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HomeMy WebLinkAbout10/19/2010 (3)MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 19, 2010 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Wesley S. Davis Joseph E. Flescher Gary C. Wheeler District 4 District 5 District 1 District 2 District 3 Joseph A. Baird, County Administrator Alan S. Polackwich, Sr , County Attorney Jeffrey K. Barton, Clerk to the Board 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 9:00 A.M. Reverend Steve Jones, Vero Christian Church Alan S. Polackwich, Sr., County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Update on the Early Learning coalition and How it Affects Indian River County by Jacki Jackson, Executive Director B. Presentation on the Fire Tower Project at 43rd Avenue and 4`h Street by Barbara Drndak, Project Chairman, and Hildie Tripson, President, Indian River County Historical Society October 19, 2010 PAGE Page 1 of 6 MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 19, 2010 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Bob Solari, Vice Chairman Wesley S. Davis Joseph E. Flescher Gary C. Wheeler District 4 District 5 District 1 District 2 District 3 Joseph A. Baird, County Administrator Alan S. Polackwich, Sr , County Attorney Jeffrey K. Barton, Clerk to the Board 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 9:00 A.M. Reverend Steve Jones, Vero Christian Church Alan S. Polackwich, Sr., County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Update on the Early Learning coalition and How it Affects Indian River County by Jacki Jackson, Executive Director B. Presentation on the Fire Tower Project at 43rd Avenue and 4`h Street by Barbara Drndak, Project Chairman, and Hildie Tripson, President, Indian River County Historical Society October 19, 2010 PAGE Page 1 of 6 6. APPROVAL OF MINUTES PAGE None 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Town of Indian River Shores Appointment to the Economic Development Council (memorandum dated October 12, 2010) 8. CONSENT AGENDA A. Approval of Warrants and Wires October 2, 2010 to October 7, 2010 (memorandum dated October 7, 2010) 1-2 3-9 B. Approval to Authorize Payment for Shulman, Rogers, Gandal, Pordy, & Ecker, P.A for 800 MHz Rebanding (memorandum dated October 8, 2010) 10-13 C. E911 State Grant Application (memorandum dated October 1, 2010) 14-22 D. Golf Cart Financing Options (memorandum dated October 6, 2010) 23-34 E. Interfund Borrowing (memorandum dated October 12, 2010) 35-36 F. Approval of the Professional Service Agreements for Annual Land Surveying and Mapping/GIS Services Contract, IRC Project No. 0725, RFQ# 2011009 (memorandum dated October 11, 2010) 37-101 G. Final Pay Request Gifford Community Center Repairs (memorandum dated October 11, 2010) 102-103 H. Final Payment — FPLES Phase II Energy Savings Project (memorandum dated October 12, 2010) 104-105 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None October 19, 2010 Page 2 of 6 6. APPROVAL OF MINUTES PAGE None 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Town of Indian River Shores Appointment to the Economic Development Council (memorandum dated October 12, 2010) 8. CONSENT AGENDA A. Approval of Warrants and Wires October 2, 2010 to October 7, 2010 (memorandum dated October 7, 2010) 1-2 3-9 B. Approval to Authorize Payment for Shulman, Rogers, Gandal, Pordy, & Ecker, P.A for 800 MHz Rebanding (memorandum dated October 8, 2010) 10-13 C. E911 State Grant Application (memorandum dated October 1, 2010) 14-22 D. Golf Cart Financing Options (memorandum dated October 6, 2010) 23-34 E. Interfund Borrowing (memorandum dated October 12, 2010) 35-36 F. Approval of the Professional Service Agreements for Annual Land Surveying and Mapping/GIS Services Contract, IRC Project No. 0725, RFQ# 2011009 (memorandum dated October 11, 2010) 37-101 G. Final Pay Request Gifford Community Center Repairs (memorandum dated October 11, 2010) 102-103 H. Final Payment — FPLES Phase II Energy Savings Project (memorandum dated October 12, 2010) 104-105 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None October 19, 2010 Page 2 of 6 10. PUBLIC ITEMS PAGE A. PUBLIC HEARINGS 1. Consideration of Proposed Land Development Regulation (LDR) Amendment to Eliminate the `Other Corridor" Compliance Deadline for Replacing or Modifying Non -Conforming Free - Standing Signs (memorandum dated August 27, 2010) Legislative 106-113 2. Tax Equity and Fiscal Responsibility Act (TEFRA), Public Hearing — Palm Beach County Health Facilities Authority Retirement Community Revenue Bonds (memorandum dated October 10, 2010) Legislative B. PUBLIC DISCUSSION ITEMS None 114-125 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS A. Minor League Baseball's Request to Utilize Additional Lands for Expansion Project (memorandum dated October 12, 2010 12. DEPARTMENTAL MATTERS A. B. Community Development None Emergency Services None C. General Services None D. October 19, 2010 Human Resources None 126-131 Page 3 of 6 10. PUBLIC ITEMS PAGE A. PUBLIC HEARINGS 1. Consideration of Proposed Land Development Regulation (LDR) Amendment to Eliminate the `Other Corridor" Compliance Deadline for Replacing or Modifying Non -Conforming Free - Standing Signs (memorandum dated August 27, 2010) Legislative 106-113 2. Tax Equity and Fiscal Responsibility Act (TEFRA), Public Hearing — Palm Beach County Health Facilities Authority Retirement Community Revenue Bonds (memorandum dated October 10, 2010) Legislative B. PUBLIC DISCUSSION ITEMS None 114-125 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS A. Minor League Baseball's Request to Utilize Additional Lands for Expansion Project (memorandum dated October 12, 2010 12. DEPARTMENTAL MATTERS A. B. Community Development None Emergency Services None C. General Services None D. October 19, 2010 Human Resources None 126-131 Page 3 of 6 12. DEPARTMENTAL MATTERS PAGE E. Human Services None F Leisure Services None G. H. I. Office of Management and Budget None Recreation None Public Works 1. Award of Bid # 2011011 for 53rd Street Roadway Improvements (Lateral H Canal to Indian river Boulevard), IRC Project Nos. 0107 (memorandum dated October 8, 2010) 132 164 2. Indian River Lagoon TMDL Update Presentation (memorandum dated October 11, 2010) 165-170 3. Sector 3 Beach Restoration Project Pre -Purchase and Stockpiling of Remaining Project Sand, Ranger Construction Industries, Inc. (memorandum dated October 13, 2010) J. Utilities Services 1. Amendment No. 6 to Work Order No. 2 to Post, Buckley, Schuh & Jernigan — Provide Additional Groundwater Modeling Associated with SJRWMD Consumptive Use Permit (CUP) (memorandum dated October 12, 2010) 171-177 178-182 2. Approval of Bid Award for IRC Bid No. 2010049, 3.0 MG Reuse Storage Tank and Pumping Facility (memorandum dated October 6, 2010) 183-198 13. COUNTY ATTORNEY MATTERS A. Purchase and Sale Agreement — Vero Estates, LLC — Northeast Corner of C.R. 510 and 66`' Avenue (memorandum. dated October 12, 2010) October 19, 2010 199-212 Page 4 of 6 12. DEPARTMENTAL MATTERS PAGE E. Human Services None F Leisure Services None G. H. I. Office of Management and Budget None Recreation None Public Works 1. Award of Bid # 2011011 for 53rd Street Roadway Improvements (Lateral H Canal to Indian river Boulevard), IRC Project Nos. 0107 (memorandum dated October 8, 2010) 132 164 2. Indian River Lagoon TMDL Update Presentation (memorandum dated October 11, 2010) 165-170 3. Sector 3 Beach Restoration Project Pre -Purchase and Stockpiling of Remaining Project Sand, Ranger Construction Industries, Inc. (memorandum dated October 13, 2010) J. Utilities Services 1. Amendment No. 6 to Work Order No. 2 to Post, Buckley, Schuh & Jernigan — Provide Additional Groundwater Modeling Associated with SJRWMD Consumptive Use Permit (CUP) (memorandum dated October 12, 2010) 171-177 178-182 2. Approval of Bid Award for IRC Bid No. 2010049, 3.0 MG Reuse Storage Tank and Pumping Facility (memorandum dated October 6, 2010) 183-198 13. COUNTY ATTORNEY MATTERS A. Purchase and Sale Agreement — Vero Estates, LLC — Northeast Corner of C.R. 510 and 66`' Avenue (memorandum. dated October 12, 2010) October 19, 2010 199-212 Page 4 of 6 14. COMMISSIONERS ITEMS A. Commissioner Peter D. O'Bryan, Chairman None B. C. Commissioner Bob Solari, Vice Chairman None Commissioner Wesley S. Davis None D. Commissioner Joseph E. Flescher None E. Commissioner Gary C. Wheeler None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 16. ADJOURNMENT PAGE Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD # 772-770-5215) at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library. October 19, 2010 Page 5 of 6 14. COMMISSIONERS ITEMS A. Commissioner Peter D. O'Bryan, Chairman None B. C. Commissioner Bob Solari, Vice Chairman None Commissioner Wesley S. Davis None D. Commissioner Joseph E. Flescher None E. Commissioner Gary C. Wheeler None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District None C. Environmental Control Board None 16. ADJOURNMENT PAGE Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD # 772-770-5215) at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library. October 19, 2010 Page 5 of 6 Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5.00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5.00 p.m. Page 6 of 6 October 19, 2010 Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5.00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5.00 p.m. Page 6 of 6 October 19, 2010 JEFFREY K. BARTON Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2010 1. CALL TO ORDER 1 2. INVOCATION 1. 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 ADDITION: ITEM 5.C. PRESENTATION FROM l HE CITY OF FELLSMERE 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. UPDATE ON THE EARLY LEARNING COALITION AND HOW IT AFFECTS INDIAN RIVER COUNTY BY JACKI JACKSON, EXECUTIVE DIRECTOR 2 5.B. PRESENTATION ON THE FIRE TOWER PROJECT AT 43RD AVENUE AND 4TD STREET BY BARBARA DRNDAK, PROJECT CHAIRMAN, AND HILDIE TRIPSON, PRESIDENT, INDIAN RIVER COUNTY HISTORICAL SOCIETY 2 5C. PRESENTATION FROM THE CITY OF FELLSMERE RECOGNIZING COMMISSIONER DAVIS AS THE MOST "DUNKED" INDIVIDUAL Al "I HE INDIAN RIVER LAW ENFORCEMENT NIGHT OUl EVENT 3 1 October 19, 2010 JEFFREY K. BARTON Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2010 1. CALL TO ORDER 1 2. INVOCATION 1. 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 ADDITION: ITEM 5.C. PRESENTATION FROM l HE CITY OF FELLSMERE 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. UPDATE ON THE EARLY LEARNING COALITION AND HOW IT AFFECTS INDIAN RIVER COUNTY BY JACKI JACKSON, EXECUTIVE DIRECTOR 2 5.B. PRESENTATION ON THE FIRE TOWER PROJECT AT 43RD AVENUE AND 4TD STREET BY BARBARA DRNDAK, PROJECT CHAIRMAN, AND HILDIE TRIPSON, PRESIDENT, INDIAN RIVER COUNTY HISTORICAL SOCIETY 2 5C. PRESENTATION FROM THE CITY OF FELLSMERE RECOGNIZING COMMISSIONER DAVIS AS THE MOST "DUNKED" INDIVIDUAL Al "I HE INDIAN RIVER LAW ENFORCEMENT NIGHT OUl EVENT 3 1 October 19, 2010 6. APPROVAL OF MINUTES - NONE 3 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 3 7.A. TOWN OF INDIAN RIVER SHORES APPOINTMENT TO THE ECONOMIC DEVELOPMENT COUNCIL 4 8. CONSENT AGENDA 4 8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 2, 2010 TO OCTOBER 7, 2010 4 8.B. APPROVAL TO AUTHORIZE PAYMENT FOR SHULMAN, ROGERS, GANDAL, PORDY, & ECKER, P.A. FOR 800 MHZ REBANDING 5 8.C. E91 1 STATE GRANT APPLICATION 5 8.D. GOLF CART FINANCING OPTIONS 5 7 8.E. INTERFUND BORROWING 8.F. APPROVAL OF TFIE PROFESSIONAL SERVICE AGREEMENTS FOR ANNUAL LAND SURVEYING AND MAPPING/GLS SERVICES CONTRACT, IRC PROJECT NO. 0725, RFQ# 2011009 7 8.G. FINAL PAY REQUEST GIFFORD COMMUNITY CENTER REPAIRS 8 8.H. FINAL PAYMENT - FPLES PHASE II ENERGY SAVINGS PROJECT 8 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 8 8 10. PUBLIC ITEMS 8 10.A. PUBLIC HEARING(S) 10.A.1. CONSIDERATION OF PROPOSED LAND DEVELOPMENT REGULATION (LDR) AMENDMENT TO ELIMINATE THE "OTHER CORRIDOR" COMPLIANCE DEADLINE FOR REPLACING OR MODIFYING NON -CONFORMING FREE-STANDING SIGNS 8 (LEGISLATIVE) 10.A.2. TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA), PUBLIC HEARING - PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY RETIREMENT COMMUNITY REVENUE BONDS (LEGISLATIVE) 10 10.B. PUBLIC DISCUSSION ITEMS - NONE 11 2 October 19, 2010 6. APPROVAL OF MINUTES - NONE 3 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 3 7.A. TOWN OF INDIAN RIVER SHORES APPOINTMENT TO THE ECONOMIC DEVELOPMENT COUNCIL 4 8. CONSENT AGENDA 4 8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 2, 2010 TO OCTOBER 7, 2010 4 8.B. APPROVAL TO AUTHORIZE PAYMENT FOR SHULMAN, ROGERS, GANDAL, PORDY, & ECKER, P.A. FOR 800 MHZ REBANDING 5 8.C. E91 1 STATE GRANT APPLICATION 5 8.D. GOLF CART FINANCING OPTIONS 5 7 8.E. INTERFUND BORROWING 8.F. APPROVAL OF TFIE PROFESSIONAL SERVICE AGREEMENTS FOR ANNUAL LAND SURVEYING AND MAPPING/GLS SERVICES CONTRACT, IRC PROJECT NO. 0725, RFQ# 2011009 7 8.G. FINAL PAY REQUEST GIFFORD COMMUNITY CENTER REPAIRS 8 8.H. FINAL PAYMENT - FPLES PHASE II ENERGY SAVINGS PROJECT 8 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 8 8 10. PUBLIC ITEMS 8 10.A. PUBLIC HEARING(S) 10.A.1. CONSIDERATION OF PROPOSED LAND DEVELOPMENT REGULATION (LDR) AMENDMENT TO ELIMINATE THE "OTHER CORRIDOR" COMPLIANCE DEADLINE FOR REPLACING OR MODIFYING NON -CONFORMING FREE-STANDING SIGNS 8 (LEGISLATIVE) 10.A.2. TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA), PUBLIC HEARING - PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY RETIREMENT COMMUNITY REVENUE BONDS (LEGISLATIVE) 10 10.B. PUBLIC DISCUSSION ITEMS - NONE 11 2 October 19, 2010 11 10.C. PUBLIC NOTICE ITEMS - NONE 11 11. COUNTY ADMINISTRATOR MATTERS 11.A. MINOR LEAGUE BASEBALL'S REQUEST TO UTILIZE ADDITIONAL LANDS FOR 1 1 EXPANSION PROJECT 15 12. DEPARTMENTAL MATTERS 15 12.A. COMMUNITY DEVELOPMENT - NONE 15 12.B. EMERGENCY SERVICES - NONE 15 12.C. GENERAL SERVICES - NONE 12.D. HUMAN RESOURCES - NONE 15 165 12.E. HUMAN SERVICES - NONE 16 12.F. LEISURE SERVICES - NONE 16 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 16 12.H. RECREATION - NONE 16 12.1. PUBLIC WORKS 12 1.1 AWARD OF BID # 201 101 1 FOR 53RD STREET ROADWAY IMPROVEMENTS (LATERAL H. CANAL TO INDIAN RIVER BOULEVARD), IRC PROJECT NOS. 0107 16 12.1.2. INDIAN RIVER LAGOON TMDL UPDATE PRESENTATION 17 12.1.3. SECTOR 3 BEACH RESTORATION PROJEC F PRE -PURCHASE AND STOCKPILING OF REMAINING PROJECT SAND, RANGER CONSTRUCTION INDUSTRIES, INC. 12.J. UTILITIES SERVICES 12.J.1. AMENDMENT N0. 6 TO WORK ORDER NO. 2 TO POSTMBU LING ,ASSOCIATED & JERNIGAN PROVIDE ADDITIONAL GROUNDWATER 17 19 19 WITH SJRWMD CONSUMPTIVE USE PERMIT (CUP) 12.J.2. APPROVAL OF BID AWARD FOR IRC BID NO. 2010049, 3.0 MG REUSE STORAGE 20 TANK AND PUMPING FACILITY 20 13. COUNTY ATTORNEY MATTERS 13.A. PURCHASE AND SALE AGREEMENT - VERO ESTATES, LLC -NORTHEAST 20 CORNER OF C.R. 510 AND 66TH AVENUE 3 October 19, 2010 11 10.C. PUBLIC NOTICE ITEMS - NONE 11 11. COUNTY ADMINISTRATOR MATTERS 11.A. MINOR LEAGUE BASEBALL'S REQUEST TO UTILIZE ADDITIONAL LANDS FOR 1 1 EXPANSION PROJECT 15 12. DEPARTMENTAL MATTERS 15 12.A. COMMUNITY DEVELOPMENT - NONE 15 12.B. EMERGENCY SERVICES - NONE 15 12.C. GENERAL SERVICES - NONE 12.D. HUMAN RESOURCES - NONE 15 165 12.E. HUMAN SERVICES - NONE 16 12.F. LEISURE SERVICES - NONE 16 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 16 12.H. RECREATION - NONE 16 12.1. PUBLIC WORKS 12 1.1 AWARD OF BID # 201 101 1 FOR 53RD STREET ROADWAY IMPROVEMENTS (LATERAL H. CANAL TO INDIAN RIVER BOULEVARD), IRC PROJECT NOS. 0107 16 12.1.2. INDIAN RIVER LAGOON TMDL UPDATE PRESENTATION 17 12.1.3. SECTOR 3 BEACH RESTORATION PROJEC F PRE -PURCHASE AND STOCKPILING OF REMAINING PROJECT SAND, RANGER CONSTRUCTION INDUSTRIES, INC. 12.J. UTILITIES SERVICES 12.J.1. AMENDMENT N0. 6 TO WORK ORDER NO. 2 TO POSTMBU LING ,ASSOCIATED & JERNIGAN PROVIDE ADDITIONAL GROUNDWATER 17 19 19 WITH SJRWMD CONSUMPTIVE USE PERMIT (CUP) 12.J.2. APPROVAL OF BID AWARD FOR IRC BID NO. 2010049, 3.0 MG REUSE STORAGE 20 TANK AND PUMPING FACILITY 20 13. COUNTY ATTORNEY MATTERS 13.A. PURCHASE AND SALE AGREEMENT - VERO ESTATES, LLC -NORTHEAST 20 CORNER OF C.R. 510 AND 66TH AVENUE 3 October 19, 2010 14. COMMISSIONER ITEMS 21 14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 21 14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE 21 14.C. COMMISSIONER WESLEY S. DAVIS - NONE 21 14.D. COMMISIONER JOSEPH E. FLESCHER - NONE 21 14.E. COMMISSIONER GARY C. WHEELER - NONE 21 15. SPECIAL DISTRICTS AND BOARDS 22 15.A. EMERGENCY SERVICES DISTRICT - NONE 22 15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 22 15.C. ENVIRONMENTAL CONTROL BOARD - NONE 22 16. ADJOURNMENT 4 October 19, 2010 22 14. COMMISSIONER ITEMS 21 14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 21 14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE 21 14.C. COMMISSIONER WESLEY S. DAVIS - NONE 21 14.D. COMMISIONER JOSEPH E. FLESCHER - NONE 21 14.E. COMMISSIONER GARY C. WHEELER - NONE 21 15. SPECIAL DISTRICTS AND BOARDS 22 15.A. EMERGENCY SERVICES DISTRICT - NONE 22 15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 22 15.C. ENVIRONMENTAL CONTROL BOARD - NONE 22 16. ADJOURNMENT 4 October 19, 2010 22 JEFFREY K. BARTON Clerk to the Board October 19, 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 271x' Street Vero Beach, Florida, on Tuesday, October 19, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob Solari, 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 Reverend Steve Jones, Vero Christian Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Attorney Polackwich led the Pledge of Allegiance to the Flag. 1 October 19, 2010 JEFFREY K. BARTON Clerk to the Board October 19, 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 271x' Street Vero Beach, Florida, on Tuesday, October 19, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob Solari, 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 Reverend Steve Jones, Vero Christian Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Attorney Polackwich led the Pledge of Allegiance to the Flag. 1 October 19, 2010 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman O'Bryan requested the following addition to the Agenda: ADDITION: ITEM 5.C. PRESENTATION FROM THE CITY OF FELLSMERE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS S.A. UPDATE ON THE EARLY LEARNING COALITION AND HOW IT AFFECTS INDIAN RIVER COUNTY BYJACKI JACKSON, EXECUTIVE DIRECTOR Jackie Jackson, Executive Director for the Early Learning Coalition of Indian River, Martin and Okeechobee Counties, provided an update on the status of the Coalition. She spoke about the funds and stimulus money the Coalition received last year, and how the bulk of the funds was shifted to Indian River County to serve the local children. She said that because the stimulus dollars have come to an end, the children that were receiving the funds would now have to be turned away and she asked the Board to consider approval for the Childcare Executive Partnership (a dollar for dollar match) for next year. S.B. PRESENTATION ON THE FIRE TOWER PROJECT AT 43RD AVENUE AND 4TH STREET BY BARBARA DRNDAK, PROJECT CHAIRMAN, AND HILDIE TRIPSON, PRESIDENT, INDIAN RIVER COUNTY HISTORICAL SOCIETY Barbara Drndak, Chairman of the "Friends of the Tower" project, presented the Board with an update regarding the preservation of the fire tower and adjacent building project. She 2 October 19, 2010 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman O'Bryan requested the following addition to the Agenda: ADDITION: ITEM 5.C. PRESENTATION FROM THE CITY OF FELLSMERE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS S.A. UPDATE ON THE EARLY LEARNING COALITION AND HOW IT AFFECTS INDIAN RIVER COUNTY BYJACKI JACKSON, EXECUTIVE DIRECTOR Jackie Jackson, Executive Director for the Early Learning Coalition of Indian River, Martin and Okeechobee Counties, provided an update on the status of the Coalition. She spoke about the funds and stimulus money the Coalition received last year, and how the bulk of the funds was shifted to Indian River County to serve the local children. She said that because the stimulus dollars have come to an end, the children that were receiving the funds would now have to be turned away and she asked the Board to consider approval for the Childcare Executive Partnership (a dollar for dollar match) for next year. S.B. PRESENTATION ON THE FIRE TOWER PROJECT AT 43RD AVENUE AND 4TH STREET BY BARBARA DRNDAK, PROJECT CHAIRMAN, AND HILDIE TRIPSON, PRESIDENT, INDIAN RIVER COUNTY HISTORICAL SOCIETY Barbara Drndak, Chairman of the "Friends of the Tower" project, presented the Board with an update regarding the preservation of the fire tower and adjacent building project. She 2 October 19, 2010 asked the Board for a commitment of support to save the fire tower so her volunteer group could proceed with clean-up, restoration, and developing programs with schools and agencies. After a brief discussion, the Chairman suggested staff develop a Memorandum of Agreement, ask the County Attorney to review and formalize it, and bring it back to the Board as an Agenda item for formal action. Vice Chairman Solari felt that a good model for this would be the Heritage Center, and he volunteered to help with a "race to the top of the tower" fund raiser. Administrator Baird mentioned that a site plan should be considered since Emergency Services funds were used to purchase the land from the State. Hildie Tripson, President of the Indian River County Historical Society, made observations regarding Indian River County and how it prides itself on always taking care of its history while looking forward to the future. SC. PRESENTATION FROM THE CITY OF FELLSMERE RECOGNIZING COMMISSIONER DAVIS AS THE MOST "DUNKED" INDIVIDUAL AT THE INDIAN RIVER LAW ENFORCEMENT NIGHT OUT EVENT Chairman O'Bryan read the presentation recognizing Commissioner Davis as the most "dunked" participant at the October 5, 2010, Law Enforcement event. 6. APPROVAL OF MINUTES - NONE 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 3 October 19, 2010 asked the Board for a commitment of support to save the fire tower so her volunteer group could proceed with clean-up, restoration, and developing programs with schools and agencies. After a brief discussion, the Chairman suggested staff develop a Memorandum of Agreement, ask the County Attorney to review and formalize it, and bring it back to the Board as an Agenda item for formal action. Vice Chairman Solari felt that a good model for this would be the Heritage Center, and he volunteered to help with a "race to the top of the tower" fund raiser. Administrator Baird mentioned that a site plan should be considered since Emergency Services funds were used to purchase the land from the State. Hildie Tripson, President of the Indian River County Historical Society, made observations regarding Indian River County and how it prides itself on always taking care of its history while looking forward to the future. SC. PRESENTATION FROM THE CITY OF FELLSMERE RECOGNIZING COMMISSIONER DAVIS AS THE MOST "DUNKED" INDIVIDUAL AT THE INDIAN RIVER LAW ENFORCEMENT NIGHT OUT EVENT Chairman O'Bryan read the presentation recognizing Commissioner Davis as the most "dunked" participant at the October 5, 2010, Law Enforcement event. 6. APPROVAL OF MINUTES - NONE 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 3 October 19, 2010 7.A. TOWN OF INDIAN RIVER SHORES APPOINTMENT TO THE ECONOMIC DEVELOPMENT COUNCIL Noted for the record was the appointment of Councilman Jerry Weick to serve as the Town of Indian River Shores' representative to the Indian River County Economic Development Council. He will replace Mayor Bill Kenyon and his term will expire by December 31, 2010. 8. CONSENT AGENDA Commissioner Davis requested to pull Item 8.D. from the Consent Agenda for discussion. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Consent Agenda, as amended. 8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 2, 2010 TO OCTOBER 7, 2010 ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of October 2, 2010 to October 7, 2010, as requested in the memorandum of October 7, 2010. 4 October 19, 2010 7.A. TOWN OF INDIAN RIVER SHORES APPOINTMENT TO THE ECONOMIC DEVELOPMENT COUNCIL Noted for the record was the appointment of Councilman Jerry Weick to serve as the Town of Indian River Shores' representative to the Indian River County Economic Development Council. He will replace Mayor Bill Kenyon and his term will expire by December 31, 2010. 8. CONSENT AGENDA Commissioner Davis requested to pull Item 8.D. from the Consent Agenda for discussion. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Consent Agenda, as amended. 8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 2, 2010 TO OCTOBER 7, 2010 ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of October 2, 2010 to October 7, 2010, as requested in the memorandum of October 7, 2010. 4 October 19, 2010 8.B. APPROVAL TO AUTHORIZE PAYMENT FOR SHULMAN, ROGERS, GANDAL, PORDY, & ECKER, P.A. FOR 800 MHz REBANDING ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Incumbent Acknowledgement and authorized that services identified on the invoice have been performed, as requested in the memorandum of October 8, 2010. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.C. E911 STATE GRANT APPLICATION ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously authorized the Chairman to execute the E911 State Grant Application, as recommended in the memorandum of October 1, 2010. FREQUENCY RECONFIGURATION AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.D. GOLF CART FINANCING OPTIONS Commissioner Davis voiced concern over the disposal of ten golf carts and using a reserve. He thought it would benefit the County more if the carts were sold on an absolute basis. Discussion and debate ensued regarding which fund should be used to purchase the carts, the demand in the community for the used golf carts, the total cost of the annual interest rate at October 19, 2010 5 8.B. APPROVAL TO AUTHORIZE PAYMENT FOR SHULMAN, ROGERS, GANDAL, PORDY, & ECKER, P.A. FOR 800 MHz REBANDING ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Incumbent Acknowledgement and authorized that services identified on the invoice have been performed, as requested in the memorandum of October 8, 2010. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.C. E911 STATE GRANT APPLICATION ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously authorized the Chairman to execute the E911 State Grant Application, as recommended in the memorandum of October 1, 2010. FREQUENCY RECONFIGURATION AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.D. GOLF CART FINANCING OPTIONS Commissioner Davis voiced concern over the disposal of ten golf carts and using a reserve. He thought it would benefit the County more if the carts were sold on an absolute basis. Discussion and debate ensued regarding which fund should be used to purchase the carts, the demand in the community for the used golf carts, the total cost of the annual interest rate at October 19, 2010 5 four years versus six years, the benefits of financing the golf carts through the General Fund, and the procedures/details of using a surplus auction instead of a reserve funding. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Wheeler, to authorize: (1) the purchase of 154 golf carts and one (1) range cart from Yamaha for a total net purchase price of $333,050 representing a purchase price of $550,550 less trade-in value of $217,500 for 144 golf carts and one (1) range cart; (2) the Chairman to execute the Purchase Agreement with Yamaha Golf -Car Company; (3) the County to hold back ten (10) units for sale at County auction; and (4) financing the purchase through an interfund loan from the General Fund at an annual interest rate of 3.0% for a period of six (6) years with regular principal and interest payments due monthly. Chairman O'Bryan summarized the Motion reiterating the exception of not selling the carts using the auction reserve, but rather an absolute basis. He stated that there would be no other transfers from the General Fund to make up shortfalls. The Chairman CALLED THE QUESTION and the motion carried unanimously. 6 October 19, 2010 four years versus six years, the benefits of financing the golf carts through the General Fund, and the procedures/details of using a surplus auction instead of a reserve funding. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Wheeler, to authorize: (1) the purchase of 154 golf carts and one (1) range cart from Yamaha for a total net purchase price of $333,050 representing a purchase price of $550,550 less trade-in value of $217,500 for 144 golf carts and one (1) range cart; (2) the Chairman to execute the Purchase Agreement with Yamaha Golf -Car Company; (3) the County to hold back ten (10) units for sale at County auction; and (4) financing the purchase through an interfund loan from the General Fund at an annual interest rate of 3.0% for a period of six (6) years with regular principal and interest payments due monthly. Chairman O'Bryan summarized the Motion reiterating the exception of not selling the carts using the auction reserve, but rather an absolute basis. He stated that there would be no other transfers from the General Fund to make up shortfalls. The Chairman CALLED THE QUESTION and the motion carried unanimously. 6 October 19, 2010 8.E. INTERFUND BORROWING ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved interfund borrowing as necessary to cover any cash deficits of individual funds that may occur, as recommended in the memorandum of October 12, 2010. 8.F. APPROVAL OF THE PROFESSIONAL SERVICE AGREEMENTS FOR ANNUAL LAND SURVEYING AND MAPPING/GIS SERVICES CONTRACT, IRC PROJECT NO. 0725, RFQ# 2011009 ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the fee schedules and agreements between the County and the seven (7) firms selected (Carter Associates, Inc., Vero Beach, Creech Engineering, Inc., Melbourne, Culpepper and Terpening, Inc., Ft. Pierce, Indian River Survey, Inc, Vero Beach, Kimley-Horn and Associates, Vero Beach, Masteller, Moler and Reed, Inc., Vero Beach, and Morgan Eklund, Inc., Wabasso); and the approval shall establish a contractual agreement with the selected firms, as recommended in the memorandum of October 11, 2010. AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7 October 19, 2010 8.E. INTERFUND BORROWING ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved interfund borrowing as necessary to cover any cash deficits of individual funds that may occur, as recommended in the memorandum of October 12, 2010. 8.F. APPROVAL OF THE PROFESSIONAL SERVICE AGREEMENTS FOR ANNUAL LAND SURVEYING AND MAPPING/GIS SERVICES CONTRACT, IRC PROJECT NO. 0725, RFQ# 2011009 ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the fee schedules and agreements between the County and the seven (7) firms selected (Carter Associates, Inc., Vero Beach, Creech Engineering, Inc., Melbourne, Culpepper and Terpening, Inc., Ft. Pierce, Indian River Survey, Inc, Vero Beach, Kimley-Horn and Associates, Vero Beach, Masteller, Moler and Reed, Inc., Vero Beach, and Morgan Eklund, Inc., Wabasso); and the approval shall establish a contractual agreement with the selected firms, as recommended in the memorandum of October 11, 2010. AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7 October 19, 2010 8.G. FINAL PAY REQUEST GIFFORD COMMUNITY CENTER REPAIRS ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the final pay request for Gifford Community Center repair agreement to A. Thomas Construction, Inc., in the amount of $61.,850, as recommended in the memorandum of October 11, 2010. 8.H. FINAL PAYMENT - FPLES PHASE II ENERGY SAVINGS PROJECT ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Final Pay Request in the amount of $1,031,011.00 for Florida Power and Light Energy Services (FPLES) for Phase III of the Energy Savings Project, as recommended in the memorandum of October 12, 2010. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLIC HEARING(S) 10.A.1. CONSIDERATION OF PROPOSED LAND DEVELOPMENT REGULATION (LDR) AMENDMENT TO ELIMINATE THE "OTHER CORRIDOR" COMPLIANCE DEADLINE FOR REPLACING OR MODIFYING NON- CONFORMING FREE-STANDING SIGNS (LEGISLATIVE) 8 October 19, 2010 8.G. FINAL PAY REQUEST GIFFORD COMMUNITY CENTER REPAIRS ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the final pay request for Gifford Community Center repair agreement to A. Thomas Construction, Inc., in the amount of $61.,850, as recommended in the memorandum of October 11, 2010. 8.H. FINAL PAYMENT - FPLES PHASE II ENERGY SAVINGS PROJECT ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Final Pay Request in the amount of $1,031,011.00 for Florida Power and Light Energy Services (FPLES) for Phase III of the Energy Savings Project, as recommended in the memorandum of October 12, 2010. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLIC HEARING(S) 10.A.1. CONSIDERATION OF PROPOSED LAND DEVELOPMENT REGULATION (LDR) AMENDMENT TO ELIMINATE THE "OTHER CORRIDOR" COMPLIANCE DEADLINE FOR REPLACING OR MODIFYING NON- CONFORMING FREE-STANDING SIGNS (LEGISLATIVE) 8 October 19, 2010 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling, using a PowerPoint presentation (on file), recapped his memorandum dated August 27, 2010. He presented background, analysis, and justification for adopting the proposed Land Development Regulation (LDR) Amendment, which would eliminate the "other corridor" compliance deadline for replacing or modifying free-standing signs with concrete "monument" signs. The Chairman opened the Public Hearing. Bob Johnson, Coral Wind Subdivision, wanted to know if there were any non- conforming signs in Oslo, and Director Boling relayed that staff had identified only a few. There being no further speakers, the Chairman closed the Public Hearing. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Vice Chairman Solari, to approve staffs recommendation. The Commissioners voiced their support for the proposed LDR Amendment Ordinance. The Chairman CALLED THE QUESTION and the Motion carried. The Board unanimously adopted Ordinance 2010-023, concerning an amendment to its Land Development Regulations (LDR); providing for amendments to Chapter 911, Zoning, by amending Other Corridors Special Sign Regulations Section 911.22(9); by 9 October 19, 2010 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling, using a PowerPoint presentation (on file), recapped his memorandum dated August 27, 2010. He presented background, analysis, and justification for adopting the proposed Land Development Regulation (LDR) Amendment, which would eliminate the "other corridor" compliance deadline for replacing or modifying free-standing signs with concrete "monument" signs. The Chairman opened the Public Hearing. Bob Johnson, Coral Wind Subdivision, wanted to know if there were any non- conforming signs in Oslo, and Director Boling relayed that staff had identified only a few. There being no further speakers, the Chairman closed the Public Hearing. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Vice Chairman Solari, to approve staffs recommendation. The Commissioners voiced their support for the proposed LDR Amendment Ordinance. The Chairman CALLED THE QUESTION and the Motion carried. The Board unanimously adopted Ordinance 2010-023, concerning an amendment to its Land Development Regulations (LDR); providing for amendments to Chapter 911, Zoning, by amending Other Corridors Special Sign Regulations Section 911.22(9); by 9 October 19, 2010 providing for repeal of conflicting provisions; codification; severability; and effective date. 1O.A.2. TAXEQUITYAND FISCAL RESPONSIBILITY ACT (TEFRA), PUBLIC HEARING - PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY RETIREMENT COMMUNITY REVENUE BONDS (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Assistant County Attorney Melissa Anderson reviewed her Memorandum dated October 10, 2010, providing the background and purpose of the third Interlocal Agreement with Palm Beach County Health Facilities Authority, to facilitate the issuance by the Authority of Revenue Bonds to refinance five health care facilities (three in Palm Beach County and two in Indian River County [hidian River Estates East and Indian River Estates West]), owned and operated by ACTS Retirement—Life Communities, Inc. She said that ACTS has once again requested that the Authority issue additional 2010 Retirement Community Revenue Bonds to finance further capital expenditures at the facilities, and also clarified that there would be no financial obligation to the County. Commissioners Solari and Davis commented on the annual taxes Indian River Estates pays, the services the County provides to them, the cash flow they provide to the County whether the County should charge a fee in connection with the hearing, resolution, etc., the number of jobs that will be created with the expansion, as well as the new facility. The Chairman opened the Public IIearing. There being no speakers, the Chairman closed the Public Hearing. 10 October 19, 2010 providing for repeal of conflicting provisions; codification; severability; and effective date. 1O.A.2. TAXEQUITYAND FISCAL RESPONSIBILITY ACT (TEFRA), PUBLIC HEARING - PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY RETIREMENT COMMUNITY REVENUE BONDS (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Assistant County Attorney Melissa Anderson reviewed her Memorandum dated October 10, 2010, providing the background and purpose of the third Interlocal Agreement with Palm Beach County Health Facilities Authority, to facilitate the issuance by the Authority of Revenue Bonds to refinance five health care facilities (three in Palm Beach County and two in Indian River County [hidian River Estates East and Indian River Estates West]), owned and operated by ACTS Retirement—Life Communities, Inc. She said that ACTS has once again requested that the Authority issue additional 2010 Retirement Community Revenue Bonds to finance further capital expenditures at the facilities, and also clarified that there would be no financial obligation to the County. Commissioners Solari and Davis commented on the annual taxes Indian River Estates pays, the services the County provides to them, the cash flow they provide to the County whether the County should charge a fee in connection with the hearing, resolution, etc., the number of jobs that will be created with the expansion, as well as the new facility. The Chairman opened the Public IIearing. There being no speakers, the Chairman closed the Public Hearing. 10 October 19, 2010 ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Wheeler, the Board unanimously approved: (1) no fee be charged by the County; (2) Resolution 2010- 091, approving the issuance by the Palm Beach County Health Facilities Authority of its Retirement Communities Revenue Bonds, Series 2010 (ACTS Retirement -Life Communities, Inc. Obligated Group), one or more, in amount not to exceed $60,000,000, for the purpose of financing certain capital projects on behalf of ACTS Retirement -Life Communities, Inc.; and (3) the Third Amendment to the Interlocal Agreement. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10.B. PUBLIC DISCUSSION ITEMS - NONE 10. C. PUBLIC NOTICE ITEMS - NONE 11. COUNTY ADMINIST1tATOR MATTERS 11.A. MINOR LEAGUE BASEBALL'S REQUEST TO UTILIZE ADDITIONAL LANDS FOR EXPANSION PROJECT Assistant County Administrator Michael Zito recapped his memorandum dated October 12, 2010, providing chronology, description, conditions, and alternatives regarding Minor League Baseball's (MiLB of Vero Beach, LLC) request to expand its operation by utilizing additional lands to construct a cloverleaf -style set of youth dimension fields, and a soccer field, to accommodate Minor League Baseball's future business model at the Vero Beach Sports Village, formerly known as Dodgertown. 11 October 19, 2010 ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Wheeler, the Board unanimously approved: (1) no fee be charged by the County; (2) Resolution 2010- 091, approving the issuance by the Palm Beach County Health Facilities Authority of its Retirement Communities Revenue Bonds, Series 2010 (ACTS Retirement -Life Communities, Inc. Obligated Group), one or more, in amount not to exceed $60,000,000, for the purpose of financing certain capital projects on behalf of ACTS Retirement -Life Communities, Inc.; and (3) the Third Amendment to the Interlocal Agreement. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10.B. PUBLIC DISCUSSION ITEMS - NONE 10. C. PUBLIC NOTICE ITEMS - NONE 11. COUNTY ADMINIST1tATOR MATTERS 11.A. MINOR LEAGUE BASEBALL'S REQUEST TO UTILIZE ADDITIONAL LANDS FOR EXPANSION PROJECT Assistant County Administrator Michael Zito recapped his memorandum dated October 12, 2010, providing chronology, description, conditions, and alternatives regarding Minor League Baseball's (MiLB of Vero Beach, LLC) request to expand its operation by utilizing additional lands to construct a cloverleaf -style set of youth dimension fields, and a soccer field, to accommodate Minor League Baseball's future business model at the Vero Beach Sports Village, formerly known as Dodgertown. 11 October 19, 2010 A lengthy discussion ensued regarding parking rights and requirements, and also the proposal for a long-term lease exchange. Craig Callan, 1575 46th Avenue, Vero Beach Sports Village, Minor League Baseball, acknowledged that Minor League Baseball had been working with City and County staff for a lease exchange on two parcels that would transform the sports facility into a multi -sports training venue. He believed that building a cloverleaf would be the best choice since it would allow for tournaments and bring in 20+ teams to compete. Ile addressed parking concerns and recommended the Board move forward with a lease exchange. Administrator Baird voiced concern over expanding the County owned facility since it would not meet parking compliance. He wanted cooperation from the City of Vero Beach to be able to complete the expansion project with long-term compliant parking. He felt it would be in the best interest of the County for Attorney Polackwich to conduct the parking negotiations. Discussion continued as the Commissioners voiced concerns over the lack of parking, fear that the County would be forced to inevitably purchase adjacent property for parking, future parking nonconformity, the City of Vero Beach leasing Minor League Baseball the 11.93 acres, and compliance with City Ordinances. Commissioner Wheeler said he would like to receive confirmation that the County is in compliance with the City Ordinance, and that the County would have the proper parking. 12 October 19, 2010 A lengthy discussion ensued regarding parking rights and requirements, and also the proposal for a long-term lease exchange. Craig Callan, 1575 46th Avenue, Vero Beach Sports Village, Minor League Baseball, acknowledged that Minor League Baseball had been working with City and County staff for a lease exchange on two parcels that would transform the sports facility into a multi -sports training venue. He believed that building a cloverleaf would be the best choice since it would allow for tournaments and bring in 20+ teams to compete. Ile addressed parking concerns and recommended the Board move forward with a lease exchange. Administrator Baird voiced concern over expanding the County owned facility since it would not meet parking compliance. He wanted cooperation from the City of Vero Beach to be able to complete the expansion project with long-term compliant parking. He felt it would be in the best interest of the County for Attorney Polackwich to conduct the parking negotiations. Discussion continued as the Commissioners voiced concerns over the lack of parking, fear that the County would be forced to inevitably purchase adjacent property for parking, future parking nonconformity, the City of Vero Beach leasing Minor League Baseball the 11.93 acres, and compliance with City Ordinances. Commissioner Wheeler said he would like to receive confirmation that the County is in compliance with the City Ordinance, and that the County would have the proper parking. 12 October 19, 2010 MOTION WAS MADE by Vice SECONDED by Chairman O'Bryan, Vero Beach to lease Minor League acres, with the facility's parking rights reserved. The Commissioners debated and discussed the options, alternatives, stadium capacity, and parking compliance. Commissioner Wheeler suggested this project be approved by the Board and sent back to Cit of Vero Beach, letting them know it is a "go", as long as they can guarantee parking the y compliance. Bob Johnson, Coral Wind Subdivision wanted the Board to consider the impact this would have on the Bond Issue. Chairman Solari to ask the City of Baseball the 11.93 Chairman O'Bryan did not feel the Board would be able to reach a consensus. Chairman O'Bryan WITHDREW his SECOND. Motion died for lack of a SECOND. Commissioner Wheeler suggested approving Alternative No. 2, but as part of the tive ask the City of Vero Beach to review their process and come back to the Board with Alterna , aarkin solution that would be in compliance with their parking Ordinances. Under thesehe P g conditions, the County would unencumber the 10.3 acres that is rented to them, other County would keep the parking encumbered. 13 October 19, 2010 MOTION WAS MADE by Vice SECONDED by Chairman O'Bryan, Vero Beach to lease Minor League acres, with the facility's parking rights reserved. The Commissioners debated and discussed the options, alternatives, stadium capacity, and parking compliance. Commissioner Wheeler suggested this project be approved by the Board and sent back to Cit of Vero Beach, letting them know it is a "go", as long as they can guarantee parking the y compliance. Bob Johnson, Coral Wind Subdivision wanted the Board to consider the impact this would have on the Bond Issue. Chairman Solari to ask the City of Baseball the 11.93 Chairman O'Bryan did not feel the Board would be able to reach a consensus. Chairman O'Bryan WITHDREW his SECOND. Motion died for lack of a SECOND. Commissioner Wheeler suggested approving Alternative No. 2, but as part of the tive ask the City of Vero Beach to review their process and come back to the Board with Alterna , aarkin solution that would be in compliance with their parking Ordinances. Under thesehe P g conditions, the County would unencumber the 10.3 acres that is rented to them, other County would keep the parking encumbered. 13 October 19, 2010 MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Davis, to approve Alternative No. 2, proposing a long term lease exchange of City and County land. The County would lease the 1.85 acre strip adjacent to Holman Stadium directly to City. The County would also release the reservation of rights to the "parking property" currently leased to the City. The City would then have an unencumbered lease of 10.83 acres adjacent to the Vero Beach Sports Village. In exchange, the City would lease the 11.93 acre portion of the golf course to the County for the benefit of Minor League Baseball. The Board also directed the County Attorney or his designee to conduct negotiations with the City of Vero Beach on behalf of the County. orne Polackwich sought and received clarification regarding the parking lease and Att y deed restriction. guaranteed parking, compliance with the City Ordinance, p g Discussion continued regarding parking space encumbrance remaining on the property until compliance is resolved, and physical being reserved for long-term use. ttorne Polackwich assured the Board that in negotiations with the City he would never A Y reach any conclusion that would not provide for the necessary parking. He said the parking physically needed and has to be in compliance. 14 October 19, 2010 MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Davis, to approve Alternative No. 2, proposing a long term lease exchange of City and County land. The County would lease the 1.85 acre strip adjacent to Holman Stadium directly to City. The County would also release the reservation of rights to the "parking property" currently leased to the City. The City would then have an unencumbered lease of 10.83 acres adjacent to the Vero Beach Sports Village. In exchange, the City would lease the 11.93 acre portion of the golf course to the County for the benefit of Minor League Baseball. The Board also directed the County Attorney or his designee to conduct negotiations with the City of Vero Beach on behalf of the County. orne Polackwich sought and received clarification regarding the parking lease and Att y deed restriction. guaranteed parking, compliance with the City Ordinance, p g Discussion continued regarding parking space encumbrance remaining on the property until compliance is resolved, and physical being reserved for long-term use. ttorne Polackwich assured the Board that in negotiations with the City he would never A Y reach any conclusion that would not provide for the necessary parking. He said the parking physically needed and has to be in compliance. 14 October 19, 2010 The Chairman CALLED THE QUESTION and the Motion carried by a vote of 4-1 (Vice Chairman Solari opposed). The Board approved Alternative No. 2, to propose a long term lease exchange of City and County land. The County would lease the 1.85 acre strip adjacent to Holman Stadium directly to the City. The County would also release the reservation of rights to the "parking property" currently leased to the City. The City would then have an unencumbered lease of 10.83 acres adjacent to the Vero Beach Sports Village. In exchange, the City would lease the 11.93 acre portion of the golf course to the County for the benefit of Minor League Baseball. The Board also directed the County Attorney or his designee to conduct negotiations with the City of Vero Beach on behalf of the County. The Chairman called a break at 11:16 a.m. and reconvened the Meeting at 11:30 a.m., with all members present. 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT - NONE 12.B. EMERGENCY SERVICES - NONE 12. C. GENERAL SERVICES - NONE 12.D. HUMAN RESOURCES - NONE 15 October 19, 2010 The Chairman CALLED THE QUESTION and the Motion carried by a vote of 4-1 (Vice Chairman Solari opposed). The Board approved Alternative No. 2, to propose a long term lease exchange of City and County land. The County would lease the 1.85 acre strip adjacent to Holman Stadium directly to the City. The County would also release the reservation of rights to the "parking property" currently leased to the City. The City would then have an unencumbered lease of 10.83 acres adjacent to the Vero Beach Sports Village. In exchange, the City would lease the 11.93 acre portion of the golf course to the County for the benefit of Minor League Baseball. The Board also directed the County Attorney or his designee to conduct negotiations with the City of Vero Beach on behalf of the County. The Chairman called a break at 11:16 a.m. and reconvened the Meeting at 11:30 a.m., with all members present. 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT - NONE 12.B. EMERGENCY SERVICES - NONE 12. C. GENERAL SERVICES - NONE 12.D. HUMAN RESOURCES - NONE 15 October 19, 2010 12.D. HUMAN RESOURCES - NONE 12.E. HUMAN SERVICES - NONE 12.F. LEISURE SERVICES - NONE 12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 12.H. RECREATION - NONE 12.1. PUBLIC WORKS 1211. AWARD OF BID # 2011011 FOR 53RD STREET ROADWAY IMPROVEMENTS LATERAL H CANAL TO INDIAN RIVER BOULEVARD IRC PROJECT Nos. 0107 Public Works Director Christopher Mora reviewed the memorandum dated October 8, 2010, describing the details of the bid opening for a four -lane divided roadway construction project for 53`d Street between Indian River Boulevard and Lateral H Canal, and recommended the Board award the construction contract to Dickerson Florida, Inc. in the amount of $5,082,958.55. Discussion ensued among the Board regarding the interconnectivity with Vero Lago and Bent Pine Subdivisions, and the status of Storm Grove Road. 16 October 19, 2010 12.D. HUMAN RESOURCES - NONE 12.E. HUMAN SERVICES - NONE 12.F. LEISURE SERVICES - NONE 12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 12.H. RECREATION - NONE 12.1. PUBLIC WORKS 1211. AWARD OF BID # 2011011 FOR 53RD STREET ROADWAY IMPROVEMENTS LATERAL H CANAL TO INDIAN RIVER BOULEVARD IRC PROJECT Nos. 0107 Public Works Director Christopher Mora reviewed the memorandum dated October 8, 2010, describing the details of the bid opening for a four -lane divided roadway construction project for 53`d Street between Indian River Boulevard and Lateral H Canal, and recommended the Board award the construction contract to Dickerson Florida, Inc. in the amount of $5,082,958.55. Discussion ensued among the Board regarding the interconnectivity with Vero Lago and Bent Pine Subdivisions, and the status of Storm Grove Road. 16 October 19, 2010 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Solari, the Board unanimously approved the award of contract to Dickerson Florida, Inc., in the amount of $5,082,958.55, for 53rd Street roadway improvements, as recommended in the memorandum of October 8, 2010. CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.L2. INDIAN RIVER LAGOON TMDL UPDATE PRESENTATION Director Mora and Stormwater Engineer Keith McCully, P E , through a PowerPoint presentation (on file), recapped the memorandum dated October 11, 2010, providing updated status and a summary of the Total Maximum Daily Load (TMDL) program. They spoke about the TMDL objective, degradation in water quality, fish species, the TMDL formula, the final TMDLs for allocation and process, regulated entities within the County, the requirement that every five years one-third of the total reduction must be achieved, and a summary of the TMDL reduction potential. Discussion ensued as Commissioners sought and received clarification regarding the annual street sweeping budget, the pollution reduction goal, proposed projects eligible for TMDL credits, and calculating/measuring nutrient levels. (Clerk's Note: Following the presentation, the Chairman moved to the next agenda item, no action was taken.) October 19, 2010 17 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Solari, the Board unanimously approved the award of contract to Dickerson Florida, Inc., in the amount of $5,082,958.55, for 53rd Street roadway improvements, as recommended in the memorandum of October 8, 2010. CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.L2. INDIAN RIVER LAGOON TMDL UPDATE PRESENTATION Director Mora and Stormwater Engineer Keith McCully, P E , through a PowerPoint presentation (on file), recapped the memorandum dated October 11, 2010, providing updated status and a summary of the Total Maximum Daily Load (TMDL) program. They spoke about the TMDL objective, degradation in water quality, fish species, the TMDL formula, the final TMDLs for allocation and process, regulated entities within the County, the requirement that every five years one-third of the total reduction must be achieved, and a summary of the TMDL reduction potential. Discussion ensued as Commissioners sought and received clarification regarding the annual street sweeping budget, the pollution reduction goal, proposed projects eligible for TMDL credits, and calculating/measuring nutrient levels. (Clerk's Note: Following the presentation, the Chairman moved to the next agenda item, no action was taken.) October 19, 2010 17 12.1.3. SECTOR 3 BEACH RESTORATION PROJECT PRE -PURCHASE AND STOCKPILING OF REMAINING PROJECT SAND RANGER CONSTRUCTION INDUSTRIES, INC. Director Mora, using a PowerPoint presentation (on file), explained Ranger Construction Industries, Inc.'s (Ranger) request for the County to pre -purchase the remaining Phase 1 sand volume requirement (36,688 cubic yards) so a sufficient stockpile can be achieved prior to the anticipated December 2010 construction, and to also pre -purchase the Phase 2 sand (267,000 cubic yards) prior to the anticipated February 2011 construction of the Sector 3 Beach Restoration Project. He summarized the conditions and cost analysis, and recommended the Board deny Ranger's request for the pre -purchase of sand. Discussion ensued among the Board and staff regarding the County's loss of potential interest, possible risk issues for prepaying for material and/or service, the importance of completing the construction project by April 30, 2011, receipt of the Notice -to -Proceed from the Florida Department of Environmental Protection, and Ranger stockpiling the County's sand on their property. Vice Chairman Solari supported the policy of not paying until the work is completed, was concerned over the price increase, and felt the stockpiling of sand was an issue between the contractor and subcontractor. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Flescher, to approve Ranger Construction Industries, Inc.'s request for the pre- purchase of 36,688 cubic yards of sand for the Sector 3 Beach Restoration project, pending receipt of the Florida Department of Environmental. Protection's Notice -to - Proceed. October 19, 2010 18 12.1.3. SECTOR 3 BEACH RESTORATION PROJECT PRE -PURCHASE AND STOCKPILING OF REMAINING PROJECT SAND RANGER CONSTRUCTION INDUSTRIES, INC. Director Mora, using a PowerPoint presentation (on file), explained Ranger Construction Industries, Inc.'s (Ranger) request for the County to pre -purchase the remaining Phase 1 sand volume requirement (36,688 cubic yards) so a sufficient stockpile can be achieved prior to the anticipated December 2010 construction, and to also pre -purchase the Phase 2 sand (267,000 cubic yards) prior to the anticipated February 2011 construction of the Sector 3 Beach Restoration Project. He summarized the conditions and cost analysis, and recommended the Board deny Ranger's request for the pre -purchase of sand. Discussion ensued among the Board and staff regarding the County's loss of potential interest, possible risk issues for prepaying for material and/or service, the importance of completing the construction project by April 30, 2011, receipt of the Notice -to -Proceed from the Florida Department of Environmental Protection, and Ranger stockpiling the County's sand on their property. Vice Chairman Solari supported the policy of not paying until the work is completed, was concerned over the price increase, and felt the stockpiling of sand was an issue between the contractor and subcontractor. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Flescher, to approve Ranger Construction Industries, Inc.'s request for the pre- purchase of 36,688 cubic yards of sand for the Sector 3 Beach Restoration project, pending receipt of the Florida Department of Environmental. Protection's Notice -to - Proceed. October 19, 2010 18 Attorney Polackwich pointed out the incentives that would encourage the project to be completed on time, and voiced concern that the County has a contract with Ranger, not the mine owner. Administrator Baird sought and received direction regarding the payment and Change Order to Ranger Construction Industries, Inc. Bob Johnson, Coral Wind Subdivision, felt this was a pilot project that the County could learn from, and concurred with the Board's decision. The Chairman CALLED THE QUESTION and by a 4-1 vote (Vice Chairman Solari opposed), the Motion carried. The Board approved Ranger Construction Industries, Inc.'s request for the pre -purchase of 36,688 cubic yards of sand for the Sector 3 Beach Restoration project, pending receipt of the Florida Department of Environmental Protection's Notice -to -Proceed. 12. J. UTILITIES SERVICES 1211. AMENDMENT NO. 6 TO WORK ORDER NO. 2 TO POST, B UCKLEY, SCHUH & JERNIGAN- PROVIDE ADDITIONAL GROUNDWATER MODELING ASSOCIATED WITH SJR WMD CONSUMPTIVE USE PERMIT (CUP) ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Wheeler, the Board unanimously: (1) approved Amendment No. 6 to Work Order No. 2 with Post Buckley, Schuh and Jernigan (PBS&J); (2) approved additional design fees for an amount not -to -exceed $32,600.00; and (3) authorized the Chairman to execute October 19, 2010 19 Attorney Polackwich pointed out the incentives that would encourage the project to be completed on time, and voiced concern that the County has a contract with Ranger, not the mine owner. Administrator Baird sought and received direction regarding the payment and Change Order to Ranger Construction Industries, Inc. Bob Johnson, Coral Wind Subdivision, felt this was a pilot project that the County could learn from, and concurred with the Board's decision. The Chairman CALLED THE QUESTION and by a 4-1 vote (Vice Chairman Solari opposed), the Motion carried. The Board approved Ranger Construction Industries, Inc.'s request for the pre -purchase of 36,688 cubic yards of sand for the Sector 3 Beach Restoration project, pending receipt of the Florida Department of Environmental Protection's Notice -to -Proceed. 12. J. UTILITIES SERVICES 1211. AMENDMENT NO. 6 TO WORK ORDER NO. 2 TO POST, B UCKLEY, SCHUH & JERNIGAN- PROVIDE ADDITIONAL GROUNDWATER MODELING ASSOCIATED WITH SJR WMD CONSUMPTIVE USE PERMIT (CUP) ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Wheeler, the Board unanimously: (1) approved Amendment No. 6 to Work Order No. 2 with Post Buckley, Schuh and Jernigan (PBS&J); (2) approved additional design fees for an amount not -to -exceed $32,600.00; and (3) authorized the Chairman to execute October 19, 2010 19 same, all as recommended in the memorandum of October 12, 2010. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.412. APPROVAL OF BID AWARD FOR IRC BID No. 2010049, 3.0 MG REUSE STORAGE TANK AND PUMPING FACILITY ON MOTION by Commissioner Flescher, SECONDED by Chairman O'Bryan, the Board unanimously: (1) approved the bid award to Summit Construction Management, Inc., as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; (2) approved the sample agreement; and (3) authorized the Chairman to execute same after approval of the required Public Construction Bond and certificate of insurance, and after the County Attorney has approved the agreements as to form and legal sufficiency, all as recommended in the memorandum of October 6, 2010. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. COUNTY ATTORNEY MATTERS 13.A. PURCHASE AND SALE AGREEMENT - VERO ESTATES, LLC - NORTHEAST CORNER OF C.R. 510 AND 66m AVENUE Deputy County Attorney William DeBraal recalled that on September 9, 2010, the Board had extended an offer of $240,000 to Vero Estates, LLC for the purchase of right-of-way 20 October 19, 2010 same, all as recommended in the memorandum of October 12, 2010. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.412. APPROVAL OF BID AWARD FOR IRC BID No. 2010049, 3.0 MG REUSE STORAGE TANK AND PUMPING FACILITY ON MOTION by Commissioner Flescher, SECONDED by Chairman O'Bryan, the Board unanimously: (1) approved the bid award to Summit Construction Management, Inc., as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; (2) approved the sample agreement; and (3) authorized the Chairman to execute same after approval of the required Public Construction Bond and certificate of insurance, and after the County Attorney has approved the agreements as to form and legal sufficiency, all as recommended in the memorandum of October 6, 2010. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. COUNTY ATTORNEY MATTERS 13.A. PURCHASE AND SALE AGREEMENT - VERO ESTATES, LLC - NORTHEAST CORNER OF C.R. 510 AND 66m AVENUE Deputy County Attorney William DeBraal recalled that on September 9, 2010, the Board had extended an offer of $240,000 to Vero Estates, LLC for the purchase of right-of-way 20 October 19, 2010 northeast corner of CR 510 and 66th Avenue. He reviewed his memorandum offer and property at the agreement dated October 12, 2010, providing background pertaining to the terms of the ag the details of the required right-of-way parcels. He recommended the Board approve the contract at the $240,000 all inclusive price. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Wheeler, to approve staff. s recommendation. Discussion ensued regarding the right-of-way along CR 510, the non-exclusive easement for stormwater drainage, and the stormwater pond site. The Chairman CALLED THE QUESTION and by a 4 1 vote (Vice Chairman Solari opposed), the Motion carried. The Board approved and authorized the Chairman to execute the Purchase Agreement for the Purchase and Sale of Real Estate with Vero Estates, LLC, for the purchase price of $240,000 inclusive of all costs and fees, as recommended in the memorandum of October 12, 2010. 14. COMMISSIONER ITEMS CHAIRMAN -NONE 14.A. COMMISSIONER PETER D. O'BRYAN 14.B. COMMISSIONER BOB SOLARI VICE CHAIRMAN - NONE 14. C. COMMISSIONER WESLEY S. DAVIS - NONE 14.D. COMMISIONER JOSEPH E. FLESCHER - NONE 21 October 19, 2010 northeast corner of CR 510 and 66th Avenue. He reviewed his memorandum offer and property at the agreement dated October 12, 2010, providing background pertaining to the terms of the ag the details of the required right-of-way parcels. He recommended the Board approve the contract at the $240,000 all inclusive price. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Wheeler, to approve staff. s recommendation. Discussion ensued regarding the right-of-way along CR 510, the non-exclusive easement for stormwater drainage, and the stormwater pond site. The Chairman CALLED THE QUESTION and by a 4 1 vote (Vice Chairman Solari opposed), the Motion carried. The Board approved and authorized the Chairman to execute the Purchase Agreement for the Purchase and Sale of Real Estate with Vero Estates, LLC, for the purchase price of $240,000 inclusive of all costs and fees, as recommended in the memorandum of October 12, 2010. 14. COMMISSIONER ITEMS CHAIRMAN -NONE 14.A. COMMISSIONER PETER D. O'BRYAN 14.B. COMMISSIONER BOB SOLARI VICE CHAIRMAN - NONE 14. C. COMMISSIONER WESLEY S. DAVIS - NONE 14.D. COMMISIONER JOSEPH E. FLESCHER - NONE 21 October 19, 2010 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 THE ALL BACKUP DOCUMENTATION, RESOLUTIONS AND ORDINANCES ARE ON ILE IN UT OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF 16. ADJOURNMENT bein no further business, the Chairman declared the meeting adjourned at There g 12:54 p.m. ATTEST: Jeffrey K. Barton, Clerk Minutes Approved: BCC/LA/2010 Minutes October 19, 2010 Peter D. O'Bryan, Chairman 22 14.E. COMMISSIONER GARY C. WHEELER - NONE 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES DISTRICT - NONE 1.5.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 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 12:54 p.m. ATTEST: ab Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman Minutes Approved: JAN 0 4 2011 BCC/LA/2010 Minutes 22 October 19, 2010 14.E. COMMISSIONER GARY C. WHEELER - NONE 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES DISTRICT - NONE 1.5.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 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 12:54 p.m. ATTEST: ab Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman Minutes Approved: JAN 0 4 2011 BCC/LA/2010 Minutes 22 October 19, 2010