HomeMy WebLinkAbout09/21/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 21, 2010
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 - NONE 2
6. APPROVAL OF MINUTES - NONE 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 2
8. CONSENT AGENDA 2
8.A. APPROVAL OF WARRANTS AND WIRES, SEPTEMBER 3, 2010 TO SEPTEMBER 9,
2010 2
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September 21, 2010
8.B. AGREEMENT WITH THE STATE ATTORNEY'S OFFICE FOR PAYMENT FOR LEGAL
SERVICES PROSECUTING COUNTY CODE MISDEMEANOR VIOLATIONS 3
8.C. AUTHORIZATION FOR OUT OF COUNTY TRAVEL 3
8.D. 2010/2011 STATE OF FLORIDA DEPARTMENT OF HEALTH CONTRACT,
2010/2011 HEALTH DEPARTMENT FEE SCHEDULE 4
8.E. MISCELLANEOUS BUDGET AMENDMENT 021 4
8.F. M.A.C.E. (MULTI-AGENCY CRIMINAL ENFORCEMENT UNIT) GRANT, PROJECT
GENERATED INCOME (PGI), MISCELLANEOUS BUDGET AMENDMENT 022 5
8.G. APPROVAL OF BID AWARD FOR IRC BID No. 2011004, ANNUAL BID FOR
SECURITY AND FIRE ALARM SERVICES 5
8.H. APPROVAL OF BID AWARD FOR IRC BID #2011005, ANNUAL BID FOR CALCIUM
HYPOCHLORITE, UTILITIES DEPARTMENT 6
8.I. BID AWARD: BID # 2011008 ANNUAL BID FOR ANTISCALANT, UTILITIES
DEPARTMENT/WATER PRODUCTION DIVISION 7
8.J. CHILDREN'S SERVICES ADVISORY COMMITTEE'S RECOMMENDATION AGENCY
FUNDING FOR 2010-2011 AND SAMPLE AGENCY CONTRACT TO BE USED 8
8.K. APPROVAL OF CHANGE ORDER No. 2 TO SJRWMD CONTRACT No. 25245 FOR
EGRET MARSH REGIONAL STORMWATER PARK 8
8.L. APPROVAL OF RENEWAL FOR A CLASS "A" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR INDIAN RIVER COUNTY DEPARTMENT OF
EMERGENCY SERVICES 9
8.M. AMENDMENT NO. 1 TO WORK ORDER NO. 1 - G.K. ENVIRONMENTAL, INC.,
OSLO ROAD BOAT RAMP, IRC PROJECT No. 0381 9
8.N. AMENDMENT NO. 1 TO WORK ORDER NO. 1 (ENGINEERING) WITH UNIVERSAL
ENGINEERING SCIENCES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES
CONTRACT RFQ No. 2010021, 66TH AVENUE FROM 16TH STREET TO SOUTH OF
S.R. 60 - IRC PROJECT # 9810-A, 16TH STREET FROM 74TH AVENUE TO 66TH
AVENUE - IRC PROJECT # 9920, 66TH AVENUE FROM SOUTH OF S.R. 60 TO
NORTH OF S.R. 60 - IRC PROJECT # 0545 10
8.0. CONSULTING SERVICES WORK ORDER No. 5 FINAL PAY WITH POST, BUCKLEY,
SCHUH AND JERNIGAN, INC. (PBS&J) FOR PERMITTING, DESIGN AND
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September 21, 2010
CONSTRUCTION SERVICES FOR THE WEST REGIONAL WASTEWATER
TREATMENT FACILITY EXPANSION UCP -2621 11
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 11
10. PUBLIC ITEMS 11
10.A. PUBLIC HEARINGS - NONE 11
10.B. PUBLIC DISCUSSION ITEMS 11
10.B.1. REQUEST TO SPEAK FROM ARDRA RIGBY AND GEORGE RIGBY REGARDING
WASTE MANAGEMENT CONTRACTS 11
10.C. PUBLIC NOTICE ITEMS 12
10.C.1 . NOTICE OF SCHEDULED PUBLIC HEARING FOR OCTOBER 5, 2010 - ORDINANCE
AMENDMENT TO PROVIDE FOR SUNSETTING LOCAL PREFERENCE IN
PURCHASING OR CONTRACTING (LEGISLATIVE) 12
11. COUNTY ADMINISTRATOR MATTERS - NONE 12
12. DEPARTMENTAL MATTERS 12
12.A. COMMUNITY DEVELOPMENT - NONE 12
12.B. EMERGENCY SERVICES - NONE 12
12.C. GENERAL SERVICES - NONE 13
12.D. HUMAN RESOURCES - NONE 13
12.E. HUMAN SERVICES - NONE 13
12.F. LEISURE SERVICES 13
12.F.1. AWARD AND APPROVAL OF RFP #2010053 PURCHASE OF 154 GOLF CARS, 1
DRIVE RANGE CAR 13
12.G. OFFICE OF MANAGEMENT AND BUDGET 14
12.G.1. COUNTY FUND BALANCE AND RESERVE POLICY 14
12.H. RECREATION - NONE 15
12.I. PUBLIC WORKS 16
12.I.1. 3 -YEAR RENEWAL OF LEASE FOR NORTH COUNTY OFFICES 16
12.I.2. ARCHIE SMITH FISH HOUSE - UPDATE 16
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September 21, 2010
12.J. UTILITIES SERVICES 17
12.J.1. APPROVAL OF FEMA HMGP DENIAL APPEAL FOR ROCKRIDGE SEWER SYSTEM 17
13. COUNTY ATTORNEY MATTERS 17
13.A. HIRING OF OUTSIDE BANKRUPTCY ATTORNEY 17
14. COMMISSIONER ITEMS 18
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 18
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE 18
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 19
14.D. COMMISIONER JOSEPH E. FLESCHER - NONE 19
14.E. COMMISSIONER GARY C. WHEELER - NONE 19
15. SPECIAL DISTRICTS AND BOARDS 19
15.A. EMERGENCY SERVICES DISTRICT 19
15.A.1. APPROVAL TO PURCHASE (2) TYPE I MEDIUM DUTY REPLACEMENT
AMBULANCES FROM ETR 19
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 19
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 19
16. ADJOURNMENT 20
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September 21, 2010
JEFFREY K. BARTON
Clerk to the Board
September 21, 2010
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, September 21, 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 Leona Adair Allen.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman O'Bryan led the Pledge of Allegiance to the Flag.
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September 21, 2010
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
5. PROCLAMATIONS AND PRESENTATIONS - NONE
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES, SEPTEMBER 3, 2010 TO
SEPTEMBER 9, 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 September 3, 2010 to
September 9, 2010, as requested in the memorandum of
September 9, 2010.
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September 21, 2010
8. B. AGREEMENT WITH THE STATE ATTORNEY'S OFFICE FOR PAYMENT FOR
LEGAL SERVICES PROSECUTING COUNTY CODE MISDEMEANOR
VIOLATIONS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute the Agreement
with the State Attorney for the 19th Judicial Circuit In and
For Indian River County for Payment of Legal Services in
Prosecuting County Code Misdemeanor Violations, as
recommended in the memorandum of September 13, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. C. AUTHORIZATION FOR OUT OF COUNTY TRAVEL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the County Administrator to attend the Florida
Association of Counties (FAC) Legislative Conference on
November 17-19, 2010, in Amelia Island, Florida, as
requested in the memorandum of September 14, 2010.
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September 21, 2010
8.D. 2010/2011 STATE OF FLORIDA DEPARTMENT OF HEALTH CONTRACT,
2010/2011 HEALTH DEPARTMENT FEE SCHEDULE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-088, to adopt a 2010/2011 fee schedule
for the Indian River County Health Department; and
approved the 2010/2011 contract with the State of Florida
Department of Health; as recommended in the
memorandum of September 14, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. MISCELLANEOUS BUDGET AMENDMENT 021
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-089, amending the fiscal year 2009-2010
budget.
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September 21, 2010
8.F. M.A. C E. (MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT) GRANT,
PROJECT GENERATED INCOME (PGI), MISCELLANEOUS BUDGET
AMENDMENT 022
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved Resolution 2010-090, amending the fiscal year
2009-2010 budget; and (2) approved the utilization of
Project Generated income totaling $5,034.69, as
recommended in the memorandum of September 13, 2010.
8.G. APPROVAL OF BID AWARD FOR IRC BID NO. 2011004, ANNUAL BID FOR
SECURITY AND FIRE ALARM SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
awarded the annual contract to SVI Systems, Inc., Stuart,
FL, as the lowest most responsive and responsible bidder
meeting the specifications as set forth in the Invitation to
Bid; (2) authorized the Purchasing Division to issue
blanket purchase orders for the various departments for
the period of October 1, 2010 through September 30, 2011
with the recommended bidder; and (3) authorized the
Purchasing Manager to renew this bid for 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
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September 21, 2010
Indian River County, all as recommended in the
memorandum of September 13, 2010.
8.H. APPROVAL OF BID AWARD FOR IRC BID #2011005 ANNUAL BID FOR
CALCIUM HYPOCHLORITE, UTILITIES DEPARTMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously:
(1) awarded the Bid to Chemrite, Inc., as the lowest and
most responsive bidder meeting the specifications as set
forth in the Invitation to Bid; (2) authorized the
Purchasing Division to issue blanket purchase orders for
the period of October 1, 2010 through September 30, 2011
with the recommended vendor; and (3) authorized the
Purchasing Manager to renew this Bid for two (2)
additional one (1) year periods subject to satisfactory
performance, zero cost increase, vendor acceptance and
the determination that renewal of this annual contract is in
the best interest of Indian River County, all as
recommended in the memorandum of September 14, 2010.
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September 21, 2010
8.1. BID AWARD: BID # 2011008 ANNUAL BID FOR ANTISCALANT, UTILITIES
DEPARTMENT/WATER PRODUCTION DIVISION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously:
(1) awarded the Bid Award to Harcros Chemicals, Inc., as
the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid;
(2) authorized the Purchasing Division to issue blanket
purchase orders for the period of October 1, 2010 through
September 30, 2011 with the recommended vendor; and
(3) authorized the Purchasing Manager to renew this Bid
for two (2) additional one (1) year periods subject to
satisfactory performance, zero cost increase, vendor
acceptance and the determination that renewal of this
annual bid is in the best interest of Indian River County,
all as recommended in the memorandum of September 14,
2010
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September 21, 2010
8.J. CHILDREN'S SERVICES ADVISORY COMMITTEE'S RECOMMENDATION
AGENCY FUNDING FOR 2010-2011 AND SAMPLE AGENCY CONTRACT TO
BE USED
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the funding levels (total of $691,290.00) and contract as
submitted, and authorized the Chairman to execute the
individual contracts, as recommended in the memorandum
of September 13, 2010.
8.K. APPROVAL OF CHANGE ORDER No. 2 TO SJRWMD CONTRACT No.
25245 FOR EGRET MARSH REGIONAL STORMWATER PARK
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 2 to St. Johns River Water
Management District (SJRWMD) Contract No. 25245,
and authorized the Chairman to execute it on behalf of the
County, as recommended in the memorandum of
September 15, 2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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September 21, 2010
8.L. APPROVAL OF RENEWAL FOR A CLASS "A" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR INDIAN RIVER COUNTY
DEPARTMENT OF EMERGENCY SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
renewal of the Class "A" Certificate of Public
Convenience and Necessity for the Indian River County
Department of Emergency Services, to be effective for a
period of two (2) years from October 15, 2010, to October
15, 2012, as recommended in the memorandum of
September 2, 2010.
8.M. AMENDMENT NO. 1 TO WORK ORDER NO. 1- G.K. ENVIRONMENTAL,
INC., OSLO ROAD BOAT RAMP, IRCPROJECT No. 0381
Dr. Richard Baker, President of the Pelican Island Audubon Society (PIAS) voiced
concerns over the amount of money spent on this project, and the effects that channel dredging
will have on the conservation area, its large concentration of manatees, shellfish, seagrass, and
mangroves. He asked the Board to consider another solution.
Chairman O'Bryan clarified and addressed Dr. Baker's concerns.
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September 21, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 1 to Work Order No. 1 in the not -to -
exceed sum of $18,850.00; authorized the services as
outlined in the Scope of Services; and authorized the
Chairman to execute same; as recommended in the
memorandum of September 10, 2010.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. AMENDMENT NO. 1 TO WORK ORDER No. 1 (ENGINEERING) WITH
UNIVERSAL ENGINEERING SCIENCES, INC., PROVIDING PROFESSIONAL
GEOTECHNICAL SERVICES IN ACCORDANCE WITH THE ANNUAL
GEOTECHNICAL SERVICES CONTRACT RFC, No. 2010021, 66TH AVENUE
FROM 16TH STREET TO SOUTH OF S.R. 60 - IRC PROJECT # 9810-A, 16TH
STREET FROM 74TH AVENUE TO 66" AVENUE — IRC PROJECT # 9920, 66TH
AVENUE FROM SOUTH OF S.R. 60 TO NORTH OF S.R. 60 - IRC PROJECT #
0545
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 1 to Work Order No. 1 (Engineering) to
Universal Engineering Sciences, Inc.; authorized the tasks
as outlined in the Scope of Services; and authorized the
Chairman to execute same for a not -to -exceed amount of
$15,023.00, as recommended in the memorandum of
September 10, 2010.
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September 21, 2010
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. CONSULTING SERVICES WORK ORDER No. 5 FINAL PAY WITH POST,
BUCKLEY, SCHUHAND JERNIGAN, INC. (PBS&J) FOR PERMITTING,
DESIGN AND CONSTRUCTION SERVICES FOR THE WEST REGIONAL
WASTEWATER TREATMENT FACILITY EXPANSION UCP -2621
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
final payment to Post, Buckley, Schuh and Jernigan, Inc.,
in the amount of $39,155.60 for work associated with the
West Regional Wastewater Treatment Plant expansion, as
recommended in the memorandum of September 9, 2010.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS - NONE
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROMARDRA RIGBYAND GEORGE RIGBY
REGARDING WASTE MANAGEMENT CONTRACTS
(Clerk's Note: Messrs. Rigby arrived at approximately 9:45 a.m.; therefore, this item
was heard at 9:59 a.m. following the Emergency Services District Meeting.)
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September 21, 2010
George (Bill) Rigby, 8465 59th Avenue, and Ardra Rigby, 8465 59th Avenue, Capital
Sanitation, Inc., offered their comments conjointly as they presented history from 1961 to 2009,
spoke about selective harassment, discriminatory practices, the violation of civil rights, the
current convenience center and landfill, and the Enterprise Zone. Their primary argument was
that they had been excluded improperly from obtaining a residential solid waste collection
franchise. They urged the Board to cease the current franchise agreement with the current
haulers (Treasure Coast Refuse and Waste Management).
The Board directed County Attorney Alan S. Polackwich, Sr. to review the franchise
hauling contract issue and report back to the Board at the October 26, 2010, Board of County
Commission Meeting.
10.C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR OCTOBER S, 2010 -
ORDINANCE AMENDMENT TO PROVIDE FOR SUNSETTING LOCAL
PREFERENCE IN PURCHASING OR CONTRACTING (LEGISLATIVE)
Attorney Polackwich read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
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September 21, 2010
12. C GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES
12.F. 1. AWARD AND APPROVAL OF RFP #2010053 PURCHASE OF 154 GOLF
CARS, 1 DRIVE RANGE CAR
The Director of Sandridge Golf Course, Bob Komarinetz, recapped his memorandum
dated September 7, 2010, reporting that a selection committee had been formed to review
proposals and evaluate the demo golf cars (aka golf carts) for the replacement of the current fleet
of golf cars. He said their research revealed that the Yamaha cars were more beneficial for the
operation and performed the best for the price. The committee's recommendation was to change
the fleet to Yamaha, and to finance the fleet through the government lease/purchase program.
Commissioner Davis acknowledged the benefit of storing parts for one manufacturer for
the fleet, questioned the trade-in process, and suggested that some golf cars go to non -profits and
some to public auction. He felt this would provide a benchmark in determining whether the
trade-in value is reasonable.
Discussion ensued regarding the total number of golf cars needed, the round count,
allowing for maximum capacity, whether to offer the golf cars to non -profits, and the idea of
selling the replacement golf cars at auction.
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September 21, 2010
Director Komarinetz reiterated that he would like to retain 15 golf cars out of the trade-in
fleet, offer two to non -profits at the trade-in price of $1,500, and take the remaining to public
auction.
It was pointed out by the Board that the golf cars are being paid for by the user fees, not
taxpayer dollars, and that even though the golf cars carry a name of Yamaha, they are made in
Newman, Georgia.
Assistant County Administrator Michael Zito informed the Board that the price is within
5% of what the County paid for the entire fleet six years ago, and that it includes additional
features like windshields and rain covers.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the bid award to Yamaha for the purchase of 154 golf
cars, removing a quantity of 17 from the trade-in, offering
two to non-profit at trade-in value, the remaining to be
sold at County auction, and directed staff to bring back a
contract including a purchase price not to exceed
$318,050, along with the most efficient financing terms
available.
12. G. OFFICE OF MANAGEMENT AND BUDGET
12. G.1. COUNTY FUND BALANCE AND RESERVE POLICY
County Budget Director Jason Brown reviewed his memorandum dated September 14,
2010, providing background and analysis of the revised fund balance and reserve policy for the
County. He recalled that in February 2009 the Governmental Accounting Standards Board
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September 21, 2010
(GASB) issued Statement No. 54 which amends the way fund balance and reserves are reported,
and as a result, adjustments to the current fund balance and reserve policy are now required.
The Board sought and received clarification regarding the restricted/unrestricted fund
categories, the Enterprise Funds (Utilities), and the percentage of reserves used for certain
projects.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler, to approve the
Fund Balance and Reserve Policy effective September 21,
2010.
Discussion ensued regarding the importance of the reserves, challenges from the cost of
hurricanes, and future limitations.
Bob Johnson, Coral Wind Subdivision, wanted to know if the change in reserves would
cause an increase in utility or emergency fees, and Administrator Baird replied that it would not.
The Chairman CALLED THE QUESTION and by a 4-1
vote (Commissioner Solari opposed), the Motion carried.
The Board approved the Fund Balance and Reserve Policy
effective September 21, 2010.
12.H. RECREATION - NONE
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September 21, 2010
12.1. PUBLIC WORKS
12.1.1. 3 -YEAR RENEWAL OF LEASE FOR NORTH COUNTY OFFICES
Public Works Director Chris Mora, using a PowerPoint presentation (on file), provided
the details of the Lease Renewal Agreement (with FNB Properties, Inc.) for the North County
Offices located at 11602 and 11604 US 1 in Sebastian, and recommended the Board approve the
lease renewal rate for three years, for a total savings of $17,250.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the lease renewal rates as proposed for the North County
Offices, and authorized the Chairman to execute same, as
recommended in the memorandum of September, 15,
2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.2. ARCHIE SMITH FISH HOUSE - UPDATE
Director Mora, using a PowerPoint presentation (on file), provided history and update on
the Archie Smith Fish House, located at 1740 N. Indian River Drive, Sebastian. He addressed
the importance of stabilizing the building structures, revealed the proposed cost estimates, and
highlighted staff's long and short term goals. He requested the Board authorize staff to issue
purchase orders as needed for the temporary repairs required to stabilize the structures and dock
until restoration funding is received.
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September 21, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Solari, the Board unanimously authorized
the County Administrator to issue purchase orders for the
repair work based on purchasing guidelines, and proceed
with stabilization of the building and dock, as
recommended in the memorandum of September 15, 2010.
12.J. UTILITIES SERVICES
12.J.1. APPROVAL OF FEMA HMGP DENIAL APPEAL FOR ROCKRIDGE SEWER
SYSTEM
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the appeal to de -obligate the funding for the FEMA
Rockridge Grants, as recommended in the memorandum
of September 14, 2010.
(Clerk's Note: At 9:57 a.m. the Chairman closed the Board of County Commission
(BCC) Meeting to conduct the Emergency Services District (ESD) Meeting. The Chairman
reconvened the BCC Meeting at 9:59 a.m. to hear Items 10.B.1. and 13.A.)
13. COUNTY ATTORNEY MATTERS
13.A. HIRING OF OUTSIDE BANKRUPTCY ATTORNEY
(Clerk's Note: This Item was heard following Item 10.B. and is placed here for
continuity.)
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September 21, 2010
Attorney Polackwich, through review of his Memorandum dated September 15, 2010,
presented background and analysis pertaining to the hiring of an outside bankruptcy law firm that
would represent the County in the pending Panther case in Tampa, and also serve on a stand-by
basis to answer questions and provide services in the future. He anticipated that his office would
continue to handle the majority of bankruptcy matters, but felt the need for an ongoing
relationship with one outside law firm that specializes in these matters. He asked the Board for
the authority to find counsel that he could hire at a reduced government rate, and bring
engagement letters back to the Board for approval.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to authorize the
County Attorney to hire outside bankruptcy counsel as
outlined and recommended in the memorandum of
September 15, 2010.
Discussion ensued as the Commissioners provided comments, asked questions, and
provided reasons as to why they support the County Attorney's recommendation.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously authorized the
County Attorney to hire outside bankruptcy counsel as
outlined and recommended in the memorandum of
September 15, 2010.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE
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September 21, 2010
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
15.A. 1. APPROVAL TO PURCHASE (2) TYPE I MEDIUM DUTY REPLACEMENT
AMBULANCES FROM ETR
At 9:57 a.m. the Chairman closed the Regular Board of County Commission (BCC)
Meeting to conduct the Emergency Services District (ESD) Meeting. Those Minutes are being
prepared separately.
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15. C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
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September 21, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
10:33 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: DEC 7 2010
BCC/LA/2010Minutes
September 21, 2010
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