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