HomeMy WebLinkAbout07/13/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JULY 13, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
Redesignate: Item 7.C. to Item 13.B. under County Attorney Matters 2
Move: The Sheriff's Presentation to the Final Item of the July 14, 2010 Budget
Workshop 2
5. PROCLAMATIONS AND PRESENTATIONS 3
5.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF JULY, 2010,
AS RECREATION AND PARKS MONTH 3
5.B. PRESENTATION OF PROCLAMATION HONORING TREASURE COAST WATERWAY
CLEANUP WEEK JULY 19TH THROUGH JULY 25TH 3
5.C. PRESENTATION OF VERO BEACH SPORTS VILLAGE'S 30 SECOND TV
COMMERCIAL TO AIR ON MAJOR LEAGUE BASEBALL NETWORK BY MICHAEL C.
ZITO, ASSISTANT COUNTY ADMINISTRATOR 3
5.D. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING, REGARDING
THE DEEPWATER HORIZON OIL SPILL 4
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July 13, 2010
6. APPROVAL OF MINUTES 4
6.A. REGULAR MEETING OF JUNE 1, 2010 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. UPDATE ON EMINENT DOMAIN MEDIATIONS WITH WILLIAM BETHEL, WILLIAM
AND RUTH STANBRIDGE AND THE ABAZIS FAMILY 5
7.B. FELLSMERE HYDRANT CHARGE - AGREEMENT TO PAY 2009 CHARGE 5
7.C. FAST FOOD ENTERPRISES #2 LLP D/B/A BURGER KING - S.R. 60/58TH AVENUE 5
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES JUNE 25, 2010 TO JULY 1, 2010 6
8.B. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS IN ACCORDANCE WITH 318.18 (13) FLORIDA STATUTES 6
8.C. SUPERVISOR OF ELECTIONS 2009/2010 BUDGET AMENDMENT 6
8.D. RECAPITULATION REPORT OF ERRORS AND INSOLVENCIES FOR THE 2009 TAX
ROLL 7
8.E. AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE A CONTRACT WITH
CORPORATE CARE WORKS, INC. FOR THE COUNTY'S EMPLOYEE ASSISTANCE
PROGRAM 7
8.F. AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE AN ADMINISTRATIVE
SERVICES AGREEMENT WITH JAG ENTERPRISES LLC/BENEFITS WORKSHOP
FOR THE COUNTY'S FLEXIBLE SPENDING ACCOUNT 8
8.G. UPDATE ON TEMPORARY SUSPENSION AND PERMANENT EXCEPTION
PROVISIONS 8
8.H. APPROVAL OF EXTENSION FOR FEDERALLY FUNDED HOMELAND SECURITY
GRANT #08 -DS -60-10-40-01-204 9
8.I. KIMLEY-HORN AND ASSOCIATES, INC. AMENDMENT NO. 4 - FINAL PAYMENT
58TH AVE AND SR 60 INTERSECTION IRC PROJECT NO. 05501 9
8.J. WORK ORDER NO. 20 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR 20TH AVENUE
BRIDGE OVER MAIN RELIEF CANAL 9
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July 13, 2010
8.K. WORK ORDER NO. 19 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512 BRIDGE
OVER THE SEBASTIAN RIVER IRC PROJECT #9611 10
8.L. ACCEPTANCE OF EMERGENCY MANAGEMENT FEDERALLY -FUNDED SUBGRANT
AGREEMENT CONTRACT NUMBER 11 -FG -15-10-40-10 10
8.M. SENIOR RESOURCE ASSOCIATES (SRA) TRANSIT FACILITY CONSTRUCTION
DELIVERY METHOD 11
8.N. APPROVAL OF RESOLUTION ADOPTING THE UPDATED 2010 INDIAN RIVER
COUNTY UNIFIED LOCAL MITIGATION STRATEGY 11
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 11
10. PUBLIC ITEMS 12
1 0.A. PUBLIC HEARINGS 12
10.A.1. SHARK BAITING, CHUMMING AND FISHING (LEGISLATIVE) 12
10.B. PUBLIC DISCUSSION ITEMS -NONE 15
10.C. PUBLIC NOTICE ITEMS 15
10.C.1 . NOTICE OF SCHEDULED PUBLIC HEARING FOR JULY 20, 2010: 15
CONSIDER ADOPTION OF AN ORDINANCE ENACTING A NEW SECTION 207.15 OF
THE CODE OF INDIAN RIVER COUNTY ENTITLED "PAIN CLINICS AND PAIN
MANAGEMENT CLINICS (LEGISLATIVE) 15
11. COUNTY ADMINISTRATOR MATTERS -NONE 16
THIS SPACE INTENTIONALLY LEFT BLANK 16
12. DEPARTMENTAL MATTERS 17
12.A. COMMUNITY DEVELOPMENT 17
12.A.1. REQUEST TO APPROVE CONTRACT AWARDS FOR THE REHABILITATION OF FIVE
HOMES PURCHASED BY THE INDIAN RIVER COUNTY HOUSING AUTHORITY
WITH NEIGHBORHOOD STABILIZATION PROGRAM COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS AND REQUEST TO AMEND THE NEIGHBORHOOD
STABILIZATION PROGRAM HOUSING ASSISTANCE PLAN 17
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July 13, 2010
12.B. EMERGENCY SERVICES -NONE 21
12.C. GENERAL SERVICES -NONE 21
12.D. HUMAN RESOURCES 21
12.D.1. HEALTH INSURANCE RENEWAL - BLUECHOICE PPO 704 21
12.D.2. AUTHORIZE THE COUNTY ADMINISTRATOR TO SWITCH FROM THE
BLUEMEDICARE GROUP PPO 1 PLAN TO THE BLUEMEDICARE GROUP PPO
STANDARD PLAN 22
12.E. HUMAN SERVICES -NONE 22
12.F. LEISURE SERVICES -NONE 22
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 22
12.H. RECREATION -NONE 22
12.I. PUBLIC WORKS -NONE 23
12.J. UTILITIES SERVICES 23
12.J.1. BIOSOLIDS DEWATERING FACILITY - UCP -2697 - SUMMIT CM, INC. FINAL
PAY AND RELEASE OF RETAINAGE 23
12.J.2. APPROVAL OF WORK AUTHORIZATION DIRECTIVE NO. 2009-010 FOR
RELOCATION OF 16" FORCE MAIN ACROSS SOUTH RELIEF CANAL BY SHELTRA
& SONS SON CONSTRUCTION CO., INC., UCP No. 4055 23
12.J.3. APPROVAL OF BID AWARD FOR IRC BID NO. 2010042 ANNUAL BID FOR
WATER METERS 24
13. COUNTY ATTORNEY MATTERS 24
13.A. PURCHASE AND SALE AGREEMENT - ROY AND CINDY BASS - 5210, 5220 85TH
STREET (C.R. 510) 24
13.B. FAST FOOD ENTERPRISES #2 LLP D/B/A BURGER KING - S.R. 60/58TH AVENUE 27
14. COMMISSIONER ITEMS 29
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 29
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 29
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 29
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 29
14.E. COMMISSIONER GARY C. WHEELER -NONE 29
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July 13, 2010
15. SPECIAL DISTRICTS AND BOARDS 29
15.A. EMERGENCY SERVICES DISTRICT -NONE 29
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 29
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 30
16. ADJOURNMENT 30
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July 13, 2010
JEFFREY K. BARTON
Clerk to the Board
July 13, 2010
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, July 13, 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 Derrick West, First Baptist Church, Commissioner Davis delivered the
Invocation.
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July 13, 2010
3. PLEDGE OF ALLEGIANCE
Commissioner Wheeler 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:
REDESIGNATE: ITEM 7.C. TO ITEM 13.B. UNDER COUNTY ATTORNEY MATTERS
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the Agenda, as amended.
Commissioner Wheeler requested the following change to the Agenda for the Budget
Workshop scheduled for Wednesday, July 14, 2010:
MOVE: THE SHERIFF 'S PRESENTATION TO THE FINAL ITEM OF THE JULY 14, 2010
BUDGET WORKSHOP
The Board CONSENSUS was to take formal action at the
Budget Workshop of July 14, 2010 to schedule the
Sheriff's presentation as the last item at the Workshop.
The Chairman directed the County Administrator to notify
the agencies of the adjustment in the schedule.
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July 13, 2010
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF JULY,
2010, AS RECREATION AND PARKS MONTH
Commissioner Flescher read and presented the Proclamation to Recreation Department
Head Michael Zito, and staff members Fawna Mavis, Mike Redstone, David Fleetwood, Holden
Kriss, Bela Nagy, and Bob Wilson.
5.B. PRESENTATION OF PROCLAMATION HONORING TREASURE COAST
WATERWAY CLEANUP WEEK JULY 19TH THROUGHJULY25TH
Commissioner Davis read and presented the Proclamation to Steve Haigis and Norman
Ridgely.
5.C. PRESENTATION OF VERO BEACH SPORTS VILLAGE'S 30 SECOND TV
COMMERCIAL TO AIR ON MAJOR LEAGUE BASEBALL NETWORK BY
MICHAEL C. ZITO, ASSISTANT COUNTY ADMINISTRATOR
Assistant County Administrator Michael Zito displayed a video scheduled to air on July
14, 2010 on the Major League Baseball Network, of a television commercial advertising the
Vero Beach Sports Village (formerly known as Dodgertown). He reported that the video may
also be viewed at the County's website, http://www.ircgov.com and at
http://www.vbsportsvillage.com. Assistant Administrator Zito noted that the audio portion of the
commercial would also be aired on Westwood One Satellite Radio throughout the Country.
The Board commended Administrator Zito on his work, and expressed an interest in
having organizations such as the Chamber of Commerce include a link to the video on their
websites.
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July 13, 2010
S.D. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING,
REGARDING THE DEEPWATER HORIZON OIL SPILL
Director of Emergency Services John King used a PowerPoint (on file) to update the
Board on Day 85 of the Deepwater Horizon Oil Spill. He reported that British Petroleum (BP)
was installing a new containment cap, and continuing to establish relief wells. He stated that the
area most impacted by the spill has extended from Galveston, Texas to Pensacola, Florida.
Director King described pre-emptive actions taken by the State of Florida and by County staff,
and conveyed that the best website on which to obtain further information on the spill was
www.dep.state.fl.us/deepwaterhorizon. Concluding his presentation, Director King addressed a
question posed at the last meeting relative to how the spill is impacting the arsenic levels found
in the ocean and the marine wildlife.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF JUNE 1, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of June 1, 2010. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the Minutes of the Regular Meeting of June 1, 2010, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
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July 13, 2010
7.A. UPDATE ON EMINENT DOMAIN MEDIATIONS WITH WILLIAM BETHEL,
WILLIAM AND RUTH STANBRIDGE AND THE ABAZIS FAMILY
Noted for the record was the Deputy County Attorney's report verifying that the hearing
on eminent domain mediations with William Bethel, William and Ruth Stanbridge, and the
Abazis Family, will be rescheduled after the County receives the appraisal reports from the
appraiser hired by Simon and Holloway (the representing attorney for the above parties).
7.B. FELLSMERE HYDRANT CHARGE -AGREEMENT TO PAY 2009 CHARGE
Noted for the record was the County Attorney's assessment that the Fellsmere City
Attorney's position on the 2009 fire protection charges makes it unlikely that the County and
Fellsmere will reach an agreement for payment of the 2009 charge.
7.C. FAST FOOD ENTERPRISES #2 LLP D/B/A BURGER KING — S.R. 60/58TH
AVENUE
This item was heard under County Attorney Matters, as Item 13.B.
8. CONSENT AGENDA
Chairman O'Bryan requested Item 8. G. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
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July 13, 2010
8.A. APPROVAL OF WARRANTS AND WIRES JUNE 25, 2010 TO JULY 1, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of June 25, 2010 to July 1, 2010,
as recommended in the memorandum of July 1, 2010.
8.B. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS IN ACCORDANCE WITH 318.18 (13) FLORIDA STATUTES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the 318.18 (13) Florida Statutes Quarterly Summary
Report for Assessment of Additional Court Costs for the
quarter ending in June 2010, as requested in the
memorandum of July 6, 2010.
8.C. SUPERVISOR OF ELECTIONS 2009/2010 BUDGET AMENDMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
a budget amendment authorizing the use of $52,070 from
City election revenues to fund needed expenditures in the
2009/2010 Budget, as recommended in the memorandum
of July 6, 2010.
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July 13, 2010
8.D. RECAPITULATION REPORT OF ERRORS AND INSOLVENCIES FOR THE 2009
TAX ROLL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Errors and Insolvencies Report and the Recapitulation
Report for the 2009 Tax Roll, as requested in the letter of
July 7, 2010.
REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE A CONTRACT WITH
CORPORATE CARE WORKS, INC. FOR THE COUNTY'S EMPLOYEE
ASSISTANCE PROGRAM
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the County Administrator to execute the
contract with Corporate Care Works, Inc. (CCW) for the
County's Employee Assistance Program (EAP), as
recommended in the memorandum of July 7, 2010.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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July 13, 2010
8.F. AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE AN ADMINISTRATIVE
SERVICES AGREEMENT WITH JAG ENTERPRISES LLC/BENEFITS
WORKSHOP FOR THE COUNTY'S FLEXIBLE SPENDING ACCOUNT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the County Administrator to execute the
Administrative Services Agreement with JAG Enterprises
LLC/Benefits Workshop for the administration of the
County's Flexible Spending Account, as recommended in
the memorandum of July 7, 2010.
8.G. UPDATE ON TEMPORARY SUSPENSION AND PERMANENT EXCEPTION
PROVISIONS
Chairman O'Bryan pointed out that this item highlights the current Board's dedication to
encouraging local businesses. He advised that two businesses had taken advantage of the
temporary suspension provision in Ordinance 2009-005 (adopted on May 19, 2009), to proceed
with opening their establishments while addressing minor technicalities.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously accepted
the update on temporary suspension and permanent
exception provisions.
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July 13, 2010
8.H. APPROVAL OF EXTENSION FOR FEDERALLY FUNDED HOMELAND
SECURITY GRANT #08 -DS -60-10-40-01-204
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the contract to extend the Subgrant Agreement with the
State of Florida Department of Emergency Management
(FDEM) and authorized the Chairman to execute this
agreement, as recommended in the memorandum of July
1, 2010.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. KIMLEY-HORNAND ASSOCIATES, INC. AMENDMENT NO. 4 - FINAL
PAYMENT 58TH AVE AND SR 60 INTERSECTION IRC PROJECT NO. 05501
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the release of retainage to Kimley-Horn and Associates,
Inc. on Invoice No. 4156593, dated 04/30/10 in the
amount of $3,033.00, as recommended in the
memorandum of June 25, 2010.
8.J. WORK ORDER No. 20 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR 20TH AVENUE
BRIDGE OVER MAIN RELIEF CANAL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
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July 13, 2010
approved Work Order No. 20 (Engineering) with Bridge
Design Associates, Inc., authorizing the above-mentioned
project as outlined in the scope of services; and (2)
authorized the Chairman to execute Work Order No. 20
for a lump sum fee of $1,550.00, as recommended in the
memorandum of June 29, 2010.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. WORK ORDER No. 19 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512
BRIDGE OVER THE SEBASTIAN RIVER IRC PROJECT #9611
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 19 (Engineering) with Bridge Design
Associates, Inc., authorizing the above-mentioned project
as outlined in the Scope of Services, and authorized the
Chairman to execute Work Order No. 19 for a lump sum
fee of $1,960.00, as recommended in the memorandum of
June 28, 2010.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. ACCEPTANCE OF EMERGENCY MANAGEMENT FEDERALLY -FUNDED
SUBGRANT AGREEMENT CONTRACT NUMBER 11 -FG -15-10-40-10
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
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July 13, 2010
and authorized the Chairman to execute the Federally
Funded Subgrant Agreement (11 -FG -15-10-40-10) with
the State of Florida Division of Emergency Management,
as recommended in the memorandum of July 1, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B.M. SENIOR RESOURCE ASSOCIATES (SRA) TRANSIT FACILITY
CONSTRUCTION DELIVERY METHOD
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously affirmed
staff's position and authorized the solicitation of
competitive bidding for the Senior Resource Associates
(SRA) Transit Facility to be built at the 43rd Avenue site
presently leased to the Senior Resource Association, Inc.
for that purpose, as recommended in the memorandum of
July 7, 2010.
8.N. APPROVAL OF RESOLUTION ADOPTING THE UPDATED 2O1OINDIAN RIVER
COUNTY UNIFIED LOCAL MITIGATION STRATEGY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-059, for approval of the 2010 Revised
Indian River County Unified Local Mitigation Strategy.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
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July 13, 2010
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. SHARK BAITING, CHUMMING AND FISHING (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Alan S. Polackwich, Sr. reported that pursuant to direction by the Board
majority on June 15, 2010, he was presenting a draft Ordinance regulating shark fishing
activities occurring in close proximity to swimming activities. He explained that although he
had chosen the distance of 500 yards to define in "close proximity", the figure could be amended
should the Board desire. He thereafter presented staff's recommendation to proceed with the
Public Hearing to consider adoption of the Ordinance.
Responding to Chairman O'Bryan's query, Attorney Polackwich defined the terms
"shark fishing" and "remote County beach areas", as incorporated into the Ordinance.
Vice Chairman Solari asserted that the proposed Ordinance was too vague, and
inconsistent with the Void for Vagueness Doctrine, and the Rule of Law.
Commissioner Davis acknowledged that some citizens felt there was a need to regulate
shark fishing; however, he felt that the proposed Ordinance was too strong. He conveyed that he
would be willing to support an Ordinance addressing the practice of blood chumming
Commissioner Flescher emphasized that he was not opposed to shark fishing. However,
he was concerned about public safety and felt the draft Ordinance would prevent the County
from being promoted as a desirable spot for shoreline shark fishing.
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July 13, 2010
Addressing Vice Chairman Solari's queries on whether the draft document would comply
with the Rule of Law, Attorney Polackwich stated that as long as the Ordinance was enforced in
a reasonable manner, the County would not run afoul of the law. He noted that he was more
concerned about State preemption issues pertaining to saltwater fishing.
Commissioner Wheeler opposed the draft Ordinance, declaring that the 500 -yard limit
would virtually prevent any shark fishing at all, which was not his intent. He said that any type
of fishing could potentially attract sharks, and stressed that he was solely looking for a tool
authorizing public safety officials to request anglers to move if they were fishing near swimmers.
Attorney Polackwich clarified that the intent of the draft Ordinance was not to prohibit
shark fishing.
Discussion ensued regarding the possibility of using the existing County Ordinance
addressing the issue of "animal teasing" to regulate shoreline shark fishing.
Chairman O'Bryan expressed support for the proposed Ordinance, but wished to amend it
as follows: (1) scale down the 500 -yard distance to 300 yards, and (2) change the wording in
Section 3 (3) (e) to either remove the "residential development" or add wording such as
"concentrated residential development" so that single-family homes along a mile -stretch of
beach would still be fairly remote.
The Chairman opened the Public Hearing.
Sheriff Deryl Loar affirmed that the Sheriff's Department would enforce any Ordinance
adopted by the Board. He suggested the Board require permits for any shark fishing
tournaments, so that the public, Board, and law enforcement would all be aware of the events.
A legal opinion was sought and received from Attorney Polackwich regarding the
Sheriff's suggestion on requiring permits for land-based shark fishing tournaments.
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July 13, 2010
Sheriff Loar responded to Vice Chairman Solari's queries, and spoke about the training
process for the Sheriff's personnel, who would have to learn how to assess whether an angler
was actually shark fishing. He also provided his opinion on the enforceability of the proposed
Ordinance.
Penny Chandler, President, Indian River Chamber of Commerce, asked the
Commissioners to make a clear distinction between shoreline fishing and the practices of
chumming and blood baiting.
A brief discussion ensued wherein Commissioners discussed whether the regulation of
the practices of chumming and blood baiting were an avenue they wished to pursue. Chairman
O'Bryan felt that the proposal would basically prohibit shark fishing in any area.
Doug Distl, representing Carlton Homeowners Association, offered to train the Sheriff's
deputies, reminded the Board of the petition opposing shark fishing which had been given to
them, and urged the Commissioners to listen to the people.
Curtis (inaudible surname), Vero Beach, opposed the proposed Ordinance because he
felt it would keep young people from being able to experience shoreline fishing.
There being no further speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Davis, to DENY adoption
of the proposed Ordinance restricting shark fishing
activities in close proximity to swimming activities.
Extensive debate continued, as each Board member further clarified his stance on this
issue.
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July 13, 2010
Chairman O'Bryan, in addition to his earlier suggestions amending the draft Ordinance,
suggesting that under Section 3 (3) (a), the words "blood baiting" or "chumming" should be
inserted to further clarify shark fishing activity.
Debate continued as the Commissioners presented further arguments in support of, or in
opposition to, the proposed Ordinance.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners O'Bryan and Flescher opposed), the
Motion carried. The Board DENIED adoption of the draft
Ordinance restricting shark fishing activities in close
proximity to swimming activities.
10. B. PUBLIC DISCUSSION ITEMS -NONE
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR .JULY 20, 2010:
CONSIDER ADOPTION OF AN ORDINANCE ENACTING A NEW SECTION
207.15 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "PAIN
CLINICS AND PAIN MANAGEMENT CLINICS (LEGISLATIVE)
Attorney Polackwich read the notice into the record.
Chairman O'Bryan noted that Commissioners Davis and Wheeler would not be present at
the July 20, 2010 meeting, and inquired whether they were agreeable to proceeding with the
public hearing on that date. There was no objection.
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July 13, 2010
The Board CONSENSUS was to proceed with the public
hearing as scheduled, for the time certain of Tuesday, July
20, 2010.
County Administrator Joseph Baird asked the Board if they would also like to proceed
with the public hearing scheduled for July 20, 2010, which involved modification of the
County's locational requirements for premises serving alcoholic beverages to correspond to State
Requirements.
The Board CONSENSUS was to proceed with the second
public hearing as scheduled, for the time certain of
Tuesday, July 20, 2010.
The Chairman called a break at 10:29 a.m. and reconvened the meeting at 10:41 a.m.,
with all members present.
11. COUNTY ADMINISTRATOR MATTERS -NONE
THIS SPACE INTENTIONALLY LEFT BLANK
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July 13, 2010
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST TO APPROVE CONTRACT AWARDS FOR THE
REHABILITATION OF FIVE HOMES PURCHASED BY THE INDIAN RIVER
COUNTY HOUSING A UTHORITY WITH NEIGHBORHOOD STABILIZATION
PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND
REQUEST TO AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM
HOUSING ASSISTANCE PLAN
Community Development Director Robert Keating came before the Board with two
related requests: (1) to approve the Contract Award for the rehabilitation work associated with
five properties which have been acquired for the Neighborhood Stabilization Program (NSP);
and (2) to approve proposed modifications to the NSP Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP). He reviewed the memorandum of June 30, 2010, to
outline and describe the reasons for the changes (see pages 170 — 185 of the backup) in the
Housing Assistance Plan, and conveyed that the requirement for public disclosure of the names
of the renters or purchasers of the homes might be problematic for those individuals. He
confirmed staff's recommendation of the Contract Award providing there are no conflicts of
interest between the Board Members and the contractors; and asked the Board to approve the
proposed changes to the HAP, giving staff the authority to work with the County's NSP
partnering agencies on the public disclosure provision.
Chairman O'Bryan clarified with Director Keating that it would be advisable for the
Board to declare any known conflicts of interest with any of the contractors on the approved NSP
CDBG Contractor List (pages 168 and 169), not just the contractors being approved today.
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July 13, 2010
Commissioner Davis disclosed that he had a potential conflict of interest due to the
potential involvement of a family member if a septic tank inspection is undertaken at the third
listed property, located at 7986 100th Court, Vero Beach, Florida.
Attorney Polackwich advised Commissioner Davis to abstain from voting on the
aforementioned property at 100th Court.
Chairman O'Bryan disclosed that he was friends with Banov Architecture &
Construction, Inc., but had no business dealings with the firm, and Attorney Polackwich advised
him that he could still vote.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Attorney Polackwich advised the Board to vote separately on the home requiring the
septic tank check, located at 7986 100th Court, Vero Beach, Florida.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to approve the
following contractors and total awards for each of the
following properties: (a) 8246 103rd Avenue, Vero
Beach, Florida, to De La Hoz Builders, Incorporated,
Sebastian, Florida, for the total amount of $28,413.00; (b)
7966 100th Avenue, Vero Beach, Florida, to McAlhany
Construction Company, Vero Beach, Florida, for the total
amount of $27,105.00; (c) 174 Spring Valley Avenue,
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July 13, 2010
Sebastian, Florida, to McAlhany Construction Company,
Vero Beach, Florida, for the total amount of $26,080.00;
and (d) 9750 84th Street, Vero Beach, Florida, to De La
Hoz Builders, Incorporated, Sebastian, Florida, for the
total amount of $19,479.00.
There being no further discussion, the Board took the following action:
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
following contractors and total awards for each of the
following properties: (a) 8246 103rd Avenue, Vero Beach,
Florida, to De La Hoz Builders, Incorporated, Sebastian,
Florida, for the total amount of $28,413.00; (b) 7966 100th
Avenue, Vero Beach, Florida, to McAlhany Construction
Company, Vero Beach, Florida, for the total amount of
$27,105.00; (c) 174 Spring Valley Avenue, Sebastian,
Florida, to McAlhany Construction Company, Vero
Beach, Florida, for the total amount of $26,080.00; and (d)
9750 84th Street, Vero Beach, Florida, to De La Hoz
Builders, Incorporated, Sebastian, Florida, for the total
amount of $19,479.00.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to approve the
following contractor and total award for the following
property: 7986 100th Court, Vero Beach, Florida, to
McAlhany Construction Company, Vero Beach, Florida,
for the total amount of $19,549.00.
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July 13, 2010
Chairman Davis announced he would abstain from the vote and file Form 8B,
Memorandum of Voting Conflict.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Davis recused himself), the Motion
carried. The Board approved the following contractor and
total award for the following property: 7986 100th Court,
Vero Beach, Florida, to McAlhany Construction
Company, Vero Beach, Florida, for the total amount of
$19,549.00.
Chairman O'Bryan invited input from the Board members on the proposed changes to the
Housing Assistance Plan.
Commissioner Davis noted that the line for the Chairman's execution of the document
contained his name, rather than Chairman O'Bryan's.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to approve the
proposed changes to the Neighborhood Stabilization
program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP), giving staff
authority to work with Treasure Coast Homeless Services
Council on the provision relating to disclosure of the
names of the recipients of the qualifying applicants for the
properties.
Louise Hubbard, Treasure Coast Homeless Services Council, voiced her concerns about
the public disclosure clause (referred to earlier by Director Keating), in the HAP.
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July 13, 2010
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
FORM 8B, MEMORANDUM OF VOTING CONFLICT, ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
12. B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES
12.D.1. HEALTH INSURANCE RENEWAL — BL UECHOICE PPO 704
Director of Human Resources James Sexton, through a recap of the memorandum dated
July 7, 2010, presented an update on the County's Group Health Plan with Blue Cross Blue
Shield of Florida. He introduced Anna Marie Studley, Managing Director of the Gehring Group
(the County's insurance broker), and conveyed that the broker has successfully negotiated a
three-year Administrative Services Agreement with Blue Cross at a savings of approximately
$179,000 per year. Director Sexton conveyed that there were no anticipated premium increases
to dependent coverage, nor to the plan costs, and recommended the Board authorize the County
Administrator to renew the Group Health Plan with Blue Cross Blue Shield of Florida, without
plan design changes.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously authorized
the County Administrator to renew the group health plan,
BlueChoice PPO 704, with Blue Cross Blue Shield of
Florida without plan design changes, as recommended in
the memorandum of July 7, 2010.
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July 13, 2010
12.D.2. AUTHORIZE THE COUNTY ADMINISTRATOR TO SWITCH FROM THE
BLUEMEDICARE GROUP PPO 1 PLAN TO THE BLUEMEDICARE GROUP
PPO STANDARD PLAN
Director of Human Resources James Sexton, through a recap of the memorandum of July
7, 2010, provided background and analysis on staff's recommendation to switch from the
BlueMedicare Group PPO 1 Plan to the BlueMedicare Group PPO Standard Plan. He advised
that the Plan I premium was scheduled to increase to $396.86 per month, and that switching to
the Standard Plan would reduce the premium by $20.00. Director Sexton conveyed that changes
resulting from the switch would be as follows: (1) annual out-of-pocket maximum costs would
go from $1,000 to $1,500; and (2) per -admission co -pays for hospital stays would go from $100-
$500 per day to $150-$1,050 per day. He added that all co -pays would count towards total out-
of-pocket expenses.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously authorized
the County Administrator to switch from the
BlueMedicare Group PPO 1 Plan to the BlueMedicare
Group PPO Standard Plan, effective October 1, 2010, as
recommended in the memorandum of July 7, 2010.
12.E. HUMAN SERVICES -NONE
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
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July 13, 2010
12.1. PUBLIC WORKS -NONE
12.J. UTILITIES SERVICES
12..11. BIOSOLIDS DEWATERING FACILITY— UCP -2697- SUMMIT CM, INC.
FINAL PAY AND RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the final pay and release of retainage to Summit
Construction Management, Inc. (Summit CM, Inc.), for
$186,197.43, as recommended in the memorandum of
June 21, 2010.
12.J.2. APPROVAL OF WORK AUTHORIZATION DIRECTIVE NO. 2009-010 FOR
RELOCATION OF 16" FORCE MAIN ACROSS SOUTH RELIEF CANAL BY
SHELTRA & SONS SON CONSTRUCTION CO., INC., UCP No. 4055
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the project at a total estimated cost of $81,732.52, and
authorized the Chairman to execute Work Authorization
Directive No. 2009-010 to the Utilities Department Labor
Contractor, Sheltra & Son Construction Co., Inc., as
recommended in the memorandum of July 6, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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July 13, 2010
12..13. APPROVAL OF BID AWARD FOR IRC BID No. 2010042 ANNUAL BID FOR
WATER METERS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously:
(1) Approved the Bid Award to Municipal Water Works,
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 beginning July 2010
through May 30, 2011 with the recommended bidder; and
(3) Authorized the Purchasing Manager to renew this bid
for three [3] 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, as recommended in the
memorandum of June 10, 2010.
13. COUNTY ATTORNEY MATTERS
13.A. PURCHASE AND SALE AGREEMENT- ROY AND CINDY BASS - 5210, 5220
85TH STREET (C.R. 510)
Deputy County Attorney Bill DeBraal recalled that on April 6, 2010, the Board had
directed staff to undergo negotiations for the purchase of right-of-way property located at 5210,
5220 85th Street (CR 510), owned by Roy and Cindy Bass. He recapped the memorandum of
July 6, 2010 to provide the details of the purchase, reporting that the Basses have offered to sell
their property for $360,000, plus attorney's fees of 5.25% of the purchase price ($18,900),
appraisal fees of $6,700, and surveying costs of $3,600, for a total cost of $389,200, with a
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July 13, 2010
two-year lease at the rate of one dollar per year. Attorney DeBraal thereafter presented staff's
recommendation to approve the Purchase, Sale, and Lease Agreement.
Discussion ensued as the Board questioned Attorney DeBraal on the fair -market value for
the rental.
Chairman O'Bryan objected to the purchase, noting that the County would be buying
land which might not be utilized for quite awhile. He also noted that the two-year leaseback at
one dollar per year was a violation of a policy set in place last year, which limited an initial
leaseback term to one year, with subsequent renewals to occur in six-month increments at fair -
market rental rates.
Attorney DeBraal responded to the Board's questions regarding the $320,000 appraisal
value, the $360,000 asking price, and the extra fees which were being requested above the
purchase price.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Chairman O'Bryan, to DENY the
Purchase and Sale Agreement with Roy and Cindy Bass,
at this time.
Commissioner Davis voiced support for the Purchase Agreement, noting that the property
owners' ability to utilize their land was being impacted by its impending sale. He felt the County
should undertake the purchase at this time, when a willing seller is in hand, and not have to deal
with an eminent domain issue in the future.
Attorney DeBraal requested that the Board provide him with some acceptable terms, so
he could make a counter-offer to the Basses.
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July 13, 2010
Vice Chairman Solari recommended that staff renegotiate the lease terms consistent with
the updated lease policy mentioned by Chairman O'Bryan.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Chairman O'Bryan, to DENY the
Purchase and Sale agreement with Roy and Cindy Bass at
this time; to have staff re -negotiate the terms of the lease
agreement to one year; and to negotiate the fair market
value of the lease prior to closing.
County Administrator Joseph Baird inquired whether the Board wished to use ONLY the
value of the appraisal as the purchase price offer, or whether it wished to use the value of the
appraisal plus the attorney's fees, appraisal fees, and surveying costs mentioned earlier by
Attorney DeBraal.
Discussion ensued among the Board, during which it was clarified that the appraisal was
for $320,000, and the asking price was $360,000, because of the parties agreeing the appraisal
had come in low. Vice Chairman Solari stated that he wanted to go back to using the $320,000
appraisal as the purchase price, as opposed to the $360,000 negotiated amount, and to allow for
the extra fees.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Chairman O'Bryan, to: (1) present a
counter-offer to Roy and Cindy Bass at the appraised
value of $320,000, plus attorney's fees of 5.25% of the
purchase price; appraisal fees of $6,700; and surveying
costs of $3,600; (2) to amend the lease agreement from a
two-year to a one-year lease; and (3) to determine a fair -
market rental rate prior to closing.
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July 13, 2010
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Davis opposed), the Amended
Motion carried. The Board directed staff: (1) to present a
counter-offer to Roy and Cindy Bass, at the appraised
value of $320,000, plus attorney's fees of 5.25% of the
purchase price; appraisal fees of $6,700; and surveying
costs of $3,600; (2) to amend the lease agreement from a
two-year to a one-year lease; and (3) to determine a fair -
market rental rate prior to closing.
13.B. FAST FOOD ENTERPRISES #2 LLP D/B/A BURGER KING - S.R. 60/58TH
A VENUE
(Clerk's Note: This item was originally 7.C. and was redesignated and heard as Item
13.B.)
Attorney DeBraal recapped the memorandum of July 6, 2010 to provide background
information on the proposed purchase of right-of-way owned by Fast Food Enterprises #2 LLP
(Fast Food), and located at the Burger King franchise at the corner of SR60 and 58th Avenue. He
said that the Board had approved an agreement between Fast Food and MBV Engineering for a
cure plan for Burger King's parking lot, which included extensive surveying work, but due to
reduced transportation revenues and the expense of the cure plan, staff was recommending
Alternative 1, that MBV Engineering complete the cure plan for Burger King's parking lot
without the surveying work.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Chairman O'Bryan, to approve
Alternative 1, to allow MBV Engineering to finish the
cure plan without the surveying work and resume
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July 13, 2010
negotiations in the future when funding for right-of-way
acquisition and road construction becomes available.
Commissioner Davis felt the subject intersection needed fixing and wished to also pursue
Alternative 3, to continue negotiations to see if any non -monetary action could be taken to move
this forward.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Chairman O'Bryan, to approve
Alternative 1, to allow MBV Engineering to finish the
cure plan without the surveying work AND Alternative 3,
to continue negotiations but limit discussion to non -
monetary settlement.
Further discussion ensued about the possibility of purchasing from Equity One, the agent
for the Ryanwood Shopping Plaza, right-of-way which could be conveyed to Fast Food to help
make up for some of Burger King's lost parking.
Chairman O'Bryan remarked that the above purchase of land would still constitute a
monetary settlement.
Attorney DeBraal observed that the only true non -monetary settlement might be a
Developers Agreement where the County promises to purchase the property based on good faith
negotiations and convey it to Burger King.
Commissioner Davis mentioned the possibility of the County acquiring other outparcels
at the Ryanwood Shopping Plaza, and wanted to keep dialogue open between the County, Equity
One, and Fast Food.
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July 13, 2010
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed staff:
(1) to allow MBV Engineering to finish the cure plan
without the surveying work, and authorized staff to draft a
deductive change order eliminating the surveying work
that is yet to be performed; and (2) authorized staff to
continue negotiations with Fast Food Enterprises #2 LLP
d/b/a/ Burger King, but limit discussion to non -monetary
settlement.
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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July 13, 2010
15. C. ENVIRONMENTAL CONTROL BOARD -NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 11:31
a.m.
ATTEST:
Jeffrey IC. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: SEP 7 2010
BCC/MG/20 1 OM i nutes
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July 13, 2010