HomeMy WebLinkAbout11/16/2010 (3)COUNTY COMMISSIONERS
Wesley S. Davis
Joseph E Flescher
Gary C. Wheeler
Peter D. O'Bryan
Bob Solari
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, NOVEMBER 16, 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
District 1
District 2
District 3
District 4
District 5
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr., County Attorney
Jeffrey K. Barton, Clerk to the Board
Jeffrey R. Smith,
Chief Deputy Clerk of Circuit Court
Commissioner Peter D. O'Bryan
OATH OF OFFICE BOARD OF COUNTY COMMISSION
Honorable Judge David C. Morgan, Indian River County
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
November 16, 2010
PAGE
Page l of 7
COUNTY COMMISSIONERS
Wesley S. Davis
Joseph E Flescher
Gary C. Wheeler
Peter D. O'Bryan
Bob Solari
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, NOVEMBER 16, 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
District 1
District 2
District 3
District 4
District 5
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr., County Attorney
Jeffrey K. Barton, Clerk to the Board
Jeffrey R. Smith,
Chief Deputy Clerk of Circuit Court
Commissioner Peter D. O'Bryan
OATH OF OFFICE BOARD OF COUNTY COMMISSION
Honorable Judge David C. Morgan, Indian River County
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
November 16, 2010
PAGE
Page l of 7
COUNTY COMMISSIONERS
Wesley S. Davis
Joseph E Flescher
Gary C. Wheeler
Peter D. O'Bryan
Bob Solari
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, NOVEMBER 16, 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
District 1
District 2
District 3
District 4
District 5
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr., County Attorney
Jeffrey K. Barton, Clerk to the Board
Jeffrey R. Smith,
Chief Deputy Clerk of Circuit Court
Commissioner Peter D. O'Bryan
OATH OF OFFICE BOARD OF COUNTY COMMISSION
Honorable Judge David C. Morgan, Indian River County
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
November 16, 2010
PAGE
Page l of 7
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating November 21 through November
27, 2010 as Christian Heritage Week in Indian River County 1
6.
PAGE
B. Presentation of Proclamation Designating November 12th through November
18th, 2010 as National Community Foundation Week 2
APPROVAL OF MINUTES
A. Preliminary Budget Hearing September 8, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants and Wires October 29, 2010 to November 4, 2010
(memorandum dated November 4, 2010) 3-10
B. Dori Slosberg Driver Education Safety Act Indian River County Traffic
Education Program Trust Fund
(memorandum dated November 9, 2010)
11-12
C. Quarterly Summary Report for Assessment of Additional Court Costs In
accordance with 318.18 (13) Florida Statutes
(memorandum dated November 9, 2010)
13-14
D. OPEB Trust Report for the Period 10/1/09 through 09/30/10
(memorandum dated November 9, 2010) 15-17
E. Indian River County Investment Advisory Committee Quarterly Investment
Report for the Quarter Ending 09/30/2010
(memorandum dated November 9, 2010)
18-29
F. Florida Department of Agriculture and Consumer Services, Florida Division
of Forestry Annual Fire Control Report
(letter dated November 1, 2010)
30-35
G. SR 60 From 66th Avenue to 84th Avenue Conflict Resolution with FDOT
Drainage, Pavement and Traffic Signal Improvements, Final Pay to Ranger
Construction Industries to Raise Valves, and ARV Manhole Tops, UCP #
3026
(memorandum dated November 1, 2010)
November 16, 2010
36-38
Page 2 of 7
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating November 21 through November
27, 2010 as Christian Heritage Week in Indian River County 1
6.
PAGE
B. Presentation of Proclamation Designating November 12th through November
18th, 2010 as National Community Foundation Week 2
APPROVAL OF MINUTES
A. Preliminary Budget Hearing September 8, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants and Wires October 29, 2010 to November 4, 2010
(memorandum dated November 4, 2010) 3-10
B. Dori Slosberg Driver Education Safety Act Indian River County Traffic
Education Program Trust Fund
(memorandum dated November 9, 2010)
11-12
C. Quarterly Summary Report for Assessment of Additional Court Costs In
accordance with 318.18 (13) Florida Statutes
(memorandum dated November 9, 2010)
13-14
D. OPEB Trust Report for the Period 10/1/09 through 09/30/10
(memorandum dated November 9, 2010) 15-17
E. Indian River County Investment Advisory Committee Quarterly Investment
Report for the Quarter Ending 09/30/2010
(memorandum dated November 9, 2010)
18-29
F. Florida Department of Agriculture and Consumer Services, Florida Division
of Forestry Annual Fire Control Report
(letter dated November 1, 2010)
30-35
G. SR 60 From 66th Avenue to 84th Avenue Conflict Resolution with FDOT
Drainage, Pavement and Traffic Signal Improvements, Final Pay to Ranger
Construction Industries to Raise Valves, and ARV Manhole Tops, UCP #
3026
(memorandum dated November 1, 2010)
November 16, 2010
36-38
Page 2 of 7
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating November 21 through November
27, 2010 as Christian Heritage Week in Indian River County 1
6.
PAGE
B. Presentation of Proclamation Designating November 12th through November
18th, 2010 as National Community Foundation Week 2
APPROVAL OF MINUTES
A. Preliminary Budget Hearing September 8, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants and Wires October 29, 2010 to November 4, 2010
(memorandum dated November 4, 2010) 3-10
B. Dori Slosberg Driver Education Safety Act Indian River County Traffic
Education Program Trust Fund
(memorandum dated November 9, 2010)
11-12
C. Quarterly Summary Report for Assessment of Additional Court Costs In
accordance with 318.18 (13) Florida Statutes
(memorandum dated November 9, 2010)
13-14
D. OPEB Trust Report for the Period 10/1/09 through 09/30/10
(memorandum dated November 9, 2010) 15-17
E. Indian River County Investment Advisory Committee Quarterly Investment
Report for the Quarter Ending 09/30/2010
(memorandum dated November 9, 2010)
18-29
F. Florida Department of Agriculture and Consumer Services, Florida Division
of Forestry Annual Fire Control Report
(letter dated November 1, 2010)
30-35
G. SR 60 From 66th Avenue to 84th Avenue Conflict Resolution with FDOT
Drainage, Pavement and Traffic Signal Improvements, Final Pay to Ranger
Construction Industries to Raise Valves, and ARV Manhole Tops, UCP #
3026
(memorandum dated November 1, 2010)
November 16, 2010
36-38
Page 2 of 7
8. CONSENT AGENDA PAGE
H. Declare Excess Equipment Surplus for Sale or Disposal
(memorandum dated November 8, 2010)
39-49
I. Florida Department of Transportation (FDOT) Maintenance Memorandum
of Agreement (MOA) and Authorizing Resolution for Landscape
Maintenance, SR60 between 66th Avenue and 58th Avenue, FDOT project
FM # 424638-1-52-01
(memorandum dated November 8, 2010)
50-96
J. Professional Civil Engineering Services with MBV Engineering, Inc. Quail
Creek Subdivision — Amendment No. 1
(memorandum dated November 4, 2010)
97-100
K. Work Order No. 19 to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for CR512 Bridge over the South Prong
of the Sebastian River, Release of Retainage IRC Project #9611
(memorandum dated November 5, 2010)
101-102
L. Work Order No. 20 to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for 20th Avenue Bridge over the
I.R.F.W.C.D Main Relief Canal Release of Retainage
(memorandum dated November 5, 2010)
103-104
M. Work Order No. 21 to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for CR512 Bridge over Fellsmere Water
Control District (F.W.C.D.) Park Lateral Canal Release of Retainage
(memorandum dated November 5, 2010)
105-106
N. Work Order No 22 to the Professional Bridge Design Services Agreement
with Bridge Design Associates Inc. for CR512 Bridge over Fellsmere Water
Control District (F.W.C.D.) Lateral "U' Canal Release of Retainage
(memorandum dated November 5, 2010)
107-108
O. Sector 3 Beach Restoration Project Change Order #3, Pre -Purchase for
remaining Project Sand Requirements Ranger Construction Industries, Inc.
(memorandum dated November 5, 2010)
109-120
P. Approval of Work Order No. L-1 with G. K. Environmental, Inc. and
Permission to Issue Purchase Orders for Egret Marsh Regional Stormwater
Park Punch List Items
(memorandum dated November 8, 2010)
Q•
121-161
Request to Approve a One -Year Contract Extension with The Conservation
Fund for Professional Services Relating to the County Environmental Lands
Program
(memorandum dated November 8, 2010)
162-177
November 16, 2010 Page 3 of 7
8. CONSENT AGENDA PAGE
H. Declare Excess Equipment Surplus for Sale or Disposal
(memorandum dated November 8, 2010)
39-49
I. Florida Department of Transportation (FDOT) Maintenance Memorandum
of Agreement (MOA) and Authorizing Resolution for Landscape
Maintenance, SR60 between 66th Avenue and 58th Avenue, FDOT project
FM # 424638-1-52-01
(memorandum dated November 8, 2010)
50-96
J. Professional Civil Engineering Services with MBV Engineering, Inc. Quail
Creek Subdivision — Amendment No. 1
(memorandum dated November 4, 2010)
97-100
K. Work Order No. 19 to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for CR512 Bridge over the South Prong
of the Sebastian River, Release of Retainage IRC Project #9611
(memorandum dated November 5, 2010)
101-102
L. Work Order No. 20 to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for 20th Avenue Bridge over the
I.R.F.W.C.D Main Relief Canal Release of Retainage
(memorandum dated November 5, 2010)
103-104
M. Work Order No. 21 to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for CR512 Bridge over Fellsmere Water
Control District (F.W.C.D.) Park Lateral Canal Release of Retainage
(memorandum dated November 5, 2010)
105-106
N. Work Order No 22 to the Professional Bridge Design Services Agreement
with Bridge Design Associates Inc. for CR512 Bridge over Fellsmere Water
Control District (F.W.C.D.) Lateral "U' Canal Release of Retainage
(memorandum dated November 5, 2010)
107-108
O. Sector 3 Beach Restoration Project Change Order #3, Pre -Purchase for
remaining Project Sand Requirements Ranger Construction Industries, Inc.
(memorandum dated November 5, 2010)
109-120
P. Approval of Work Order No. L-1 with G. K. Environmental, Inc. and
Permission to Issue Purchase Orders for Egret Marsh Regional Stormwater
Park Punch List Items
(memorandum dated November 8, 2010)
Q•
121-161
Request to Approve a One -Year Contract Extension with The Conservation
Fund for Professional Services Relating to the County Environmental Lands
Program
(memorandum dated November 8, 2010)
162-177
November 16, 2010 Page 3 of 7
8. CONSENT AGENDA PAGE
H. Declare Excess Equipment Surplus for Sale or Disposal
(memorandum dated November 8, 2010)
39-49
I. Florida Department of Transportation (FDOT) Maintenance Memorandum
of Agreement (MOA) and Authorizing Resolution for Landscape
Maintenance, SR60 between 66th Avenue and 58th Avenue, FDOT project
FM # 424638-1-52-01
(memorandum dated November 8, 2010)
50-96
J. Professional Civil Engineering Services with MBV Engineering, Inc. Quail
Creek Subdivision — Amendment No. 1
(memorandum dated November 4, 2010)
97-100
K. Work Order No. 19 to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for CR512 Bridge over the South Prong
of the Sebastian River, Release of Retainage IRC Project #9611
(memorandum dated November 5, 2010)
101-102
L. Work Order No. 20 to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for 20th Avenue Bridge over the
I.R.F.W.C.D Main Relief Canal Release of Retainage
(memorandum dated November 5, 2010)
103-104
M. Work Order No. 21 to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for CR512 Bridge over Fellsmere Water
Control District (F.W.C.D.) Park Lateral Canal Release of Retainage
(memorandum dated November 5, 2010)
105-106
N. Work Order No 22 to the Professional Bridge Design Services Agreement
with Bridge Design Associates Inc. for CR512 Bridge over Fellsmere Water
Control District (F.W.C.D.) Lateral "U' Canal Release of Retainage
(memorandum dated November 5, 2010)
107-108
O. Sector 3 Beach Restoration Project Change Order #3, Pre -Purchase for
remaining Project Sand Requirements Ranger Construction Industries, Inc.
(memorandum dated November 5, 2010)
109-120
P. Approval of Work Order No. L-1 with G. K. Environmental, Inc. and
Permission to Issue Purchase Orders for Egret Marsh Regional Stormwater
Park Punch List Items
(memorandum dated November 8, 2010)
Q•
121-161
Request to Approve a One -Year Contract Extension with The Conservation
Fund for Professional Services Relating to the County Environmental Lands
Program
(memorandum dated November 8, 2010)
162-177
November 16, 2010 Page 3 of 7
8. CONSENT AGENDA
R. Graves Brothers Drainage Agreement — CR 510 and Old Dixie Highway
(memorandum dated November 8, 2010)
PAGE
178-188
S. Right -of -Way Acquisition, 66th Avenue Project (4th to 16th Street), 850 66th
Avenue, Parcel I.D. # 33-39-08-00001-0130-00001.1, Project Parcel #20 and
Temporary Construction Easement Parcel #27, Owner. David L and Barbara
A. Hefflebower
(memorandum dated November 8, 2010)
189-205
T. Annual Resolution re Signatories and Delegation of Authority Concerning
Declarations of State of Local Emergencies and to Act in a State Declared
Emergency Affecting Indian River County
(memorandum dated November 8, 2010)
206-212
U. Resolutions Cancelling Taxes on Properties Acquired by the Indian River
County Housing Authority for Public Purposes
(memorandum dated November 9, 2010)
213-303
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Deryl Loar, Indian River County Sheriff
Approval to Amend Fiscal Year 2010-2011 Operating Budget
(letter dated November 9, 2010)
304
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Palema Trotting, Inc.' s Request for Special Exception Use Approval
for a Residential Migrant Housing Facility (Seasonal Worker
Housing)
(memorandum dated November 1, 2010)
305-320
Quasi -Judicial
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Request to Speak from Robert T. Wood Regarding Landlords and
Renters
November 16, 2010
321
2. Request to Speak from City of Vero Beach Councilmember Brian
Heady Regarding Update on Latest Developments Regarding City
of Vero Beach Electric Utility
322
Page 4 of 7
8. CONSENT AGENDA
R. Graves Brothers Drainage Agreement — CR 510 and Old Dixie Highway
(memorandum dated November 8, 2010)
PAGE
178-188
S. Right -of -Way Acquisition, 66th Avenue Project (4th to 16th Street), 850 66th
Avenue, Parcel I.D. # 33-39-08-00001-0130-00001.1, Project Parcel #20 and
Temporary Construction Easement Parcel #27, Owner. David L and Barbara
A. Hefflebower
(memorandum dated November 8, 2010)
189-205
T. Annual Resolution re Signatories and Delegation of Authority Concerning
Declarations of State of Local Emergencies and to Act in a State Declared
Emergency Affecting Indian River County
(memorandum dated November 8, 2010)
206-212
U. Resolutions Cancelling Taxes on Properties Acquired by the Indian River
County Housing Authority for Public Purposes
(memorandum dated November 9, 2010)
213-303
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Deryl Loar, Indian River County Sheriff
Approval to Amend Fiscal Year 2010-2011 Operating Budget
(letter dated November 9, 2010)
304
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Palema Trotting, Inc.' s Request for Special Exception Use Approval
for a Residential Migrant Housing Facility (Seasonal Worker
Housing)
(memorandum dated November 1, 2010)
305-320
Quasi -Judicial
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Request to Speak from Robert T. Wood Regarding Landlords and
Renters
November 16, 2010
321
2. Request to Speak from City of Vero Beach Councilmember Brian
Heady Regarding Update on Latest Developments Regarding City
of Vero Beach Electric Utility
322
Page 4 of 7
8. CONSENT AGENDA
R. Graves Brothers Drainage Agreement — CR 510 and Old Dixie Highway
(memorandum dated November 8, 2010)
PAGE
178-188
S. Right -of -Way Acquisition, 66th Avenue Project (4th to 16th Street), 850 66th
Avenue, Parcel I.D. # 33-39-08-00001-0130-00001.1, Project Parcel #20 and
Temporary Construction Easement Parcel #27, Owner. David L and Barbara
A. Hefflebower
(memorandum dated November 8, 2010)
189-205
T. Annual Resolution re Signatories and Delegation of Authority Concerning
Declarations of State of Local Emergencies and to Act in a State Declared
Emergency Affecting Indian River County
(memorandum dated November 8, 2010)
206-212
U. Resolutions Cancelling Taxes on Properties Acquired by the Indian River
County Housing Authority for Public Purposes
(memorandum dated November 9, 2010)
213-303
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Deryl Loar, Indian River County Sheriff
Approval to Amend Fiscal Year 2010-2011 Operating Budget
(letter dated November 9, 2010)
304
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Palema Trotting, Inc.' s Request for Special Exception Use Approval
for a Residential Migrant Housing Facility (Seasonal Worker
Housing)
(memorandum dated November 1, 2010)
305-320
Quasi -Judicial
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Request to Speak from Robert T. Wood Regarding Landlords and
Renters
November 16, 2010
321
2. Request to Speak from City of Vero Beach Councilmember Brian
Heady Regarding Update on Latest Developments Regarding City
of Vero Beach Electric Utility
322
Page 4 of 7
10. PUBLIC ITEMS PAGE
B. PUBLIC DISCUSSION ITEMS
3. Request to Speak from Todd Westover, Division Manager, Treasure
Coast Refuse / Republic Services 323
11.
C. PUBLIC NOTICE ITEMS
None
COUNTY ADMINISTRATOR MATTERS
A. Meetings of the Board of County Commission, Proposed — 2011 Meeting
Dates
(memorandum dated November 8, 2010)
324-325
12. DEPARTMENTAL MATTERS
A.
Community Development
1. Condemnation, Demolition, and Removal of Unsafe Structures
(memorandum dated November 4, 2010) 326-347
2. Request To Amend the Neighborhood Stabilization Program
Community Development Block Grant Housing Assistance Plan
(memorandum dated November 5, 2010)
348-369
B. Emergency Services
None
C. General Services
None
D. Human Resources
None
E. Human Services
None
F. Leisure Services
None
November 16, 2010
Page 5 of 7
10. PUBLIC ITEMS PAGE
B. PUBLIC DISCUSSION ITEMS
3. Request to Speak from Todd Westover, Division Manager, Treasure
Coast Refuse / Republic Services 323
11.
C. PUBLIC NOTICE ITEMS
None
COUNTY ADMINISTRATOR MATTERS
A. Meetings of the Board of County Commission, Proposed — 2011 Meeting
Dates
(memorandum dated November 8, 2010)
324-325
12. DEPARTMENTAL MATTERS
A.
Community Development
1. Condemnation, Demolition, and Removal of Unsafe Structures
(memorandum dated November 4, 2010) 326-347
2. Request To Amend the Neighborhood Stabilization Program
Community Development Block Grant Housing Assistance Plan
(memorandum dated November 5, 2010)
348-369
B. Emergency Services
None
C. General Services
None
D. Human Resources
None
E. Human Services
None
F. Leisure Services
None
November 16, 2010
Page 5 of 7
10. PUBLIC ITEMS PAGE
B. PUBLIC DISCUSSION ITEMS
3. Request to Speak from Todd Westover, Division Manager, Treasure
Coast Refuse / Republic Services 323
11.
C. PUBLIC NOTICE ITEMS
None
COUNTY ADMINISTRATOR MATTERS
A. Meetings of the Board of County Commission, Proposed — 2011 Meeting
Dates
(memorandum dated November 8, 2010)
324-325
12. DEPARTMENTAL MATTERS
A.
Community Development
1. Condemnation, Demolition, and Removal of Unsafe Structures
(memorandum dated November 4, 2010) 326-347
2. Request To Amend the Neighborhood Stabilization Program
Community Development Block Grant Housing Assistance Plan
(memorandum dated November 5, 2010)
348-369
B. Emergency Services
None
C. General Services
None
D. Human Resources
None
E. Human Services
None
F. Leisure Services
None
November 16, 2010
Page 5 of 7
12.
DEPARTMENTAL MATTERS
G.
H.
Office of Management and Budget
None
Recreation
None
•
I. Public Works
None
J. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS ITEMS
A. Commissioner Peter D. O'Bryan
1. Comprehensive Economic Development Strategy Committee
(CEDS)
(memorandum dated November 8, 2010)
PAGE
370-371
B. Commissioner Bob Solari
1. Letter to Governor
(memorandum dated November
10, 2010)
372
2 HB 697 Follow-up
(memorandum dated November
10, 2010)
373-377
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E. Flescher
None
E. Commissioner Gary C. Wheeler
None
November 16, 2010 Page 6 of 7
12.
DEPARTMENTAL MATTERS
G.
H.
Office of Management and Budget
None
Recreation
None
•
I. Public Works
None
J. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS ITEMS
A. Commissioner Peter D. O'Bryan
1. Comprehensive Economic Development Strategy Committee
(CEDS)
(memorandum dated November 8, 2010)
PAGE
370-371
B. Commissioner Bob Solari
1. Letter to Governor
(memorandum dated November
10, 2010)
372
2 HB 697 Follow-up
(memorandum dated November
10, 2010)
373-377
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E. Flescher
None
E. Commissioner Gary C. Wheeler
None
November 16, 2010 Page 6 of 7
12.
DEPARTMENTAL MATTERS
G.
H.
Office of Management and Budget
None
Recreation
None
•
I. Public Works
None
J. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS ITEMS
A. Commissioner Peter D. O'Bryan
1. Comprehensive Economic Development Strategy Committee
(CEDS)
(memorandum dated November 8, 2010)
PAGE
370-371
B. Commissioner Bob Solari
1. Letter to Governor
(memorandum dated November
10, 2010)
372
2 HB 697 Follow-up
(memorandum dated November
10, 2010)
373-377
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E. Flescher
None
E. Commissioner Gary C. Wheeler
None
November 16, 2010 Page 6 of 7
15. SPECIAL DISTRICTS AND BOARDS PAGE
A. Emergency Services District
None
B.
Solid Waste Disposal District
1. Bid Award for Solid Waste Operations and Maintenance
(RFB2011003)
(memorandum dated November 9, 2010)
378-467
C. Environmental Control Board
None
16. ADJOURNMENT
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.
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.
November 16, 2010
Page7of 7
15. SPECIAL DISTRICTS AND BOARDS PAGE
A. Emergency Services District
None
B.
Solid Waste Disposal District
1. Bid Award for Solid Waste Operations and Maintenance
(RFB2011003)
(memorandum dated November 9, 2010)
378-467
C. Environmental Control Board
None
16. ADJOURNMENT
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.
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.
November 16, 2010
Page7of 7
15. SPECIAL DISTRICTS AND BOARDS PAGE
A. Emergency Services District
None
B.
Solid Waste Disposal District
1. Bid Award for Solid Waste Operations and Maintenance
(RFB2011003)
(memorandum dated November 9, 2010)
378-467
C. Environmental Control Board
None
16. ADJOURNMENT
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.
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.
November 16, 2010
Page7of 7
JEFFREY K BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 16, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
OATH OF OFFICE BOARD OF COUNTY COMMISSION 2
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN 2
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN 3
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 4
Addition:
Addition:
Addition:
November 16, 2010
Item 11.A.2. Update by County Administrator Joseph A. Baird on Items
for Presentation at Upcoming Legislative Delegation Session of
December 3, 2010 4
Item 14.A.2. Discussion by Commissioner O'Bryan Regarding
Escarpment at Disney's Vero Beach Resort 4
Item 14.C.1. Discussion by Commissioner Davis on Town of Indian
River Shores Water, Wastewater, and Reclaimed Water Service 4
1
JEFFREY K BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 16, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
OATH OF OFFICE BOARD OF COUNTY COMMISSION 2
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN 2
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN 3
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 4
Addition:
Addition:
Addition:
November 16, 2010
Item 11.A.2. Update by County Administrator Joseph A. Baird on Items
for Presentation at Upcoming Legislative Delegation Session of
December 3, 2010 4
Item 14.A.2. Discussion by Commissioner O'Bryan Regarding
Escarpment at Disney's Vero Beach Resort 4
Item 14.C.1. Discussion by Commissioner Davis on Town of Indian
River Shores Water, Wastewater, and Reclaimed Water Service 4
1
JEFFREY K BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 16, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
OATH OF OFFICE BOARD OF COUNTY COMMISSION 2
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN 2
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN 3
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 4
Addition:
Addition:
Addition:
November 16, 2010
Item 11.A.2. Update by County Administrator Joseph A. Baird on Items
for Presentation at Upcoming Legislative Delegation Session of
December 3, 2010 4
Item 14.A.2. Discussion by Commissioner O'Bryan Regarding
Escarpment at Disney's Vero Beach Resort 4
Item 14.C.1. Discussion by Commissioner Davis on Town of Indian
River Shores Water, Wastewater, and Reclaimed Water Service 4
1
Move: Item 10.B.3. Todd Westover, Division Manager, Treasure Coast
Refuse/Republic Services to be heard under Solid Waste Disposal
Distnct Item 15.B.2. 4
5. PROCLAMATIONS AND PRESENTATIONS 4
5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 21 THROUGH
NOVEMBER 27, 2010 AS CHRISTIAN HERITAGE WEEK IN INDIAN RIVER COUNTY 4
5.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 12TH THROUGH
NOVEMBER 18TH, 2010 AS NATIONAL COMMUNITY FOUNDATION WEEK 5
6. APPROVAL OF MINUTES 5
6.A. PRELIMINARY BUDGET HEARING SEPTEMBER 8, 2010 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION -NONE 6
8. CONSENT AGENDA 6
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 29, 2010 TO NOVEMBER 4,
2010 6
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND 6
8.C. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS IN ACCORDANCE WITH 318.18 (13) FLORIDA STATUTES 7
8.D. OPEB TRUST REPORT FOR THE PERIOD 10/1/09 THROUGH 09/30/10 7
8.E. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 09/30/2010 7
8.F. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FLORIDA
DIVISION OF FORESTRY, ANNUAL FIRE CONTROL REPORT 8
8.G. SR 60 FROM 66TH AVENUE TO 84TH AVENUE CONFLICT RESOLUTION WITH
FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS, FINAL
PAY TO RANGER CONSTRUCTION INDUSTRIES TO RAISE VALVES, AND ARV
MANHOLE TOPS, UCP # 3026 8
8.11. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL 8
2
November 16, 2010
Move: Item 10.B.3. Todd Westover, Division Manager, Treasure Coast
Refuse/Republic Services to be heard under Solid Waste Disposal
Distnct Item 15.B.2. 4
5. PROCLAMATIONS AND PRESENTATIONS 4
5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 21 THROUGH
NOVEMBER 27, 2010 AS CHRISTIAN HERITAGE WEEK IN INDIAN RIVER COUNTY 4
5.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 12TH THROUGH
NOVEMBER 18TH, 2010 AS NATIONAL COMMUNITY FOUNDATION WEEK 5
6. APPROVAL OF MINUTES 5
6.A. PRELIMINARY BUDGET HEARING SEPTEMBER 8, 2010 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION -NONE 6
8. CONSENT AGENDA 6
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 29, 2010 TO NOVEMBER 4,
2010 6
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND 6
8.C. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS IN ACCORDANCE WITH 318.18 (13) FLORIDA STATUTES 7
8.D. OPEB TRUST REPORT FOR THE PERIOD 10/1/09 THROUGH 09/30/10 7
8.E. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 09/30/2010 7
8.F. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FLORIDA
DIVISION OF FORESTRY, ANNUAL FIRE CONTROL REPORT 8
8.G. SR 60 FROM 66TH AVENUE TO 84TH AVENUE CONFLICT RESOLUTION WITH
FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS, FINAL
PAY TO RANGER CONSTRUCTION INDUSTRIES TO RAISE VALVES, AND ARV
MANHOLE TOPS, UCP # 3026 8
8.11. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL 8
2
November 16, 2010
Move: Item 10.B.3. Todd Westover, Division Manager, Treasure Coast
Refuse/Republic Services to be heard under Solid Waste Disposal
Distnct Item 15.B.2. 4
5. PROCLAMATIONS AND PRESENTATIONS 4
5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 21 THROUGH
NOVEMBER 27, 2010 AS CHRISTIAN HERITAGE WEEK IN INDIAN RIVER COUNTY 4
5.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 12TH THROUGH
NOVEMBER 18TH, 2010 AS NATIONAL COMMUNITY FOUNDATION WEEK 5
6. APPROVAL OF MINUTES 5
6.A. PRELIMINARY BUDGET HEARING SEPTEMBER 8, 2010 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION -NONE 6
8. CONSENT AGENDA 6
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 29, 2010 TO NOVEMBER 4,
2010 6
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND 6
8.C. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS IN ACCORDANCE WITH 318.18 (13) FLORIDA STATUTES 7
8.D. OPEB TRUST REPORT FOR THE PERIOD 10/1/09 THROUGH 09/30/10 7
8.E. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 09/30/2010 7
8.F. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FLORIDA
DIVISION OF FORESTRY, ANNUAL FIRE CONTROL REPORT 8
8.G. SR 60 FROM 66TH AVENUE TO 84TH AVENUE CONFLICT RESOLUTION WITH
FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS, FINAL
PAY TO RANGER CONSTRUCTION INDUSTRIES TO RAISE VALVES, AND ARV
MANHOLE TOPS, UCP # 3026 8
8.11. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL 8
2
November 16, 2010
8.I. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION FOR
LANDSCAPE MAINTENANCE, SR60 BETWEEN 66TH AVENUE AND 58TH AVENUE,
FDOT PROJECT FM # 424638-1-52-01 9
83. PROFESSIONAL CIVIL ENGINEERING SERVICES WITH MBV ENGINEERING, INC.
QUAIL CREEK SUBDIVISION - AMENDMENT NO. 1 10
8.K. WORK ORDER NO. 19 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512 BRIDGE
OVER THE SOUTH PRONG OF THE SEBASTIAN RIVER, RELEASE OF RETAINAGE
IRC PROJECT #9611 10
8.L. WORK ORDER NO. 20 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR 20TH AVENUE
BRIDGE OVER THE I.R.F.W.C.D. MAIN RELIEF CANAL RELEASE OF RETAINAGE 11
8.M. WORK ORDER No. 21 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512 BRIDGE
OVER FELLSMERE WATER CONTROL DISTRICT (F.W.C.D.) PARK LATERAL
CANAL RELEASE OF RETAINAGE 11
8.N. WORK ORDER NO. 22 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512 BRIDGE
OVER FELLSMERE WATER CONTROL DISTRICT (F.W.C.D.) LATERAL "U"
CANAL RELEASE OF RETAINAGE 12
8.0. SECTOR 3 BEACH RESTORATION PROJECT, CHANGE ORDER #3, PRE -PURCHASE
FOR REMAINING PROJECT SAND REQUIREMENTS, RANGER CONSTRUCTION
INDUSTRIES, INC. 12
8.P. APPROVAL OF WORK ORDER NO. L-1 WITH G. K. ENVIRONMENTAL, INC. AND
PERMISSION TO ISSUE PURCHASE ORDERS FOR EGRET MARSH REGIONAL
STORMWATER PARK PUNCH LIST ITEMS 13
8.Q. REQUEST TO APPROVE A ONE-YEAR CONTRACT EXTENSION WITH THE
CONSERVATION FUND FOR PROFESSIONAL SERVICES RELATING TO THE
COUNTY ENVIRONMENTAL LANDS PROGRAM 13
8.R. GRAVES BROTHERS DRAINAGE AGREEMENT - CR 510 AND OLD DIXIE
HIGHWAY 14
8.S. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT (4TH TO 16TH STREET), 850
66TH AVENUE, PARCEL I.D. # 33-39-08-00001-0130-00001.1, PROJECT PARCEL
3
November 16, 2010
8.I. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION FOR
LANDSCAPE MAINTENANCE, SR60 BETWEEN 66TH AVENUE AND 58TH AVENUE,
FDOT PROJECT FM # 424638-1-52-01 9
83. PROFESSIONAL CIVIL ENGINEERING SERVICES WITH MBV ENGINEERING, INC.
QUAIL CREEK SUBDIVISION - AMENDMENT NO. 1 10
8.K. WORK ORDER NO. 19 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512 BRIDGE
OVER THE SOUTH PRONG OF THE SEBASTIAN RIVER, RELEASE OF RETAINAGE
IRC PROJECT #9611 10
8.L. WORK ORDER NO. 20 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR 20TH AVENUE
BRIDGE OVER THE I.R.F.W.C.D. MAIN RELIEF CANAL RELEASE OF RETAINAGE 11
8.M. WORK ORDER No. 21 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512 BRIDGE
OVER FELLSMERE WATER CONTROL DISTRICT (F.W.C.D.) PARK LATERAL
CANAL RELEASE OF RETAINAGE 11
8.N. WORK ORDER NO. 22 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512 BRIDGE
OVER FELLSMERE WATER CONTROL DISTRICT (F.W.C.D.) LATERAL "U"
CANAL RELEASE OF RETAINAGE 12
8.0. SECTOR 3 BEACH RESTORATION PROJECT, CHANGE ORDER #3, PRE -PURCHASE
FOR REMAINING PROJECT SAND REQUIREMENTS, RANGER CONSTRUCTION
INDUSTRIES, INC. 12
8.P. APPROVAL OF WORK ORDER NO. L-1 WITH G. K. ENVIRONMENTAL, INC. AND
PERMISSION TO ISSUE PURCHASE ORDERS FOR EGRET MARSH REGIONAL
STORMWATER PARK PUNCH LIST ITEMS 13
8.Q. REQUEST TO APPROVE A ONE-YEAR CONTRACT EXTENSION WITH THE
CONSERVATION FUND FOR PROFESSIONAL SERVICES RELATING TO THE
COUNTY ENVIRONMENTAL LANDS PROGRAM 13
8.R. GRAVES BROTHERS DRAINAGE AGREEMENT - CR 510 AND OLD DIXIE
HIGHWAY 14
8.S. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT (4TH TO 16TH STREET), 850
66TH AVENUE, PARCEL I.D. # 33-39-08-00001-0130-00001.1, PROJECT PARCEL
3
November 16, 2010
8.I. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION FOR
LANDSCAPE MAINTENANCE, SR60 BETWEEN 66TH AVENUE AND 58TH AVENUE,
FDOT PROJECT FM # 424638-1-52-01 9
83. PROFESSIONAL CIVIL ENGINEERING SERVICES WITH MBV ENGINEERING, INC.
QUAIL CREEK SUBDIVISION - AMENDMENT NO. 1 10
8.K. WORK ORDER NO. 19 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512 BRIDGE
OVER THE SOUTH PRONG OF THE SEBASTIAN RIVER, RELEASE OF RETAINAGE
IRC PROJECT #9611 10
8.L. WORK ORDER NO. 20 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR 20TH AVENUE
BRIDGE OVER THE I.R.F.W.C.D. MAIN RELIEF CANAL RELEASE OF RETAINAGE 11
8.M. WORK ORDER No. 21 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512 BRIDGE
OVER FELLSMERE WATER CONTROL DISTRICT (F.W.C.D.) PARK LATERAL
CANAL RELEASE OF RETAINAGE 11
8.N. WORK ORDER NO. 22 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512 BRIDGE
OVER FELLSMERE WATER CONTROL DISTRICT (F.W.C.D.) LATERAL "U"
CANAL RELEASE OF RETAINAGE 12
8.0. SECTOR 3 BEACH RESTORATION PROJECT, CHANGE ORDER #3, PRE -PURCHASE
FOR REMAINING PROJECT SAND REQUIREMENTS, RANGER CONSTRUCTION
INDUSTRIES, INC. 12
8.P. APPROVAL OF WORK ORDER NO. L-1 WITH G. K. ENVIRONMENTAL, INC. AND
PERMISSION TO ISSUE PURCHASE ORDERS FOR EGRET MARSH REGIONAL
STORMWATER PARK PUNCH LIST ITEMS 13
8.Q. REQUEST TO APPROVE A ONE-YEAR CONTRACT EXTENSION WITH THE
CONSERVATION FUND FOR PROFESSIONAL SERVICES RELATING TO THE
COUNTY ENVIRONMENTAL LANDS PROGRAM 13
8.R. GRAVES BROTHERS DRAINAGE AGREEMENT - CR 510 AND OLD DIXIE
HIGHWAY 14
8.S. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT (4TH TO 16TH STREET), 850
66TH AVENUE, PARCEL I.D. # 33-39-08-00001-0130-00001.1, PROJECT PARCEL
3
November 16, 2010
#20 AND TEMPORARY CONSTRUCTION EASEMENT PARCEL #27, OWNER: DAVID
L AND BARBARA A. HEFFLEBOWER 14
8.T. ANNUAL RESOLUTION RE SIGNATORIES AND DELEGATION OF AUTHORITY
CONCERNING DECLARATIONS OF STATE OF LOCAL EMERGENCIES AND TO ACT
IN A STATE DECLARED EMERGENCY AFFECTING INDIAN RIVER COUNTY 15
8.U. RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY THE INDIAN
RIVER COUNTY HOUSING AUTHORITY FOR PUBLIC PURPOSES 15
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 21
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF 21
APPROVAL TO AMEND FISCAL YEAR 2010-2011 OPERATING BUDGET 21
10.A. PUBLIC HEARINGS 22
10.A.1. PALEMA TROTTING, INC.'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL
FOR A RESIDENTIAL MIGRANT HOUSING FACILITY (SEASONAL WORKER
HOUSING) (QUASI-JUDICIAL) 22
10.B. PUBLIC DISCUSSION ITEMS 25
10.B.1. REQUEST TO SPEAK FROM ROBERT T. WOOD REGARDING LANDLORDS AND
RENTERS 25
10.8.2. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER BRIAN
HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS REGARDING CITY OF
VERO BEACH ELECTRIC UTILITY 26
10.B.3. REQUEST TO SPEAK FROM TODD WESTOVER, DIVISION MANAGER, TREASURE
COAST REFUSE / REPUBLIC SERVICES 27
10.C. PUBLIC NOTICE ITEMS -NONE 27
11. COUNTY ADMINISTRATOR MATTERS 27
11.A.1. MEETINGS OF THE BOARD OF COUNTY COMMISSION, PROPOSED - 2011
MEETING DATES 27
ADDITION. 11.A. 2. UPCOMING LEGISLATIVE SESSION: UPDATE OF ISSUES TO
BE PRESENTED 28
12. DEPARTMENTAL MATTERS 29
12.A. COMMUNITY DEVELOPMENT 29
4
November 16, 2010
#20 AND TEMPORARY CONSTRUCTION EASEMENT PARCEL #27, OWNER: DAVID
L AND BARBARA A. HEFFLEBOWER 14
8.T. ANNUAL RESOLUTION RE SIGNATORIES AND DELEGATION OF AUTHORITY
CONCERNING DECLARATIONS OF STATE OF LOCAL EMERGENCIES AND TO ACT
IN A STATE DECLARED EMERGENCY AFFECTING INDIAN RIVER COUNTY 15
8.U. RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY THE INDIAN
RIVER COUNTY HOUSING AUTHORITY FOR PUBLIC PURPOSES 15
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 21
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF 21
APPROVAL TO AMEND FISCAL YEAR 2010-2011 OPERATING BUDGET 21
10.A. PUBLIC HEARINGS 22
10.A.1. PALEMA TROTTING, INC.'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL
FOR A RESIDENTIAL MIGRANT HOUSING FACILITY (SEASONAL WORKER
HOUSING) (QUASI-JUDICIAL) 22
10.B. PUBLIC DISCUSSION ITEMS 25
10.B.1. REQUEST TO SPEAK FROM ROBERT T. WOOD REGARDING LANDLORDS AND
RENTERS 25
10.8.2. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER BRIAN
HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS REGARDING CITY OF
VERO BEACH ELECTRIC UTILITY 26
10.B.3. REQUEST TO SPEAK FROM TODD WESTOVER, DIVISION MANAGER, TREASURE
COAST REFUSE / REPUBLIC SERVICES 27
10.C. PUBLIC NOTICE ITEMS -NONE 27
11. COUNTY ADMINISTRATOR MATTERS 27
11.A.1. MEETINGS OF THE BOARD OF COUNTY COMMISSION, PROPOSED - 2011
MEETING DATES 27
ADDITION. 11.A. 2. UPCOMING LEGISLATIVE SESSION: UPDATE OF ISSUES TO
BE PRESENTED 28
12. DEPARTMENTAL MATTERS 29
12.A. COMMUNITY DEVELOPMENT 29
4
November 16, 2010
#20 AND TEMPORARY CONSTRUCTION EASEMENT PARCEL #27, OWNER: DAVID
L AND BARBARA A. HEFFLEBOWER 14
8.T. ANNUAL RESOLUTION RE SIGNATORIES AND DELEGATION OF AUTHORITY
CONCERNING DECLARATIONS OF STATE OF LOCAL EMERGENCIES AND TO ACT
IN A STATE DECLARED EMERGENCY AFFECTING INDIAN RIVER COUNTY 15
8.U. RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY THE INDIAN
RIVER COUNTY HOUSING AUTHORITY FOR PUBLIC PURPOSES 15
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 21
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF 21
APPROVAL TO AMEND FISCAL YEAR 2010-2011 OPERATING BUDGET 21
10.A. PUBLIC HEARINGS 22
10.A.1. PALEMA TROTTING, INC.'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL
FOR A RESIDENTIAL MIGRANT HOUSING FACILITY (SEASONAL WORKER
HOUSING) (QUASI-JUDICIAL) 22
10.B. PUBLIC DISCUSSION ITEMS 25
10.B.1. REQUEST TO SPEAK FROM ROBERT T. WOOD REGARDING LANDLORDS AND
RENTERS 25
10.8.2. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER BRIAN
HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS REGARDING CITY OF
VERO BEACH ELECTRIC UTILITY 26
10.B.3. REQUEST TO SPEAK FROM TODD WESTOVER, DIVISION MANAGER, TREASURE
COAST REFUSE / REPUBLIC SERVICES 27
10.C. PUBLIC NOTICE ITEMS -NONE 27
11. COUNTY ADMINISTRATOR MATTERS 27
11.A.1. MEETINGS OF THE BOARD OF COUNTY COMMISSION, PROPOSED - 2011
MEETING DATES 27
ADDITION. 11.A. 2. UPCOMING LEGISLATIVE SESSION: UPDATE OF ISSUES TO
BE PRESENTED 28
12. DEPARTMENTAL MATTERS 29
12.A. COMMUNITY DEVELOPMENT 29
4
November 16, 2010
12.A.1. CONDEMNATION, DEMOLITION, AND REMOVAL OF UNSAFE STRUCTURES 29
12.A.2. REQUEST TO AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ASSISTANCE PLAN 32
12.B. EMERGENCY SERVICES -NONE 36
12.C. GENERAL SERVICES -NONE 36
12.D. HUMAN RESOURCES -NONE 36
12.E. HUMAN SERVICES -NONE 36
12.F. LEISURE SERVICES -NONE 37
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 37
12.H. RECREATION -NONE 37
12.I. PUBLIC WORKS -NONE 37
12.J. UTILITIES SERVICES -NONE 37
13. COUNTY ATTORNEY MATTERS -NONE 37
14. COMMISSIONER ITEMS 37
14.A. COMMISSIONER PETER D. O'BRYAN 37
14.A.1. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE (CEDS) 37
ADDITION: 14.A.2. ESCARPMENT LOCATED AT DISNEY'S VERO BEACH
RESORT 37
14.B. COMMISSIONER BOB SOLARI 38
14.B.1. LETTER TO GOVERNOR 38
14.B.2. HB 697 FOLLOW-UP 39
14.C. COMMISSIONER WESLEY S. DAVIS 40
14.C.1. TOWN OF INDIAN RIVER SHORES - WATER, WASTEWATER AND RECLAIMED
WATER 40
14.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 41
14.E. COMMISSIONER GARY C. WHEELER -NONE 41
15. SPECIAL DISTRICTS AND BOARDS 41
15.A. EMERGENCY SERVICES DISTRICT -NONE 41
15.B. SOLID WASTE DISPOSAL DISTRICT 41
5
November 16, 2010
12.A.1. CONDEMNATION, DEMOLITION, AND REMOVAL OF UNSAFE STRUCTURES 29
12.A.2. REQUEST TO AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ASSISTANCE PLAN 32
12.B. EMERGENCY SERVICES -NONE 36
12.C. GENERAL SERVICES -NONE 36
12.D. HUMAN RESOURCES -NONE 36
12.E. HUMAN SERVICES -NONE 36
12.F. LEISURE SERVICES -NONE 37
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 37
12.H. RECREATION -NONE 37
12.I. PUBLIC WORKS -NONE 37
12.J. UTILITIES SERVICES -NONE 37
13. COUNTY ATTORNEY MATTERS -NONE 37
14. COMMISSIONER ITEMS 37
14.A. COMMISSIONER PETER D. O'BRYAN 37
14.A.1. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE (CEDS) 37
ADDITION: 14.A.2. ESCARPMENT LOCATED AT DISNEY'S VERO BEACH
RESORT 37
14.B. COMMISSIONER BOB SOLARI 38
14.B.1. LETTER TO GOVERNOR 38
14.B.2. HB 697 FOLLOW-UP 39
14.C. COMMISSIONER WESLEY S. DAVIS 40
14.C.1. TOWN OF INDIAN RIVER SHORES - WATER, WASTEWATER AND RECLAIMED
WATER 40
14.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 41
14.E. COMMISSIONER GARY C. WHEELER -NONE 41
15. SPECIAL DISTRICTS AND BOARDS 41
15.A. EMERGENCY SERVICES DISTRICT -NONE 41
15.B. SOLID WASTE DISPOSAL DISTRICT 41
5
November 16, 2010
12.A.1. CONDEMNATION, DEMOLITION, AND REMOVAL OF UNSAFE STRUCTURES 29
12.A.2. REQUEST TO AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ASSISTANCE PLAN 32
12.B. EMERGENCY SERVICES -NONE 36
12.C. GENERAL SERVICES -NONE 36
12.D. HUMAN RESOURCES -NONE 36
12.E. HUMAN SERVICES -NONE 36
12.F. LEISURE SERVICES -NONE 37
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 37
12.H. RECREATION -NONE 37
12.I. PUBLIC WORKS -NONE 37
12.J. UTILITIES SERVICES -NONE 37
13. COUNTY ATTORNEY MATTERS -NONE 37
14. COMMISSIONER ITEMS 37
14.A. COMMISSIONER PETER D. O'BRYAN 37
14.A.1. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE (CEDS) 37
ADDITION: 14.A.2. ESCARPMENT LOCATED AT DISNEY'S VERO BEACH
RESORT 37
14.B. COMMISSIONER BOB SOLARI 38
14.B.1. LETTER TO GOVERNOR 38
14.B.2. HB 697 FOLLOW-UP 39
14.C. COMMISSIONER WESLEY S. DAVIS 40
14.C.1. TOWN OF INDIAN RIVER SHORES - WATER, WASTEWATER AND RECLAIMED
WATER 40
14.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 41
14.E. COMMISSIONER GARY C. WHEELER -NONE 41
15. SPECIAL DISTRICTS AND BOARDS 41
15.A. EMERGENCY SERVICES DISTRICT -NONE 41
15.B. SOLID WASTE DISPOSAL DISTRICT 41
5
November 16, 2010
15.B.1. BID AWARD FOR SOLID WASTE OPERATIONS AND MAINTENANCE
(RFB2011003) 42
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 42
16. ADJOURNMENT 42
6
November 16, 2010
15.B.1. BID AWARD FOR SOLID WASTE OPERATIONS AND MAINTENANCE
(RFB2011003) 42
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 42
16. ADJOURNMENT 42
6
November 16, 2010
15.B.1. BID AWARD FOR SOLID WASTE OPERATIONS AND MAINTENANCE
(RFB2011003) 42
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 42
16. ADJOURNMENT 42
6
November 16, 2010
JEFFREY K. BARTON
Clerk to the Board
November 16, 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, November 16, 2010. Present were Commissioners Peter D. O'Bryan, Bob Solari,
Wesley S. Davis, Joseph E Flescher, and Gary C. Wheeler. Also present were County
Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk
Maureen Gelfo.
1. CALL TO ORDER
Commissioner O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court, delivered the Invocation.
1
November 16, 2010
JEFFREY K. BARTON
Clerk to the Board
November 16, 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, November 16, 2010. Present were Commissioners Peter D. O'Bryan, Bob Solari,
Wesley S. Davis, Joseph E Flescher, and Gary C. Wheeler. Also present were County
Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk
Maureen Gelfo.
1. CALL TO ORDER
Commissioner O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court, delivered the Invocation.
1
November 16, 2010
JEFFREY K. BARTON
Clerk to the Board
November 16, 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, November 16, 2010. Present were Commissioners Peter D. O'Bryan, Bob Solari,
Wesley S. Davis, Joseph E Flescher, and Gary C. Wheeler. Also present were County
Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk
Maureen Gelfo.
1. CALL TO ORDER
Commissioner O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court, delivered the Invocation.
1
November 16, 2010
3. PLEDGE OF ALLEGIANCE
Commissioner O'Bryan led the Pledge of Allegiance to the Flag.
OATH OF OFFICE BOARD OF COUNTY COMMISSION
Honorable Judge David C. Morgan, Indian River County
Indian River County Court Judge David C. Morgan administered the Oath of Office to re-
elected Commissioners Peter D. O'Bryan and Joseph E Flescher.
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
Commissioner O'Bryan invited County Attorney Alan S. Polackwich, Sr. to conduct the
election of Chairman of the Board of County Commissioners.
Attorney Polackwich opened the floor to nominations for Chairman.
Vice Chairman Wheeler nominated Commissioner Bob Solari for Chairman.
There being no other nominations, Attorney Polackwich called for a Motion to close the
nominations.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner O'Bryan, to close the
nominations.
2
November 16, 2010
3. PLEDGE OF ALLEGIANCE
Commissioner O'Bryan led the Pledge of Allegiance to the Flag.
OATH OF OFFICE BOARD OF COUNTY COMMISSION
Honorable Judge David C. Morgan, Indian River County
Indian River County Court Judge David C. Morgan administered the Oath of Office to re-
elected Commissioners Peter D. O'Bryan and Joseph E Flescher.
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
Commissioner O'Bryan invited County Attorney Alan S. Polackwich, Sr. to conduct the
election of Chairman of the Board of County Commissioners.
Attorney Polackwich opened the floor to nominations for Chairman.
Vice Chairman Wheeler nominated Commissioner Bob Solari for Chairman.
There being no other nominations, Attorney Polackwich called for a Motion to close the
nominations.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner O'Bryan, to close the
nominations.
2
November 16, 2010
3. PLEDGE OF ALLEGIANCE
Commissioner O'Bryan led the Pledge of Allegiance to the Flag.
OATH OF OFFICE BOARD OF COUNTY COMMISSION
Honorable Judge David C. Morgan, Indian River County
Indian River County Court Judge David C. Morgan administered the Oath of Office to re-
elected Commissioners Peter D. O'Bryan and Joseph E Flescher.
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
Commissioner O'Bryan invited County Attorney Alan S. Polackwich, Sr. to conduct the
election of Chairman of the Board of County Commissioners.
Attorney Polackwich opened the floor to nominations for Chairman.
Commissioner Wheeler nominated Commissioner Bob Solari for Chairman.
There being no other nominations, Attorney Polackwich called for a Motion to close the
nominations.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner O'Bryan, to close the
nominations.
2
November 16, 2010
Attorney Polackwich CALLED THE QUESTION, and the
Motion carried unanimously. The Board closed the
nominations, electing Commissioner Bob Solari as
Chairman of the Board of County Commissioners for the
year 2011.
Attorney Polackwich passed the gavel to the new Chairman, Bob Solari.
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN
Chairman Solari thanked outgoing Chairman, Commissioner O'Bryan, and 2009
Chairman, Commissioner Davis, for demonstrating good leadership. He announced that he
would continue the policy of maintaining an open government and citizen input.
Chairman Solari opened the floor to nominations for Vice Chairman.
Commissioner O'Bryan nominated Commissioner Gary C. Wheeler for Vice Chairman.
There being no other nominations, Attorney Polackwich called for a Motion to close the
nominations.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Davis, to close the
nominations.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board closed the
nominations, electing Commissioner Gary Wheeler as
Vice Chairman of the Board of County Commissioners for
the year 2011.
3
November 16, 2010
Attorney Polackwich CALLED THE QUESTION, and the
Motion carried unanimously. The Board closed the
nominations, electing Commissioner Bob Solari as
Chairman of the Board of County Commissioners for the
year 2011.
Attorney Polackwich passed the gavel to the new Chairman, Bob Solari.
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN
Chairman Solari thanked outgoing Chairman, Commissioner O'Bryan, and 2009
Chairman, Commissioner Davis, for demonstrating good leadership. He announced that he
would continue the policy of maintaining an open government and citizen input.
Chairman Solari opened the floor to nominations for Vice Chairman.
Commissioner O'Bryan nominated Commissioner Gary C. Wheeler for Vice Chairman.
There being no other nominations, Attorney Polackwich called for a Motion to close the
nominations.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Davis, to close the
nominations.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board closed the
nominations, electing Commissioner Gary Wheeler as
Vice Chairman of the Board of County Commissioners for
the year 2011.
3
November 16, 2010
Attorney Polackwich CALLED THE QUESTION, and the
Motion carried unanimously. The Board closed the
nominations, electing Commissioner Bob Solari as
Chairman of the Board of County Commissioners for the
year 2011.
Attorney Polackwich passed the gavel to the new Chairman, Bob Solari.
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN
Chairman Solari thanked outgoing Chairman, Commissioner O'Bryan, and 2009
Chairman, Commissioner Davis, for demonstrating good leadership. He announced that he
would continue the policy of maintaining an open government and citizen input.
Chairman Solari opened the floor to nominations for Vice Chairman.
Commissioner O'Bryan nominated Commissioner Gary C. Wheeler for Vice Chairman.
There being no other nominations, Attorney Polackwich called for a Motion to close the
nominations.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Davis, to close the
nominations.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board closed the
nominations, electing Commissioner Gary Wheeler as
Vice Chairman of the Board of County Commissioners for
the year 2011.
3
November 16, 2010
Vice Chairman Wheeler echoed the sentiments of Chairman Solari regarding the
excellent chairmanship of the two previous Chairmen - Commissioners O'Bryan and Davis.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Solari requested the following changes to today's Agenda:
ADDITION: ITEM 11.A. 2. UPDATE BY COUNTY ADMINISTRATOR JOSEPH A. BAIRD ON
ITEMS FOR PRESENTATION AT UPCOMING LEGISLATIVE DELEGATION SESSION OF
DECEMBER 3, 2010
ADDITION: ITEM 14.A.2. DISCUSSION BY COMMISSIONER O'BRYAN REGARDING
ESCARPMENT AT DISNEY'S VERO BEACH RESORT
ADDITION: ITEM 14. C.1. DISCUSSION BY COMMISSIONER DAVIS ON TOWN OF INDIAN
RIVER SHORES WATER, WASTEWATER, AND RECLAIMED WATER SERVICE
MOVE: ITEM 10. B. 3. TODD WESTOVER, DIVISION MANAGER, TREASURE COAST
REFUSE/REPUBLIC SERVICES TO BE HEARD UNDER SOLID WASTE DISPOSAL DISTRICT
ITEM 15.B.2.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 21
THROUGH NOVEMBER 27, 2010 AS CHRISTIAN HERITAGE WEEK IN
INDIAN RIVER COUNTY
4
November 16, 2010
Vice Chairman Wheeler echoed the sentiments of Chairman Solari regarding the
excellent chairmanship of the two previous Chairmen - Commissioners O'Bryan and Davis.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Solari requested the following changes to today's Agenda:
ADDITION: ITEM 11.A. 2. UPDATE BY COUNTY ADMINISTRATOR JOSEPH A. BAIRD ON
ITEMS FOR PRESENTATION AT UPCOMING LEGISLATIVE DELEGATION SESSION OF
DECEMBER 3, 2010
ADDITION: ITEM 14.A.2. DISCUSSION BY COMMISSIONER O'BRYAN REGARDING
ESCARPMENT AT DISNEY'S VERO BEACH RESORT
ADDITION: ITEM 14. C.1. DISCUSSION BY COMMISSIONER DAVIS ON TOWN OF INDIAN
RIVER SHORES WATER, WASTEWATER, AND RECLAIMED WATER SERVICE
MOVE: ITEM 10. B. 3. TODD WESTOVER, DIVISION MANAGER, TREASURE COAST
REFUSE/REPUBLIC SERVICES TO BE HEARD UNDER SOLID WASTE DISPOSAL DISTRICT
ITEM 15.B.2.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 21
THROUGH NOVEMBER 27, 2010 AS CHRISTIAN HERITAGE WEEK IN
INDIAN RIVER COUNTY
4
November 16, 2010
Vice Chairman Wheeler echoed the sentiments of Chairman Solari regarding the
excellent chairmanship of the two previous Chairmen - Commissioners O'Bryan and Davis.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Solari requested the following changes to today's Agenda:
ADDITION: ITEM 11.A. 2. UPDATE BY COUNTY ADMINISTRATOR JOSEPH A. BAIRD ON
ITEMS FOR PRESENTATION AT UPCOMING LEGISLATIVE DELEGATION SESSION OF
DECEMBER 3, 2010
ADDITION: ITEM 14.A.2. DISCUSSION BY COMMISSIONER O'BRYAN REGARDING
ESCARPMENT AT DISNEY'S VERO BEACH RESORT
ADDITION: ITEM 14. C.1. DISCUSSION BY COMMISSIONER DAVIS ON TOWN OF INDIAN
RIVER SHORES WATER, WASTEWATER, AND RECLAIMED WATER SERVICE
MOVE: ITEM 10. B. 3. TODD WESTOVER, DIVISION MANAGER, TREASURE COAST
REFUSE/REPUBLIC SERVICES TO BE HEARD UNDER SOLID WASTE DISPOSAL DISTRICT
ITEM 15.B.2.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 21
THROUGH NOVEMBER 27, 2010 AS CHRISTIAN HERITAGE WEEK IN
INDIAN RIVER COUNTY
4
November 16, 2010
Commissioner Davis read and presented the Proclamation to Dr. Craig McGarvey,
President of the American Family Association. Dr. McGarvey presented to the Commissioners a
pocket edition of the Declaration of Independence and the Constitution, and thanked them for
their service to the community and their support for Christian Heritage Week.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 12TH
THROUGH NOVEMBER 18TH, 2010 AS NATIONAL COMMUNITY
FOUNDATION WEEK
Commissioner Flescher read and presented the Proclamation to Rick McDermott and
Kerry Bartlett of the Indian River Community Foundation. Mr. McDermott revealed that the
Foundation facilitates philanthropic activity, and that additional information is available at
ircommunityfoundation.com.
6. APPROVAL OF MINUTES
6.A. PRELIMINARY BUDGET HEARING SEPTEMBER 8, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Preliminary Budget Hearing of September 8, 2010. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Wheeler, the Board unanimously
approved the Minutes of the Preliminary Budget Hearing
of September 8, 2010, as written.
5
November 16, 2010
Commissioner Davis read and presented the Proclamation to Dr. Craig McGarvey,
President of the American Family Association. Dr. McGarvey presented to the Commissioners a
pocket edition of the Declaration of Independence and the Constitution, and thanked them for
their service to the community and their support for Christian Heritage Week.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 12TH
THROUGH NOVEMBER 18TH, 2010 AS NATIONAL COMMUNITY
FOUNDATION WEEK
Commissioner Flescher read and presented the Proclamation to Rick McDermott and
Kerry Bartlett of the Indian River Community Foundation. Mr. McDermott revealed that the
Foundation facilitates philanthropic activity, and that additional information is available at
ircommunityfoundation.com.
6. APPROVAL OF MINUTES
6.A. PRELIMINARY BUDGET HEARING SEPTEMBER 8, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Preliminary Budget Hearing of September 8, 2010. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Wheeler, the Board unanimously
approved the Minutes of the Preliminary Budget Hearing
of September 8, 2010, as written.
5
November 16, 2010
Commissioner Davis read and presented the Proclamation to Dr. Craig McGarvey,
President of the American Family Association. Dr. McGarvey presented to the Commissioners a
pocket edition of the Declaration of Independence and the Constitution, and thanked them for
their service to the community and their support for Christian Heritage Week.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 12TH
THROUGH NOVEMBER 18TH, 2010 AS NATIONAL COMMUNITY
FOUNDATION WEEK
Commissioner Flescher read and presented the Proclamation to Rick McDermott and
Kerry Bartlett of the Indian River Community Foundation. Mr. McDermott revealed that the
Foundation facilitates philanthropic activity, and that additional information is available at
ircommunityfoundation.com.
6. APPROVAL OF MINUTES
6.A. PRELIMINARY BUDGET HEARING SEPTEMBER 8, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Preliminary Budget Hearing of September 8, 2010. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Wheeler, the Board unanimously
approved the Minutes of the Preliminary Budget Hearing
of September 8, 2010, as written.
5
November 16, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION -NONE
8. CONSENT AGENDA
Chairman Solari requested Item 8.0. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 29, 2010 TO NOVEMBER
4.2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of October 29, 2010 to
November 4, 2010, as requested in the memorandum of
November 4, 2010.
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER
COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the "Statement of Revenues, Expenditures and Changes in
Fund Balances — Traffic Education Program", through the
6
November 16, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION -NONE
8. CONSENT AGENDA
Chairman Solari requested Item 8.0. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 29, 2010 TO NOVEMBER
4.2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of October 29, 2010 to
November 4, 2010, as requested in the memorandum of
November 4, 2010.
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER
COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the "Statement of Revenues, Expenditures and Changes in
Fund Balances — Traffic Education Program", through the
6
November 16, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION -NONE
8. CONSENT AGENDA
Chairman Solari requested Item 8.0. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 29, 2010 TO NOVEMBER
4.2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of October 29, 2010 to
November 4, 2010, as requested in the memorandum of
November 4, 2010.
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER
COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the "Statement of Revenues, Expenditures and Changes in
Fund Balances — Traffic Education Program", through the
6
November 16, 2010
period ending September 30, 2010, as recommended in the
memorandum of November 9, 2010.
8.C. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS IN ACCORDANCE WITH 318.18 (13) FLORIDA STATUTES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
for the quarter ending September 2010, the Quarterly
Summary Report for Assessment of Additional Court
Costs, as recommended in the memorandum of November
9, 2010.
8.D. OPEB TRUST REPORT FOR THE PERIOD 10/1/09 THROUGH 09/30/10
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the quarterly OPEB (Other Post Employment Benefits)
Trust Report for the period October 1, 2009 through
September 30, 2010, as recommended in the memorandum
of November 9, 2010.
8.E. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 09/30/2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Investment Advisory Committee Quarterly Report for
7
November 16, 2010
period ending September 30, 2010, as recommended in the
memorandum of November 9, 2010.
8.C. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS IN ACCORDANCE WITH 318.18 (13) FLORIDA STATUTES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
for the quarter ending September 2010, the Quarterly
Summary Report for Assessment of Additional Court
Costs, as recommended in the memorandum of November
9, 2010.
8.D. OPEB TRUST REPORT FOR THE PERIOD 10/1/09 THROUGH 09/30/10
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the quarterly OPEB (Other Post Employment Benefits)
Trust Report for the period October 1, 2009 through
September 30, 2010, as recommended in the memorandum
of November 9, 2010.
8.E. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 09/30/2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Investment Advisory Committee Quarterly Report for
7
November 16, 2010
period ending September 30, 2010, as recommended in the
memorandum of November 9, 2010.
8.C. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT
COSTS IN ACCORDANCE WITH 318.18 (13) FLORIDA STATUTES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
for the quarter ending September 2010, the Quarterly
Summary Report for Assessment of Additional Court
Costs, as recommended in the memorandum of November
9, 2010.
8.D. OPEB TRUST REPORT FOR THE PERIOD 10/1/09 THROUGH 09/30/10
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the quarterly OPEB (Other Post Employment Benefits)
Trust Report for the period October 1, 2009 through
September 30, 2010, as recommended in the memorandum
of November 9, 2010.
8.E. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 09/30/2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Investment Advisory Committee Quarterly Report for
7
November 16, 2010
the quarter ending September 30, 2010, as recommended
in the memorandum of November 9, 2010.
8.F. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,
FLORIDA DIVISION OF FORESTRY, ANNUAL FIRE CONTROL REPORT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Florida Division of Forestry 2009-2010 Annual
Wildfire Control Report as requested in the letter of
November 1, 2010.
8.G. SR 60 FROM 66TH AVENUE TO 84TH AVENUE CONFLICT RESOLUTION WITH
FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS,
FINAL PAY TO RANGER CONSTRUCTION INDUSTRIES TO RAISE VALVES,
AND ARV MANHOLE TOPS, UCP # 3026
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the total amount of $40,668.00 for the valves and tops
raised, and approved Final Invoice Number 796968 to
Ranger Construction Industries, Inc., in the total amount
of $40,668.00, as recommended in the memorandum of
November 1, 2010.
8.H. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
8
November 16, 2010
the quarter ending September 30, 2010, as recommended
in the memorandum of November 9, 2010.
8.F. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,
FLORIDA DIVISION OF FORESTRY, ANNUAL FIRE CONTROL REPORT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Florida Division of Forestry 2009-2010 Annual
Wildfire Control Report as requested in the letter of
November 1, 2010.
8.G. SR 60 FROM 66TH AVENUE TO 84TH AVENUE CONFLICT RESOLUTION WITH
FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS,
FINAL PAY TO RANGER CONSTRUCTION INDUSTRIES TO RAISE VALVES,
AND ARV MANHOLE TOPS, UCP # 3026
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the total amount of $40,668.00 for the valves and tops
raised, and approved Final Invoice Number 796968 to
Ranger Construction Industries, Inc., in the total amount
of $40,668.00, as recommended in the memorandum of
November 1, 2010.
8.H. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
8
November 16, 2010
the quarter ending September 30, 2010, as recommended
in the memorandum of November 9, 2010.
8.F. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,
FLORIDA DIVISION OF FORESTRY, ANNUAL FIRE CONTROL REPORT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Florida Division of Forestry 2009-2010 Annual
Wildfire Control Report as requested in the letter of
November 1, 2010.
8.G. SR 60 FROM 66TH AVENUE TO 84TH AVENUE CONFLICT RESOLUTION WITH
FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS,
FINAL PAY TO RANGER CONSTRUCTION INDUSTRIES TO RAISE VALVES,
AND ARV MANHOLE TOPS, UCP # 3026
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the total amount of $40,668.00 for the valves and tops
raised, and approved Final Invoice Number 796968 to
Ranger Construction Industries, Inc., in the total amount
of $40,668.00, as recommended in the memorandum of
November 1, 2010.
8.H. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
8
November 16, 2010
declared the items on the Excess Equipment List (see
pages 40-47 of the agenda packet) surplus and authorized
the sale and/or proper disposal of same; (2) authorized the
delivery of the excess equipment to the Indian River
County Fairgrounds to be sold at public auction at 10:00
a.m. on December 11, 2010; (3) approved the sample
agreement with Karlin Daniel & Associates, Inc.,
Auctioneers; and (4) authorized the County Administrator
to execute said Auction Agreement, as recommended in
the memorandum of November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION
FOR LANDSCAPE MAINTENANCE, SR6O BETWEEN 66" AVENUE AND 58TH
AVENUE, FDOT PROJECTFM # 424638-1-52-01
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-096, authorizing the execution of
District Four Landscape Maintenance Memorandum of
Agreement for SR60 from 66th Avenue (CR615) (MP
26.063) to 58th Avenue (Kings Highway) (MP 27.043) FM
#424638-1-52-01.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9
November 16, 2010
declared the items on the Excess Equipment List (see
pages 40-47 of the agenda packet) surplus and authorized
the sale and/or proper disposal of same; (2) authorized the
delivery of the excess equipment to the Indian River
County Fairgrounds to be sold at public auction at 10:00
a.m. on December 11, 2010; (3) approved the sample
agreement with Karlin Daniel & Associates, Inc.,
Auctioneers; and (4) authorized the County Administrator
to execute said Auction Agreement, as recommended in
the memorandum of November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION
FOR LANDSCAPE MAINTENANCE, SR6O BETWEEN 66" AVENUE AND 58TH
AVENUE, FDOT PROJECTFM # 424638-1-52-01
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-096, authorizing the execution of
District Four Landscape Maintenance Memorandum of
Agreement for SR60 from 66th Avenue (CR615) (MP
26.063) to 58th Avenue (Kings Highway) (MP 27.043) FM
#424638-1-52-01.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9
November 16, 2010
declared the items on the Excess Equipment List (see
pages 40-47 of the agenda packet) surplus and authorized
the sale and/or proper disposal of same; (2) authorized the
delivery of the excess equipment to the Indian River
County Fairgrounds to be sold at public auction at 10:00
a.m. on December 11, 2010; (3) approved the sample
agreement with Karlin Daniel & Associates, Inc.,
Auctioneers; and (4) authorized the County Administrator
to execute said Auction Agreement, as recommended in
the memorandum of November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION
FOR LANDSCAPE MAINTENANCE, SR6O BETWEEN 66" AVENUE AND 58TH
AVENUE, FDOT PROJECTFM # 424638-1-52-01
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-096, authorizing the execution of
District Four Landscape Maintenance Memorandum of
Agreement for SR60 from 66th Avenue (CR615) (MP
26.063) to 58th Avenue (Kings Highway) (MP 27.043) FM
#424638-1-52-01.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9
November 16, 2010
8.J. PROFESSIONAL CIVIL ENGINEERING SERVICES WITH MBV
ENGINEERING, INC. QUAIL CREEK SUBDIVISION- AMENDMENT NO. 1
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized Amendment No. 1 to the Professional Civil
Engineering Services Agreement with MBV Engineering,
Inc. for a lump sum amount of $3,800.00, as
recommended in the memorandum of November 4, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. WORK ORDER No. 19 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCL4TES, INC. FOR CR512
BRIDGE OVER THE SOUTH PRONG OF THE SEBASTIAN RIVER, RELEASE OF
RETAINAGE IRC PROJECT #9611
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-563/3 dated November 1, 2010, in the amount of
$196.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
10
November 16, 2010
8.J. PROFESSIONAL CIVIL ENGINEERING SERVICES WITH MBV
ENGINEERING, INC. QUAIL CREEK SUBDIVISION- AMENDMENT NO. 1
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized Amendment No. 1 to the Professional Civil
Engineering Services Agreement with MBV Engineering,
Inc. for a lump sum amount of $3,800.00, as
recommended in the memorandum of November 4, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. WORK ORDER No. 19 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCL4TES, INC. FOR CR512
BRIDGE OVER THE SOUTH PRONG OF THE SEBASTIAN RIVER, RELEASE OF
RETAINAGE IRC PROJECT #9611
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-563/3 dated November 1, 2010, in the amount of
$196.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
10
November 16, 2010
8.J. PROFESSIONAL CIVIL ENGINEERING SERVICES WITH MBV
ENGINEERING, INC. QUAIL CREEK SUBDIVISION- AMENDMENT NO. 1
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized Amendment No. 1 to the Professional Civil
Engineering Services Agreement with MBV Engineering,
Inc. for a lump sum amount of $3,800.00, as
recommended in the memorandum of November 4, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. WORK ORDER No. 19 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCL4TES, INC. FOR CR512
BRIDGE OVER THE SOUTH PRONG OF THE SEBASTIAN RIVER, RELEASE OF
RETAINAGE IRC PROJECT #9611
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-563/3 dated November 1, 2010, in the amount of
$196.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
10
November 16, 2010
B.L. Won ORDER No. 20 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR 20TH AVENUE
BRIDGE OVER THE LR.F. W. C.D. MAIN RELIEF CANAL RELEASE OF
RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-564/3 dated November 1, 2010, in the amount of
$155.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
8.M. WORK ORDER No. 21 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512
BRIDGE OVER FELLSMERE WATER CONTROL DISTRICT (F. W. C.D.) PARK
LATERAL CANAL RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-566/3 dated November 1, 2010, in the amount of
$150.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
11
November 16, 2010
B.L. Won ORDER No. 20 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR 20TH AVENUE
BRIDGE OVER THE LR.F. W. C.D. MAIN RELIEF CANAL RELEASE OF
RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-564/3 dated November 1, 2010, in the amount of
$155.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
8.M. WORK ORDER No. 21 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512
BRIDGE OVER FELLSMERE WATER CONTROL DISTRICT (F. W. C.D.) PARK
LATERAL CANAL RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-566/3 dated November 1, 2010, in the amount of
$150.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
11
November 16, 2010
B.L. Won ORDER No. 20 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR 20TH AVENUE
BRIDGE OVER THE LR.F. W. C.D. MAIN RELIEF CANAL RELEASE OF
RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-564/3 dated November 1, 2010, in the amount of
$155.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
8.M. WORK ORDER No. 21 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR CR512
BRIDGE OVER FELLSMERE WATER CONTROL DISTRICT (F. W. C.D.) PARK
LATERAL CANAL RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-566/3 dated November 1, 2010, in the amount of
$150.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
11
November 16, 2010
8.N. WORK ORDER No. 22 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGNASSOCL4TES, INC. FOR CR512
BRIDGE OVER FELLSMERE WATER CONTROL DISTRICT (F. W. C.D.)
LATERAL "U" CANAL RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-567/3 dated November 1, 2010, in the amount of
$196.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
8.0. SECTOR 3 BEACH RESTORATION PROJECT, CHANGE ORDER #3, PRE-
PURCHASE FOR REMAINING PROJECT SAND REQUIREMENTS, RANGER
CONSTRUCTION INDUSTRIES, INC.
Chairman Solari, having opposed this matter previously, indicated that he would vote
against it.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-1 vote (Chairman Solari
opposed), the Board approved Change Order No. 3 to
Ranger Construction Industries, Inc., as recommended in
the memorandum of November 5, 2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12
November 16, 2010
8.N. WORK ORDER No. 22 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGNASSOCL4TES, INC. FOR CR512
BRIDGE OVER FELLSMERE WATER CONTROL DISTRICT (F. W. C.D.)
LATERAL "U" CANAL RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-567/3 dated November 1, 2010, in the amount of
$196.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
8.0. SECTOR 3 BEACH RESTORATION PROJECT, CHANGE ORDER #3, PRE-
PURCHASE FOR REMAINING PROJECT SAND REQUIREMENTS, RANGER
CONSTRUCTION INDUSTRIES, INC.
Chairman Solari, having opposed this matter previously, indicated that he would vote
against it.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-1 vote (Chairman Solari
opposed), the Board approved Change Order No. 3 to
Ranger Construction Industries, Inc., as recommended in
the memorandum of November 5, 2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12
November 16, 2010
8.N. WORK ORDER No. 22 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGNASSOCL4TES, INC. FOR CR512
BRIDGE OVER FELLSMERE WATER CONTROL DISTRICT (F. W. C.D.)
LATERAL "U" CANAL RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Bridge Design Associates, Inc. Invoice No.
10-567/3 dated November 1, 2010, in the amount of
$196.00 for release of retainage, as recommended in the
memorandum of November 5, 2010.
8.0. SECTOR 3 BEACH RESTORATION PROJECT, CHANGE ORDER #3, PRE-
PURCHASE FOR REMAINING PROJECT SAND REQUIREMENTS, RANGER
CONSTRUCTION INDUSTRIES, INC.
Chairman Solari, having opposed this matter previously, indicated that he would vote
against it.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-1 vote (Chairman Solari
opposed), the Board approved Change Order No. 3 to
Ranger Construction Industries, Inc., as recommended in
the memorandum of November 5, 2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12
November 16, 2010
8.P. APPROVAL OF WORK ORDER NO. L-1 WITH G. K. ENVIRONMENTAL, INC.
AND PERMISSION TO ISSUE PURCHASE ORDERS FOR EGRET MARSH
REGIONAL STORMWATER PARK PUNCH LIST ITEMS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved and authorized the Chairman to execute Work
Order No. L-1 with G.K. Environmental, Inc.; and (2)
authorized staff to issue purchase orders to the following
entities: Item No. 2 - Hurricane Shutters for the
Prefabricated Influent and Effluent Buildings at a total
cost of $994.34, and Item No. 3 - Modification of
Electrical Wiring Below the Cantilever Slab at the Lateral
D Canal Pump Station at a total cost of $3,657.07, for
completion of said punch list items, as recommended in
the memorandum of November 8, 2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. REQUEST TO APPROVE A ONE-YEAR CONTRACT EXTENSION WITH THE
CONSERVATION FUND FOR PROFESSIONAL SERVICES RELATING TO THE
COUNTY ENVIRONMENTAL LANDS PROGRAM
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Chairman to execute the "3`d Amendment
of Agreement for Professional Services between Indian
River County and the Conservation Fund Charitable
13
November 16, 2010
8.P. APPROVAL OF WORK ORDER NO. L-1 WITH G. K. ENVIRONMENTAL, INC.
AND PERMISSION TO ISSUE PURCHASE ORDERS FOR EGRET MARSH
REGIONAL STORMWATER PARK PUNCH LIST ITEMS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved and authorized the Chairman to execute Work
Order No. L-1 with G.K. Environmental, Inc.; and (2)
authorized staff to issue purchase orders to the following
entities: Item No. 2 - Hurricane Shutters for the
Prefabricated Influent and Effluent Buildings at a total
cost of $994.34, and Item No. 3 - Modification of
Electrical Wiring Below the Cantilever Slab at the Lateral
D Canal Pump Station at a total cost of $3,657.07, for
completion of said punch list items, as recommended in
the memorandum of November 8, 2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. REQUEST TO APPROVE A ONE-YEAR CONTRACT EXTENSION WITH THE
CONSERVATION FUND FOR PROFESSIONAL SERVICES RELATING TO THE
COUNTY ENVIRONMENTAL LANDS PROGRAM
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Chairman to execute the "3`d Amendment
of Agreement for Professional Services between Indian
River County and the Conservation Fund Charitable
13
November 16, 2010
8.P. APPROVAL OF WORK ORDER NO. L-1 WITH G. K. ENVIRONMENTAL, INC.
AND PERMISSION TO ISSUE PURCHASE ORDERS FOR EGRET MARSH
REGIONAL STORMWATER PARK PUNCH LIST ITEMS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved and authorized the Chairman to execute Work
Order No. L-1 with G.K. Environmental, Inc.; and (2)
authorized staff to issue purchase orders to the following
entities: Item No. 2 - Hurricane Shutters for the
Prefabricated Influent and Effluent Buildings at a total
cost of $994.34, and Item No. 3 - Modification of
Electrical Wiring Below the Cantilever Slab at the Lateral
D Canal Pump Station at a total cost of $3,657.07, for
completion of said punch list items, as recommended in
the memorandum of November 8, 2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. REQUEST TO APPROVE A ONE-YEAR CONTRACT EXTENSION WITH THE
CONSERVATION FUND FOR PROFESSIONAL SERVICES RELATING TO THE
COUNTY ENVIRONMENTAL LANDS PROGRAM
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Chairman to execute the "3`d Amendment
of Agreement for Professional Services between Indian
River County and the Conservation Fund Charitable
13
November 16, 2010
Trust", as recommended in the memorandum of
November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. GRAVES BROTHERS DRAINAGE AGREEMENT - CR 510 AND OLD DIXIE
HIGHWAY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute the "Agreement
between Indian River County, Florida and Graves
Brothers Company For Installation and Construction of a
Drainage Ditch and Pipes Near County Road 510 and Old
Dixie Highway" as recommended in the memorandum of
November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT (4TH TO 16TH
STREET), 850 667.11 AVENUE, PARCEL I.D. # 33-39-08-00001-0130-
00001.1, PROJECT PARCEL #20 AND TEMPORARY CONSTRUCTION
EASEMENT PARCEL #27, OWNER: DAVID L. AND BARBARA A.
HEFFLEBOWER
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agreement to Purchase and Sell Real Estate with
14
November 16, 2010
Trust", as recommended in the memorandum of
November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. GRAVES BROTHERS DRAINAGE AGREEMENT - CR 510 AND OLD DIXIE
HIGHWAY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute the "Agreement
between Indian River County, Florida and Graves
Brothers Company For Installation and Construction of a
Drainage Ditch and Pipes Near County Road 510 and Old
Dixie Highway" as recommended in the memorandum of
November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT (4TH TO 16TH
STREET), 850 667.11 AVENUE, PARCEL I.D. # 33-39-08-00001-0130-
00001.1, PROJECT PARCEL #20 AND TEMPORARY CONSTRUCTION
EASEMENT PARCEL #27, OWNER: DAVID L. AND BARBARA A.
HEFFLEBOWER
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agreement to Purchase and Sell Real Estate with
14
November 16, 2010
Trust", as recommended in the memorandum of
November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. GRAVES BROTHERS DRAINAGE AGREEMENT - CR 510 AND OLD DIXIE
HIGHWAY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute the "Agreement
between Indian River County, Florida and Graves
Brothers Company For Installation and Construction of a
Drainage Ditch and Pipes Near County Road 510 and Old
Dixie Highway" as recommended in the memorandum of
November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT (4TH TO 16TH
STREET), 850 667.11 AVENUE, PARCEL I.D. # 33-39-08-00001-0130-
00001.1, PROJECT PARCEL #20 AND TEMPORARY CONSTRUCTION
EASEMENT PARCEL #27, OWNER: DAVID L. AND BARBARA A.
HEFFLEBOWER
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agreement to Purchase and Sell Real Estate with
14
November 16, 2010
David L and Barbara A. Hefflebower, for the amount of
$83,000, as recommended in the memorandum of
November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.7'. ANNUAL RESOLUTION RE SIGNATORIES AND DELEGATION OF AUTHORITY
CONCERNING DECLARATIONS OF STATE OF LOCAL EMERGENCIES AND TO
ACT INA STATE DECLARED EMERGENCY AFFECTING INDL4NRIVER
COUNTY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-097, directing depositories of County
funds to honor certain authorized signatures on County
checks, warrants, and other orders for payment; providing
for Board of County Commissioners and Clerk of the
Circuit Court signatories; rescinding Resolution No. 2009-
171; delegating authority to the County Administrator to
declare states of local emergencies and to act in a State of
Florida declared emergency affecting Indian River
County; and providing an effective date.
8.U. RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY THE
INDIAN RIVER COUNTY HOUSING AUTHORITY FOR PUBLIC PURPOSES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-098, cancelling certain taxes upon
15
November 16, 2010
David L and Barbara A. Hefflebower, for the amount of
$83,000, as recommended in the memorandum of
November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.7'. ANNUAL RESOLUTION RE SIGNATORIES AND DELEGATION OF AUTHORITY
CONCERNING DECLARATIONS OF STATE OF LOCAL EMERGENCIES AND TO
ACT INA STATE DECLARED EMERGENCY AFFECTING INDL4NRIVER
COUNTY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-097, directing depositories of County
funds to honor certain authorized signatures on County
checks, warrants, and other orders for payment; providing
for Board of County Commissioners and Clerk of the
Circuit Court signatories; rescinding Resolution No. 2009-
171; delegating authority to the County Administrator to
declare states of local emergencies and to act in a State of
Florida declared emergency affecting Indian River
County; and providing an effective date.
8.U. RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY THE
INDIAN RIVER COUNTY HOUSING AUTHORITY FOR PUBLIC PURPOSES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-098, cancelling certain taxes upon
15
November 16, 2010
David L and Barbara A. Hefflebower, for the amount of
$83,000, as recommended in the memorandum of
November 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.7'. ANNUAL RESOLUTION RE SIGNATORIES AND DELEGATION OF AUTHORITY
CONCERNING DECLARATIONS OF STATE OF LOCAL EMERGENCIES AND TO
ACT INA STATE DECLARED EMERGENCY AFFECTING INDL4NRIVER
COUNTY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-097, directing depositories of County
funds to honor certain authorized signatures on County
checks, warrants, and other orders for payment; providing
for Board of County Commissioners and Clerk of the
Circuit Court signatories; rescinding Resolution No. 2009-
171; delegating authority to the County Administrator to
declare states of local emergencies and to act in a State of
Florida declared emergency affecting Indian River
County; and providing an effective date.
8.U. RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY THE
INDIAN RIVER COUNTY HOUSING AUTHORITY FOR PUBLIC PURPOSES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-098, cancelling certain taxes upon
15
November 16, 2010
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 28, Block B, Vero Lake Estates Unit P; 8246 103rd
Avenue [acquired from E*Trade Financial Corporation, a
Delaware corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-099, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 14, Block D, Vero Lake Estates Unit P; 8135 103rd
Court [acquired from Federal Home Loan Mortgage
Corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-100, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 24, Block E, Vero Lake Estates Unit L; 7986 100th
Court [acquired from The Bank of New York Mellon Trust
Company, National Association as Grantor Trustee of the
Protium Master Grantor Trust, a Florida corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-101, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
16
November 16, 2010
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 28, Block B, Vero Lake Estates Unit P; 8246 103rd
Avenue [acquired from E*Trade Financial Corporation, a
Delaware corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-099, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 14, Block D, Vero Lake Estates Unit P; 8135 103rd
Court [acquired from Federal Home Loan Mortgage
Corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-100, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 24, Block E, Vero Lake Estates Unit L; 7986 100th
Court [acquired from The Bank of New York Mellon Trust
Company, National Association as Grantor Trustee of the
Protium Master Grantor Trust, a Florida corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-101, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
16
November 16, 2010
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 28, Block B, Vero Lake Estates Unit P; 8246 103rd
Avenue [acquired from E*Trade Financial Corporation, a
Delaware corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-099, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 14, Block D, Vero Lake Estates Unit P; 8135 103rd
Court [acquired from Federal Home Loan Mortgage
Corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-100, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 24, Block E, Vero Lake Estates Unit L; 7986 100th
Court [acquired from The Bank of New York Mellon Trust
Company, National Association as Grantor Trustee of the
Protium Master Grantor Trust, a Florida corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-101, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
16
November 16, 2010
(Lot 28, Block 594, Sebastian Highlands Unit 17; 174
Spring Valley Avenue [acquired from VirtualBank, a
division of Lydian Private Bank])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-102, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 27, Block 205, Sebastian Highlands Unit 8; 467
Biscayne Lane [acquired from Household Finance
Corporation III])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-103, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 34, Block 261, Sebastian Highlands Unit 10 less the
west 2 feet of Lot 34; 602 Atlantus Terrace [acquired from
Jennifer B. Abraham])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-104, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 22, Block D, Vero Lake Estates Unit L; 7966 100th
Avenue [acquired from Wells Fargo Bank N.A. as Trustee
17
November 16, 2010
(Lot 28, Block 594, Sebastian Highlands Unit 17; 174
Spring Valley Avenue [acquired from VirtualBank, a
division of Lydian Private Bank])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-102, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 27, Block 205, Sebastian Highlands Unit 8; 467
Biscayne Lane [acquired from Household Finance
Corporation III])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-103, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 34, Block 261, Sebastian Highlands Unit 10 less the
west 2 feet of Lot 34; 602 Atlantus Terrace [acquired from
Jennifer B. Abraham])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-104, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 22, Block D, Vero Lake Estates Unit L; 7966 100th
Avenue [acquired from Wells Fargo Bank N.A. as Trustee
17
November 16, 2010
(Lot 28, Block 594, Sebastian Highlands Unit 17; 174
Spring Valley Avenue [acquired from VirtualBank, a
division of Lydian Private Bank])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-102, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 27, Block 205, Sebastian Highlands Unit 8; 467
Biscayne Lane [acquired from Household Finance
Corporation III])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-103, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 34, Block 261, Sebastian Highlands Unit 10 less the
west 2 feet of Lot 34; 602 Atlantus Terrace [acquired from
Jennifer B. Abraham])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-104, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 22, Block D, Vero Lake Estates Unit L; 7966 100th
Avenue [acquired from Wells Fargo Bank N.A. as Trustee
17
November 16, 2010
for Option One Mortgage Loan Trust 2005-4, Asset -
Backed Certificates, Series 2005-4])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-105, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 23, Block D, Vero Lake Estates Unit Q; 7976 104th
Avenue [acquired from Deutsche Bank National Trust
Company, as Trustee for the registered holders of Morgan
Stanley Home Equity Loan Trust 2007-2 Mortgage Pass -
Through Certificates, Series 2007-2])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-106, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 16, Block 243, Sebastian Highlands Unit 10; 732
Capon Terrace [acquired from PHH Mortgage
Corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-107, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
18
November 16, 2010
for Option One Mortgage Loan Trust 2005-4, Asset -
Backed Certificates, Series 2005-4])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-105, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 23, Block D, Vero Lake Estates Unit Q; 7976 104th
Avenue [acquired from Deutsche Bank National Trust
Company, as Trustee for the registered holders of Morgan
Stanley Home Equity Loan Trust 2007-2 Mortgage Pass -
Through Certificates, Series 2007-2])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-106, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 16, Block 243, Sebastian Highlands Unit 10; 732
Capon Terrace [acquired from PHH Mortgage
Corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-107, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
18
November 16, 2010
for Option One Mortgage Loan Trust 2005-4, Asset -
Backed Certificates, Series 2005-4])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-105, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 23, Block D, Vero Lake Estates Unit Q; 7976 104th
Avenue [acquired from Deutsche Bank National Trust
Company, as Trustee for the registered holders of Morgan
Stanley Home Equity Loan Trust 2007-2 Mortgage Pass -
Through Certificates, Series 2007-2])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-106, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 16, Block 243, Sebastian Highlands Unit 10; 732
Capon Terrace [acquired from PHH Mortgage
Corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-107, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
18
November 16, 2010
(Lot 27, Block A, Vero Lake Estates Unit K; 8236 98th
Court [acquired from Fannie Mae a/k/a/ Federal National
Mortgage Association])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-108, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 12, Block E, Vero Lake Estates Unit 0; 8355 104th
Avenue [acquired from Deutsche Bank National Trust
Company, as Trustee Under the Pooling and Servicing
Agreement Relating to IMPAC Secured Assets
Corporation, Mortgage Pass -Through Certificates, Series
2006-2, a California corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-109, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 16, Block 569, Sebastian Highlands Unit 17; 1998
Barber Street [acquired from Fannie Mae a/k/a Federal
National Mortgage Association])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-110, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
19
November 16, 2010
(Lot 27, Block A, Vero Lake Estates Unit K; 8236 98th
Court [acquired from Fannie Mae a/k/a/ Federal National
Mortgage Association])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-108, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 12, Block E, Vero Lake Estates Unit 0; 8355 104th
Avenue [acquired from Deutsche Bank National Trust
Company, as Trustee Under the Pooling and Servicing
Agreement Relating to IMPAC Secured Assets
Corporation, Mortgage Pass -Through Certificates, Series
2006-2, a California corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-109, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 16, Block 569, Sebastian Highlands Unit 17; 1998
Barber Street [acquired from Fannie Mae a/k/a Federal
National Mortgage Association])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-110, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
19
November 16, 2010
(Lot 27, Block A, Vero Lake Estates Unit K; 8236 98th
Court [acquired from Fannie Mae a/k/a/ Federal National
Mortgage Association])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-108, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 12, Block E, Vero Lake Estates Unit 0; 8355 104th
Avenue [acquired from Deutsche Bank National Trust
Company, as Trustee Under the Pooling and Servicing
Agreement Relating to IMPAC Secured Assets
Corporation, Mortgage Pass -Through Certificates, Series
2006-2, a California corporation])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-109, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 16, Block 569, Sebastian Highlands Unit 17; 1998
Barber Street [acquired from Fannie Mae a/k/a Federal
National Mortgage Association])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-110, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
19
November 16, 2010
(Lot 8, Block K, Vero Lake Estates Unit H-3; 8716 105th
Avenue [acquired from U.S. Bank National Association,
as successor Trustee to Bank of America, N.A. as
successor by merger to LaSalle Bank, N.A. as Trustee for
Merrill Lynch First Franklin Mortgage Loan Trust,
Mortgage Loan Asset -Backed Certificates, Series 2007-5])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-111, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 2, Block V, Paradise Park Unit No. 2; 8880 22nd
Street [acquired from Deutsche Bank National Trust
Company, as Trustee for FFMLT 2006-FF4, Mortgage
Pass -Through Certificates, Series 2006-FF4, by Home
Loan Services, Inc., as Attorney -in -Fact])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-112, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 7, Block M Vero Lake Estates Unit D; 9750 84th
Street [acquired from U.S. Bank, National Association, as
Trustee for RASC 2006EMX5])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-113, cancelling certain taxes upon
20
November 16, 2010
(Lot 8, Block K, Vero Lake Estates Unit H-3; 8716 105th
Avenue [acquired from U.S. Bank National Association,
as successor Trustee to Bank of America, N.A. as
successor by merger to LaSalle Bank, N.A. as Trustee for
Merrill Lynch First Franklin Mortgage Loan Trust,
Mortgage Loan Asset -Backed Certificates, Series 2007-5])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-111, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 2, Block V, Paradise Park Unit No. 2; 8880 22nd
Street [acquired from Deutsche Bank National Trust
Company, as Trustee for FFMLT 2006-FF4, Mortgage
Pass -Through Certificates, Series 2006-FF4, by Home
Loan Services, Inc., as Attorney -in -Fact])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-112, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 7, Block M Vero Lake Estates Unit D; 9750 84th
Street [acquired from U.S. Bank, National Association, as
Trustee for RASC 2006EMX5])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-113, cancelling certain taxes upon
20
November 16, 2010
(Lot 8, Block K, Vero Lake Estates Unit H-3; 8716 105th
Avenue [acquired from U.S. Bank National Association,
as successor Trustee to Bank of America, N.A. as
successor by merger to LaSalle Bank, N.A. as Trustee for
Merrill Lynch First Franklin Mortgage Loan Trust,
Mortgage Loan Asset -Backed Certificates, Series 2007-5])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-111, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 2, Block V, Paradise Park Unit No. 2; 8880 22nd
Street [acquired from Deutsche Bank National Trust
Company, as Trustee for FFMLT 2006-FF4, Mortgage
Pass -Through Certificates, Series 2006-FF4, by Home
Loan Services, Inc., as Attorney -in -Fact])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-112, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 7, Block M Vero Lake Estates Unit D; 9750 84th
Street [acquired from U.S. Bank, National Association, as
Trustee for RASC 2006EMX5])
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-113, cancelling certain taxes upon
20
November 16, 2010
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 2, Block 110, Sebastian Highlands Unit 2; 668
Dempsey [acquired from Federal Home Loan Mortgage
Corporation])
(Clerk's Note: The above 16 parcels of property were funded through the Housing and
Economic Recovery Act of 2008, and acquired by the Indian River County Housing Authority
through the Neighborhood Stabilization Program for use as affordable housing).
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF
APPROVAL TO AMEND FISCAL YEAR 2010-2011 OPERATING BUDGET
Sheriff Deryl Loar requested Board approval for the transfer of funds within the Sheriff's
Agency, in accordance with Florida Statutes, Section 129.06(2)(a). He recalled that he had
addressed the Board on this matter at the July 14, 2010 Budget Workshop and the August 17,
2010 Board of County Commission meeting.
Vice Chairman Wheeler reaffirmed his long-standing opposition to the Constitutional
Officers transferring funds from one area to another subsequent to the budget approval process.
He stated he had no problem with fund transfers within a specific category, such as salaries;
however, for other transfers, he wanted the Board to be apprised of the transfer in advance of,
and not subsequent to, the action.
Sheriff Loar established his need for flexibility in spending due to the budget cuts and
asked the Board to support his request.
21
November 16, 2010
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 2, Block 110, Sebastian Highlands Unit 2; 668
Dempsey [acquired from Federal Home Loan Mortgage
Corporation])
(Clerk's Note: The above 16 parcels of property were funded through the Housing and
Economic Recovery Act of 2008, and acquired by the Indian River County Housing Authority
through the Neighborhood Stabilization Program for use as affordable housing).
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF
APPROVAL TO AMEND FISCAL YEAR 2010-2011 OPERATING BUDGET
Sheriff Deryl Loar requested Board approval for the transfer of funds within the Sheriff's
Agency, in accordance with Florida Statutes, Section 129.06(2)(a). He recalled that he had
addressed the Board on this matter at the July 14, 2010 Budget Workshop and the August 17,
2010 Board of County Commission meeting.
Vice Chairman Wheeler reaffirmed his long-standing opposition to the Constitutional
Officers transferring funds from one area to another subsequent to the budget approval process.
He stated he had no problem with fund transfers within a specific category, such as salaries;
however, for other transfers, he wanted the Board to be apprised of the transfer in advance of,
and not subsequent to, the action.
Sheriff Loar established his need for flexibility in spending due to the budget cuts and
asked the Board to support his request.
21
November 16, 2010
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Lot 2, Block 110, Sebastian Highlands Unit 2; 668
Dempsey [acquired from Federal Home Loan Mortgage
Corporation])
(Clerk's Note: The above 16 parcels of property were funded through the Housing and
Economic Recovery Act of 2008, and acquired by the Indian River County Housing Authority
through the Neighborhood Stabilization Program for use as affordable housing).
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF
APPROVAL TO AMEND FISCAL YEAR 2010-2011 OPERATING BUDGET
Sheriff Deryl Loar requested Board approval for the transfer of funds within the Sheriff's
Agency, in accordance with Florida Statutes, Section 129.06(2)(a). He recalled that he had
addressed the Board on this matter at the July 14, 2010 Budget Workshop and the August 17,
2010 Board of County Commission meeting.
Vice Chairman Wheeler reaffirmed his long-standing opposition to the Constitutional
Officers transferring funds from one area to another subsequent to the budget approval process.
He stated he had no problem with fund transfers within a specific category, such as salaries;
however, for other transfers, he wanted the Board to be apprised of the transfer in advance of,
and not subsequent to, the action.
Sheriff Loar established his need for flexibility in spending due to the budget cuts and
asked the Board to support his request.
21
November 16, 2010
Chairman Solari agreed with Vice Chairman Wheeler that it would be fine to move funds
within a designated category, but not between different categories
Commissioner O'Bryan observed that it was the Sheriff's job to run his office as he sees
fit, but requested notification when the fund transfers are made.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, to approve the
Sheriff's request to amend the Sheriffs fiscal year
2010/2011 Operating Budget.
Further discussion ensued as Commissioners Davis and Flescher expressed support for
the Sheriff.
The Chairman CALLED THE QUESTION and by a 3-2
vote (Commissioners Solari and Wheeler opposed), the
Motion carried. The Board approved the Sheriff's request
to amend his fiscal year 2010-2011 Operating Budget, as
requested in the letter dated November 9, 2010.
10.A. PUBLIC HEARINGS
10.A.1. PALEMA TROTTING, INC.'S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR A RESIDENTIAL MIGRANT HOUSING FACILITY (SEASONAL
WORKER HOUSING) (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Planning Director Stan Boling, through a PowerPoint presentation (on file),
provided description, conditions, and analysis on Palema Trotting, Inc.'s request for special
22
November 16, 2010
Chairman Solari agreed with Vice Chairman Wheeler that it would be fine to move funds
within a designated category, but not between different categories
Commissioner O'Bryan observed that it was the Sheriff's job to run his office as he sees
fit, but requested notification when the fund transfers are made.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, to approve the
Sheriff's request to amend the Sheriffs fiscal year
2010/2011 Operating Budget.
Further discussion ensued as Commissioners Davis and Flescher expressed support for
the Sheriff.
The Chairman CALLED THE QUESTION and by a 3-2
vote (Commissioners Solari and Wheeler opposed), the
Motion carried. The Board approved the Sheriff's request
to amend his fiscal year 2010-2011 Operating Budget, as
requested in the letter dated November 9, 2010.
10.A. PUBLIC HEARINGS
10.A.1. PALEMA TROTTING, INC.'S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR A RESIDENTIAL MIGRANT HOUSING FACILITY (SEASONAL
WORKER HOUSING) (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Planning Director Stan Boling, through a PowerPoint presentation (on file),
provided description, conditions, and analysis on Palema Trotting, Inc.'s request for special
22
November 16, 2010
Chairman Solari agreed with Vice Chairman Wheeler that it would be fine to move funds
within a designated category, but not between different categories
Commissioner O'Bryan observed that it was the Sheriff's job to run his office as he sees
fit, but requested notification when the fund transfers are made.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, to approve the
Sheriff's request to amend the Sheriffs fiscal year
2010/2011 Operating Budget.
Further discussion ensued as Commissioners Davis and Flescher expressed support for
the Sheriff.
The Chairman CALLED THE QUESTION and by a 3-2
vote (Commissioners Solari and Wheeler opposed), the
Motion carried. The Board approved the Sheriff's request
to amend his fiscal year 2010-2011 Operating Budget, as
requested in the letter dated November 9, 2010.
10.A. PUBLIC HEARINGS
10.A.1. PALEMA TROTTING, INC.'S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR A RESIDENTIAL MIGRANT HOUSING FACILITY (SEASONAL
WORKER HOUSING) (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Planning Director Stan Boling, through a PowerPoint presentation (on file),
provided description, conditions, and analysis on Palema Trotting, Inc.'s request for special
22
November 16, 2010
exception use approval for a proposed residential migrant housing facility (dormitory building) at
the southeast corner of 66th Avenue and 53 d Street. He conveyed that the Planning and Zoning
Commission has reviewed the proposal, and along with County staff, unanimously recommends
approval of the request, based on the conditions outlined in staff's recommendation on page 309
of the agenda packet.
Director Boling, assisted by Public Works Director Christopher Mora, addressed a series
of questions/remarks posed by the Board about the capacity of the unpaved access road to
accommodate traffic and vehicular increases; the definition of "seasonal"; whether the facility
has the required permits for the septic and well systems; and whether there is an odor control
plan for the manure.
The Chairman opened the Public Hearing.
Geoff Barkett, Schulke, Bittle, & Stoddard, LLC, Project Engineer, explained that the
dormitory would house a maximum of 12 individuals seasonally, and that, since the horses
would only be trucked in and out twice yearly, excessive traffic would not be generated.
Brian Carman, Indian River Neighborhood Association, encouraged the Commission to
support this project.
Donna Holland, Vero Beach, said although she was pleased with the facility she was
concerned about retaining the restrictions regarding dormitory usage, should the facility be sold.
Director Boling Stan assured Ms. Holland that the use restrictions would run with the
land and be enforceable through Code Enforcement.
Renee Renzi, Waverly Place, wanted to know whether local individuals could obtain a
seasonal job at Palema Trotting, or whether the dorms were only for seasonal residents.
23
November 16, 2010
exception use approval for a proposed residential migrant housing facility (dormitory building) at
the southeast corner of 66th Avenue and 53 d Street. He conveyed that the Planning and Zoning
Commission has reviewed the proposal, and along with County staff, unanimously recommends
approval of the request, based on the conditions outlined in staff's recommendation on page 309
of the agenda packet.
Director Boling, assisted by Public Works Director Christopher Mora, addressed a series
of questions/remarks posed by the Board about the capacity of the unpaved access road to
accommodate traffic and vehicular increases; the definition of "seasonal"; whether the facility
has the required permits for the septic and well systems; and whether there is an odor control
plan for the manure.
The Chairman opened the Public Hearing.
Geoff Barkett, Schulke, Bittle, & Stoddard, LLC, Project Engineer, explained that the
dormitory would house a maximum of 12 individuals seasonally, and that, since the horses
would only be trucked in and out twice yearly, excessive traffic would not be generated.
Brian Carman, Indian River Neighborhood Association, encouraged the Commission to
support this project.
Donna Holland, Vero Beach, said although she was pleased with the facility she was
concerned about retaining the restrictions regarding dormitory usage, should the facility be sold.
Director Boling Stan assured Ms. Holland that the use restrictions would run with the
land and be enforceable through Code Enforcement.
Renee Renzi, Waverly Place, wanted to know whether local individuals could obtain a
seasonal job at Palema Trotting, or whether the dorms were only for seasonal residents.
23
November 16, 2010
exception use approval for a proposed residential migrant housing facility (dormitory building) at
the southeast corner of 66th Avenue and 53 d Street. He conveyed that the Planning and Zoning
Commission has reviewed the proposal, and along with County staff, unanimously recommends
approval of the request, based on the conditions outlined in staff's recommendation on page 309
of the agenda packet.
Director Boling, assisted by Public Works Director Christopher Mora, addressed a series
of questions/remarks posed by the Board about the capacity of the unpaved access road to
accommodate traffic and vehicular increases; the definition of "seasonal"; whether the facility
has the required permits for the septic and well systems; and whether there is an odor control
plan for the manure.
The Chairman opened the Public Hearing.
Geoff Barkett, Schulke, Bittle, & Stoddard, LLC, Project Engineer, explained that the
dormitory would house a maximum of 12 individuals seasonally, and that, since the horses
would only be trucked in and out twice yearly, excessive traffic would not be generated.
Brian Carman, Indian River Neighborhood Association, encouraged the Commission to
support this project.
Donna Holland, Vero Beach, said although she was pleased with the facility she was
concerned about retaining the restrictions regarding dormitory usage, should the facility be sold.
Director Boling Stan assured Ms. Holland that the use restrictions would run with the
land and be enforceable through Code Enforcement.
Renee Renzi, Waverly Place, wanted to know whether local individuals could obtain a
seasonal job at Palema Trotting, or whether the dorms were only for seasonal residents.
23
November 16, 2010
A brief discussion ensued, during which it was established that there was no prohibition
against local seasonal workers. Commissioner O'Bryan surmised, however, that a particular
horse's regular trainer would likely be accompanying his/her horse.
There being no further speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously:
A. Found, that in conjunction with the recommended
conditions:
(1) It is empowered under the provisions of Chapter 971 to
review the special exception applied for;
(2) The granting of the special exception will not
adversely affect the public interest;
(3) The application satisfies the general and specific
criteria required for special exception approval; and
(4) The conditions stated below are adequate to ensure
compatibility between the special exception use and
surrounding land uses; and
B. Granted special exception use approval for Palema
Trotting, Inc.'s request for a worker housing facility, with
the following conditions:
(1) Prior to site plan release, the applicant shall:
a. Dedicate a 40' corner clip right-of-way at 53rd
Street and 66th Avenue, without compensation, and
b. Submit and obtain planning staff approval of final
architectural plans for the dormitory building,
showing that the building has a residential or
agricultural appearance;
24
November 16, 2010
A brief discussion ensued, during which it was established that there was no prohibition
against local seasonal workers. Commissioner O'Bryan surmised, however, that a particular
horse's regular trainer would likely be accompanying his/her horse.
There being no further speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously:
A. Found, that in conjunction with the recommended
conditions:
(1) It is empowered under the provisions of Chapter 971 to
review the special exception applied for;
(2) The granting of the special exception will not
adversely affect the public interest;
(3) The application satisfies the general and specific
criteria required for special exception approval; and
(4) The conditions stated below are adequate to ensure
compatibility between the special exception use and
surrounding land uses; and
B. Granted special exception use approval for Palema
Trotting, Inc.'s request for a worker housing facility, with
the following conditions:
(1) Prior to site plan release, the applicant shall:
a. Dedicate a 40' corner clip right-of-way at 53rd
Street and 66th Avenue, without compensation, and
b. Submit and obtain planning staff approval of final
architectural plans for the dormitory building,
showing that the building has a residential or
agricultural appearance;
24
November 16, 2010
A brief discussion ensued, during which it was established that there was no prohibition
against local seasonal workers. Commissioner O'Bryan surmised, however, that a particular
horse's regular trainer would likely be accompanying his/her horse.
There being no further speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously:
A. Found, that in conjunction with the recommended
conditions:
(1) It is empowered under the provisions of Chapter 971 to
review the special exception applied for;
(2) The granting of the special exception will not
adversely affect the public interest;
(3) The application satisfies the general and specific
criteria required for special exception approval; and
(4) The conditions stated below are adequate to ensure
compatibility between the special exception use and
surrounding land uses; and
B. Granted special exception use approval for Palema
Trotting, Inc.'s request for a worker housing facility, with
the following conditions:
(1) Prior to site plan release, the applicant shall:
a. Dedicate a 40' corner clip right-of-way at 53rd
Street and 66th Avenue, without compensation, and
b. Submit and obtain planning staff approval of final
architectural plans for the dormitory building,
showing that the building has a residential or
agricultural appearance;
24
November 16, 2010
(2) Prior to issuance of a certificate of occupancy (C.O.),
all required landscape buffers and opaque features shall be
installed;
(3) Residents of the worker housing dormitory building
shall be restricted to workers performing duties at the on-
site commercial stable facility and limited to a maximum
of 12 residents, all as stated and recommended in the
memorandum of November 1, 2010.
10.B. PUBLIC DISCUSSION ITEMS
1O.B.1. REQUEST TO SPEAK FROM ROBERT T. WOOD REGARDING LANDLORDS
AND RENTERS
Robert Todd Wood, 1691 4th Court, Rockridge Subdivision, addressed the Board about
a situation occurring at 1671 4th Court, where a rental property has been leased to drug
users/dealers. He stated that he has already spoken to the landlord, and noted that the Sheriff and
Emergency Services have made over 30 trips to the subject property. Mr. Wood felt the situation
was a drain on tax dollars, unsafe, and unhealthy and asked the Board if there was any remedy
relative to Section 973.04 of Chapter 973, the Public Nuisance Code.
Vice Chairman Wheeler revealed that if a landlord knowingly allows illegal activity on
his or her property, the property is subject to confiscation. He advised Mr. Wood to pursue this
matter with the Sheriff.
County Attorney Alan Polackwich, Sr., agreed that if the property is being used for
illegal activity with the owner's knowledge, there may be a forfeiture possibility. He stated that
the nuisance ordinance does not deal with this issue and that there is no local remedy at this time;
thus a solution should be sought in the domain of criminal law.
25
November 16, 2010
(2) Prior to issuance of a certificate of occupancy (C.O.),
all required landscape buffers and opaque features shall be
installed;
(3) Residents of the worker housing dormitory building
shall be restricted to workers performing duties at the on-
site commercial stable facility and limited to a maximum
of 12 residents, all as stated and recommended in the
memorandum of November 1, 2010.
10.B. PUBLIC DISCUSSION ITEMS
1O.B.1. REQUEST TO SPEAK FROM ROBERT T. WOOD REGARDING LANDLORDS
AND RENTERS
Robert Todd Wood, 1691 4th Court, Rockridge Subdivision, addressed the Board about
a situation occurring at 1671 4th Court, where a rental property has been leased to drug
users/dealers. He stated that he has already spoken to the landlord, and noted that the Sheriff and
Emergency Services have made over 30 trips to the subject property. Mr. Wood felt the situation
was a drain on tax dollars, unsafe, and unhealthy and asked the Board if there was any remedy
relative to Section 973.04 of Chapter 973, the Public Nuisance Code.
Vice Chairman Wheeler revealed that if a landlord knowingly allows illegal activity on
his or her property, the property is subject to confiscation. He advised Mr. Wood to pursue this
matter with the Sheriff.
County Attorney Alan Polackwich, Sr., agreed that if the property is being used for
illegal activity with the owner's knowledge, there may be a forfeiture possibility. He stated that
the nuisance ordinance does not deal with this issue and that there is no local remedy at this time;
thus a solution should be sought in the domain of criminal law.
25
November 16, 2010
(2) Prior to issuance of a certificate of occupancy (C.O.),
all required landscape buffers and opaque features shall be
installed;
(3) Residents of the worker housing dormitory building
shall be restricted to workers performing duties at the on-
site commercial stable facility and limited to a maximum
of 12 residents, all as stated and recommended in the
memorandum of November 1, 2010.
10.B. PUBLIC DISCUSSION ITEMS
1O.B.1. REQUEST TO SPEAK FROM ROBERT T. WOOD REGARDING LANDLORDS
AND RENTERS
Robert Todd Wood, 1691 4th Court, Rockridge Subdivision, addressed the Board about
a situation occurring at 1671 4th Court, where a rental property has been leased to drug
users/dealers. He stated that he has already spoken to the landlord, and noted that the Sheriff and
Emergency Services have made over 30 trips to the subject property. Mr. Wood felt the situation
was a drain on tax dollars, unsafe, and unhealthy and asked the Board if there was any remedy
relative to Section 973.04 of Chapter 973, the Public Nuisance Code.
Vice Chairman Wheeler revealed that if a landlord knowingly allows illegal activity on
his or her property, the property is subject to confiscation. He advised Mr. Wood to pursue this
matter with the Sheriff.
County Attorney Alan Polackwich, Sr., agreed that if the property is being used for
illegal activity with the owner's knowledge, there may be a forfeiture possibility. He stated that
the nuisance ordinance does not deal with this issue and that there is no local remedy at this time;
thus a solution should be sought in the domain of criminal law.
25
November 16, 2010
Commissioner Davis encouraged Mr. Wood to seek a legal remedy with the Sheriff, and
failing that, it would be incumbent upon the Board to seek a remedy by Ordinance.
No Board Action Required or Taken
10. B. 2. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER
BRIAN HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS
REGARDING CITY OF VERO BEACH ELECTRIC UTILITY
Brian Heady, City of Vero Beach Councilmember, speaking as a City of Vero Beach
Councilmember and a citizen, averred that the City would have an open and transparent
government under the new mayor, Jay Kramer. He expressed appreciation for the County's
policy of transparency and openness, which has helped to keep the public informed on the
electric utility issue. Mr. Heady reported that Tracy Carroll and Pilar Turner are the City's new
liaisons for matters pertaining to the Electric Utility, and the Water, Wastewater, and Reclaimed
Water Utility, respectively, and asked the Board to continue to allow the City's updates on those
issues.
Commissioner O'Bryan mentioned that Mayor Kramer had attended the last Board of
County Commission meeting. He extended a welcome to audience members City of Vero
Beach Vice Mayor Pilar Turner and Councilmember Tracy Carroll, and stated he was looking
forward to a new openness and communication with the City.
Chairman Solari remarked on the spirit of cooperation occurring between the County and
the City at the November 14, 2010 Annual Firefighters Chili Cook -Off, and affirmed that he, too,
was looking forward to working with the Vero Beach Councilmembers.
26
November 16, 2010
Commissioner Davis encouraged Mr. Wood to seek a legal remedy with the Sheriff, and
failing that, it would be incumbent upon the Board to seek a remedy by Ordinance.
No Board Action Required or Taken
10. B. 2. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER
BRIAN HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS
REGARDING CITY OF VERO BEACH ELECTRIC UTILITY
Brian Heady, City of Vero Beach Councilmember, speaking as a City of Vero Beach
Councilmember and a citizen, averred that the City would have an open and transparent
government under the new mayor, Jay Kramer. He expressed appreciation for the County's
policy of transparency and openness, which has helped to keep the public informed on the
electric utility issue. Mr. Heady reported that Tracy Carroll and Pilar Turner are the City's new
liaisons for matters pertaining to the Electric Utility, and the Water, Wastewater, and Reclaimed
Water Utility, respectively, and asked the Board to continue to allow the City's updates on those
issues.
Commissioner O'Bryan mentioned that Mayor Kramer had attended the last Board of
County Commission meeting. He extended a welcome to audience members City of Vero
Beach Vice Mayor Pilar Turner and Councilmember Tracy Carroll, and stated he was looking
forward to a new openness and communication with the City.
Chairman Solari remarked on the spirit of cooperation occurring between the County and
the City at the November 14, 2010 Annual Firefighters Chili Cook -Off, and affirmed that he, too,
was looking forward to working with the Vero Beach Councilmembers.
26
November 16, 2010
Commissioner Davis encouraged Mr. Wood to seek a legal remedy with the Sheriff, and
failing that, it would be incumbent upon the Board to seek a remedy by Ordinance.
No Board Action Required or Taken
10. B. 2. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER
BRIAN HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS
REGARDING CITY OF VERO BEACH ELECTRIC UTILITY
Brian Heady, City of Vero Beach Councilmember, speaking as a City of Vero Beach
Councilmember and a citizen, averred that the City would have an open and transparent
government under the new mayor, Jay Kramer. He expressed appreciation for the County's
policy of transparency and openness, which has helped to keep the public informed on the
electric utility issue. Mr. Heady reported that Tracy Carroll and Pilar Turner are the City's new
liaisons for matters pertaining to the Electric Utility, and the Water, Wastewater, and Reclaimed
Water Utility, respectively, and asked the Board to continue to allow the City's updates on those
issues.
Commissioner O'Bryan mentioned that Mayor Kramer had attended the last Board of
County Commission meeting. He extended a welcome to audience members City of Vero
Beach Vice Mayor Pilar Turner and Councilmember Tracy Carroll, and stated he was looking
forward to a new openness and communication with the City.
Chairman Solari remarked on the spirit of cooperation occurring between the County and
the City at the November 14, 2010 Annual Firefighters Chili Cook -Off, and affirmed that he, too,
was looking forward to working with the Vero Beach Councilmembers.
26
November 16, 2010
10.B.3. REQUEST TO SPEAK FROM TODD WESTOVER, DIVISION MANAGER,
TREASURE COAST REFUSE /REPUBLIC SERVICES
(Clerk's Note: Item 10.B.3. was moved and heard in conjunction with SWDD Item
15.B.1.)
10. C. PUBLIC NOTICE ITEMS NONE
11. COUNTY ADMINISTRATOR MATTERS
11.A.1. MEETINGS OF THE BOARD OF COUNTY COMMISSION, PROPOSED - 2011
MEETING DATES
Commissioner Flescher proposed eliminating the September 6, 2011 Board Meeting and
adding one or more meetings in August 2011. He discussed the need for continuity throughout
the summer, the difficulties inherent in holding a meeting on September 6, 2011, the day after
Labor Day; and divulged that a prior obligation would preclude his attending the September 6
meeting.
Discussion followed as individual Board members opined on whether to modify the
upcoming schedule for the Board of County Commission meetings.
In order to accommodate Commissioner Flescher's schedule, Chairman Solari suggested
switching the September 6, 2011 meeting to August 23, 2011.
MOTION WAS MADE by Commissioner Flescher to
reschedule the September 6, 2011 Board of County
Commission meeting to August 23, 2011. MOTION
DIED for lack of a Second.
27
November 16, 2010
10.B.3. REQUEST TO SPEAK FROM TODD WESTOVER, DIVISION MANAGER,
TREASURE COAST REFUSE /REPUBLIC SERVICES
(Clerk's Note: Item 10.B.3. was moved and heard in conjunction with SWDD Item
15.B.1.)
10. C. PUBLIC NOTICE ITEMS NONE
11. COUNTY ADMINISTRATOR MATTERS
11.A.1. MEETINGS OF THE BOARD OF COUNTY COMMISSION, PROPOSED - 2011
MEETING DATES
Commissioner Flescher proposed eliminating the September 6, 2011 Board Meeting and
adding one or more meetings in August 2011. He discussed the need for continuity throughout
the summer, the difficulties inherent in holding a meeting on September 6, 2011, the day after
Labor Day; and divulged that a prior obligation would preclude his attending the September 6
meeting.
Discussion followed as individual Board members opined on whether to modify the
upcoming schedule for the Board of County Commission meetings.
In order to accommodate Commissioner Flescher's schedule, Chairman Solari suggested
switching the September 6, 2011 meeting to August 23, 2011.
MOTION WAS MADE by Commissioner Flescher to
reschedule the September 6, 2011 Board of County
Commission meeting to August 23, 2011. MOTION
DIED for lack of a Second.
27
November 16, 2010
10.B.3. REQUEST TO SPEAK FROM TODD WESTOVER, DIVISION MANAGER,
TREASURE COAST REFUSE /REPUBLIC SERVICES
(Clerk's Note: Item 10.B.3. was moved and heard in conjunction with SWDD Item
15.B.1.)
10. C. PUBLIC NOTICE ITEMS NONE
11. COUNTY ADMINISTRATOR MATTERS
11.A.1. MEETINGS OF THE BOARD OF COUNTY COMMISSION, PROPOSED - 2011
MEETING DATES
Commissioner Flescher proposed eliminating the September 6, 2011 Board Meeting and
adding one or more meetings in August 2011. He discussed the need for continuity throughout
the summer, the difficulties inherent in holding a meeting on September 6, 2011, the day after
Labor Day; and divulged that a prior obligation would preclude his attending the September 6
meeting.
Discussion followed as individual Board members opined on whether to modify the
upcoming schedule for the Board of County Commission meetings.
In order to accommodate Commissioner Flescher's schedule, Chairman Solari suggested
switching the September 6, 2011 meeting to August 23, 2011.
MOTION WAS MADE by Commissioner Flescher to
reschedule the September 6, 2011 Board of County
Commission meeting to August 23, 2011. MOTION
DIED for lack of a Second.
27
November 16, 2010
Further deliberations occurred, after which Commissioner O'Bryan suggested the Board
approve the proposed schedule and ensure nothing controversial is put on the September 6, 2011
meeting agenda.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Wheeler, by a 4-1 vote (Commissioner
Flescher opposed), the Board approved the proposed
schedule of Board of County Commission 2011 meeting
dates, as presented on page 325 of the agenda packet.
ADDITION: 11.A. 2. UPCOMING LEGISLATIVE DELEGATION SESSION: UPDATE
OF ISSUES TO BE PRESENTED
County Administrator Joseph A. Baird outlined for the Board's review, the following
topics that would be discussed at the upcoming Legislative Delegation Session: (1) Trim
Notices• (2) Community Redevelopment Agencies (CRA); (3) Pain Clinics; (4) Medicaid; (5)
Florida Retirement System Defined Benefit; (6) St. John's River Water Management District
(SJRWMD) irrigation ordinances; and (7) HB 697 (proposed rules for the Energy Conservation
Map). He inquired whether the list was acceptable to the Board and if they had any additions,
and invited any Commissioner who wished to represent the County on a particular topic to do so.
Commissioners Davis and O'Bryan wanted to have the County's presentation on the
CRA's include specific details on the program's impact on the County's General Fund. In
addition, Commissioner O'Bryan suggested changing the name of "Florida Retirement System
Defined Benefit "to "Florida Retirement System Defined Contribution."
Chairman Solari wanted to express the County's opposition to not only the SJRWMD's
irrigation ordinance, but to all of SJRWMD's proposed ordinances that would infringe upon
residents' private property rights.
28
November 16, 2010
Further deliberations occurred, after which Commissioner O'Bryan suggested the Board
approve the proposed schedule and ensure nothing controversial is put on the September 6, 2011
meeting agenda.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Wheeler, by a 4-1 vote (Commissioner
Flescher opposed), the Board approved the proposed
schedule of Board of County Commission 2011 meeting
dates, as presented on page 325 of the agenda packet.
ADDITION: 11.A. 2. UPCOMING LEGISLATIVE DELEGATION SESSION: UPDATE
OF ISSUES TO BE PRESENTED
County Administrator Joseph A. Baird outlined for the Board's review, the following
topics that would be discussed at the upcoming Legislative Delegation Session: (1) Trim
Notices• (2) Community Redevelopment Agencies (CRA); (3) Pain Clinics; (4) Medicaid; (5)
Florida Retirement System Defined Benefit; (6) St. John's River Water Management District
(SJRWMD) irrigation ordinances; and (7) HB 697 (proposed rules for the Energy Conservation
Map). He inquired whether the list was acceptable to the Board and if they had any additions,
and invited any Commissioner who wished to represent the County on a particular topic to do so.
Commissioners Davis and O'Bryan wanted to have the County's presentation on the
CRA's include specific details on the program's impact on the County's General Fund. In
addition, Commissioner O'Bryan suggested changing the name of "Florida Retirement System
Defined Benefit "to "Florida Retirement System Defined Contribution."
Chairman Solari wanted to express the County's opposition to not only the SJRWMD's
irrigation ordinance, but to all of SJRWMD's proposed ordinances that would infringe upon
residents' private property rights.
28
November 16, 2010
Further deliberations occurred, after which Commissioner O'Bryan suggested the Board
approve the proposed schedule and ensure nothing controversial is put on the September 6, 2011
meeting agenda.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Wheeler, by a 4-1 vote (Commissioner
Flescher opposed), the Board approved the proposed
schedule of Board of County Commission 2011 meeting
dates, as presented on page 325 of the agenda packet.
ADDITION: 11.A. 2. UPCOMING LEGISLATIVE DELEGATION SESSION: UPDATE
OF ISSUES TO BE PRESENTED
County Administrator Joseph A. Baird outlined for the Board's review, the following
topics that would be discussed at the upcoming Legislative Delegation Session: (1) Trim
Notices• (2) Community Redevelopment Agencies (CRA); (3) Pain Clinics; (4) Medicaid; (5)
Florida Retirement System Defined Benefit; (6) St. John's River Water Management District
(SJRWMD) irrigation ordinances; and (7) HB 697 (proposed rules for the Energy Conservation
Map). He inquired whether the list was acceptable to the Board and if they had any additions,
and invited any Commissioner who wished to represent the County on a particular topic to do so.
Commissioners Davis and O'Bryan wanted to have the County's presentation on the
CRA's include specific details on the program's impact on the County's General Fund. In
addition, Commissioner O'Bryan suggested changing the name of "Florida Retirement System
Defined Benefit "to "Florida Retirement System Defined Contribution."
Chairman Solari wanted to express the County's opposition to not only the SJRWMD's
irrigation ordinance, but to all of SJRWMD's proposed ordinances that would infringe upon
residents' private property rights.
28
November 16, 2010
Vice Chairman Wheeler wanted to see unfunded mandates to local governments
addressed at the State level, stressing that the State should pay for such mandates.
Administrator Baird confirmed for Commissioner Davis that there would be no
legislative changes to the County's procedure of having the Clerk of the Circuit Court oversee
the County's funds.
The Board CONSENSUS was to approve the roster of
topics, and to allow any Commissioner who desired to
make a presentation to do so.
The Chairman called a break at 10:36 a.m. and reconvened the meeting at 10:51 a.m.,
with all members present.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONDEMNATION, DEMOLITION, AND REMOVAL OF UNSAFE
STRUCTURES
Jose Guanch, Building Official, provided description, conditions, and analysis pertaining
to staff's request for the Board to consider condemnation, demolition, and removal of an unsafe
structure consisting of six buildings and 55 units located at 4730 40th Avenue, known as Gifford
Gardens Apartments. He used a PowerPoint presentation (on file), to illustrate the unsafe,
unsanitary, and deteriorating conditions at the site; affirmed that the structures are a nuisance to
the community; and conveyed staffs recommendation for the Board to approve the demolition
of the Gifford Gardens Apartment buildings.
29
November 16, 2010
Vice Chairman Wheeler wanted to see unfunded mandates to local governments
addressed at the State level, stressing that the State should pay for such mandates.
Administrator Baird confirmed for Commissioner Davis that there would be no
legislative changes to the County's procedure of having the Clerk of the Circuit Court oversee
the County's funds.
The Board CONSENSUS was to approve the roster of
topics, and to allow any Commissioner who desired to
make a presentation to do so.
The Chairman called a break at 10:36 a.m. and reconvened the meeting at 10:51 a.m.,
with all members present.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONDEMNATION, DEMOLITION, AND REMOVAL OF UNSAFE
STRUCTURES
Jose Guanch, Building Official, provided description, conditions, and analysis pertaining
to staff's request for the Board to consider condemnation, demolition, and removal of an unsafe
structure consisting of six buildings and 55 units located at 4730 40th Avenue, known as Gifford
Gardens Apartments. He used a PowerPoint presentation (on file), to illustrate the unsafe,
unsanitary, and deteriorating conditions at the site; affirmed that the structures are a nuisance to
the community; and conveyed staffs recommendation for the Board to approve the demolition
of the Gifford Gardens Apartment buildings.
29
November 16, 2010
Vice Chairman Wheeler wanted to see unfunded mandates to local governments
addressed at the State level, stressing that the State should pay for such mandates.
Administrator Baird confirmed for Commissioner Davis that there would be no
legislative changes to the County's procedure of having the Clerk of the Circuit Court oversee
the County's funds.
The Board CONSENSUS was to approve the roster of
topics, and to allow any Commissioner who desired to
make a presentation to do so.
The Chairman called a break at 10:36 a.m. and reconvened the meeting at 10:51 a.m.,
with all members present.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONDEMNATION, DEMOLITION, AND REMOVAL OF UNSAFE
STRUCTURES
Jose Guanch, Building Official, provided description, conditions, and analysis pertaining
to staff's request for the Board to consider condemnation, demolition, and removal of an unsafe
structure consisting of six buildings and 55 units located at 4730 40th Avenue, known as Gifford
Gardens Apartments. He used a PowerPoint presentation (on file), to illustrate the unsafe,
unsanitary, and deteriorating conditions at the site; affirmed that the structures are a nuisance to
the community; and conveyed staffs recommendation for the Board to approve the demolition
of the Gifford Gardens Apartment buildings.
29
November 16, 2010
(Clerk's Note: the second property proposed to be demolished is mentioned later in the
meeting by Deputy County Attorney Bill DeBraal).
Responding to Commissioner Davis's query, Attorney Polackwich explained that City
National Bank holds the mortgage and note on the property, has entered ajudgment against the
property owner, and will in the near future hold a foreclosure sale. He said that City National
had provided a proposal to the County for boarding and fencing the subject property, but it was
contingent upon the County taking no action relative to the condemnation order which it has
imposed.
Discussion followed, during which it was established that the effective date for the
County's lien, which would be imposed to recover the cost of demolition, would be the date of
the recording of the document.
Chairman Solari wished to establish for the record that everyone's property rights have
been respected. He further remarked that the Gifford Gardens site is clearly hazardous to the
public and emergency personnel, and a blight on the neighborhood. He viewed City National's
estimate of $1 million to secure the property as vastly understated and supported proceeding with
the demolition as soon as legally possibly.
The following persons appeared before the Commission with commentary and arguments
imploring the Board to approve the demolition of the Gifford Gardens property:
Julianne Price, Indian River County Health Department
Freddie Woolfork, 4590 57th Avenue
Tony Brown, President, Indian River County, NAACP
Deputy Sheriff Roberta Barker
Bob Johnson, Coral Wind Subdivision, suggested that the property be used for Habitat
for Humanity.
30
November 16, 2010
(Clerk's Note: the second property proposed to be demolished is mentioned later in the
meeting by Deputy County Attorney Bill DeBraal).
Responding to Commissioner Davis's query, Attorney Polackwich explained that City
National Bank holds the mortgage and note on the property, has entered ajudgment against the
property owner, and will in the near future hold a foreclosure sale. He said that City National
had provided a proposal to the County for boarding and fencing the subject property, but it was
contingent upon the County taking no action relative to the condemnation order which it has
imposed.
Discussion followed, during which it was established that the effective date for the
County's lien, which would be imposed to recover the cost of demolition, would be the date of
the recording of the document.
Chairman Solari wished to establish for the record that everyone's property rights have
been respected. He further remarked that the Gifford Gardens site is clearly hazardous to the
public and emergency personnel, and a blight on the neighborhood. He viewed City National's
estimate of $1 million to secure the property as vastly understated and supported proceeding with
the demolition as soon as legally possibly.
The following persons appeared before the Commission with commentary and arguments
imploring the Board to approve the demolition of the Gifford Gardens property:
Julianne Price, Indian River County Health Department
Freddie Woolfork, 4590 57th Avenue
Tony Brown, President, Indian River County, NAACP
Deputy Sheriff Roberta Barker
Bob Johnson, Coral Wind Subdivision, suggested that the property be used for Habitat
for Humanity.
30
November 16, 2010
(Clerk's Note: the second property proposed to be demolished is mentioned later in the
meeting by Deputy County Attorney Bill DeBraal).
Responding to Commissioner Davis's query, Attorney Polackwich explained that City
National Bank holds the mortgage and note on the property, has entered ajudgment against the
property owner, and will in the near future hold a foreclosure sale. He said that City National
had provided a proposal to the County for boarding and fencing the subject property, but it was
contingent upon the County taking no action relative to the condemnation order which it has
imposed.
Discussion followed, during which it was established that the effective date for the
County's lien, which would be imposed to recover the cost of demolition, would be the date of
the recording of the document.
Chairman Solari wished to establish for the record that everyone's property rights have
been respected. He further remarked that the Gifford Gardens site is clearly hazardous to the
public and emergency personnel, and a blight on the neighborhood. He viewed City National's
estimate of $1 million to secure the property as vastly understated and supported proceeding with
the demolition as soon as legally possibly.
The following persons appeared before the Commission with commentary and arguments
imploring the Board to approve the demolition of the Gifford Gardens property:
Julianne Price, Indian River County Health Department
Freddie Woolfork, 4590 57th Avenue
Tony Brown, President, Indian River County, NAACP
Deputy Sheriff Roberta Barker
Bob Johnson, Coral Wind Subdivision, suggested that the property be used for Habitat
for Humanity.
30
November 16, 2010
Mr. Johnson's suggestion was considered, but due to the extensive cost of rehabbing the
property, it was felt that Habitat could not make use of the property.
Commissioner Flescher relayed that when he was in law enforcement, he had responded
to the Gifford Gardens site many times, and thanked everyone who has been working over the
years to affect a cleanup of this property.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman Solari, to: approve staffs
recommendation.
Attorney Polackwich suggested adding language to the proposed Resolution, stating that
the matter come back for actual imposition of the lien once the costs on the demolition of Gifford
Gardens Apartments are known.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Chairman Solari, to approve staff's
recommendation, with an amendment to the proposed
resolution to include language regarding imposing the lien
for Gifford Gardens, located at 4730 40th Avenue, once
the costs are known.
Attorney DeBraal noted for the record, that the County Building inspectors had inspected
every apartment at Gifford Gardens. He also pointed out an additional unsafe structure, located
at 4230 29th Avenue has been included in the resolution for demolition.
Attorney Polackwich clarified that the additional language about the lien pertained only
to the Gifford Gardens property.
31
November 16, 2010
Mr. Johnson's suggestion was considered, but due to the extensive cost of rehabbing the
property, it was felt that Habitat could not make use of the property.
Commissioner Flescher relayed that when he was in law enforcement, he had responded
to the Gifford Gardens site many times, and thanked everyone who has been working over the
years to affect a cleanup of this property.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman Solari, to: approve staffs
recommendation.
Attorney Polackwich suggested adding language to the proposed Resolution, stating that
the matter come back for actual imposition of the lien once the costs on the demolition of Gifford
Gardens Apartments are known.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Chairman Solari, to approve staff's
recommendation, with an amendment to the proposed
resolution to include language regarding imposing the lien
for Gifford Gardens, located at 4730 40th Avenue, once
the costs are known.
Attorney DeBraal noted for the record, that the County Building inspectors had inspected
every apartment at Gifford Gardens. He also pointed out an additional unsafe structure, located
at 4230 29th Avenue has been included in the resolution for demolition.
Attorney Polackwich clarified that the additional language about the lien pertained only
to the Gifford Gardens property.
31
November 16, 2010
Mr. Johnson's suggestion was considered, but due to the extensive cost of rehabbing the
property, it was felt that Habitat could not make use of the property.
Commissioner Flescher relayed that when he was in law enforcement, he had responded
to the Gifford Gardens site many times, and thanked everyone who has been working over the
years to affect a cleanup of this property.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman Solari, to: approve staffs
recommendation.
Attorney Polackwich suggested adding language to the proposed Resolution, stating that
the matter come back for actual imposition of the lien once the costs on the demolition of Gifford
Gardens Apartments are known.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Chairman Solari, to approve staff's
recommendation, with an amendment to the proposed
resolution to include language regarding imposing the lien
for Gifford Gardens, located at 4730 40th Avenue, once
the costs are known.
Attorney DeBraal noted for the record, that the County Building inspectors had inspected
every apartment at Gifford Gardens. He also pointed out an additional unsafe structure, located
at 4230 29th Avenue has been included in the resolution for demolition.
Attorney Polackwich clarified that the additional language about the lien pertained only
to the Gifford Gardens property.
31
November 16, 2010
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board unanimously:
(1) declared the subject structures, located at 4730 40th
Avenue and 4230 29th Avenue, unsafe and a nuisance and
ordered the buildings demolished, with related debris
removed from the property by a private vendor approved
through standard bid procedures; and (2) approved
Resolution 2010-114, as amended to impose the lien for
Gifford Gardens, located at 4730 40`h Avenue, once the
costs are known, providing for the demolition of unsafe
structures and the recovery of costs. (LLC [ADR] & A to
Z Home Management, 4730 40th Avenue; and Lufleta
Battle & Will Battle, 4230 29th Avenue).
12.A.2. REQUEST To AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ASSISTANCE
PLAN
Community Development Director Robert Keating recapped staff's memorandum of
November 5, 2010, providing background and conditions pertaining to staff's request to update
the Neighborhood Stabilization Program Community Development Block Grant (NSP CDBG)
Housing Assistance Plan (HAP). He stated that the County's rental and resale partners in the
program are the Treasure Coast Homeless Services Council, Inc. (TCHSC), and the Indian River
County Housing Authority, respectively. Director Keating divulged that the principal changes
needed to the Housing Assistance Plan are as follows:
32
November 16, 2010
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board unanimously:
(1) declared the subject structures, located at 4730 40th
Avenue and 4230 29th Avenue, unsafe and a nuisance and
ordered the buildings demolished, with related debris
removed from the property by a private vendor approved
through standard bid procedures; and (2) approved
Resolution 2010-114, as amended to impose the lien for
Gifford Gardens, located at 4730 40`h Avenue, once the
costs are known, providing for the demolition of unsafe
structures and the recovery of costs. (LLC [ADR] & A to
Z Home Management, 4730 40th Avenue; and Lufleta
Battle & Will Battle, 4230 29th Avenue).
12.A.2. REQUEST To AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ASSISTANCE
PLAN
Community Development Director Robert Keating recapped staff's memorandum of
November 5, 2010, providing background and conditions pertaining to staff's request to update
the Neighborhood Stabilization Program Community Development Block Grant (NSP CDBG)
Housing Assistance Plan (HAP). He stated that the County's rental and resale partners in the
program are the Treasure Coast Homeless Services Council, Inc. (TCHSC), and the Indian River
County Housing Authority, respectively. Director Keating divulged that the principal changes
needed to the Housing Assistance Plan are as follows:
32
November 16, 2010
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board unanimously:
(1) declared the subject structures, located at 4730 40th
Avenue and 4230 29th Avenue, unsafe and a nuisance and
ordered the buildings demolished, with related debris
removed from the property by a private vendor approved
through standard bid procedures; and (2) approved
Resolution 2010-114, as amended to impose the lien for
Gifford Gardens, located at 4730 40`h Avenue, once the
costs are known, providing for the demolition of unsafe
structures and the recovery of costs. (LLC [ADR] & A to
Z Home Management, 4730 40th Avenue; and Lufleta
Battle & Will Battle, 4230 29th Avenue).
12.A.2. REQUEST To AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ASSISTANCE
PLAN
Community Development Director Robert Keating recapped staff's memorandum of
November 5, 2010, providing background and conditions pertaining to staff's request to update
the Neighborhood Stabilization Program Community Development Block Grant (NSP CDBG)
Housing Assistance Plan (HAP). He stated that the County's rental and resale partners in the
program are the Treasure Coast Homeless Services Council, Inc. (TCHSC), and the Indian River
County Housing Authority, respectively. Director Keating divulged that the principal changes
needed to the Housing Assistance Plan are as follows:
32
November 16, 2010
1. Conflict of Interest Procedures
Director Keating stated that in addition to the information in his report, he had received
an email on November 15, 2010 from the Department of Community Affairs (DCA),
emphasizing the importance of addressing the conflict of interest issue.
He declared that the proposed amendments to the HAP would allow for conflict of
interest disclosure, while addressing the TCHSC's concerns about confidentiality and public
disclosure of the names of the qualifying applicants of the properties.
2. Resale Procedures for Housing Authority Units
Director Keating conveyed that the proposed amendments to the HAP would add details
regarding the housing resale activity, such as how the applicants are selected and how they
would in turn, choose among the available housing units; how the County would allocate the
housing units among the applicants; and how much financial assistance would be provided by the
County to purchasers.
Discussion ensued regarding whether the Conflict of Interest matter needed to be
resolved today. The Board CONSENSUS was to separate the two issues to allow the Resale
Procedure amendments to go forward, while allowing time to get feedback from Louise
Hubbard, TCHSC, on the conflict of interest issue.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to handle
separately the two issues pertaining to the proposed
amendments to the Neighborhood Stabilization Program
Community Development Block Grant Housing
Assistance Plan, as follows: (1) Conflict of Interest
33
November 16, 2010
1. Conflict of Interest Procedures
Director Keating stated that in addition to the information in his report, he had received
an email on November 15, 2010 from the Department of Community Affairs (DCA),
emphasizing the importance of addressing the conflict of interest issue.
He declared that the proposed amendments to the HAP would allow for conflict of
interest disclosure, while addressing the TCHSC's concerns about confidentiality and public
disclosure of the names of the qualifying applicants of the properties.
2. Resale Procedures for Housing Authority Units
Director Keating conveyed that the proposed amendments to the HAP would add details
regarding the housing resale activity, such as how the applicants are selected and how they
would in turn, choose among the available housing units; how the County would allocate the
housing units among the applicants; and how much financial assistance would be provided by the
County to purchasers.
Discussion ensued regarding whether the Conflict of Interest matter needed to be
resolved today. The Board CONSENSUS was to separate the two issues to allow the Resale
Procedure amendments to go forward, while allowing time to get feedback from Louise
Hubbard, TCHSC, on the conflict of interest issue.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to handle
separately the two issues pertaining to the proposed
amendments to the Neighborhood Stabilization Program
Community Development Block Grant Housing
Assistance Plan, as follows: (1) Conflict of Interest
33
November 16, 2010
1. Conflict of Interest Procedures
Director Keating stated that in addition to the information in his report, he had received
an email on November 15, 2010 from the Department of Community Affairs (DCA),
emphasizing the importance of addressing the conflict of interest issue.
He declared that the proposed amendments to the HAP would allow for conflict of
interest disclosure, while addressing the TCHSC's concerns about confidentiality and public
disclosure of the names of the qualifying applicants of the properties.
2. Resale Procedures for Housing Authority Units
Director Keating conveyed that the proposed amendments to the HAP would add details
regarding the housing resale activity, such as how the applicants are selected and how they
would in turn, choose among the available housing units; how the County would allocate the
housing units among the applicants; and how much financial assistance would be provided by the
County to purchasers.
Discussion ensued regarding whether the Conflict of Interest matter needed to be
resolved today. The Board CONSENSUS was to separate the two issues to allow the Resale
Procedure amendments to go forward, while allowing time to get feedback from Louise
Hubbard, TCHSC, on the conflict of interest issue.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to handle
separately the two issues pertaining to the proposed
amendments to the Neighborhood Stabilization Program
Community Development Block Grant Housing
Assistance Plan, as follows: (1) Conflict of Interest
33
November 16, 2010
Requirements, and (2) Resale Procedures for Housing
Authority Units.
Commissioner O'Bryan emphasized the need to have a full disclosure of any conflicts of
interest declared by the Board, once the applicant closes on the property.
Fred Fox, CDBG Consultant explained that DCA has a waiver process which would
allow the applicant to go forward with the rental or purchase of the property, if he or she is
granted the waiver. He stressed the importance of having the conflict of interests disclosed early
in the rental/resale process.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved to
handle separately the two issues pertaining to the proposed
amendments to the Neighborhood Stabilization Program
Community Development Block Grant Housing
Assistance Plan, as follows: (1) Conflict of Interest
Requirements, and (2) Resale Procedures for Housing
Authority Units.
Louise Hubbard, Executive Director, Treasure Coast Homeless Services Council,
explained the necessity to keep confidential the names of the rental applicants. She asked the
Board to allow her some time to work with planning staff and DCA, and to review the HAP.
After a brief consultation with staff, and additional input from Ms. Hubbard, the Board
CONSENSUS was to defer the vote on the conflict of interest amendments, contingent upon
TCHSC not renting any more units until this matter has been resolved.
34
November 16, 2010
Requirements, and (2) Resale Procedures for Housing
Authority Units.
Commissioner O'Bryan emphasized the need to have a full disclosure of any conflicts of
interest declared by the Board, once the applicant closes on the property.
Fred Fox, CDBG Consultant explained that DCA has a waiver process which would
allow the applicant to go forward with the rental or purchase of the property, if he or she is
granted the waiver. He stressed the importance of having the conflict of interests disclosed early
in the rental/resale process.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved to
handle separately the two issues pertaining to the proposed
amendments to the Neighborhood Stabilization Program
Community Development Block Grant Housing
Assistance Plan, as follows: (1) Conflict of Interest
Requirements, and (2) Resale Procedures for Housing
Authority Units.
Louise Hubbard, Executive Director, Treasure Coast Homeless Services Council,
explained the necessity to keep confidential the names of the rental applicants. She asked the
Board to allow her some time to work with planning staff and DCA, and to review the HAP.
After a brief consultation with staff, and additional input from Ms. Hubbard, the Board
CONSENSUS was to defer the vote on the conflict of interest amendments, contingent upon
TCHSC not renting any more units until this matter has been resolved.
34
November 16, 2010
Requirements, and (2) Resale Procedures for Housing
Authority Units.
Commissioner O'Bryan emphasized the need to have a full disclosure of any conflicts of
interest declared by the Board, once the applicant closes on the property.
Fred Fox, CDBG Consultant explained that DCA has a waiver process which would
allow the applicant to go forward with the rental or purchase of the property, if he or she is
granted the waiver. He stressed the importance of having the conflict of interests disclosed early
in the rental/resale process.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved to
handle separately the two issues pertaining to the proposed
amendments to the Neighborhood Stabilization Program
Community Development Block Grant Housing
Assistance Plan, as follows: (1) Conflict of Interest
Requirements, and (2) Resale Procedures for Housing
Authority Units.
Louise Hubbard, Executive Director, Treasure Coast Homeless Services Council,
explained the necessity to keep confidential the names of the rental applicants. She asked the
Board to allow her some time to work with planning staff and DCA, and to review the HAP.
After a brief consultation with staff, and additional input from Ms. Hubbard, the Board
CONSENSUS was to defer the vote on the conflict of interest amendments, contingent upon
TCHSC not renting any more units until this matter has been resolved.
34
November 16, 2010
Commissioner O'Bryan asked Director Keating if he was comfortable delaying the
conflict of interest amendments until the next Board of County Commission meeting on
December 7, 2010.
Director Keating agreed with deferring the conflict of interest portion of the amendments
However, he told the Board that the Housing Authority was interested in proceeding with the
sale of units, and asked if the Board concurred with the proposed specifications regarding the
resale units, such as the percentages of assistance, and the process staff has established for
ranking the buyers.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Wheeler, to approve the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) for the Resale
Procedures for Housing Authority Units.
Director Keating addressed questions from Commissioner Davis on how the County's
mortgages on the resale units will be structured, and whether the resale units are available for
purchase when they are sold or whether they are deed restricted, and Ms. Hubbard responded to
questioning about whether the rental properties must remain so in perpetuity.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) for the Resale
Procedures for Housing Authority Units.
35
November 16, 2010
Commissioner O'Bryan asked Director Keating if he was comfortable delaying the
conflict of interest amendments until the next Board of County Commission meeting on
December 7, 2010.
Director Keating agreed with deferring the conflict of interest portion of the amendments
However, he told the Board that the Housing Authority was interested in proceeding with the
sale of units, and asked if the Board concurred with the proposed specifications regarding the
resale units, such as the percentages of assistance, and the process staff has established for
ranking the buyers.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Wheeler, to approve the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) for the Resale
Procedures for Housing Authority Units.
Director Keating addressed questions from Commissioner Davis on how the County's
mortgages on the resale units will be structured, and whether the resale units are available for
purchase when they are sold or whether they are deed restricted, and Ms. Hubbard responded to
questioning about whether the rental properties must remain so in perpetuity.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) for the Resale
Procedures for Housing Authority Units.
35
November 16, 2010
Commissioner O'Bryan asked Director Keating if he was comfortable delaying the
conflict of interest amendments until the next Board of County Commission meeting on
December 7, 2010.
Director Keating agreed with deferring the conflict of interest portion of the amendments
However, he told the Board that the Housing Authority was interested in proceeding with the
sale of units, and asked if the Board concurred with the proposed specifications regarding the
resale units, such as the percentages of assistance, and the process staff has established for
ranking the buyers.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Wheeler, to approve the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) for the Resale
Procedures for Housing Authority Units.
Director Keating addressed questions from Commissioner Davis on how the County's
mortgages on the resale units will be structured, and whether the resale units are available for
purchase when they are sold or whether they are deed restricted, and Ms. Hubbard responded to
questioning about whether the rental properties must remain so in perpetuity.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) for the Resale
Procedures for Housing Authority Units.
35
November 16, 2010
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, to TABLE until
a time certain of December 7, 2010, further action on the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) pertaining to the
Conflict of Interest/Confidentiality Issues.
Chairman Solari directed the County Attorney to work with Community Development
and the Treasure Coast Regional Planning Council on the Conflict of Interest and Confidentiality
issues.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board TABLED until a
time certain of December 7, 2010, further action on the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) pertaining to the
Conflict of Interest Requirements.
The Chairman called a break at 11:55 a.m., and reconvened the meeting at 12:06 p.m.,
with all members present.
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES -NONE
12.E. HUMAN SERVICES -NONE
November 16, 2010
36
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, to TABLE until
a time certain of December 7, 2010, further action on the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) pertaining to the
Conflict of Interest/Confidentiality Issues.
Chairman Solari directed the County Attorney to work with Community Development
and the Treasure Coast Regional Planning Council on the Conflict of Interest and Confidentiality
issues.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board TABLED until a
time certain of December 7, 2010, further action on the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) pertaining to the
Conflict of Interest Requirements.
The Chairman called a break at 11:55 a.m., and reconvened the meeting at 12:06 p.m.,
with all members present.
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES -NONE
12.E. HUMAN SERVICES -NONE
November 16, 2010
36
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, to TABLE until
a time certain of December 7, 2010, further action on the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) pertaining to the
Conflict of Interest/Confidentiality Issues.
Chairman Solari directed the County Attorney to work with Community Development
and the Treasure Coast Regional Planning Council on the Conflict of Interest and Confidentiality
issues.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board TABLED until a
time certain of December 7, 2010, further action on the
proposed amendments to the Neighborhood Stabilization
Program (NSP) Community Development Block Grant
(CDBG) Housing Assistance Plan (HAP) pertaining to the
Conflict of Interest Requirements.
The Chairman called a break at 11:55 a.m., and reconvened the meeting at 12:06 p.m.,
with all members present.
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES -NONE
12.E. HUMAN SERVICES -NONE
November 16, 2010
36
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.I. PUBLIC WORKS -NONE
12.J. UTILITIES SERVICES -NONE
13. COUNTY ATTORNEY MATTERS -NONE
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN
14.A.1. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE
(CEDS)
Commissioner O'Bryan reported that the Treasure Coast Regional Planning Council
(TCRPC) had requested that each Commissioner ratify for the January 2011 through December
2012 term, the current appointments to the Treasure Coast Regional Planning Council TCRPC
Comprehensive Economic Development Strategy Committee (CEDS), as follows: District 1 —
Raymond Coniglio; District 2 - Rich Stringer; District 3 —Helene Caseltine; District 4 —Randy
Riley; and District 5 —Andrew Kennedy, or make new appointments. He observed that the
Commissioners could notify the TCRPC or the County Administrator of their choices.
ADDITION: 14.A.2. ESCARPMENT LOCATED AT DISNEY'S VERO BEACH RESORT
37
November 16, 2010
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.I. PUBLIC WORKS -NONE
12.J. UTILITIES SERVICES -NONE
13. COUNTY ATTORNEY MATTERS -NONE
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN
14.A.1. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE
(CEDS)
Commissioner O'Bryan reported that the Treasure Coast Regional Planning Council
(TCRPC) had requested that each Commissioner ratify for the January 2011 through December
2012 term, the current appointments to the Treasure Coast Regional Planning Council TCRPC
Comprehensive Economic Development Strategy Committee (CEDS), as follows: District 1 —
Raymond Coniglio; District 2 - Rich Stringer; District 3 —Helene Caseltine; District 4 —Randy
Riley; and District 5 —Andrew Kennedy, or make new appointments. He observed that the
Commissioners could notify the TCRPC or the County Administrator of their choices.
ADDITION: 14.A.2. ESCARPMENT LOCATED AT DISNEY'S VERO BEACH RESORT
37
November 16, 2010
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.I. PUBLIC WORKS -NONE
12.J. UTILITIES SERVICES -NONE
13. COUNTY ATTORNEY MATTERS -NONE
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN
14.A.1. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE
(CEDS)
Commissioner O'Bryan reported that the Treasure Coast Regional Planning Council
(TCRPC) had requested that each Commissioner ratify for the January 2011 through December
2012 term, the current appointments to the Treasure Coast Regional Planning Council TCRPC
Comprehensive Economic Development Strategy Committee (CEDS), as follows: District 1 —
Raymond Coniglio; District 2 - Rich Stringer; District 3 —Helene Caseltine; District 4 —Randy
Riley; and District 5 —Andrew Kennedy, or make new appointments. He observed that the
Commissioners could notify the TCRPC or the County Administrator of their choices.
ADDITION: 14.A.2. ESCARPMENT LOCATED AT DISNEY'S VERO BEACH RESORT
37
November 16, 2010
Commissioner O'Bryan relayed that staff had notified him of ten (10) to twelve (12) foot
escarpments that have arisen in portions of the Sector 3 — Phase 1 project area including the area
along Disney's Vero Resort. He recapped staff's memorandum of November 16, 2010 to provide
details regarding the situation's impact on the Resort and the area's economy, and asked the
Board to authorize staff to hire a contractor to level the escarpments.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Davis, the Board unanimously
authorized staff to hire a contractor to correct the
escarpments along the shoreline adjacent to the crosswalk
of the Disney Vero Beach Resort, as requested in the
memorandum of November 16, 2010.
14.B. COMMISSIONER BOB SOLARI
14.B.1. LETTER TO GOVERNOR
Chairman Solari asked fellow Board members if they wished to send a letter to Governor -
Elect Rick Scott, congratulating him on his election and mentioning some items on which the
Board wanted him to work.
Discussion ensued, after which the Board CONSENSUS was to include in the letter, the
County's desire for Governor -Elect Scott to explore the following:
• Smaller Government, including striving to keep local decisions at a local level,
particularly in relation to property taxes
• Consolidation of County and State services if there is an overlap, and where
applicable
• Reduction of bureaucracy
38
November 16, 2010
Commissioner O'Bryan relayed that staff had notified him of ten (10) to twelve (12) foot
escarpments that have arisen in portions of the Sector 3 — Phase 1 project area including the area
along Disney's Vero Resort. He recapped staff's memorandum of November 16, 2010 to provide
details regarding the situation's impact on the Resort and the area's economy, and asked the
Board to authorize staff to hire a contractor to level the escarpments.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Davis, the Board unanimously
authorized staff to hire a contractor to correct the
escarpments along the shoreline adjacent to the crosswalk
of the Disney Vero Beach Resort, as requested in the
memorandum of November 16, 2010.
14.B. COMMISSIONER BOB SOLARI
14.B.1. LETTER TO GOVERNOR
Chairman Solari asked fellow Board members if they wished to send a letter to Governor -
Elect Rick Scott, congratulating him on his election and mentioning some items on which the
Board wanted him to work.
Discussion ensued, after which the Board CONSENSUS was to include in the letter, the
County's desire for Governor -Elect Scott to explore the following:
• Smaller Government, including striving to keep local decisions at a local level,
particularly in relation to property taxes
• Consolidation of County and State services if there is an overlap, and where
applicable
• Reduction of bureaucracy
38
November 16, 2010
Commissioner O'Bryan relayed that staff had notified him of ten (10) to twelve (12) foot
escarpments that have arisen in portions of the Sector 3 — Phase 1 project area including the area
along Disney's Vero Resort. He recapped staff's memorandum of November 16, 2010 to provide
details regarding the situation's impact on the Resort and the area's economy, and asked the
Board to authorize staff to hire a contractor to level the escarpments.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Davis, the Board unanimously
authorized staff to hire a contractor to correct the
escarpments along the shoreline adjacent to the crosswalk
of the Disney Vero Beach Resort, as requested in the
memorandum of November 16, 2010.
14.B. COMMISSIONER BOB SOLARI
14.B.1. LETTER TO GOVERNOR
Chairman Solari asked fellow Board members if they wished to send a letter to Governor -
Elect Rick Scott, congratulating him on his election and mentioning some items on which the
Board wanted him to work.
Discussion ensued, after which the Board CONSENSUS was to include in the letter, the
County's desire for Governor -Elect Scott to explore the following:
• Smaller Government, including striving to keep local decisions at a local level,
particularly in relation to property taxes
• Consolidation of County and State services if there is an overlap, and where
applicable
• Reduction of bureaucracy
38
November 16, 2010
Vice Chairman Wheeler cautioned that any consolidation of County and State services
should be carefully evaluated. He provided the example of the need in law enforcement to have
both the Sheriff, and local and State Police Departments.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Davis, the Board unanimously
approved and authorized the Chairman to execute a letter
to Governor -Elect Rick Scott, to remind the Governor -
Elect of his declaration of intent to keep local decisions at
a local level, particularly in relation to property taxes;
establish that the County and Governor -Elect Scott share a
desire for a smaller government; and confirm the
County's willingness to work with him to reduce
bureaucracy, and to consolidate and prevent duplication
of government services.
14.B.2. HB 697 FOLLOW-UP
Chairman Solari recalled that when the Board adopted the EAR based Amendments to
the 2020 Comprehensive Plan on October 12, 2010, staff had to comply with the Department of
Community Affairs' (DCA) directive to establish, in accordance with HB697, an Energy
Conservation Map in the County's Future Land Use Element. He believed there is another
example of future State interference with local government and an indicator of possible future
problems in DCA's Notice of Proposed Rule", Future Land Use Element, Section 9J -5.006(i)
Items 1-5 (see page 375 of the agenda packet), where the verbiage favors design standards
utilizing higher densities, a policy direction not in accordance with the County's.
No Board Action Required or Taken
39
November 16, 2010
Vice Chairman Wheeler cautioned that any consolidation of County and State services
should be carefully evaluated. He provided the example of the need in law enforcement to have
both the Sheriff, and local and State Police Departments.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Davis, the Board unanimously
approved and authorized the Chairman to execute a letter
to Governor -Elect Rick Scott, to remind the Governor -
Elect of his declaration of intent to keep local decisions at
a local level, particularly in relation to property taxes;
establish that the County and Governor -Elect Scott share a
desire for a smaller government; and confirm the
County's willingness to work with him to reduce
bureaucracy, and to consolidate and prevent duplication
of government services.
14.B.2. HB 697 FOLLOW-UP
Chairman Solari recalled that when the Board adopted the EAR based Amendments to
the 2020 Comprehensive Plan on October 12, 2010, staff had to comply with the Department of
Community Affairs' (DCA) directive to establish, in accordance with HB697, an Energy
Conservation Map in the County's Future Land Use Element. He believed there is another
example of future State interference with local government and an indicator of possible future
problems in DCA's Notice of Proposed Rule", Future Land Use Element, Section 9J -5.006(i)
Items 1-5 (see page 375 of the agenda packet), where the verbiage favors design standards
utilizing higher densities, a policy direction not in accordance with the County's.
No Board Action Required or Taken
39
November 16, 2010
Vice Chairman Wheeler cautioned that any consolidation of County and State services
should be carefully evaluated. He provided the example of the need in law enforcement to have
both the Sheriff, and local and State Police Departments.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Davis, the Board unanimously
approved and authorized the Chairman to execute a letter
to Governor -Elect Rick Scott, to remind the Governor -
Elect of his declaration of intent to keep local decisions at
a local level, particularly in relation to property taxes;
establish that the County and Governor -Elect Scott share a
desire for a smaller government; and confirm the
County's willingness to work with him to reduce
bureaucracy, and to consolidate and prevent duplication
of government services.
14.B.2. HB 697 FOLLOW-UP
Chairman Solari recalled that when the Board adopted the EAR based Amendments to
the 2020 Comprehensive Plan on October 12, 2010, staff had to comply with the Department of
Community Affairs' (DCA) directive to establish, in accordance with HB697, an Energy
Conservation Map in the County's Future Land Use Element. He believed there is another
example of future State interference with local government and an indicator of possible future
problems in DCA's Notice of Proposed Rule", Future Land Use Element, Section 9J -5.006(i)
Items 1-5 (see page 375 of the agenda packet), where the verbiage favors design standards
utilizing higher densities, a policy direction not in accordance with the County's.
No Board Action Required or Taken
39
November 16, 2010
14. C. COMMISSIONER WESLEY S. DAVIS
14. C.1. TOWN OF INDIAN RIVER SHORES - WATER, WASTEWATER AND
RECLAIMED WATER
Commissioner Davis addressed fellow Commissioners about a recent request from the
Town of Indian River Shores (the Town) for the County to explore the possibility of providing
water, wastewater, and reclaimed water services to the Town. He recalled that the Town has an
existing franchise with the City of Vero Beach (the City) which does not expire until 2016, and
believed the Board currently has two options: (1) to defer discussion/negotiations on possible
franchise opportunities until 2016; or (2) to solicit permission from the City to allow the County
to engage in dialogue with the Town on water, wastewater, and reclaimed water services.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to direct the
County Attorney to draft an agreement wherein the City of
Vero Beach would affirm the County was not in violation
of the existing franchise by entering into dialogue with the
Town of Indian River Shores regarding the possible
provision by the County of water, wastewater, and
reclaimed water services to the Town.
A lengthy discussion/debate followed, during which Commissioners Flescher, O'Bryan,
and Wheeler expressed support for Commissioner Davis's request.
40
November 16, 2010
14. C. COMMISSIONER WESLEY S. DAVIS
14. C.1. TOWN OF INDIAN RIVER SHORES - WATER, WASTEWATER AND
RECLAIMED WATER
Commissioner Davis addressed fellow Commissioners about a recent request from the
Town of Indian River Shores (the Town) for the County to explore the possibility of providing
water, wastewater, and reclaimed water services to the Town. He recalled that the Town has an
existing franchise with the City of Vero Beach (the City) which does not expire until 2016, and
believed the Board currently has two options: (1) to defer discussion/negotiations on possible
franchise opportunities until 2016; or (2) to solicit permission from the City to allow the County
to engage in dialogue with the Town on water, wastewater, and reclaimed water services.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to direct the
County Attorney to draft an agreement wherein the City of
Vero Beach would affirm the County was not in violation
of the existing franchise by entering into dialogue with the
Town of Indian River Shores regarding the possible
provision by the County of water, wastewater, and
reclaimed water services to the Town.
A lengthy discussion/debate followed, during which Commissioners Flescher, O'Bryan,
and Wheeler expressed support for Commissioner Davis's request.
40
November 16, 2010
14. C. COMMISSIONER WESLEY S. DAVIS
14. C.1. TOWN OF INDIAN RIVER SHORES - WATER, WASTEWATER AND
RECLAIMED WATER
Commissioner Davis addressed fellow Commissioners about a recent request from the
Town of Indian River Shores (the Town) for the County to explore the possibility of providing
water, wastewater, and reclaimed water services to the Town. He recalled that the Town has an
existing franchise with the City of Vero Beach (the City) which does not expire until 2016, and
believed the Board currently has two options: (1) to defer discussion/negotiations on possible
franchise opportunities until 2016; or (2) to solicit permission from the City to allow the County
to engage in dialogue with the Town on water, wastewater, and reclaimed water services.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to direct the
County Attorney to draft an agreement wherein the City of
Vero Beach would affirm the County was not in violation
of the existing franchise by entering into dialogue with the
Town of Indian River Shores regarding the possible
provision by the County of water, wastewater, and
reclaimed water services to the Town.
A lengthy discussion/debate followed, during which Commissioners Flescher, O'Bryan,
and Wheeler expressed support for Commissioner Davis's request.
40
November 16, 2010
Chairman Solari agreed that it would be appropriate to draft, but not send, the agreement
at this time. He wanted to give the new City Councilmembers time to get adjusted and study the
matter; he did not want the County involved in any potential conflict of interest resulting from
the City and the Town using the same consultant; and he wanted to see this issue be treated in an
open and transparent manner by the concerned parties before the County starts to dialogue with
the Shores.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Chairman Solari opposed), the Board authorized
staff to draft an agreement wherein the City of Vero Beach
would affirm the County was not in violation of the
existing franchise by entering into dialogue with the Town
of Indian River Shores regarding the possible provision by
the County of water, wastewater, and reclaimed water
services to the Town.
Attorney Polackwich clarified that the Board's direction was for him to draft and send the
agreement to the City of Vero Beach.
14.D. COMMISSIONER 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
41
November 16, 2010
Chairman Solari agreed that it would be appropriate to draft, but not send, the agreement
at this time. He wanted to give the new City Councilmembers time to get adjusted and study the
matter; he did not want the County involved in any potential conflict of interest resulting from
the City and the Town using the same consultant; and he wanted to see this issue be treated in an
open and transparent manner by the concerned parties before the County starts to dialogue with
the Shores.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Chairman Solari opposed), the Board authorized
staff to draft an agreement wherein the City of Vero Beach
would affirm the County was not in violation of the
existing franchise by entering into dialogue with the Town
of Indian River Shores regarding the possible provision by
the County of water, wastewater, and reclaimed water
services to the Town.
Attorney Polackwich clarified that the Board's direction was for him to draft and send the
agreement to the City of Vero Beach.
14.D. COMMISSIONER 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
41
November 16, 2010
Chairman Solari agreed that it would be appropriate to draft, but not send, the agreement
at this time. He wanted to give the new City Councilmembers time to get adjusted and study the
matter; he did not want the County involved in any potential conflict of interest resulting from
the City and the Town using the same consultant; and he wanted to see this issue be treated in an
open and transparent manner by the concerned parties before the County starts to dialogue with
the Shores.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Chairman Solari opposed), the Board authorized
staff to draft an agreement wherein the City of Vero Beach
would affirm the County was not in violation of the
existing franchise by entering into dialogue with the Town
of Indian River Shores regarding the possible provision by
the County of water, wastewater, and reclaimed water
services to the Town.
Attorney Polackwich clarified that the Board's direction was for him to draft and send the
agreement to the City of Vero Beach.
14.D. COMMISSIONER 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
41
November 16, 2010
The Chairman announced that immediately upon adjournment of the Regular Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately.
15.B. 1. BID AWARD FOR SOLID WASTE OPERATIONS AND MAINTENANCE
(RFB2011003)
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 12:24
p.m.
42
November 16, 2010
The Chairman announced that immediately upon adjournment of the Regular Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately.
15.B. 1. BID AWARD FOR SOLID WASTE OPERATIONS AND MAINTENANCE
(RFB2011003)
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 12:24
p.m.
42
November 16, 2010
The Chairman announced that immediately upon adjournment of the Regular Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately.
15.B. 1. BID AWARD FOR SOLID WASTE OPERATIONS AND MAINTENANCE
(RFB2011003)
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 12:24
p.m.
42
November 16, 2010
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: FEB 0 1 2011
BCC/MG/2010Minutes
November 16, 2010
Bob Solari, Chairman
43
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: FEB 0 1 2011
BCC/MG/2010Minutes
November 16, 2010
Bob Solari, Chairman
43
ATTEST:
Jeffrey K. Barton, Clerk Bob Solari, Chairman
Minutes Approved:
BCC/MG/2010Minutes
43
November 16, 2010
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: FEB 0 1 2011
BCC/MG/2010Minutes
November 16, 2010
Bob Solari, Chairman
43
3. PLEDGE OF ALLEGIANCE
Commissioner O'Bryan led the Pledge of Allegiance to the Flag.
OATH OF OFFICE BOARD OF COUNTY COMMISSION
Honorable Judge David C. Morgan, Indian River County
Indian River County Court Judge David C. Morgan administered the Oath of Office to re-
elected Commissioners Peter D. O'Bryan and Joseph E Flescher.
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
Commissioner O'Bryan invited County Attorney Alan S. Polackwich, Sr. to conduct the
election of Chairman of the Board of County Commissioners.
Attorney Polackwich opened the floor to nominations for Chairman.
Commissioner Wheeler nominated Commissioner Bob Solari for Chairman.
There being no other nominations, Attorney Polackwich called for a Motion to close the
nominations.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner O'Bryan, to close the
nominations.
2
November 16, 2010