510 AND 66THAVENUE
Attorney DeBraal used a PowerPoint presentation (on file) to present staff's request for
Board direction on whether or not to proceed with the negotiations for advance right-of-way
acquisitions for the following properties situated on CR 510 and 66th Avenue:
Tom and Linda Winkel — 6650 45th Street
Vero Estates, LLC — NE corner of CR 510 and 66th Avenue
Dr. and Mrs. Harish Sadhwani — 66th Avenue at 65th Street
Dorothy Walker — 510 Motor Sales, 5170, 5182 85th Street
Roy and Cindy Bass — 5210 5220 85 Street
Attorney DeBraal recalled that an informal committee comprised of him, Chairman
O'Bryan, Public Works Director Christopher Mora, and Assistant County Administrator Michael
Zito, had been formed to review proposed right-of-way purchases, and he explained the
committee's rationale for recommending against purchase of the subject properties. He asked
the Board to consider this matter, so some resolution can be provided to the affected landowners.
Commissioner Davis emphasized that his primary concerns were for the landowners
having structures on their properties.
Vice Chairman Solari supported Commissioner Davis in his concerns, but opposed the
stipulation in Dorothy Walker's offer, to accept the purchase price based on the value of her
appraisal only if said value exceeds $700,000.
Cindy Bass, 8685 70th Avenue, related that she has been unable to utilize her commercial
building for years, and urged the Board to provide her with some resolution on this matter.
25
April 6, 2010
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Davis, to proceed with
negotiations for the purchase of the Tom and Linda
Winkel property, located at 6650 45th Street; and the Roy
and Cindy Bass property, located at 5210 5220 85th Street
(CR 510), and to drop negotiations on the Sadhwani, Vero
Estates, LLC, and Walker properties at this time.
After a brief clarification of the Motion, Commissioner Davis withdrew his second, as he
did not wish to drop negotiations on the Sadhwani, Vero Estates, LLC, and Walker properties.
Vice Chairman Solari agreed to amend his Motion accordingly.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Commissioner Davis, to strike the last
part of his Motion to drop negotiations on the Sadhwani,
Vero Estates, LLC, and Walker properties at this time.
Ralph Evans, Esquire, 3355 Ocean Drive, of Stewart, Evans, Stewart, and Emmons,
representing the Winkels, confirmed with Chairman O'Bryan that Vice Chairman Solari's
Motion was for the purchase price as presented in the negotiation offer.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Chairman O'Bryan opposed), the Amended Motion
carried. The Board directed the Deputy County Attorney
to draft purchase agreements for: (1) the Tom and Linda
Winkel property, located at 6650 45th Street, at a purchase
price of $342,056.40; and (2) the Roy and Cindy Bass
26
April 6, 2010
property, located at 5210 5220 85th Street, at a purchase
price of $360,000.
Dorothy Walker, 6476 51 Avenue, spoke of the hardships her family was experiencing
due to the uncertainty of the County's intentions for her property, and petitioned the Board to
make a decision regarding her property.
Commissioner Davis felt that the Walker property was the last property having a
structure, and he wished to move it forward by having an appraisal obtained.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-1 vote (Chairman O'Bryan
opposed), the Board directed staff to have an appraisal
done on the property owned by Dorothy Walker, at 5170
5182 85th Street (CR 510), and to continue negotiations on
the Walker Property.
Joseph Paladin, Black Swan Consulting, representing Vero Estates, LLC, pointed out
that his parcel directly affects the right-of-way and drainage of the intersection at CR510 and 66th
Avenue, and asked the Board to continue negotiating an agreement for the parcel.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler, to direct staff to
continue negotiations on property owned by Vero Estates
LLC, located at the northeast corner of C.R. 510 and 66th
Avenue, and directed staff to return to the Board with
further information.
27
April 6, 2010
Following a discussion between Board members and Attorney DeBraal, Commissioner
Davis decided in favor of continuing negotiations with the Sadhwani's on their property.
MOTION WAS AMENDED by Commissioner Davis,
SECONDED by Commissioner Wheeler, to include the
additional direction to staff to continue negotiations on
property owned by Dr. and Mrs. Harish Sadhwani,
located at the northwest corner of 66th Avenue and 65th
Street.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners O'Bryan and Solari opposed), the
Amended Motion carried. The Board directed staff: (1) to
continue negotiations on: [1] property owned by Vero
Estates LLC, located at the northeast corner of C.R. 510
and 66th Avenue; and [2] property owned by Dr. and Mrs.
Harish Sadhwani, located at the northwest corner of 66th
Avenue and 65th Street; and (2) directed staff to return to
the Board with further information.
(Clerk's Note: At this time, the Chairman recalled the scheduling problem mentioned
earlier, and requested Tabling, until the Board of County Commission Meeting of April 13, 2010,
Items 13.E. and 13.F. under County Attorney Matters, and 14.A.1.under Commissioner Items).
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved to
TABLE Items 13.E. and 13.F., under County Attorney
Matters, and Item 14.A.1. under Commissioner Items.
28
April 6, 2010
13.D. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, CALLING A REFERENDUM WITHIN ITS TOTAL
JURISDICTION To DETERMINE WHETHER THE BOARD OF COUNTY
COMMISSIONERS SHOULD BE AUTHORIZED TO GRANT ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTIONS TO NEW BUSINESSES
AND EXPANDING BUSINESSES
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Flescher, to approve the
Resolution calling a referendum on the authority to grant
economic development ad valorem tax exemptions.
Chairman O'Bryan pointed out that although the Board had already approved putting the
referendum on the November 2010 Ballot, adopting the Resolution would authorize said action.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved
Resolution 2010-028, calling a referendum within its total
jurisdiction to determine whether the Board of County
Commissioners should be authorized to grant economic
development ad valorem tax exemptions to new
businesses and expanding businesses.
County Attorney Polackwich asked the Board to consider whether they wished staff to
draft a proposed Economic Development Tax Exemption Ordinance in advance of the November
2010 referendum.
29
April 6, 2010
Chairman O'Bryan directed Attorney Polackwich to return on April 13, 2010
with the pros and cons of drafting the proposed Ordinance prior to the November election.
13. E. HOLMAN STADIUM USE GUIDELINES
TABLED to a Time Certain of April 13, 2010
13.F. DEPUTY COUNTY ATTORNEY AND ASSISTANT COUNTY ATTORNEY
EMPLOYMENT CONTRACTS
TABLED to a Time Certain of April 13, 2010
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN
14.A.1. AN UPDATE OF THE FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE
CONFERENCE
TABLED to a Time Certain of April 13, 2010
14. B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE
14. C. COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE
30
April 6, 2010
14.E. COMMISSIONER GARY C. WHEELER
14.E.1. DISCUSSION ITEM
Commissioner Wheeler briefed the Board on the request of Bill Jordan to enter into a
long-term lease agreement with Green Diesel Recycling, LLC for his property, which is zoned
agricultural, at 6350 Oslo Road. Green Diesel Recycling would use the site to produce biodiesel
from used vegetable oil, which would be collected from restaurants in commercial zones.
Commissioner Wheeler relayed staff's opinion to not recommend the lease, and requested that
the Board consider whether to allow the biodiesel operation on Mr. Jordan's property.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler, to support the
lease for Green Diesel Recycling, LLC, for its production
of biodiesel on Mr. Jordan's property.
A lengthy discussion ensued, during which the Commissioners were in agreement that
biodiesel should be considered an agricultural operation, regardless of the feedstock source.
During discussion and in response to comments and queries by Board members, staff
stated its primary objection to the lease stemmed from the feedstock being obtained in a
commercial/industrial zone, and imported into the agricultural zone. Staff emphasized that if the
oil was being derived from agricultural products grown on-site in an agricultural zone, the
biodiesel operation would comply with the requirements for agricultural.
Board members and staff continued to discuss this issue at length, and to contemplate
how the biodiesel operation could fit in with the agricultural requirements. A point was made
that formerly, the subject property had been in industrial use as a packing house.
31
April 6, 2010
Discussion ensued regarding how Mr. Jordan could apply for a use change, and staff
advised that he could provide a written request for a zoning confirmation letter, whereby
Community Development staff could render an opinion. If Mr. Jordan was in disagreement, he
could present an appeal to the Planning and Zoning Commission, and then the Board.
Chairman O'Bryan identified that the best legal, appropriate way for Mr. Jordan to move
forward is to submit his written request for the zoning confirmation letter.
Commissioner Davis WITHDREW his Motion.
Bill Jordan, 1855 34th Avenue, told the Board that time was of the essence, as Green
Diesel was ready to go and needed to get confirmation of the lease, or they were going to St.
Lucie County. He defended the use of the biodiesel operation as being appropriate in
agriculture.
A brief discussion ensued regarding whether it would be feasible for the applicant to
grow a crop on the subject property.
Mr. Paladin urged the Board to try to accommodate Mr. Jordan and Green Diesel
Recycling, LLC.
John Sweeney, Managing Member of Green Diesel Recycling, LLC, 5108 Paleo Pines
Circle, Ft. Pierce, explained that the technology for producing the biodiesel is the same whether
the operation uses vegetable oil obtained from restaurants, or grows its own feedstock. He
emphasized that waste vegetable oil, and not "growing soybeans" is the most cost-effective
means to create biodiesel, and revealed that biodiesel falls under the governance of the
Department of Agriculture.
32
April 6, 2010
Chairman O'Bryan asked Mr. Jordan to meet with Director Boling, who would provide
him with instructions regarding the Zoning Confirmation Letter, and subsequently provide an
answer on the zoning inquiry.
Director Boling sought and received confirmation that the Board members were
considering any type of biofuels facility to be agriculturally -related.
Vice Chairman Solari, mindful of this issue reoccurring, wanted staff to begin the Land
Development Regulations (LDR) amendment process, to allow biofuels operations in the
agriculturally -zoned districts.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously directed
staff to amend the LDR's, to define any biofuels activity,
whether or not the feedstock is grown or comes from
another source, as an agriculturally -related business.
15. SPECIAL DISTRICTS AND BOARDS
1 S.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
1 5. C. ENVIRONMENTAL CONTROL BOARD
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
33
April 6, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 11:58
a.m.
ATTEST:
p,t,.b 62:..AAe_-
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: MAY 1 1 2010
BCC/MG/2010Minutes
April 6, 2010
34