HomeMy WebLinkAbout09/07/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 7, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
Addition: Item 9.B. Constitutional Officers - Property Appraiser's Office -
Informational Item by Chairman O'Bryan 2
Deletion: Item 13.B. Counter Offer Received — Purchase and Sale Agreement —
Vero Estates, LLC — Northeast Corner of C.R. 510 and 66th Avenue 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER,
2010 AS BREAST CANCER AWARENESS MONTH 2
5.B. PRESENTATION OF PROCLAMATION RECOGNIZING SEPTEMBER, 2010 AS THE
WORKFORCE DEVELOPMENT MONTH 3
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF JULY 13, 2010 3
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September 7, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. 2010 ELECTION OF AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC)
CHAIRMAN AND VICE CHAIRMAN 3
7.B. RESIGNATION OF DISTRICT 4 APPOINTEE TO THE PLANNING & ZONING
COMMISSION 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES AUGUST 6, 2010 TO AUGUST 12, 2010 4
8.B. APPROVAL OF WARRANTS AND WIRES AUGUST 13, 2010 TO AUGUST 19, 2010 5
8.C. APPROVAL OF WARRANTS AND WIRES AUGUST 20, 2010 TO AUGUST 26, 2010 5
8.D. COUNTY CAPITAL ASSET INVENTORIES 5
8.E. CERTIFICATION OF 2010 TAX ROLL 6
8.F. PARTIAL RELEASE OF RETAINAGE FOR COASTAL TECH WORK ORDER #8,
SECTOR 3 BEACH RESTORATION - PHASE I CONSTRUCTION PHASE SERVICES 6
8.G. APPROVAL OF RELEASE OF RETAINAGE FOR MALCOLM PIRNIE, INC. WORK
ORDER NO. 3 -EM AND AMENDMENT NO. 1 TO WORK ORDER NO. 3 -EM FOR
EGRET MARSH REGIONAL STORMWATER PARK 7
8.H. RELEASE OF RETAINAGE FOR WORK ORDER NO. M2 AND AMENDMENT NO. 1
TO WORK ORDER NO. M2 WITH MALCOLM PIRNIE, INC. FOR LABORATORY
SUPPORT SERVICES AND REPORTING FOR PC MAIN (FORMERLY KNOWN AS THE
MAIN RELIEF CANAL POLLUTION CONTROL SYSTEM) 7
8.I. AGREEMENT FOR DEVELOPER CONTRIBUTIONS TO ROAD IMPROVEMENTS /
ASPHALT MILLINGS ON 53RD STREET WEST OF 66TH AVENUE 8
8.J. STATE AID APPLICATION/AGREEMENT 8
8.K. FINAL PAY TO INDIAN RIVER STATE COLLEGE (FORMALLY INDIAN RIVER
COMMUNITY COLLEGE) FOR CONSTRUCTION SERVICES FOR COLLEGE LANE 16"
WATER MAIN - UCP #3085 9
8.L. RELEASE OF RETAINAGE TO BRIDGE DESIGN SERVICES FOR DESIGN SERVICES
TO ELIMINATE CONFLICTS BETWEEN EXISTING WATER AND FORCE MAINS AND
A PROPOSED NEW BRIDGE ON OLD DIXIE HIGHWAY AT THE SOUTH RELIEF
CANAL - UCP #3085 9
8.M. SOUTH WTP AIR CONDITIONER UPGRADE - UCP -2859 FINAL PAY AND
RELEASE OF RETAINAGE 10
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September 7, 2010
8.N. LATERAL "G" FM CONVERSION TO REUSE - UCP 2830 FINAL PAY AND
RELEASE OF RETAINAGE 10
8.0. AWARD OF RFP No. 2010050 FOR AUCTION SERVICES 10
8.P. CONSIDERATION OF INDIAN RIVER COUNTY 2010 SHIP PROGRAM AND HHR
PROGRAM ANNUAL REPORTS 11
8.Q. CHOOSE LIFE LICENSE PLATE FUNDING DISTRIBUTION OF FUNDS TO CARE NET
PREGNANCY CENTER OF INDIAN RIVER CO. 11
8.R. MISCELLANEOUS BUDGET AMENDMENT 019 12
8.S. DECLARE PLAYGROUND EQUIPMENT SURPLUS AND AUTHORIZE THE TRANSFER
TO THE INDIAN RIVER COUNTY HOUSING AUTHORITY 12
8.T. H.U.D. GRANT AGREEMENT SHELTER PLUS CARE GRANT FL0338C4H090900 13
8.U. APPROVAL OF WORK ORDER No. PCS -1 WITH HYDROMENTIA, INC. FOR A
PILOT ALGAL TURN SCRUBBER (ATS) SYSTEM FOR NITROGEN AND
PHOSPHORUS REMOVAL FROM STORMWATER AND THE TREATMENT AND REUSE
OF REVERSE OSMOSIS REJECT WATER 13
8.V. CONSENT TO ASSIGNMENT OF VOTING EQUIPMENT CONTRACTS 15
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 15
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF 15
BUDGET AMENDMENT 15
9.B. ADDITION: PROPERTY APPRAISER MATTERS - INFORMATIONAL ITEM BY
CHAIRMAN O'BRYAN 16
10. PUBLIC ITEMS 16
10.A. PUBLIC HEARINGS 16
10.A.1. CONSIDERATION OF PROPOSED AMENDMENT TO CN DISTRICT (NEIGHBORHOOD
COMMERCIAL) REGULATIONS CHAPTER 911 (LEGISLATIVE) 16
10.A.2. BUILDEX, INC.'S APPEAL OF THE PLANNING AND ZONING COMMISSION'S DENIAL
OF BUILDEX INC.'S REQUEST TO REZONE ±2.17 ACRES FROM PRO TO CN
(QUASI-JUDICIAL) 18
10.B. PUBLIC DISCUSSION ITEMS -NONE 19
10.C. PUBLIC NOTICE ITEMS -NONE 19
11. COUNTY ADMINISTRATOR MATTERS -NONE 19
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September 7, 2010
12. DEPARTMENTAL MATTERS 19
12.A. COMMUNITY DEVELOPMENT 19
12.A.1. REQUEST FOR AUTHORIZATION TO ABATE RECURRENCE OF A PUBLIC NUISANCE ON
AN UNMAINTAINED GOLF COURSE WITHIN VISTA GARDENS MULTIFAMILY
DEVELOPMENT (LANDOWNER: VISTA GOLF LLC; CODE ENFORCEMENT CASE
No. 2009060086) 19
12.A.2. REQUEST FOR BOARD AUTHORIZATION FOR STAFF TO INITIATE A COMPREHENSIVE
PLAN AMENDMENT TO ALLOW LIMITED RECREATIONAL VEHICLE USE IN
MOBILE HOME RENTAL PARKS 20
12.A.3. CONDEMNATION, DEMOLITION, AND REMOVAL OF UNSAFE STRUCTURES 22
12.B. EMERGENCY SERVICES -NONE 23
12.C. GENERAL SERVICES -NONE 23
12.D. HUMAN RESOURCES -NONE 23
12.E. HUMAN SERVICES -NONE 23
12.F. LEISURE SERVICES -NONE 23
12.G. OFFICE OF MANAGEMENT AND BUDGET 23
12.G.1. TWELVE MONTH REVIEW INDIAN RIVER COUNTY CODE, SECTION 105.041,
LOCAL PREFERENCE IN PURCHASING OR CONTRACTING 23
12.11. RECREATION -NONE 24
12.1. PUBLIC WORKS 25
12.1.1. INDIAN RIVER ESTATES / ACTS, INC. DEVELOPER AGREEMENT FOR PAVING OF
26TH STREET BETWEEN 82ND AVENUE AND 74TH AVENUE 25
12.I.2. WORK ORDER NO. 10 COASTAL TECHNOLOGY CORPORATION INC. SECTOR 3
BEACH RESTORATION PROJECT - PHASE 2 PRE -CONSTRUCTION PHASE
SERVICES 26
12.J. UTILITIES SERVICES 27
12.J.1. SHELL LANE EAST A PORTION OF SUMMERPLACE PETITION SEWER SERVICE
INDIAN RIVER COUNTY PROJECT NO. UCP 4039 RESOLUTION IV - FINAL
ASSESSMENT 27
12.J.2. BID AWARD RECOMMENDATION, CONSTRUCTION OF WATER AND RECLAIMED
WATER LINE REPLACEMENTS/EXTENSIONS AND MISCELLANEOUS ANNUAL
REQUIREMENTS LABOR CONTRACT INDIAN RIVER COUNTY BID No. 2010052,
UTILITIES PROJECT No. UCP 4054 27
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September 7, 2010
13. COUNTY ATTORNEY MATTERS 29
13.A. ENGAGEMENT OF OUTSIDE LAW FIRM TO CONSULT WITH COUNTY ATTORNEY'S
OFFICE ON ELECTRIC, WATER AND SEWER FRANCHISE ISSUES 29
13.B. COUNTER OFFER RECEIVED — PURCHASE AND SALE AGREEMENT — VERO ESTATES,
LLC — NORTHEAST CORNER OF C.R. 510 AND 66TH AVENUE 30
13.C. PURCHASE AND SALE AGREEMENT — ROY AND CINDY BASS 5210, 5220 85TH
STREET (C.R. 510) 30
14. COMMISSIONER ITEMS 31
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 31
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 31
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 31
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 32
14.E. COMMISSIONER GARY C. WHEELER -NONE 32
15. SPECIAL DISTRICTS AND BOARDS 32
1 5.A. EMERGENCY SERVICES DISTRICT -NONE 32
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 32
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 32
16. ADJOURNMENT 33
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September 7, 2010
JEFFREY K. BARTON
Clerk to the Board
September 7, 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 7, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob
Solari, and Commissioners Wesley S. Davis, and Gary C. Wheeler. Commissioner Joseph E.
Flescher was absent. 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
Chief Deputy Clerk of Circuit Court Jeffrey R. Smith delivered the Invocation.
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September 7, 2010
3. PLEDGE OF ALLEGIANCE
Commissioner Davis 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:
ADDITION: ITEM 9.B. CONSTITUTIONAL OFFICERS - PROPERTY APPRAISER'S OFFICE -
INFORMATIONAL ITEM BY CHAIRMAN 0 'BRYAN
DELETION: ITEM 13.B. COUNTER OFFER RECEIVED - PURCHASE AND SALE
AGREEMENT - VERO ESTATES, LLC — NORTHEAST CORNER OF C.R. 510 AND 66TH
AVENUE
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the Agenda as
amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
OCTOBER, 2010 AS BREAST CANCER A WARENESS MONTH
Vice Chairman Solari read and presented the Proclamation to Nancy Madsen, Area
Director for the American Cancer Society.
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September 7, 2010
S.B. PRESENTATION OF PROCLAMATION RECOGNIZING SEPTEMBER, 2010 AS
THE WORKFORCE DEVELOPMENT MONTH
Commissioner Davis read and presented the Proclamation to the following members of
the Workforce Development Board of the Treasure Coast: Gwenda Thompson, President/CEO;
Helene Caseltine, Board Member; Marcelo Dosanntos, Branch Manager; Janice Meehan,
Business Services Consultant; and Rosalinda Vera -Aviles, Recruiter.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF .JULY 13, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of July 13, 2010. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, by a 4-0 vote (Commissioner Flescher
absent), the Board approved the Minutes of the Regular
Meeting of July 13, 2010, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. 2010 ELECTION OF AFFORDABLE HOUSING ADVISORY COMMITTEE
(AHA C) CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the election of Julianne Price as Chairman, and Andy Bowler as
Vice Chairman, for the year 2010-2011.
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September 7, 2010
7.B. RESIGNATION OF DISTRICT 4 APPOINTEE TO THE PLANNING & ZONING
COMMISSION
Noted for the record was the resignation of Greg Smith, District 4 Appointee to the
Planning & Zoning Commission. His resignation is effective December 31, 2010 and his term
would have expired in 2011.
Chairman O'Bryan commended Mr. Smith for the work, time, and dedication he has put
into the Planning & Zoning Commission.
8. CONSENT AGENDA
Vice Chairman Solari requested Item 8.U. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the Consent Agenda,
as amended.
8.A. APPROVAL OF WARRANTS AND WIRES AUGUST 6, 2010 TO AUGUST 12,
2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the list of Warrants
and Wires as issued by the Clerk to the Board for the time
period of August 6, 2010 to August 12, 2010, as requested
in the memorandum of August 12, 2010.
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September 7, 2010
8.B. APPROVAL OF WARRANTS AND WIRES AUGUST 13, 2010 TOAUGUST 19,
2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the list of Warrants
and Wires as issued by the Clerk to the Board for the time
period of August 13, 2010 to August 19, 2010, as
requested in the memorandum of August 19, 2010.
8.C. APPROVAL OF WARRANTS AND WIRESAUGUST2O, 2010 TOAUGUST26,
2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the list of Warrants
and Wires as issued by the Clerk to the Board for the time
period of August 20, 2010 to August 26, 2010, as
requested in the memorandum of August 26, 2010.
B.D. COUNTY CAPITAL ASSET INVENTORIES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the two asset lists
(see pages 38-42 of backup) for deletion from the
inventory system, as recommended in the memorandum
of August 31, 2010.
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September 7, 2010
8.E. CERTIFICATION OF 2010 TAX ROLL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board ordered the certification of the
2010 tax roll to be extended prior to the completion of the
Value Adjustment Board (VAB) hearings, if completion
of the hearings would otherwise be the only cause for a
delay in the issuance of tax notices beyond November 1,
2010, as requested in the Tax Collector's memorandum of
August 30, 2010.
8.F. PARTIAL RELEASE OF RETAINAGE FOR COASTAL TECH WORK ORDER #8,
SECTOR 3 BEACH RESTORATION— PHASE I CONSTRUCTION PHASE
SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the partial release of
retainage in the amount of $27,944.40, for Work Order
No. 8 (Tasks 1 and 2) with Coastal Technology
Corporation, Inc. (CTC), as recommended in the
memorandum of August 26, 2010.
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September 7, 2010
8.G. APPROVAL OF RELEASE OF RETAINAGE FOR MALCOLM PIRNIE, INC.
WORK ORDER No. 3 -EM AND AMENDMENT NO. 1 TO WORK ORDER No.
3 -EM FOR EGRET MARSH REGIONAL STORMWATER PARK
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board authorized payment of
Malcolm Pirnie Inc.'s final invoice for release of
retainage, in the amount of $10,322.00, as recommended
in the memorandum of August 16, 2010.
8.H. RELEASE OF RETAINAGE FOR WORK ORDER No. M2 AND AMENDMENT
No. 1 TO WORK ORDER No. M2 WITH MALCOLM PIRNIE, INC. FOR
LABORATORY SUPPORT SERVICES AND REPORTING FOR PC MAIN
(FORMERLY KNOWN AS THE MAIN RELIEF CANAL POLLUTION CONTROL
SYSTEM)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board authorized payment of
Malcolm Pirnie Inc.'s final invoice for release of retainage
in the amount of $4,002.60, as recommended in the
memorandum of August 23, 2010.
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September 7, 2010
8.1. AGREEMENT FOR DEVELOPER CONTRIBUTIONS TO ROAD
IMPROVEMENTS/ASPHALT MILLINGS ON 53RD STREET WEST OF 66'H
AVENUE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the Developer
Agreement with Garett and Cherie Guidroz, as
recommended in the memorandum of August 23, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8..! STATE AID APPLICATION/AGREEMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board authorized the Chairman to
execute the agreements and return to the Library Services
Director to be forwarded to the appropriate State Library
staff, as recommended in the memorandum of August 17,
2010.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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September 7, 2010
8.K. FINAL PAY TO INDIAN RIVER STATE COLLEGE (FORMALLY INDIAN RIVER
COMMUNITY COLLEGE) FOR CONSTRUCTION SERVICES FOR COLLEGE
LANE 16" WATER MAIN— UCP #3085
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the total amount of
$248,803.25 for construction services by SPS Contracting,
Inc. of Vero Beach, and approved Invoice No. 715601-01
FINAL from Indian River State College for a total amount
of $20,171.75, as presented, as recommended in the
memorandum of August 19, 2010.
8.L. RELEASE OF RETAINAGE TO BRIDGE DESIGN SERVICES FOR DESIGN
SERVICES TO ELIMINATE CONFLICTS BETWEEN EXISTING WATER AND
FORCE MAINS AND A PROPOSED NEW BRIDGE ON OLD DIXIE HIGHWAY
AT THE SOUTH RELIEF CANAL — UCP #3085
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved Invoice No. 03-
538/11-2 FINAL from Bridge Design Services for a total
amount of $831.50, as presented. Payment of the invoice
will release the retainage being held and complete the
County Utility Department's obligation to the consultant,
all as stated and recommended in the memorandum of
August 26, 2010.
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September 7, 2010
8.M. SOUTH WTP AIR CONDITIONER UPGRADE — UCP -2859 FINAL PAY AND
RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the final pay and
release of retainage to DAC Air Corporation for
$2,493.90, as recommended in the memorandum of.
August 23, 2010.
8.N. LATERAL "G" FM CONVERSION TO REUSE — UCP 2830 FINAL PAY AND
RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the final pay and
release of retainage to Trisure Corporation for $45,055.13,
as recommended in the memorandum of August 25, 2010.
8.0. AWARD OFRFPNO. 2010050 FOR AUCTION SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board: (1) approved the Request for
Proposal (RFP) to Karlin Daniel & Associates, Inc., as the
lowest most responsive and responsible bidder meeting the
specifications as set forth in the RFP; (2) approved the
sample agreement; and (3) authorized the Chairman to
execute said agreement when required Certificate of
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September 7, 2010
Insurance has been received and approved by Risk
Management, and the County Attorney has approved the
agreement as to form and legal sufficiency, as
recommended in the memorandum of August 30, 2010.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.P. CONSIDERATION OF INDIAN RIVER COUNTY 2010 SHIP PROGRAM AND
HHR PROGRAM ANNUAL REPORTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the State Housing
Initiatives Partnership (SHIP) annual reports and the
Hurricane Housing Recovery (HHR) annual report, and
authorized the Chairman to execute the reports'
Certification pages, as recommended in the memorandum
of August 23, 2010.
REPORTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.Q. CHOOSE LIFE LICENSE PLATE FUNDING DISTRIBUTION OF FUNDS TO
CARE NET PREGNANCY CENTER OF INDIAN RIVER CO.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the advance
distribution of the Choose Life License Plate funds in the
amount of $17,000 to Care Net Pregnancy Center of
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September 7, 2010
Indian River County, with the stipulation that all fund
expenditures must be in accordance with Florida Statutes,
Sections 320.08056 and 320.08058(29). Additionally, all
documentation of expenditures for fiscal year 2009/2010
must be received by the Indian River County Budget
Office no later than October 11, 2010, all as stated and
recommended in the memorandum of August 30, 2010.
S.R. MISCELLANEOUS BUDGET AMENDMENT 019
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved Resolution 2010-
067, amending the Fiscal Year 2009-2010 Budget.
8.S. DECLARE PLAYGROUND EQUIPMENT SURPLUS AND AUTHORIZE THE
TRANSFER TO THE INDIAN RIVER COUNTY HOUSING AUTHORITY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board declared the property surplus
and excess to the County's needs and recommended that
the playground equipment be given to the Indian River
County Housing Authority for use at the housing
complexes, as recommended in the memorandum of
August 30, 2010.
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September 7, 2010
8.T. H.U.D. GRANT AGREEMENT SHELTER PLUS CARE GRANT
FL0338C4H090900
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the new Shelter Plus
Care Grant, FL0338C4H090900, and authorized the
Chairman to execute three originals for submittal to the
U.S. Department of Housing and Urban Development
(HUD) as requested by the Treasure Coast Homeless
Services Council, Inc., in the letter of August 31, 2010,
and as recommended in the memorandum of August 31,
2010.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.U. APPROVAL OF WORK ORDER No. PCS -1 WITH HYDROMENTIA, INC. FOR A
PILOT ALGAL TURN SCRUBBER (ATS) SYSTEM FOR NITROGEN AND
PHOSPHORUS REMOVAL FROM STORMWATER AND THE TREATMENT AND
REUSE OF REVERSE OSMOSIS REJECT WATER
Vice Chairman Solari asked his fellow Commissioners to consider having staff return in
four to six weeks with an update on the Basin Action Management Plan for reducing pollutants
entering the Indian River Lagoon.
Several Commissioners commended staff on being proactive in reducing the Total
Maximum Daily Load (TMDL) of nitrogen and phosphorous which is discharging into the
Lagoon.
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September 7, 2010
Director Mora responded to Vice Chairman Solari's question about funding for the
Project.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Davis, to: (1) approve
staff's recommendation; and (2) direct staff to return with
an update on the Basin Action Management Plan (BMAP)
in four to six weeks.
Commissioner Davis wished to be kept abreast on the status of the TMDL loadings.
Vice Chairman Solari expressed interest in learning more about the practical aspects of
accomplishing the Florida Department of Environmental Protection's pollution reduction goals.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Flescher absent), the Motion carried.
The Board: (1) approved and authorized the Chairman to
execute Work Order No. PCS -1 with Hydromentia, Inc.
for the six-month algal turf scrubber pilot plant study for a
lump sum fee of $188,000, said approval to be contingent
upon the County's receipt of a $250,000 legislative grant
from the Florida Department of Environmental Protection
(FDEP); (2) approved a $4,560 contingency fee in the
event up to two each additional acute and chronic bioassay
tests are required, said approval to be contingent upon the
County's receipt of the referenced $250,000 grant; and
(3) directed staff to return with an update on the Basin
Action Management Plan (BMAP) in four to six weeks.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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September 7, 2010
8.V. CONSENT TO ASSIGNMENT OF VOTING EQUIPMENT CONTRACTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the assignment of
the agreements from Sequoia Voting Systems, Inc., to
Dominion Voting Systems, Inc., and authorized the
Chairman and, if necessary, the Supervisor of Elections, to
execute the assignment documents, as recommended in
the memorandum of August 27, 2010.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF
BUDGET AMENDMENT
Sheriff Deryl Loar presented his request to use $37,651.00 of funds netted in a public
auction of surplus property and vehicles, which was held on May 8, 2010. He stated that, in
accordance with the Florida Statutes, Chapter 274, the proceeds would be used to acquire new
like -kind property within the current fiscal year.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board authorized the Sheriff to use
proceeds of $37,651.00 acquired in a public auction of
surplus property and vehicles, to acquire new like -kind
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September 7, 2010
property within the 2009/2010 fiscal year, as requested in
his letter of August 30, 2010.
9.B. ADDITION: PROPERTY APPRAISER MATTERS - INFORMATIONAL
ITEM BY CHAIRMAN O'BRYAN
Chairman O'Bryan provided information on the appeal process for residents who
disagree with the assessed value of their property on their TRIM (Truth in Millage) Notice. He
said the residents could discuss the assessment with the Property Appraiser, and if an agreement
is not reached (whether or not they continue negotiations with the Property Appraiser), they may
file a petition with the Value Adjustment Board to appeal the value before an independent
Special Magistrate. Chairman O'Bryan noted that the deadline for filing the petition is 5:00
p.m. on Tuesday, September 14, 2010.
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. CONSIDERATION OF PROPOSED AMENDMENT TO CN DISTRICT
(NEIGHBORHOOD COMMERCIAL) REGULATIONS CHAPTER 911
(LEGISLA TIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating explained that the next two public
hearings were related. He conveyed that Bruce Barkett, Esquire, representing George Beutell,
Buildex, Inc., had requested that the hearings be postponed to a time when the entire Board could
hear the matter. Director Keating indicated that an appropriate time certain would be the first
meeting in October, Tuesday, October 5, 2010.
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September 7, 2010
A broad -ranging discussion ensued, during which Board and staff considered the best
course of action, with several Commissioners favoring the acceptance of public input at today's
meeting.
Attorney Bruce Barkett, Collins, Brown, Caldwell, Barkett, & Garavaglia, 756
Beachland Blvd., wished to make his presentation to all five commissioners.
Attorney Gregg Casalino, O'Haire, Quinn, Candler, & Casalino, 3111 Cardinal Drive,
representing Indian River Estates, said he had a lengthy presentation that he wanted the entire
Board to hear prior to their making a decision.
Chairman O'Bryan sought and received confirmation that there was no one in the
audience who could not return if a continuation of the public hearing was held on Tuesday,
October 5, 2010.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to TABLE the
the public hearing to a time certain of Tuesday, October 5,
2010.
Commissioner Davis stated he would only support the Motion if today's hearing was
opened to public input.
Director Keating advised that today's public hearing could be opened and continued on
October 5, 2010, without requiring a re -noticing.
Commissioner Wheeler WITHDREW his Motion.
The Chairman opened the Public Hearing. There being no speakers, the Chairman closed
the Public Hearing.
17
September 7, 2010
Chairman O'Bryan reiterated that the public would have the opportunity to speak on this
matter at the public hearing on October 5, 2010, following which, the Board would take action.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the continuance of
the public hearing to a time certain of Tuesday, October 5,
2010.
Chairman O'Bryan advised that letters pertaining to this matter had been submitted to the
Board by Chuck Mechling, F. Kendall Sharp, Polly Schwey, and Ralph Sexton, and they would
be read into the record at the Public Hearing of October 5, 2010.
The Chairman called a break at 9:36 a.m., and reconvened the meeting at 9:44 a.m., with
all members present.
1O.A.2. BUILDEX, INC.'S APPEAL OF THE PLANNING AND ZONING COMMISSION'S
DENIAL OF BUILDEX INC.'S REQUEST TO REZONE ±2.17 ACRES FROM
PRO TO CN (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
The Chairman opened the Public Hearing. There being no speakers, the Chairman closed
the Public Hearing.
18
September 7, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the continuance of
the public hearing to a time certain of Tuesday, October 5,
2010.
10.B. PUBLIC DISCUSSION ITEMS -NONE
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST FOR AUTHORIZATION TO ABATE RECURRENCE OFA PUBLIC
NUISANCE ON AN UNMAINTAINED GOLF COURSE WITHIN VISTA GARDENS
MULTIFAMILY DEVELOPMENT (LANDOWNER: VISTA GOLF LLC: CODE
ENFORCEMENT CASE No. 2009060086)
MOTION WAS MADE by Commissioner Wheeler
SECONDED by Commissioner Davis, to approve staff's
recommendation.
Responding to Chairman O'Bryan's query, Attorney Polackwich divulged that the
negotiation process between the Vista Associations and Vista Golf, LLC is still ongoing.
19
September 7, 2010
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Flescher absent), the Motion carried.
The Board authorized the County's employees, servants,
agents, or contractors to again enter upon the Vista Golf,
LLC property within Vista Gardens at all reasonable times
and take whatever action is necessary to abate the
nuisance described in staff's report, with costs of the
abatement to be recorded as a lien against the subject
property, as recommended in the memorandum of August
19, 2010.
12.A.2. REQUEST FOR BOARD AUTHORIZATION FOR STAFF TO INITIATE A
COMPREHENSIVE PLAN AMENDMENT TO ALLOW LIMITED RECREATIONAL
VEHICLE USE IN MOBILE HOME RENTAL PARKS
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to direct staff to
initiate a Comprehensive Plan Text Amendment and LDR
Amendment to allow a limited number of recreational
vehicles (RV's) in small-scale mobile home parks
designated Mobile Home Rental Park (MHRP).
Commissioner Wheeler provided background on this item, explaining that the proposal to
allow the recreational vehicles (RV's) to rent vacant spaces in the smaller 20 -acre mobile home
rental parks was a means of trying to keep the parks in business and prevent their conversion to
other uses, which would result in the displacement of the residents. He invited any residents
with concerns about the proposal to contact him, and advised that the Board would hold a public
hearing for further public input on this matter.
20
September 7, 2010
Gwendolyn Ripp, Heron Cay, questioned whether the proposed amendment to allow
recreational vehicles in the mobile home rental parks would change the definition of a residential
mobile home park.
A brief discussion ensued between Ms. Ripp and Commissioner Wheeler regarding the
importance of having an informational meeting with the mobile park homeowners who would be
affected by the adoption of the proposed amendments.
The following individuals supported the request to initiate a Comprehensive Plan Text
Amendment and LDR Amendment to allow a limited number of recreational vehicles in small-
scale mobile home parks:
Bill Gorman, President Lifestyle Choice Realty, the Management Company for
Tanglewood Village Co-op, Inc. (Mr. Gorman noted for the record that the Minutes of
December 2, 2008 had erroneously indicated his opposition to the proposed amendment).
Theodora Eaton, Board Member and resident of Tanglewood Village Co -Op, Inc.
Claudia Ellis, Tanglewood Village Co -Op, Inc.
Chairman O'Bryan reiterated that the Board was today directing staff to bring the LDR
Amendments back to the Board, and that a formal public hearing would be held.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Flescher absent), the Board directed
staff to initiate a Comprehensive Plan Text Amendment
and LDR Amendment to allow a limited number of
recreational vehicles (RV's) in small-scale mobile home
parks designated Mobile Home Rental Park (MHRP), as
recommended in the memorandum of August 19, 2010.
21
September 7, 2010
12.A.3. CONDEMNATION, DEMOLITION, AND REMOVAL OF UNSAFE STRUCTURES
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler, to approve
staff's recommendation.
Community Development Director Robert Keating reported that four structures have
been identified for demolition; however the one at 1820 38th Lane has already been removed.
He also divulged that an arson investigation is currently being conducted on the structure located
at 8715 103rd Avenue, and asked the Board to authorize staff to proceed with the demolition of
the structures at 8435 62"d Avenue and 12995 100th Place, and to defer demolition of the
property on 103rd Avenue.
Jose Guanch, County Building Official, responding to Commissioner Davis's query,
advised that the owner of the property on 103rd Avenue had informed him that the arson
investigation should be concluded by October 30, 2010.
A brief discussion ensued as to when the demolitions could be accomplished in view of
the arson investigation. Director Keating explained that staff still had to solicit bids for the work,
and that the demolition could proceed on November 1, 2010.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Flescher absent), the Motion carried.
The Board: (1) approved Resolution 2010-068, providing
for the demolition of unsafe structures and the recovery of
costs; (2) authorized staff to defer the demolition of the
structure at 8715 103rd Avenue until the conclusion of the
arson investigation; (3) declared the structures located at
8435 62nd Avenue and 12995 100th Place unsafe and a
nuisance; and (4) ordered the buildings demolished with
22
September 7, 2010
related debris removed from the property by a private
vendor approved through standard bid procedures. The
structure at 1820 38th Lane has been removed from the
Condemnation List.
12.B. EMERGENCY SERVICES -NONE
12. C GENERAL SERVICES NONE
12.D. HUMAN RESOURCES -NONE
12.E. HUMAN SERVICES -NONE
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
12. G.1. TWELVE MONTH REVIEW INDIAN RIVER COUNTY CODE, SECTION
105.041, LOCAL PREFERENCE IN PURCHASING OR CONTRACTING
County Budget Director Jason Brown reviewed the memorandum of August 26, 2010 to
update the Board on the effects of Ordinance 2009-010, Section 105.41, Local Preference in
Purchasing or Contracting, which established a local preference policy on the County's bid
awards. He provided a breakdown of the bid award demographics over a six-month and a
subsequent twelve-month period, and sought Board direction on whether to continue with the
policy.
Commissioner Davis inquired whether the policy had cost the taxpayers more money,
and was informed by Director Brown that the County has not spent any more than the low bid.
23
September 7, 2010
Purchasing Manager Jerry Davis, responding to Commissioner Davis's query, conveyed
that there have been several instances where out -of -area vendors decided not to purchase the bid
documents because of the local preference policy. He also noted that several contractors had
questioned why Indian River included in its policy some counties wherein the courtesy was not
reciprocated.
Vice Chairman Solari saw no possible benefit to the citizens and favored sunsetting
Section 105.041.1, Local Preference in Purchasing or Contracting.
Commissioner Wheeler agreed with Vice Chairman Solari, observing that competition
was healthy, and that it was the County's responsibility to obtain the best price and quality of
service.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to sunset Section
105.041.1 of Ordinance 2009-010, Local Preference in
Purchasing or Contracting.
Chairman O'Bryan said that he would support the Motion because it seemed that St.
Lucie County was the only county granting to us the same courtesy we granted to them through
the local preference policy.
The Chairman CALLED THE QUESTION, and by 3-1
vote (Commissioner Davis opposed and Commissioner
Flescher absent), the Motion carried. The Board directed
staff to SUNSET Section 105.041.1, Local Preference in
Purchasing or Contracting, of Ordinance 2009-010.
12.H. RECREATION -NONE
24
September 7, 2010
12.1. PUBLIC WORKS
12.1.1. INDIAN RIVER ESTATES/ACTS, INC. DEVELOPER A GREEMENT FOR
PAVING OF 26TH STREET BETWEEN 82ND AVENUE AND 74TH AVENUE
Public Works Director Christopher Mora used a PowerPoint Presentation (on file) to
provide description and conditions on the proposed agreement between the County and Indian
River Estates/ACTS for the paving of 26th Street between 82nd Avenue and 74th Avenue, in
conjunction with the development of Phase 3 of Indian River Estates. He advised that the
project is on the list of eight (8) priority road projects known as the "Super 8" projects" which
were approved by the Board in May 2010, and asked the Board to approve the Developer's
Agreement with ACTS, Inc.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to approve the
Developer's Agreement with ACTS, Inc., a Pennsylvania
corporation.
Director Mora, with input from Administrator Baird, responded to Commissioner Davis's
question on the "Super 8" list of road priority projects.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Flescher absent), the Motion carried.
The Board approved the Developer's Agreement with
ACTS, Inc., a Pennsylvania corporation.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
25
September 7, 2010
12.1.2. WORK ORDER NO. 10 COASTAL TECHNOLOGY CORPORATION INC.
SECTOR 3 BEACH RESTORATION PROJECT — PHASE 2 PRE -
CONSTRUCTION PHASE SERVICES
Public Works Director Christopher Mora used a PowerPoint Presentation (on file) to
update the Board on Work Order No. 10 with Coastal Technology Corporation, Inc. for pre -
construction services for Phase 2 of the Sector 3 Beach Restoration. He said that if the Work
Order is approved, Coastal Technology would prepare a Water Quality Variance Application,
which is a prerequisite for the Florida Department of Environmental Protection (FDEP) to issue a
Notice -to -Proceed for Phase 2. Director Mora thereafter presented staff's recommendation for
Board approval of Work Order No. 10.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to approve Work
Order No. 10 to the contract with Coastal Technology
Corporation, Inc.
Michael Walther, Engineer of Record/President Coastal Technology Resources,
responding to Chairman O'Bryan's query, calculated that the County would receive the FDEP's
Notice -to -Proceed by December 1, 2010.
Chairman O'Bryan sought and received confirmation from Mr. Walther that the Board
would receive frequent updates on the progress of the Notice -to -Proceed.
James Gray, County Coastal Engineer, addressing Commissioner Davis's question,
projected that Phase 2 of the Sector 3 Beach Restoration Project would commence around
November 15, 2010.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Flescher absent), the Motion carried.
26
September 7, 2010
The Board approved and authorized the Chairman to
execute Work Order No. 10 to the contract with Coastal
Technology Corporation, Inc., as recommended in the
memorandum of August 24, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J. UTILITIES SERVICES
12..11. SHELL LANE EAST A PORTION OF SUMMERPLACE PETITION SEWER
SERVICE INDIAN RIVER COUNTY PROJECT No. UCP 4039 RESOLUTION
IV — FINAL ASSESSMENT
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Solari, by a 4-0 vote (Commissioner
Flescher absent), the Board approved Resolution 2010-
069, certifying "as -built" costs for installation of sewer
service in Shell Lane East in Indian River County and
other construction as necessitated by such project
providing for formal completion date and date for
payment without penalty and interest.
12.J.2. BID AWARD RECOMMENDATION, CONSTRUCTION OF WATER AND
RECLAIMED WATER LINE REPLACEMENTS/EXTENSIONS AND
MISCELLANEOUS ANNUAL REQUIREMENTS LABOR CONTRACT INDIAN
RIVER COUNTY BID No. 2010052, UTILITIES PROJECT No. UCP 4054
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Davis, to approve the
award of Bid No. 2010052 to the two lowest responsive
27
September 7, 2010
and responsible bidders, Melvin Bush Construction, Inc.
of Port St. Lucie, Florida, and Derrico Construction
Corporation of Melbourne, Florida.
Director of Utility Services Erik Olson addressed Chairman O'Bryan's question about the
necessity to line up vendors in addition to Sheltra and Son Construction Company, Inc.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Commissioner Flescher absent), the Motion carried.
The Board: (1) approved the award of Bid No. 2010052
to the two lowest responsive and responsible bidders,
Melvin Bush Construction, Inc. of Port St. Lucie, Florida,
and Derrico Construction Corporation of Melbourne,
Florida. The term of the agreements will be two (2) years
with a maximum of two (2) renewal terms of one (1) year
each; (2) approved the sample agreement; (3) authorized
the Chairman to execute associated contracts with the
Contractors when the required Certificates of Insurance
have been received and approved by Risk Management.
The County Attorney has approved the agreement as to
form and legal sufficiency. Submittal of a Public
Construction Bond will be required on an individual
project basis and only for projects with a labor cost
exceeding $100,000.00, all as recommended in the
memorandum of August 30, 2010.
28
September 7, 2010
13. COUNTY ATTORNEY MATTERS
13.A. ENGAGEMENT OF OUTSIDE LAW FIRM TO CONSULT WITH COUNTY
ATTORNEY'S OFFICE ON ELECTRIC, WATER AND SEWER FRANCHISE
ISSUES
County Attorney Alan S. Polackwich, Sr. reported that on July 20, 2010, the Board had
authorized staff to hire outside counsel as a consultant to the County Attorney's Office on
electric franchise, and water and sewer franchise issues. He stated that he has approached the
law firm of Messer, Caparello & Self, P.A. (MCS), and that a preliminary agreement to contract
with the firm has been reached, subject to the Board's ratification.
Attorney Polackwich responded to questioning from Commissioner Davis regarding the
scope of the work that the consultant would undertake.
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, by a 4-0 vote (Commissioner Flescher
absent), the Board: (1) ratified the hiring of the law firm
of Messer, Caparello & Self, P.A. Tallahassee, FL, to act
as a legal consultant on issues relating to the electric,
water and sewer franchises; and (2) authorized the
Chairman or County Attorney to execute the engagement
letter, as recommended in the memorandum of August 27,
2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
29
September 7, 2010
13.B. COUNTER OFFER RECEIVED — PURCHASE AND SALE AGREEMENT — VERO
ESTATES, LLC -NORTHEAST CORNER OF C.R. 510 AND 66THAVENUE
Deleted
13. C. PURCHASE AND SALE AGREEMENT — ROY AND CINDY BASS 5210, 5220
85TH STREET (C.R. 510)
Deputy County Attorney Bill DeBraal recalled that on July 13, 2010, the Board had
directed staff to renew negotiations (initially begun on April 6, 2010), for the purchase of right-
of-way property owned by Roy and Cindy Bass, and located at 5210, 5220 85th Street (CR 510).
The Board had authorized an offer of $350,000 inclusive of all costs and fees for the property,
and the Basses have counter -offered to sell for an all inclusive sum of $375,000, with a two-year
leaseback provision. Attorney DeBraal asked the Board to either approve the all-inclusive price
of $375,000 for the purchase, sale, and lease of the Bass property, or direct staff to terminate
negotiations.
MOTION WAS MADE by Commissioner Davis to
approve the all inclusive price of $375,000 for the
purchase, sale, and lease of the Bass property. MOTION
DIED for lack of a Second.
MOTION WAS MADE by Vice Chairman Solari to
terminate negotiations with Roy and Cindy Bass for the
purchase, sale, and lease of the Bass property. MOTION
DIED for lack of a Second.
Chairman O'Bryan wished to reiterate the $350,000 offer, inclusive of all costs and fees,
to the Basses, and to terminate negotiations if the subject offer is rejected.
30
September 7, 2010
A brief discussion ensued between the Commissioners and Attorney Polackwich, during
which it was decided to keep the offer open for two weeks until September 21, 2010.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman O'Bryan, to: (1) reject the
counter offer of $375,000, inclusive of all fees and costs,
offered by Roy and Cindy Bass; and (2) reiterate the
Board's offer of $350,000 inclusive of all costs and fees
for the purchase, sale, and lease of the Bass property at
5210, 5220 85th Street (CR 510), until the time certain of
Tuesday, September 21, 2010, at which time the offer will
be considered withdrawn.
Commissioner Davis referenced a situation which had occurred with the Fleming
property on le Street to explain why he did not support the Motion.
The Chairman CALLED THE QUESTION, and by a 3-1
vote (Commissioner Davis opposed and Commissioner
Flescher absent), the Motion carried.
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
31
September 7, 2010
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
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
32
September 7, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 10:45
a.m.
ATTEST:
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
a man
Minutes Approved: OCT 1 2 2010
BCC/MG/2010Minutes
33
September 7, 2010