HomeMy WebLinkAbout11/02/2010 (2)MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
TUESDAY, NOVEMBER 2, 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.
Deputy Teddy Floyd, Indian River County
Sheriff Office
Commissioner Joseph E Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Honoring Marie Combs on her Retirement
after Twenty -Eight Years of Service to the Tax Collector's Office and
Citizens of Indian River County
PAGE
1
B. Presentation of Proclamation Commemorating the Donation of the Rustin
Military Collection to the Genealogy Department of the Indian River County
Main Library
November 2, 2010
2
Page lof8
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
TUESDAY, NOVEMBER 2, 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.
Deputy Teddy Floyd, Indian River County
Sheriff Office
Commissioner Joseph E Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Honoring Marie Combs on her Retirement
after Twenty -Eight Years of Service to the Tax Collector's Office and
Citizens of Indian River County
PAGE
1
B. Presentation of Proclamation Commemorating the Donation of the Rustin
Military Collection to the Genealogy Department of the Indian River County
Main Library
November 2, 2010
2
Page lof8
6.
7.
APPROVAL OF MINUTES PAGE
A. Regular Meeting of September 1.4, 2010
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Rigby/Capital Sanitation Presentation to the Board of County
Commissioners
(memorandum dated October 26, 2010)
4-6
B. Fair Housing Annual Report
(memorandum dated October 25, 2010) 7-8
C. Geotechnical Services: Purchase Orders processed June 2, 2010 through
September 30, 2010
(memo' andum dated October 15, 2010)
9
D. Survey Services: Purchase Orders processed June 15, 2010 through
September 30, 2010 (Memo No. 4)
(memorandum dated October 15, 2010)
10-11
8. CONSENT AGENDA
A. Approval of Warrants and Wiles October 8, 2010 to October 14, 2010
(memorandum dated October 14, 2010) 12-19
B. Approval of Warrants and Wires October 15, 2010 to October 21, 2010
(memorandum dated October 21, 2010) 20-27
C. Right -of -Way Dedication for College Lane Extension by the District Board
of Trustees of Indian River State College
(memorandum dated October 25, 2010)
28-35
D. Request to Approve a Project Agreement with the Florida Inland Navigation
District for Public Access Improvements on the Flinn Tract of the Lagoon
Greenway
(memorandum dated October 14, 2010)
36-75
E. Letter of Support for Federal Grant for Biomass Research Using Algae From
Egret Marsh Regional Stormwater Park
(memorandum dated October 21, 2010)
76-78
F. Final Payment to Ecotech Consultants, Inc. for Planting at Spoonbill Marsh
Wetland Facility
(memorandum dated October 12, 2010)
November 2, 2010
79-81
Page 2 of 8
6.
7.
APPROVAL OF MINUTES PAGE
A. Regular Meeting of September 1.4, 2010
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Rigby/Capital Sanitation Presentation to the Board of County
Commissioners
(memorandum dated October 26, 2010)
4-6
B. Fair Housing Annual Report
(memorandum dated October 25, 2010) 7-8
C. Geotechnical Services: Purchase Orders processed June 2, 2010 through
September 30, 2010
(memo' andum dated October 15, 2010)
9
D. Survey Services: Purchase Orders processed June 15, 2010 through
September 30, 2010 (Memo No. 4)
(memorandum dated October 15, 2010)
10-11
8. CONSENT AGENDA
A. Approval of Warrants and Wiles October 8, 2010 to October 14, 2010
(memorandum dated October 14, 2010) 12-19
B. Approval of Warrants and Wires October 15, 2010 to October 21, 2010
(memorandum dated October 21, 2010) 20-27
C. Right -of -Way Dedication for College Lane Extension by the District Board
of Trustees of Indian River State College
(memorandum dated October 25, 2010)
28-35
D. Request to Approve a Project Agreement with the Florida Inland Navigation
District for Public Access Improvements on the Flinn Tract of the Lagoon
Greenway
(memorandum dated October 14, 2010)
36-75
E. Letter of Support for Federal Grant for Biomass Research Using Algae From
Egret Marsh Regional Stormwater Park
(memorandum dated October 21, 2010)
76-78
F. Final Payment to Ecotech Consultants, Inc. for Planting at Spoonbill Marsh
Wetland Facility
(memorandum dated October 12, 2010)
November 2, 2010
79-81
Page 2 of 8
8.
CONSENT AGENDA
G. Final Payment to Ecotech Consultants, Inc. for Lost Tree Islands
(memorandum dated October 12, 2010)
PAGE
H. Approval Worlc Order No. 1 with A.M. Engineering and Testing, Inc.
Providing Professional Geotechnical Services in Accordance with the
Annual Geotechnical Services Contract RFQ No. 2010021 — 53rd Street
Roadway Improvements — IRC Project No. 0107
(memorandum dated October 14, 2010)
Change Order No 3 — Final Pay and Release of Retainage Sheltra & Son
Construction Co , Inc., 12th Street Sidewalk (43rd Avenue to 27t1 Avenue and
Extension from 43rd Avenue to 52°d Avenue)
(memorandum dated October 18, 2010)
82-84
85-91
92-99
J. Work Order No. 11. to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for Pedestrian Bridge on Indian River
Boulevard over 14th Street Canal — Release of Retainage for Design — IRC
Project No 0745
(memorandum dated October 11, 2010)
100-101
K. Indian River County Parks Maintenance Complex, Bid # 2009043
DeAngelis Diamond Construction, Inc., Change Order No. 1, Release of
Retainage
(memorandum dated October 14, 2010)
102-113
L. Authorization for the Public Works Director or his Designee to Execute
Hold Harmless Agreements on Behalf of the Board of County
Commissioners; Approval of Authorizing Resolution
(memorandum dated October 21, 2010)
114-117
M. Florida Department of Law Enforcement FY 2010/2011 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program
(memorandum dated October 26, 2010)
118-139
N. Agreement for Traffic Signal Synchronization with Florida East Coast
Railway, L L C (FECRR) for 53rd Street Railroad/Highway Grade Crossing
(memorandum dated October 26, 2010)
140-147
O. Holiday Schedule for Indian River County Library System and Indian River
County Public Shooting Range
(memorandum dated October 25, 2010)
148-150
P Insurance Marketing RFQ/RFP Process; Siver Insurance Consultants
(memorandum dated October 26, 2010)
November 2, 2010
151-159
Page 3 of 8
8.
CONSENT AGENDA
G. Final Payment to Ecotech Consultants, Inc. for Lost Tree Islands
(memorandum dated October 12, 2010)
PAGE
H. Approval Worlc Order No. 1 with A.M. Engineering and Testing, Inc.
Providing Professional Geotechnical Services in Accordance with the
Annual Geotechnical Services Contract RFQ No. 2010021 — 53rd Street
Roadway Improvements — IRC Project No. 0107
(memorandum dated October 14, 2010)
Change Order No 3 — Final Pay and Release of Retainage Sheltra & Son
Construction Co , Inc., 12th Street Sidewalk (43rd Avenue to 27t1 Avenue and
Extension from 43rd Avenue to 52°d Avenue)
(memorandum dated October 18, 2010)
82-84
85-91
92-99
J. Work Order No. 11. to the Professional Bridge Design Services Agreement
with Bridge Design Associates, Inc. for Pedestrian Bridge on Indian River
Boulevard over 14th Street Canal — Release of Retainage for Design — IRC
Project No 0745
(memorandum dated October 11, 2010)
100-101
K. Indian River County Parks Maintenance Complex, Bid # 2009043
DeAngelis Diamond Construction, Inc., Change Order No. 1, Release of
Retainage
(memorandum dated October 14, 2010)
102-113
L. Authorization for the Public Works Director or his Designee to Execute
Hold Harmless Agreements on Behalf of the Board of County
Commissioners; Approval of Authorizing Resolution
(memorandum dated October 21, 2010)
114-117
M. Florida Department of Law Enforcement FY 2010/2011 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program
(memorandum dated October 26, 2010)
118-139
N. Agreement for Traffic Signal Synchronization with Florida East Coast
Railway, L L C (FECRR) for 53rd Street Railroad/Highway Grade Crossing
(memorandum dated October 26, 2010)
140-147
O. Holiday Schedule for Indian River County Library System and Indian River
County Public Shooting Range
(memorandum dated October 25, 2010)
148-150
P Insurance Marketing RFQ/RFP Process; Siver Insurance Consultants
(memorandum dated October 26, 2010)
November 2, 2010
151-159
Page 3 of 8
8. CONSENT AGENDA
Q. Amendment No. 1 to Work Order No. 11 to the Professional Bridge Design
Services Agreement with Bridge Design Associates, Inc. for Pedestrian
Bridge on Indian River Boulevard over 14th Street Canal Final Pay and
Release of Retainage IRC Project #0745
(memorandum dated October 12, 2010)
R. 53rd Street Railroad Crossing Agreement, Amendment No. 1
(memorandum dated October 27, 2010)
S. Civil Engineering and Land Surveying Agreement for CR 510 from CR 512
to 75th Court — Amendment No. 6 and Developer's Agreement Between
Indian River County and Publix Super Markets, Inc.
(memorandum dated October 15, 2010)
T. Second Modification to Lease Agreement Between Indian River County and
Mark Smith
(memorandum dated October 25, 2010)
U. North & South County Reverse Osmosis Water Treatment Plants Final Pay
for Work Order No. 8 — Determination of Alternative Water Supply Source
by Camp Dressei & McKee, Inc.
(memorandum dated October 14, 2010)
V. 12" Water Main Relocation on US1 at South Relief Canal, UCP No. 4048,
Final Payment to Sheltra and Son Construction Co., Inc. and Release of
Retainage, W.I.P. No. 471-23536-044699-10508
(memorandum dated October 21, 2010)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Deryl Loar, Indian River County Sheriff
Bureau of Justice Assistance State Criminal Alien Assistance Program
(letter dated October 26, 2010)
PAGE
160-161
162-165
166-172
173-175
176-180
181-184
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. County Initiated Request to Amend the Capital Improvements
Element of the Comprehensive Plan.
(memorandum dated October 26, 2010)
November 2, 2010
Legislative
185
186-300
Page 4 of 8
8. CONSENT AGENDA
Q. Amendment No. 1 to Work Order No. 11 to the Professional Bridge Design
Services Agreement with Bridge Design Associates, Inc. for Pedestrian
Bridge on Indian River Boulevard over 14th Street Canal Final Pay and
Release of Retainage IRC Project #0745
(memorandum dated October 12, 2010)
R. 53rd Street Railroad Crossing Agreement, Amendment No. 1
(memorandum dated October 27, 2010)
S. Civil Engineering and Land Surveying Agreement for CR 510 from CR 512
to 75th Court — Amendment No. 6 and Developer's Agreement Between
Indian River County and Publix Super Markets, Inc.
(memorandum dated October 15, 2010)
T. Second Modification to Lease Agreement Between Indian River County and
Mark Smith
(memorandum dated October 25, 2010)
U. North & South County Reverse Osmosis Water Treatment Plants Final Pay
for Work Order No. 8 — Determination of Alternative Water Supply Source
by Camp Dressei & McKee, Inc.
(memorandum dated October 14, 2010)
V. 12" Water Main Relocation on US1 at South Relief Canal, UCP No. 4048,
Final Payment to Sheltra and Son Construction Co., Inc. and Release of
Retainage, W.I.P. No. 471-23536-044699-10508
(memorandum dated October 21, 2010)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Deryl Loar, Indian River County Sheriff
Bureau of Justice Assistance State Criminal Alien Assistance Program
(letter dated October 26, 2010)
PAGE
160-161
162-165
166-172
173-175
176-180
181-184
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. County Initiated Request to Amend the Capital Improvements
Element of the Comprehensive Plan.
(memorandum dated October 26, 2010)
November 2, 2010
Legislative
185
186-300
Page 4 of 8
10. PUBLIC ITEMS
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 Ardra Rigby and George Rigby Regarding
Waste Management Contracts
11.
PAGE
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing November 9, 2010:
Consideration of the Disposition of County Owned Surplus
Properties for Affordable Housing
(memorandum dated October 25, 2010)
Legislative
COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
B.
Community Development
1. Request for Authorization to Abate Recurrence of a Public
Nuisance on an Unmaintained Golf Course within Vista Gardens
Multifamily Development (Landowner: Vista Golf LLC; Code
Enforcement Case No. 2009060086)
(memorandum dated October 15, 2010)
Emergency Services
None
C. General Services
None
D.
November 2, 2010
Human Resources
None
Human Services
None
301
302
303-316
Page 5 of 8
10. PUBLIC ITEMS
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 Ardra Rigby and George Rigby Regarding
Waste Management Contracts
11.
PAGE
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing November 9, 2010:
Consideration of the Disposition of County Owned Surplus
Properties for Affordable Housing
(memorandum dated October 25, 2010)
Legislative
COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
B.
Community Development
1. Request for Authorization to Abate Recurrence of a Public
Nuisance on an Unmaintained Golf Course within Vista Gardens
Multifamily Development (Landowner: Vista Golf LLC; Code
Enforcement Case No. 2009060086)
(memorandum dated October 15, 2010)
Emergency Services
None
C. General Services
None
D.
November 2, 2010
Human Resources
None
Human Services
None
301
302
303-316
Page 5 of 8
12.
13.
14.
DEPARTMENTAL MATTERS PAGE
F. Leisure Services
None
G. Office of Management and Budget
None
1I.
Recreation
None
Public Works
None
J. Utilities Services
1. Spoonbill Marsh Wetland Facility Change Order No. 6, Final
Payment and Release of Retainage to Timothy Rose Contracting,
Inc.
(memorandum dated October 12, 2010)
317-325
2. Change Order No. 2 to IRC Bid No. 2010024 to Tim Rose
Contracting, Inc. for Miscellaneous Project Changes
(memorandum dated October 13, 2010)
326-329
3. Construction of Two 6" Force Main Bores Under 66`x' Avenue and
the Rangeline Canal in Conjunction with the 16th Street Pavement
Project No 9920 from 66`x' Avenue to 74th Avenue — Rescind
Approval of Work Authorization No. 2009-009 and Approve Work
Authorization No. 2010-001 — UCP 4053
(memorandum dated October 18, 2010)
330-335
COUNTY ATTORNEY MATTERS
None
COMMISSIONERS ITEMS
A.
Commissioner Peter D. O'Bryan, Chairman
None
November 2, 2010 Pa e 6 of 8
12.
13.
14.
DEPARTMENTAL MATTERS PAGE
F. Leisure Services
None
G. Office of Management and Budget
None
1I.
Recreation
None
Public Works
None
J. Utilities Services
1. Spoonbill Marsh Wetland Facility Change Order No. 6, Final
Payment and Release of Retainage to Timothy Rose Contracting,
Inc.
(memorandum dated October 12, 2010)
317-325
2. Change Order No. 2 to IRC Bid No. 2010024 to Tim Rose
Contracting, Inc. for Miscellaneous Project Changes
(memorandum dated October 13, 2010)
326-329
3. Construction of Two 6" Force Main Bores Under 66`x' Avenue and
the Rangeline Canal in Conjunction with the 16th Street Pavement
Project No 9920 from 66`x' Avenue to 74th Avenue — Rescind
Approval of Work Authorization No. 2009-009 and Approve Work
Authorization No. 2010-001 — UCP 4053
(memorandum dated October 18, 2010)
330-335
COUNTY ATTORNEY MATTERS
None
COMMISSIONERS ITEMS
A.
Commissioner Peter D. O'Bryan, Chairman
None
November 2, 2010 Pa e 6 of 8
14. COMMISSIONERS ITEMS PAGE
B. Commissioner Bob Solari, Vice Chairman
1. Beach Renourishment
(memorandum dated October 19, 2010) 336
2. Sewer and Water Update
(memorandum dated October 27, 2010) 337
3. Smoot — Hawley
(memorandum dated October 27, 2010) 338
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E Flescher
None
E.
Commissioner Gary C. Wheeler
None
15. SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
November 2, 2010
Emergency Services District
None
Solid Waste Disposal District
1. Approval of Minutes — Budget Hearing of July 14, 2010
2. Approval of Minutes — Regular Meeting of August 17, 2010
3. Request for Sole Source to Mettler Toledo for Landfill Scale
Repairs
(memorandum dated October 25, 2010)
339-342
Environmental Control Board
1. Approval of Minutes — Regular Meeting of August 17, 2010
Page 7 of 8
14. COMMISSIONERS ITEMS PAGE
B. Commissioner Bob Solari, Vice Chairman
1. Beach Renourishment
(memorandum dated October 19, 2010) 336
2. Sewer and Water Update
(memorandum dated October 27, 2010) 337
3. Smoot — Hawley
(memorandum dated October 27, 2010) 338
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E Flescher
None
E.
Commissioner Gary C. Wheeler
None
15. SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
November 2, 2010
Emergency Services District
None
Solid Waste Disposal District
1. Approval of Minutes — Budget Hearing of July 14, 2010
2. Approval of Minutes — Regular Meeting of August 17, 2010
3. Request for Sole Source to Mettler Toledo for Landfill Scale
Repairs
(memorandum dated October 25, 2010)
339-342
Environmental Control Board
1. Approval of Minutes — Regular Meeting of August 17, 2010
Page 7 of 8
15. SPECIAL DISTRICTS AND BOARDS PAGE
C.
Environmental Control Board
2. Report of Activities for Fourth Quarter FY 09/10 (July through
September 2010)
(memoiandum dated October 20, 2010)
343-345
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 2, 2010
Page 8 of 8
15. SPECIAL DISTRICTS AND BOARDS PAGE
C.
Environmental Control Board
2. Report of Activities for Fourth Quarter FY 09/10 (July through
September 2010)
(memoiandum dated October 20, 2010)
343-345
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 2, 2010
Page 8 of 8
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 2, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
Addition: Item 5.C. Presentation by Julianne Price, Every Dream Has A Price 2
Addition: Item 13A. County Attorney Matters - Interim Report on Negotiations
with City of Vero Beach Relating to Vero Beach Sports Village
(A.K.A. Dodgertown) Property 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION HONORING MARIE COMBS ON HER
RETIREMENT AFTER TWENTY-EIGIVI YEARS OF SERVICE TO TI -IE TAX
COLLECTOR'S OFFICE AND CITIZENS OF INDIAN RIVER COUNTY 2
5.B. PRESENTATION OF PROCLAMA I ION COMMEMORATING THE DONATION OF THE
RUSTIN MILITARY COLLEC TION TO THE GENEALOGY DEPARTMENT OF THE
INDIAN RIVER COUNTY MAIN LIBRARY 3
5.C. PRESENTATION ON EVERY DREAM HAS A PRICE BY JULIANNE PRICE 3
1
November 2, 2010
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 2, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
Addition: Item 5.C. Presentation by Julianne Price, Every Dream Has A Price 2
Addition: Item 13A. County Attorney Matters - Interim Report on Negotiations
with City of Vero Beach Relating to Vero Beach Sports Village
(A.K.A. Dodgertown) Property 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION HONORING MARIE COMBS ON HER
RETIREMENT AFTER TWENTY-EIGIVI YEARS OF SERVICE TO TI -IE TAX
COLLECTOR'S OFFICE AND CITIZENS OF INDIAN RIVER COUNTY 2
5.B. PRESENTATION OF PROCLAMA I ION COMMEMORATING THE DONATION OF THE
RUSTIN MILITARY COLLEC TION TO THE GENEALOGY DEPARTMENT OF THE
INDIAN RIVER COUNTY MAIN LIBRARY 3
5.C. PRESENTATION ON EVERY DREAM HAS A PRICE BY JULIANNE PRICE 3
1
November 2, 2010
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF SEPTEMBER 14, 2010
3
3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIO\ERS NOT REQUIRING
BOARD ACTION 3
7.A. RIGBY/CAPITAL SANITATION PRESENTATION TO THE BOARD OF COUNTY
COMMISSIONERS 4
7.B. FAIR HOUSING ANNUAL REPORT 4
7.C. GEOTECHNICAL SERVICES: PURCHASE ORDERS PROCESSED JUNE 2, 2010
TI -TROUGH SEPTEMBER 30, 2010 4
7.D. SURVEY SERVICES: PURCHASE ORDERS PROCESSED JUNE 15, 2010 THROUGH
SEPTEMBER 30, 2010 (MEMO No. 4) 4
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 8, 2010 TO OCTOBER 14, 2010 5
8.B. APPROVAL OF WARRANTS AND WIRES OCTOBER 15, 2010 TO OCTOBER 21,
2010 6
8.C. RIGHT-OF-WAY DEDICATION FOR COLLEGE LANE EXTENSION BY THE DISTRICT
BOARD OF TRUSTEES OF INDIAN RIVER STATE COLLEGE 6
8.D. REQUEST TO APPROVE A PROJECT AGREEMENT WITH THE FLORIDA INLAND
NAVIGATION DISTRICT FOR PUBLIC ACCESS IMPROVEMENT S ON FHE FLINN
TRACT OF THE LAGOON GREENWAY 7
8.E. LETTER OF SUPPORT FOR FEDERAL GRANT FOR BIOMASS RESEARCH USING
ALGAE FROM EGRET MARSH REGIONAL STORMWATER PARK 7
8.F. FINAL PAYMENT TO ECOTECH CONSUL RANTS, INC. FOR PLANTING AT
SPOONBILL MARSH WETLAND FACILITY 8
8.G. FINAL PAYMEN r TO ECOTECH CONSULTANTS, INC. FOR LOST TREE ISLANDS 8
8.H. APPROVAL WORT{ ORDER N0. 1 WITH A.M. ENGINEERING AND TESTING, INC.
PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN ACCORDANCE WITH
THE ANNUAL GEOTECHNICAL SERVICES CONTRACT RFQ No. 2010021 - 53f2D
STREET ROADWAY IMPROVEMENTS -IRC PROJECT NO. 0107 8
8.1. CHANGE ORDER No. 3 - FINAL PAY AND RELEASE OF RETAINAGE SHELTRA &
SON CONSTRUCTION CO., INC., 12TH STREET SIDEWALK (43RD AVENUE TO 27TH
AVENUE AND EXTENSION FROM 43RD AVENUE TO 52ND AVENUE) 9
2
November 2, 2010
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF SEPTEMBER 14, 2010
3
3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIO\ERS NOT REQUIRING
BOARD ACTION 3
7.A. RIGBY/CAPITAL SANITATION PRESENTATION TO THE BOARD OF COUNTY
COMMISSIONERS 4
7.B. FAIR HOUSING ANNUAL REPORT 4
7.C. GEOTECHNICAL SERVICES: PURCHASE ORDERS PROCESSED JUNE 2, 2010
TI -TROUGH SEPTEMBER 30, 2010 4
7.D. SURVEY SERVICES: PURCHASE ORDERS PROCESSED JUNE 15, 2010 THROUGH
SEPTEMBER 30, 2010 (MEMO No. 4) 4
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 8, 2010 TO OCTOBER 14, 2010 5
8.B. APPROVAL OF WARRANTS AND WIRES OCTOBER 15, 2010 TO OCTOBER 21,
2010 6
8.C. RIGHT-OF-WAY DEDICATION FOR COLLEGE LANE EXTENSION BY THE DISTRICT
BOARD OF TRUSTEES OF INDIAN RIVER STATE COLLEGE 6
8.D. REQUEST TO APPROVE A PROJECT AGREEMENT WITH THE FLORIDA INLAND
NAVIGATION DISTRICT FOR PUBLIC ACCESS IMPROVEMENT S ON FHE FLINN
TRACT OF THE LAGOON GREENWAY 7
8.E. LETTER OF SUPPORT FOR FEDERAL GRANT FOR BIOMASS RESEARCH USING
ALGAE FROM EGRET MARSH REGIONAL STORMWATER PARK 7
8.F. FINAL PAYMENT TO ECOTECH CONSUL RANTS, INC. FOR PLANTING AT
SPOONBILL MARSH WETLAND FACILITY 8
8.G. FINAL PAYMEN r TO ECOTECH CONSULTANTS, INC. FOR LOST TREE ISLANDS 8
8.H. APPROVAL WORT{ ORDER N0. 1 WITH A.M. ENGINEERING AND TESTING, INC.
PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN ACCORDANCE WITH
THE ANNUAL GEOTECHNICAL SERVICES CONTRACT RFQ No. 2010021 - 53f2D
STREET ROADWAY IMPROVEMENTS -IRC PROJECT NO. 0107 8
8.1. CHANGE ORDER No. 3 - FINAL PAY AND RELEASE OF RETAINAGE SHELTRA &
SON CONSTRUCTION CO., INC., 12TH STREET SIDEWALK (43RD AVENUE TO 27TH
AVENUE AND EXTENSION FROM 43RD AVENUE TO 52ND AVENUE) 9
2
November 2, 2010
8.J. WORK ORDER N0. 11 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR PEDESTRIAN BRIDGE
ON INDIAN RIVER BOULEVARD OVER 14TH STREE-1 CANAL - RELEASE OF
REI AINAGE FOR DESIGN - IRC PROJEC F No. 0745 9
8.K. INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX, BID # 2009043
DEANGELIS DIAMOND CONSTRUCTION, INC., CHANGE ORDER NO. 1, RELEASE
OF RETAINAGE 10
8.L. AUTHORIZATION FOR THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO
EXECUTE HOLD HARMLESS AGREEMENTS ON BEHALF OF THE BOARD OF
COUNTY COMMISSIONERS; APPROVAL OF AUTHORIZING RESOLUTION 10
8.M. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2010/2011 EDWARD BYRNE
MEMORIAL JUSTICE ASSTS"I ANCE GRANT (JAG) PROGRAM 11
8.N. AGREEMENT FOR TRAFFIC SIGNAL SYNCHRONIZATION WITH FLORIDA EAST
COAST RAILWAY, L.L.C. (FECRR) FOR 53RD STREET RAILROAD/HIGHWAY
GRADE CROSSING 11
8.0. HOLIDAY SCHEDULE FOR INDIAN RIVER COUNTY LIBRARY SYSTEM AND
INDIAN RIVER COUN'1 Y PUBLIC SHOOTING RANGE 12
8.P. INSURANCE MARKETING RFQ/RFP PROCESS; SIVER INSURANCE CONSULTANTS 13
8.Q. AMENDMENT NO. 1 TO WORK ORDER NO. 11 TO THE PROFESSIONAL BRIDGE
DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR
PEDESTRIAN BRIDGE ON INDIAN RIVER BOULEVARD OVER 14TH STREET CANAL
FINAL PAY AND RELEASE OF RCIAINAGE IRC PROJECT #0745 13
8.R. 53RD STREET RAILROAD CROSSING AGREEMEN F, AMENDMENT NO. 1 14
8.S. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510 FROM CR
512 TO 75TH COURT - AMENDMENT NO. 6 AND DEVELOPER'S AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND PUBLIX SUPER MARKETS, INC. 14
8.T. SECOND M.ODIFICA"I ION TO LEASE AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND MARK SMI FH 15
8.U. NORTH & SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANTS
FINAL. PAY FOR WORK ORDER No. 8 - DETERMINATION OF ALTERNATIVE
WATER SUPPLY SOURCE BY CAMP DRESSER & MCKEE, INC. 15
8.V. 12" WATER MAIN RELOCATION ON US 1 AT SOUTH RELIEF CANAL, UCP No.
4048, FINAL PAYMENT TO SHELTRA AND SON CONSTRUCTION CO., INC. AND
RELEASE OF RETAINAGE, W.L.P. No. 471-23536-044699-10508 16
November 2, 2010
8.J. WORK ORDER N0. 11 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR PEDESTRIAN BRIDGE
ON INDIAN RIVER BOULEVARD OVER 14TH STREE-1 CANAL - RELEASE OF
REI AINAGE FOR DESIGN - IRC PROJEC F No. 0745 9
8.K. INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX, BID # 2009043
DEANGELIS DIAMOND CONSTRUCTION, INC., CHANGE ORDER NO. 1, RELEASE
OF RETAINAGE 10
8.L. AUTHORIZATION FOR THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO
EXECUTE HOLD HARMLESS AGREEMENTS ON BEHALF OF THE BOARD OF
COUNTY COMMISSIONERS; APPROVAL OF AUTHORIZING RESOLUTION 10
8.M. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2010/2011 EDWARD BYRNE
MEMORIAL JUSTICE ASSTS"I ANCE GRANT (JAG) PROGRAM 11
8.N. AGREEMENT FOR TRAFFIC SIGNAL SYNCHRONIZATION WITH FLORIDA EAST
COAST RAILWAY, L.L.C. (FECRR) FOR 53RD STREET RAILROAD/HIGHWAY
GRADE CROSSING 11
8.0. HOLIDAY SCHEDULE FOR INDIAN RIVER COUNTY LIBRARY SYSTEM AND
INDIAN RIVER COUN'1 Y PUBLIC SHOOTING RANGE 12
8.P. INSURANCE MARKETING RFQ/RFP PROCESS; SIVER INSURANCE CONSULTANTS 13
8.Q. AMENDMENT NO. 1 TO WORK ORDER NO. 11 TO THE PROFESSIONAL BRIDGE
DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR
PEDESTRIAN BRIDGE ON INDIAN RIVER BOULEVARD OVER 14TH STREET CANAL
FINAL PAY AND RELEASE OF RCIAINAGE IRC PROJECT #0745 13
8.R. 53RD STREET RAILROAD CROSSING AGREEMEN F, AMENDMENT NO. 1 14
8.S. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510 FROM CR
512 TO 75TH COURT - AMENDMENT NO. 6 AND DEVELOPER'S AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND PUBLIX SUPER MARKETS, INC. 14
8.T. SECOND M.ODIFICA"I ION TO LEASE AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND MARK SMI FH 15
8.U. NORTH & SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANTS
FINAL. PAY FOR WORK ORDER No. 8 - DETERMINATION OF ALTERNATIVE
WATER SUPPLY SOURCE BY CAMP DRESSER & MCKEE, INC. 15
8.V. 12" WATER MAIN RELOCATION ON US 1 AT SOUTH RELIEF CANAL, UCP No.
4048, FINAL PAYMENT TO SHELTRA AND SON CONSTRUCTION CO., INC. AND
RELEASE OF RETAINAGE, W.L.P. No. 471-23536-044699-10508 16
November 2, 2010
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 16
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF 16
B UREAU OF JUSTICE ASSISI ANCE STATE CRIMINAL ALIEN ASSISTANCE
P ROGRAM 16
10. PUBLIC ITEMS 17
10.A. PUBLIC HEARINGS 1.7
10.A.1. COUNTY INITIATED REQUEST TO AMEND THE CAPITAL IMPROVEMENTS
E LEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) 17
10.B. PUBLIC DISCUSSION ITEMS 20
10.B.1. REQUEST FO SPEAK FROM ARDRA RIGBY AND GEORGE (BILL) RIGBY
REGARDING WASTE MANAGEMENT CONTRACTS 20
10.C. PUBLIC NOTICE ITEMS 21
10.0.1. NOTICE OF SCHEDULED PUBLIC HEARING NOVEMBER 9, 2010: 21
CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS
PROPERTIES FOR AFFORDABLE HOUSING (LEGISLATIVE) 21
11. COUNTY ADMI\ISTRATOR MATTERS-NO\E 21
12.A. COMMUNITY DEVELOPMENT 22
12.A.1. REQUEST FOR AUTHORIZATION TO ABATE RECURRENCE OF A PUBLIC
NUISANCE ON AN UNMAINTAINED GOLF COURSE WITHIN VISTA GARDENS
MULTIFAMILY DEVELOPMENT (LANDOWNER: VISTA GOLF LLC; CODE
ENFORCEMENT CASE No. 2009060086) 22
12.B. EMERGENCY SERVICES -NONE 24
12.C. GENERAL SERVICES-NONF 24
12.D. HUMAN RESOURCES -NONE 24
12.E. HUMAN SERVICES -NONE 24
12.F. LEISURE SERVICES -NONE 24
12.0. OFFICE OF MANAGEMEN I' AND BUDGET -NONE 24
12.H. RECREATION -NONE 24
12.1. PUBLIC WORKS -NONE 24
12.J. UTILITIES SERVICES 25
4
November 2, 2010
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 16
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF 16
B UREAU OF JUSTICE ASSISI ANCE STATE CRIMINAL ALIEN ASSISTANCE
P ROGRAM 16
10. PUBLIC ITEMS 17
10.A. PUBLIC HEARINGS 1.7
10.A.1. COUNTY INITIATED REQUEST TO AMEND THE CAPITAL IMPROVEMENTS
E LEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE) 17
10.B. PUBLIC DISCUSSION ITEMS 20
10.B.1. REQUEST FO SPEAK FROM ARDRA RIGBY AND GEORGE (BILL) RIGBY
REGARDING WASTE MANAGEMENT CONTRACTS 20
10.C. PUBLIC NOTICE ITEMS 21
10.0.1. NOTICE OF SCHEDULED PUBLIC HEARING NOVEMBER 9, 2010: 21
CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS
PROPERTIES FOR AFFORDABLE HOUSING (LEGISLATIVE) 21
11. COUNTY ADMI\ISTRATOR MATTERS-NO\E 21
12.A. COMMUNITY DEVELOPMENT 22
12.A.1. REQUEST FOR AUTHORIZATION TO ABATE RECURRENCE OF A PUBLIC
NUISANCE ON AN UNMAINTAINED GOLF COURSE WITHIN VISTA GARDENS
MULTIFAMILY DEVELOPMENT (LANDOWNER: VISTA GOLF LLC; CODE
ENFORCEMENT CASE No. 2009060086) 22
12.B. EMERGENCY SERVICES -NONE 24
12.C. GENERAL SERVICES-NONF 24
12.D. HUMAN RESOURCES -NONE 24
12.E. HUMAN SERVICES -NONE 24
12.F. LEISURE SERVICES -NONE 24
12.0. OFFICE OF MANAGEMEN I' AND BUDGET -NONE 24
12.H. RECREATION -NONE 24
12.1. PUBLIC WORKS -NONE 24
12.J. UTILITIES SERVICES 25
4
November 2, 2010
12.J.1. SPOONBILL MARSH WETLAND FACILITY CHANGE ORDER NO. 6, FINAL
PAYMENT AND RELEASE OF RETAINAGE TO TIMOTHY ROSE CONTRACTING,
INC.
25
12.J.2. CHANGE ORDER No. 2 TO FRC BID No. 2010024 TO TIM TIMOTHY ROSE
CONTRACTING, INC. FOR MISCELLANEOUS PROJECT CHANGES 25
12.1.3. CONSTRUCTION OF Two 6' FORCE MAIN BORES UNDER 66TH AVENUE AND TI -IE
RANGELINE CANAL IN CONJUNCTION WITH THE 16TH STREET PAVEMENT
PROJECT No. 9920 FROM 66TH AVENUE TO 74111 AVENUE - RESCIND APPROVAL
OF WORK AUTHORIZATION No. 2009-009 AND APPROVE WORK
AUTHORIZATION No. 2010-001 - UCP 4053
26
13. COUNTY ATTORNEY MATTERS NONE 26
13.A. INTERIM REPORT ON NEGOTIATIONS WITH CITY OF VERO BEACH RELATING TO
DODGERTOWN PROPERTY
26
14. COMMISSIONER ITEMS 29
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 29
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN 30
14.B.1. BEACH RENOURISFIMENT 30
14.B.2. SEWER AND WATER UPDATE 30
14.B.3. SMOOT - HAWLEY 31
14.C. COMMISSIONER WESLEY S. DAVIS-NONF 31
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 31
14.E. COMMISSIONER GARY C. WHEELER -NONE 31
15. SPECIAL DISTRICTS AND BOARDS 31
15.A. EMERGENCY SERVICES DISTRICT -NONE 31
15.B. SOLID WASTE DISPOSAL DISTRICT 31
15.B.1. APPROVAL OF MINUTES -BUDGET HEARING OF JULY 14, 2010 32
15.B.2. APPROVAL OF MINUTES - REGULAR MEETING OF AUGUST 17, 2010 32
15.B.3. REQUEST FOR SOLE SOURCE TO METTLER TOLEDO FOR LANDFILL SCALE
REPAIRS 32
15.C. ENVIRONMENTAL CONTROL BOARD 32
5
November 2, 2010
12.J.1. SPOONBILL MARSH WETLAND FACILITY CHANGE ORDER NO. 6, FINAL
PAYMENT AND RELEASE OF RETAINAGE TO TIMOTHY ROSE CONTRACTING,
INC.
25
12.J.2. CHANGE ORDER No. 2 TO FRC BID No. 2010024 TO TIM TIMOTHY ROSE
CONTRACTING, INC. FOR MISCELLANEOUS PROJECT CHANGES 25
12.1.3. CONSTRUCTION OF Two 6' FORCE MAIN BORES UNDER 66TH AVENUE AND TI -IE
RANGELINE CANAL IN CONJUNCTION WITH THE 16TH STREET PAVEMENT
PROJECT No. 9920 FROM 66TH AVENUE TO 74111 AVENUE - RESCIND APPROVAL
OF WORK AUTHORIZATION No. 2009-009 AND APPROVE WORK
AUTHORIZATION No. 2010-001 - UCP 4053
26
13. COUNTY ATTORNEY MATTERS NONE 26
13.A. INTERIM REPORT ON NEGOTIATIONS WITH CITY OF VERO BEACH RELATING TO
DODGERTOWN PROPERTY
26
14. COMMISSIONER ITEMS 29
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 29
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN 30
14.B.1. BEACH RENOURISFIMENT 30
14.B.2. SEWER AND WATER UPDATE 30
14.B.3. SMOOT - HAWLEY 31
14.C. COMMISSIONER WESLEY S. DAVIS-NONF 31
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 31
14.E. COMMISSIONER GARY C. WHEELER -NONE 31
15. SPECIAL DISTRICTS AND BOARDS 31
15.A. EMERGENCY SERVICES DISTRICT -NONE 31
15.B. SOLID WASTE DISPOSAL DISTRICT 31
15.B.1. APPROVAL OF MINUTES -BUDGET HEARING OF JULY 14, 2010 32
15.B.2. APPROVAL OF MINUTES - REGULAR MEETING OF AUGUST 17, 2010 32
15.B.3. REQUEST FOR SOLE SOURCE TO METTLER TOLEDO FOR LANDFILL SCALE
REPAIRS 32
15.C. ENVIRONMENTAL CONTROL BOARD 32
5
November 2, 2010
1 5.C. 1. APPROVAL OF MINUTES — REGULAR MEETING OF AUGUST 17, 2010
15.C.2. REPORT OF AC FIVITIES FOR FOURTH QUAR FIR FY 09/10 (JULY THROUGH
SEPTEMBER 2010)
16. ADJOURN ME\ T
6
November 2, 2010
32
32
33
1 5.C. 1. APPROVAL OF MINUTES — REGULAR MEETING OF AUGUST 17, 2010
15.C.2. REPORT OF AC FIVITIES FOR FOURTH QUAR FIR FY 09/10 (JULY THROUGH
SEPTEMBER 2010)
16. ADJOURN ME\ T
6
November 2, 2010
32
32
33
JEFFREY K. BARTON
Clerk to the Board
November 2, 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 2, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob
Solari, and Commissioners Wesley S. Davis, Joseph E Flescher, and Gary C. Wheeler. Also
present were Assistant County Administrator Michael Zito, County Attorney Alan S.
Polackwich, Sr., and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Deputy Teddy Floyd, Indian River County Sheriff's Office, delivered the Invocation.
1
November 2, 2010
JEFFREY K. BARTON
Clerk to the Board
November 2, 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 2, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob
Solari, and Commissioners Wesley S. Davis, Joseph E Flescher, and Gary C. Wheeler. Also
present were Assistant County Administrator Michael Zito, County Attorney Alan S.
Polackwich, Sr., and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Deputy Teddy Floyd, Indian River County Sheriff's Office, delivered the Invocation.
1
November 2, 2010
3. PLEDGE OF ALLEGIANCE
Commissioner Flescher led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to today's Agenda:
ADDITION: ITEM 5. C. PRESENTATION BY JULIANNE PRICE, EVERY DREAM HAS A PRICE
ADDITION: ITEM 13A. COUNTY ATTORNEY MATTERS- INTERIM REPORT ON
NEGOTIATIONS WWI CITY OF VERO BEACH RELATING TO VERO BEACH SPORTS VILLAGE
(A.K.A. DODGERTO[I/N) PROPERTY
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PR OCLAMA TION HONORING MARIE COMBS ON HER
RETIREMENT AFTER TWENTY-EIGHT YEARS OF SERVICE TO THE TAX
COLLECTOR'S OFFICE AND CITIZENS OF INDIAN RIVER COUNTY
Commissioner Wheeler read and presented the Proclamation to Marie Combs.
2
November 2, 2010
3. PLEDGE OF ALLEGIANCE
Commissioner Flescher led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to today's Agenda:
ADDITION: ITEM 5. C. PRESENTATION BY JULIANNE PRICE, EVERY DREAM HAS A PRICE
ADDITION: ITEM 13A. COUNTY ATTORNEY MATTERS- INTERIM REPORT ON
NEGOTIATIONS WWI CITY OF VERO BEACH RELATING TO VERO BEACH SPORTS VILLAGE
(A.K.A. DODGERTO[I/N) PROPERTY
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PR OCLAMA TION HONORING MARIE COMBS ON HER
RETIREMENT AFTER TWENTY-EIGHT YEARS OF SERVICE TO THE TAX
COLLECTOR'S OFFICE AND CITIZENS OF INDIAN RIVER COUNTY
Commissioner Wheeler read and presented the Proclamation to Marie Combs.
2
November 2, 2010
S.B. PRESENTATION OF PROCLAMATION COMMEMORATING THE DONATION OF
THE RUSTINMILITARY COLLECTION TO THE GENEALOGY DEPARTMENT
OF THE INDIAN RIVER COUNTY MAIN LIBRARY
Vice Chairman Solari read and presented the Proclamation to Mrs. Ginette Rustin, who
accepted on behalf of her late husband, Richard Rustin. Also present were Pam Cooper, Indian
River County Main Library Genealogy Department; and Tom Garvey, President, and Tony
Young, Treasurer, of the Indian River County Genealogical Society.
5.C. PRESENTATION ON EVERY DREAM HAS A PRICE BYJULIANNE PRICE
Julianne Price, with input from Deputy Floyd, reported on two fundraisers sponsored by
Every Dream Has A Price, a non-profit organization dedicated to providing affordable housing.
She provided details on Family Fun Day, to be held on. Saturday, November 6, 201.0 at Vero
Beach Sports Village (F.K.A. Dodgertown) from 11 a.m. - 4 p.m., and on the Celebrity vs.
Government Softball Game, which will occur from 4 p.m. - 6 p.m., at Holman Stadium.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF SEPTEMBER 14, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Regular Meeting of September 14,
2010, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
3
November 2, 2010
S.B. PRESENTATION OF PROCLAMATION COMMEMORATING THE DONATION OF
THE RUSTINMILITARY COLLECTION TO THE GENEALOGY DEPARTMENT
OF THE INDIAN RIVER COUNTY MAIN LIBRARY
Vice Chairman Solari read and presented the Proclamation to Mrs. Ginette Rustin, who
accepted on behalf of her late husband, Richard Rustin. Also present were Pam Cooper, Indian
River County Main Library Genealogy Department; and Tom Garvey, President, and Tony
Young, Treasurer, of the Indian River County Genealogical Society.
5.C. PRESENTATION ON EVERY DREAM HAS A PRICE BYJULIANNE PRICE
Julianne Price, with input from Deputy Floyd, reported on two fundraisers sponsored by
Every Dream Has A Price, a non-profit organization dedicated to providing affordable housing.
She provided details on Family Fun Day, to be held on. Saturday, November 6, 201.0 at Vero
Beach Sports Village (F.K.A. Dodgertown) from 11 a.m. - 4 p.m., and on the Celebrity vs.
Government Softball Game, which will occur from 4 p.m. - 6 p.m., at Holman Stadium.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF SEPTEMBER 14, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Regular Meeting of September 14,
2010, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
3
November 2, 2010
7.A. RIGB Y/CAPITAL SANITATION PRESENTATION TO THE BOARD OF COUNTY
COMMISSIONERS
Chairman O'Bryan noted that the information provided in the County Attorney's report
relates to Item 10.B. Public Discussion Items — Request to Speak from Ardra Rigby and George
(William) Rigby Regarding Waste Management contracts.
7.B. FAIR HOUSING ANNUAL REPORT
Noted for the record was the filing of the Fair Housing Annual Report for Fiscal Year
2009/2010, which is available on page 8 of the backup (agenda package).
7.0 GEOTECHNICAL SERVICES: PURCHASE ORDERS PROCESSED JUNE 2,
2010 THROUGH SEPTEMBER 30, 2010
Noted for the record was the following Purchase Order:
471x' Street Improvements, US 1 to Terminus Point
IRC Project No. 0946
KSM Engineering & Testing, Inc.
$2,532.00
7.D. SURVEY SERVICES: PURCHASE ORDERS PROCESSED JUNE 15, 2010
THROUGH SEPTEMBER 30, 2010 (MEMO No. 4)
Noted for the record were the following Purchase Orders:
Indian River County Horizontal Control Network (GPS)
IRC Project No. 1019
Creech Engineering, Inc.
$14,300.00
4
November 2, 2010
7.A. RIGB Y/CAPITAL SANITATION PRESENTATION TO THE BOARD OF COUNTY
COMMISSIONERS
Chairman O'Bryan noted that the information provided in the County Attorney's report
relates to Item 10.B. Public Discussion Items — Request to Speak from Ardra Rigby and George
(William) Rigby Regarding Waste Management contracts.
7.B. FAIR HOUSING ANNUAL REPORT
Noted for the record was the filing of the Fair Housing Annual Report for Fiscal Year
2009/2010, which is available on page 8 of the backup (agenda package).
7.0 GEOTECHNICAL SERVICES: PURCHASE ORDERS PROCESSED JUNE 2,
2010 THROUGH SEPTEMBER 30, 2010
Noted for the record was the following Purchase Order:
471x' Street Improvements, US 1 to Terminus Point
IRC Project No. 0946
KSM Engineering & Testing, Inc.
$2,532.00
7.D. SURVEY SERVICES: PURCHASE ORDERS PROCESSED JUNE 15, 2010
THROUGH SEPTEMBER 30, 2010 (MEMO No. 4)
Noted for the record were the following Purchase Orders:
Indian River County Horizontal Control Network (GPS)
IRC Project No. 1019
Creech Engineering, Inc.
$14,300.00
4
November 2, 2010
Oslo Boat Ramp
IRC Project No 0381
$3,630.00
Carter Associates, Inc.
Round Island -Oceanside Park
IRC Project No. 0860
Masteller, Moler, Reed and Taylor, Inc.
$2,500.00
8. CONSENT AGENDA
Chairman O'Bryan requested Items 8.D. and 8 E be pulled 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 8, 2010 TO OCTOBER 14,
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 8, 2010 to October
14, 2010.as requested in the memorandum of October 14,
2010.
5
November 2, 2010
Oslo Boat Ramp
IRC Project No 0381
$3,630.00
Carter Associates, Inc.
Round Island -Oceanside Park
IRC Project No. 0860
Masteller, Moler, Reed and Taylor, Inc.
$2,500.00
8. CONSENT AGENDA
Chairman O'Bryan requested Items 8.D. and 8 E be pulled 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 8, 2010 TO OCTOBER 14,
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 8, 2010 to October
14, 2010.as requested in the memorandum of October 14,
2010.
5
November 2, 2010
8.B. APPROVAL OF WARRANTS AND WIRES OCTOBER 15, 2010 TO OCTOBER
21, 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 15, 2010 to October
21, 2010, as requested in the memorandum of October 21,
2010.
8.C. RIGHT-OF-WAY DEDICATION FOR COLLEGE LANE EXTENSION BY THE
DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER STATE COLLEGE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously accepted
the right-of-way of College Lane Extension by the District
Board of Trustees of Indian River State College, and
authorized the Chairman to execute the County's
acceptance on the Statutory Warranty Deed for
recordation in the Public Records of Indian River County,
Florida, as recommended in the memorandum of October
25, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
6
November 2, 2010
8.B. APPROVAL OF WARRANTS AND WIRES OCTOBER 15, 2010 TO OCTOBER
21, 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 15, 2010 to October
21, 2010, as requested in the memorandum of October 21,
2010.
8.C. RIGHT-OF-WAY DEDICATION FOR COLLEGE LANE EXTENSION BY THE
DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER STATE COLLEGE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously accepted
the right-of-way of College Lane Extension by the District
Board of Trustees of Indian River State College, and
authorized the Chairman to execute the County's
acceptance on the Statutory Warranty Deed for
recordation in the Public Records of Indian River County,
Florida, as recommended in the memorandum of October
25, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
6
November 2, 2010
8.D. REQUEST TO APPROVE PROJECT AGREEMENT WITH THE FLORIDA
INLAND NAVIGATION DISTRICT FOR PUBLIC ACCESS IMPROVEMENTS ON
THE FLINN TRACT OF THE LAGOON GREENWAY
Chairman O'Bryan applauded members of the Indian River Land Trust and Executive
Director Ken Grudens for their work on the Lagoon Greenway Project. He noted that this was a
prime example of private non-profit groups coordinating with local governments to improve the
quality of life in the community.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute the Florida Inland
Navigation. District Project Agreement, Project No IR-lO-
47, for Phase A of the Lagoon Greenway Project as
recommended in the memorandum of October 14, 2010.
AGREEMENT ON FILE rN THE OFFICE OF THE CLERK TO THE BOARD
8.E. LETTER OF SUPPORT FOR FEDERAL GRANT FOR BIOMASS RESEARCH
USING ALGAE FROM EGRET MARSH REGIONAL STORMWATER PARK
Chairman O'Bryan conveyed that the County is applying for a federal grant to study the
feasibility of using the algae as biofuel. He pointed out that the County would be compensated
for growing the algae, while at the same time cleaning up the canal water, and commended
County Stormwater Engineer Keith McCully for his work on this matter.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Board to execute a support letter for the
7
November 2, 2010
8.D. REQUEST TO APPROVE PROJECT AGREEMENT WITH THE FLORIDA
INLAND NAVIGATION DISTRICT FOR PUBLIC ACCESS IMPROVEMENTS ON
THE FLINN TRACT OF THE LAGOON GREENWAY
Chairman O'Bryan applauded members of the Indian River Land Trust and Executive
Director Ken Grudens for their work on the Lagoon Greenway Project. He noted that this was a
prime example of private non-profit groups coordinating with local governments to improve the
quality of life in the community.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute the Florida Inland
Navigation. District Project Agreement, Project No IR-lO-
47, for Phase A of the Lagoon Greenway Project as
recommended in the memorandum of October 14, 2010.
AGREEMENT ON FILE rN THE OFFICE OF THE CLERK TO THE BOARD
8.E. LETTER OF SUPPORT FOR FEDERAL GRANT FOR BIOMASS RESEARCH
USING ALGAE FROM EGRET MARSH REGIONAL STORMWATER PARK
Chairman O'Bryan conveyed that the County is applying for a federal grant to study the
feasibility of using the algae as biofuel. He pointed out that the County would be compensated
for growing the algae, while at the same time cleaning up the canal water, and commended
County Stormwater Engineer Keith McCully for his work on this matter.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Board to execute a support letter for the
7
November 2, 2010
DOE/USDA grant application, as recommended in the
memorandum of October 21, 2010.
LETTER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. FINAL PAYMENT TO EcoTECH CONSULTANTS, INC. FOR PLANTING AT
SPOONBILL MARSH WETLAND FACILITY
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the final payment of $10,975.00 to Ecotech Consultants,
Inc., as recommended in the memorandum of October 12,
2010.
8.G. FINAL PAYMENT TO ECOTECH CONSULTANTS, INC. FOR LOST TREE
ISLANDS
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the payment of $13 304.00 to Ecotech Consultants, Inc.,
for mitigation at Lost Tree Islands (Earman Island,
Duckhead Island, and Hogshead Island), as recommended
in the memorandum of October 12, 2010.
8.H. APPROVAL WORK ORDER No. 1 WITH A.M. ENGINEERING AND TESTING,
INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT
RFQ No. 2010021 - 53RD STREET ROADWAY IMPROVEMENTS - IRC
PROJECT NO. 0107
8
November 2, 2010
DOE/USDA grant application, as recommended in the
memorandum of October 21, 2010.
LETTER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. FINAL PAYMENT TO EcoTECH CONSULTANTS, INC. FOR PLANTING AT
SPOONBILL MARSH WETLAND FACILITY
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the final payment of $10,975.00 to Ecotech Consultants,
Inc., as recommended in the memorandum of October 12,
2010.
8.G. FINAL PAYMENT TO ECOTECH CONSULTANTS, INC. FOR LOST TREE
ISLANDS
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the payment of $13 304.00 to Ecotech Consultants, Inc.,
for mitigation at Lost Tree Islands (Earman Island,
Duckhead Island, and Hogshead Island), as recommended
in the memorandum of October 12, 2010.
8.H. APPROVAL WORK ORDER No. 1 WITH A.M. ENGINEERING AND TESTING,
INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT
RFQ No. 2010021 - 53RD STREET ROADWAY IMPROVEMENTS - IRC
PROJECT NO. 0107
8
November 2, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 1
to A.M Engineering and Testing, Inc., authorizing Project
No. 0107, as outlined in the Scope of Services, for a not -
to -exceed amount of $60,120.00, as recommended in the
memorandum of October 14, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. CHANGE ORDER No. 3 - FINAL PAY AND RELEASE OF RETAINAGE
SHELTRA & SON CONSTRUCTION Ca, INC., 12TH STREET SIDEWALK (43RD
AVENUE TO 27TH AVENUE AND EXTENSION FROM 43RD AVENUE TO 52"D
AVENUE)
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Change Order No. 3 and payment of Sheltra & Son
Construction Co., Inc., Application for Payment No. 6,
dated September 30, 2010 m the amount of $20,292.60, as
recommended in the memorandum of October 18, 2010.
8.J. WORK ORDER No. 11 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR PEDESTRIAN
BRIDGE ON INDIAN RIVER BOULEVARD OVER 14TH STREET CANAL -
RELEASE OF RETAINAGE FOR DESIGN -IRC PROJECT NO. 0745
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
9
November 2, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 1
to A.M Engineering and Testing, Inc., authorizing Project
No. 0107, as outlined in the Scope of Services, for a not -
to -exceed amount of $60,120.00, as recommended in the
memorandum of October 14, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. CHANGE ORDER No. 3 - FINAL PAY AND RELEASE OF RETAINAGE
SHELTRA & SON CONSTRUCTION Ca, INC., 12TH STREET SIDEWALK (43RD
AVENUE TO 27TH AVENUE AND EXTENSION FROM 43RD AVENUE TO 52"D
AVENUE)
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Change Order No. 3 and payment of Sheltra & Son
Construction Co., Inc., Application for Payment No. 6,
dated September 30, 2010 m the amount of $20,292.60, as
recommended in the memorandum of October 18, 2010.
8.J. WORK ORDER No. 11 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR PEDESTRIAN
BRIDGE ON INDIAN RIVER BOULEVARD OVER 14TH STREET CANAL -
RELEASE OF RETAINAGE FOR DESIGN -IRC PROJECT NO. 0745
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
9
November 2, 2010
payment of Bridge Design Associates, Inc., Invoice No.
08-585//R, dated October 1, 2010 in the amount of
$479.40 for release of retainage for the plans preparation
portion of Work order No. 11, as recommended in the
memorandum of October 11, 2010.
8.K. INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX, BID # 2009043
DEANGELIS DIAMOND CONSTRUCTION, INC., CHANGE ORDER No. 1,
RELEASE OF RETAINAGE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Change Order No. 1 and payment of DeAngelis Diamond
Construction, Inc. Application for Payment No. 11 in the
amount of $129,103.25, as recommended in the
memorandum of October 14, 2010.
8.L AUTHORIZATION FOR THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE
TO EXECUTE HOLD HARMLESS AGREEMENTS ON BEHALF OF THE BOARD
OF COUNTY COMMISSIONERS; APPROVAL OF AUTHORIZING RESOLUTION
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2010-092, granting authorization to the Public
Works Director or his designee to execute Hold Harmless
Agreements on behalf of Indian River County to allow
exhibitors, through the Cultural Council of hldian River
County, to display art in County owned buildings.
10
November 2, 2010
payment of Bridge Design Associates, Inc., Invoice No.
08-585//R, dated October 1, 2010 in the amount of
$479.40 for release of retainage for the plans preparation
portion of Work order No. 11, as recommended in the
memorandum of October 11, 2010.
8.K. INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX, BID # 2009043
DEANGELIS DIAMOND CONSTRUCTION, INC., CHANGE ORDER No. 1,
RELEASE OF RETAINAGE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Change Order No. 1 and payment of DeAngelis Diamond
Construction, Inc. Application for Payment No. 11 in the
amount of $129,103.25, as recommended in the
memorandum of October 14, 2010.
8.L AUTHORIZATION FOR THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE
TO EXECUTE HOLD HARMLESS AGREEMENTS ON BEHALF OF THE BOARD
OF COUNTY COMMISSIONERS; APPROVAL OF AUTHORIZING RESOLUTION
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2010-092, granting authorization to the Public
Works Director or his designee to execute Hold Harmless
Agreements on behalf of Indian River County to allow
exhibitors, through the Cultural Council of hldian River
County, to display art in County owned buildings.
10
November 2, 2010
8.M. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2010/2011 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously
approved: (1) the Certificate of Acceptance of Subgrant
Award for the Indian River County Substance Awareness
Drug Testing Program Grant in the amount of $27,686; (2)
the Certificate of Acceptance of Subgrant Award for the
Multi -Agency Criminal Enforcement Unit in the amount
of $73,037; and (3) the agreement with the Substance
Awareness Council of Indian River County as
recommended in the memorandum of October 26, 2010.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. AGREEMENT FOR TRAFFIC SIGNAL SYNCHRONIZATION WITH FLORIDA
EAST COAST RAILWAY, L.L.C. (FECRR) FOR 53RD STREET
RAILROAD/HIGHWAY GRADE CROSSING
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman's signature on the Florida
East Coast Railway L L C (FECRR) Agreement for
Synchronization of Grade Crossing and Traffic Control
Devices, as recommended in the memorandum of October
26, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11
November 2, 2010
8.M. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2010/2011 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously
approved: (1) the Certificate of Acceptance of Subgrant
Award for the Indian River County Substance Awareness
Drug Testing Program Grant in the amount of $27,686; (2)
the Certificate of Acceptance of Subgrant Award for the
Multi -Agency Criminal Enforcement Unit in the amount
of $73,037; and (3) the agreement with the Substance
Awareness Council of Indian River County as
recommended in the memorandum of October 26, 2010.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. AGREEMENT FOR TRAFFIC SIGNAL SYNCHRONIZATION WITH FLORIDA
EAST COAST RAILWAY, L.L.C. (FECRR) FOR 53RD STREET
RAILROAD/HIGHWAY GRADE CROSSING
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman's signature on the Florida
East Coast Railway L L C (FECRR) Agreement for
Synchronization of Grade Crossing and Traffic Control
Devices, as recommended in the memorandum of October
26, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11
November 2, 2010
8.0. HOLIDAY SCHEDULE FOR INDIAN RIVER COUNTY LIBRARY SYSTEM AND
INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the following holiday schedules for the Veteran's Day,
Thanksgiving, Christmas and New Year's holidays for the
Libraries and Shooting Range as presented in staff's report
(pages 148-150), and as recommended in the
memorandum of October 25, 2010.
The North County, Gifford, and Brackett Libraries will be
closed on Veteran's Day, November 11; Thanksgiving,
November 25 and 26; Christmas, December 24 through
December 26; and New Year's, December 31 through
January 2, 2011.
The Main Library will be closed on Veteran's Day,
November 11; Thanksgiving, November 25 and 26`x';
Christmas, December 24 through December 26; and New
Year's, December 31 and January 1, 2011 (open January
2, 2011).
The Law Library will be closed on Veteran's Day,
November 1 1 ; Thanksgiving, November 25 and 26"';
Christmas, December 24 through December 27; and New
Year's, December 31 through January 2, 2011.
The Shooting Range will be open on Veteran's Day
November 11; closed on Thanksgiving, November 25 and
12
November 2, 2010
8.0. HOLIDAY SCHEDULE FOR INDIAN RIVER COUNTY LIBRARY SYSTEM AND
INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the following holiday schedules for the Veteran's Day,
Thanksgiving, Christmas and New Year's holidays for the
Libraries and Shooting Range as presented in staff's report
(pages 148-150), and as recommended in the
memorandum of October 25, 2010.
The North County, Gifford, and Brackett Libraries will be
closed on Veteran's Day, November 11; Thanksgiving,
November 25 and 26; Christmas, December 24 through
December 26; and New Year's, December 31 through
January 2, 2011.
The Main Library will be closed on Veteran's Day,
November 11; Thanksgiving, November 25 and 26`x';
Christmas, December 24 through December 26; and New
Year's, December 31 and January 1, 2011 (open January
2, 2011).
The Law Library will be closed on Veteran's Day,
November 1 1 ; Thanksgiving, November 25 and 26"';
Christmas, December 24 through December 27; and New
Year's, December 31 through January 2, 2011.
The Shooting Range will be open on Veteran's Day
November 11; closed on Thanksgiving, November 25 and
12
November 2, 2010
26; Christmas, December 25 and 27 (open December 26
and December 31); and closed New Year's January 1,
2011.
(Clerk's Note: For further details, see posted schedule on the County's website)
8.P. INSURANCE MARKETING RFQ/RFP PROCESS; Si VER INSURANCE
CONSULTANTS
0
MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Siver Insurance Consultants for the self-insurance
program marketing and implementation at a not -to -exceed
cost of $28,000.00, as recommended in the memorandum
of October 26, 2010.
8.Q. AMENDMENT NO. 1 TO WORK ORDER No. 11 TO THE PROFESSIONAL
BRIDGE DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN
ASSOCIATES, INC. FOR PEDESTRIAN BRIDGE ON INDIAN RIVER
BOULEVARD OVER 14T!1 STREET CANAL FINAL PAY AND RELEASE OF
RETAINAGE IRC PROJECT #0745
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
payment of the Bridge Design Associates, Inc. Invoice No.
08-585/P3, dated September 13, 2010, in the amount of
$1,342.01 for final payment and release of retainage for
Amendment No. 1 to Work Order No. 11, as
recommended in the memorandum of October 12, 2010.
13
November 2, 2010
26; Christmas, December 25 and 27 (open December 26
and December 31); and closed New Year's January 1,
2011.
(Clerk's Note: For further details, see posted schedule on the County's website)
8.P. INSURANCE MARKETING RFQ/RFP PROCESS; Si VER INSURANCE
CONSULTANTS
0
MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Siver Insurance Consultants for the self-insurance
program marketing and implementation at a not -to -exceed
cost of $28,000.00, as recommended in the memorandum
of October 26, 2010.
8.Q. AMENDMENT NO. 1 TO WORK ORDER No. 11 TO THE PROFESSIONAL
BRIDGE DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN
ASSOCIATES, INC. FOR PEDESTRIAN BRIDGE ON INDIAN RIVER
BOULEVARD OVER 14T!1 STREET CANAL FINAL PAY AND RELEASE OF
RETAINAGE IRC PROJECT #0745
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
payment of the Bridge Design Associates, Inc. Invoice No.
08-585/P3, dated September 13, 2010, in the amount of
$1,342.01 for final payment and release of retainage for
Amendment No. 1 to Work Order No. 11, as
recommended in the memorandum of October 12, 2010.
13
November 2, 2010
8.R. 53RD STREET RAILROAD CROSSING AGREEMENT, AMENDMENT No. 1
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute Amendment No. 1
with Florida East Coast Railway, LLC (FEC), authorizing
the additional cost of $201,560.00, as recommended in the
memorandum of October 27, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510
FROM CR 512 TO 75TH COURT - AMENDMENT NO. 6 AND DEVELOPER'S
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND PUBLIX SUPER
MARKETS, INC.
ON MOTION by Commissioner Flescher, SECO\DED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute: (1) Amendment
No. 6 Final Design and Plans Preparation for CR 510 from.
CR 512 to east of 75th Court by Stanley Consultants, Inc.;
and (2) the Developer's Agreement with Publix Super
Markets, Inc., as recommended in the memorandum of
October 15, 2010.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14
November 2, 2010
8.R. 53RD STREET RAILROAD CROSSING AGREEMENT, AMENDMENT No. 1
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute Amendment No. 1
with Florida East Coast Railway, LLC (FEC), authorizing
the additional cost of $201,560.00, as recommended in the
memorandum of October 27, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510
FROM CR 512 TO 75TH COURT - AMENDMENT NO. 6 AND DEVELOPER'S
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND PUBLIX SUPER
MARKETS, INC.
ON MOTION by Commissioner Flescher, SECO\DED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute: (1) Amendment
No. 6 Final Design and Plans Preparation for CR 510 from.
CR 512 to east of 75th Court by Stanley Consultants, Inc.;
and (2) the Developer's Agreement with Publix Super
Markets, Inc., as recommended in the memorandum of
October 15, 2010.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14
November 2, 2010
8.T. SECOND MODIFICATION TO LEASE AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND MARK SMITH
ON MOTION by Commissioner Flescher SECONDED
by Commissioner Davis, the Board unanimously
authorized the Chairman to execute the Second
Modification to Lease Agreement with Mark Smith,
providing for Mr. Smith to reside as a tenant within the
South County Regional Parlc, with the lease to expire on
April 30, 2011 as recommended in the memorandum of
October 25, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.U. NORTH & SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT
PLANTS FINAL PAY FOR WORK ORDER No. 8 - DETERMINATION OF
ALTERNATIVE WATER SUPPLY SOURCE BY CAMP DRESSER & MCKEE,
INC.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the final payment in the amount of $112.50 to Camp
Dresser and McKee (CDM), as noted in staffs report on
page 176, and as recommended in the memorandum of
October 14, 2010.
15
November 2, 2010
•
8.T. SECOND MODIFICATION TO LEASE AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND MARK SMITH
ON MOTION by Commissioner Flescher SECONDED
by Commissioner Davis, the Board unanimously
authorized the Chairman to execute the Second
Modification to Lease Agreement with Mark Smith,
providing for Mr. Smith to reside as a tenant within the
South County Regional Parlc, with the lease to expire on
April 30, 2011 as recommended in the memorandum of
October 25, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.U. NORTH & SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT
PLANTS FINAL PAY FOR WORK ORDER No. 8 - DETERMINATION OF
ALTERNATIVE WATER SUPPLY SOURCE BY CAMP DRESSER & MCKEE,
INC.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the final payment in the amount of $112.50 to Camp
Dresser and McKee (CDM), as noted in staffs report on
page 176, and as recommended in the memorandum of
October 14, 2010.
15
November 2, 2010
•
8.V. 12" WATER MAIN RELOCATION ON USI AT SOUTH RELIEF CANAL, UCP
No. 4048, FINAL PAYMENT TO SHEL TRA AND SON CONSTRUCTION CO.,
INC. AND RELEASE OF RETAINAGE, W.I.P. No. 471-23536-044699-10508
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved the total project construction cost of $31,813.00;
and (2) approved the Application for Payment No. 2 —
Final as final payment to the contractor, Sheltra and Son
Construction Company Inc., in the amount of $1 590.65,
as recommended in the memorandum of October 21,
2010.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DER YL LOAR, INDIAN RIVER COUNTY SHERIFF
B UREA U OF JUSTICE ASSISTANCE STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM
Sheriff Deryl Loar explained that the State Criminal Alien Assistance Program (SCAAP),
through the Department of Justice's Bureau of Justice Assistance (BJA), provides funding for
costs associated with incarcerating undocumented criminal aliens in the correctional facilities.
He asked the Board to issue to the Sheriffs office a check in the gross amount of the FY 2010
SCAPP Award of $144,874.00, to be used for payment of $26,077.32 to Justice Benefits (the
consulting firm involved in the data submittal to the BJA), with the balance of $118,796.68 to
augment funds needed for innate care.
16
November 2, 2010
8.V. 12" WATER MAIN RELOCATION ON USI AT SOUTH RELIEF CANAL, UCP
No. 4048, FINAL PAYMENT TO SHEL TRA AND SON CONSTRUCTION CO.,
INC. AND RELEASE OF RETAINAGE, W.I.P. No. 471-23536-044699-10508
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved the total project construction cost of $31,813.00;
and (2) approved the Application for Payment No. 2 —
Final as final payment to the contractor, Sheltra and Son
Construction Company Inc., in the amount of $1 590.65,
as recommended in the memorandum of October 21,
2010.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DER YL LOAR, INDIAN RIVER COUNTY SHERIFF
B UREA U OF JUSTICE ASSISTANCE STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM
Sheriff Deryl Loar explained that the State Criminal Alien Assistance Program (SCAAP),
through the Department of Justice's Bureau of Justice Assistance (BJA), provides funding for
costs associated with incarcerating undocumented criminal aliens in the correctional facilities.
He asked the Board to issue to the Sheriffs office a check in the gross amount of the FY 2010
SCAPP Award of $144,874.00, to be used for payment of $26,077.32 to Justice Benefits (the
consulting firm involved in the data submittal to the BJA), with the balance of $118,796.68 to
augment funds needed for innate care.
16
November 2, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, the Board unanimously approved
for the County to issue a check in the amount of
$144,874.00, to the County Sheriff's Department, with
$26,077.32 to be used for payment to the consulting firm
of Justice Benefits, Inc., and the balance of $118,796.68 to
augment funds needed for inmate care, as requested in the
letter of October 26, 2010.
10. PUBLIC ITEMS
1O.A. PUBLIC HEARINGS
10.A.1. COUNTY INITIATED REQUEST TO AMEND THE CAPITAL IMPROVEMENTS
ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating, through a PowerPoint presentation
(on file), provided a comprehensive overview and analysis on the County -initiated request to
amend the Capital Improvements Element (CIE) of the 2030 Comprehensive Plan. He outlined
the proposed changes to the CIE, which include removal of Priority Transportation Capital
Improvements (Appendix B), updates reflecting less revenue to the existing revenue information,
and updates to the 5 -year Capital Improvements Program (CIP). He noted that under the five-
year projected Transportation Revenue, the bonding of the additional option local gas tax in
FY2014/2015 shows a yield of $44,805.166 in FY 2014/2015. Director Keating confirmed that
there is enough revenue to accommodate the expenditures which are reflected in the CIE and
asked the Board to adopt the proposed Ordinance amending the Capital Improvements Element.
17
November 2, 2010
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, the Board unanimously approved
for the County to issue a check in the amount of
$144,874.00, to the County Sheriff's Department, with
$26,077.32 to be used for payment to the consulting firm
of Justice Benefits, Inc., and the balance of $118,796.68 to
augment funds needed for inmate care, as requested in the
letter of October 26, 2010.
10. PUBLIC ITEMS
1O.A. PUBLIC HEARINGS
10.A.1. COUNTY INITIATED REQUEST TO AMEND THE CAPITAL IMPROVEMENTS
ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating, through a PowerPoint presentation
(on file), provided a comprehensive overview and analysis on the County -initiated request to
amend the Capital Improvements Element (CIE) of the 2030 Comprehensive Plan. He outlined
the proposed changes to the CIE, which include removal of Priority Transportation Capital
Improvements (Appendix B), updates reflecting less revenue to the existing revenue information,
and updates to the 5 -year Capital Improvements Program (CIP). He noted that under the five-
year projected Transportation Revenue, the bonding of the additional option local gas tax in
FY2014/2015 shows a yield of $44,805.166 in FY 2014/2015. Director Keating confirmed that
there is enough revenue to accommodate the expenditures which are reflected in the CIE and
asked the Board to adopt the proposed Ordinance amending the Capital Improvements Element.
17
November 2, 2010
Office of Budget and Management Director Jason Brown responded to questions from
the Commissioners on the capital expenditure amounts in the five-year Capital Improvements
Plan, and the source of funding for an additional fire station.
Chairman O'Bryan confirmed with Director Keating that Board approval of the proposed
CIE amendments today does not constitute approval of the proposed additional local gas option
tax (referenced in projected Transportation Revenues for 2014/2015).
The Chairman opened the Public Hearing.
Joseph Paladin, President Black Swan Consulting, posed questions to staff and made
observations regarding the concurrency certificates.
A broad -ranging discussion ensued, wherein individual Commissioners remarked on
concurrency; impact fees; the upcoming projects of Liberty Park and Bristol Bay (IHP Capital
Partners); and the necessity to begin constructing infrastructure, such as roads, prior to a
developer's completion of a project.
Director Keating and Chairman O'Bryan responded to Renee Renzi, Waverly Place, who
asked what consequences Amendment 4, if passed, would have on the County's Comprehensive
Plan process and on the Planning Department.
(Clerk's Note: Amendment 4 proposes requiring a taxpayer funded referendum for all
changes to local government comprehensive land -use plans, and is a ballot item of the General
Election of November 2, 2010).
Bob Johnson, Coral Wind Subdivision, requested further explanation on the increased
local option fuel tax proposed for FY2014/201.5.
18
November 2, 2010
Office of Budget and Management Director Jason Brown responded to questions from
the Commissioners on the capital expenditure amounts in the five-year Capital Improvements
Plan, and the source of funding for an additional fire station.
Chairman O'Bryan confirmed with Director Keating that Board approval of the proposed
CIE amendments today does not constitute approval of the proposed additional local gas option
tax (referenced in projected Transportation Revenues for 2014/2015).
The Chairman opened the Public Hearing.
Joseph Paladin, President Black Swan Consulting, posed questions to staff and made
observations regarding the concurrency certificates.
A broad -ranging discussion ensued, wherein individual Commissioners remarked on
concurrency; impact fees; the upcoming projects of Liberty Park and Bristol Bay (IHP Capital
Partners); and the necessity to begin constructing infrastructure, such as roads, prior to a
developer's completion of a project.
Director Keating and Chairman O'Bryan responded to Renee Renzi, Waverly Place, who
asked what consequences Amendment 4, if passed, would have on the County's Comprehensive
Plan process and on the Planning Department.
(Clerk's Note: Amendment 4 proposes requiring a taxpayer funded referendum for all
changes to local government comprehensive land -use plans, and is a ballot item of the General
Election of November 2, 2010).
Bob Johnson, Coral Wind Subdivision, requested further explanation on the increased
local option fuel tax proposed for FY2014/201.5.
18
November 2, 2010
Director Brown explained that the tax would have to be approved by a resolution of the
Board, and that the decision would be made 3 '/2 to 4 years from now, not impacting anything in
the first three years of the Plan
Chairman O'Bryan added that the decision to raise the tax would also require a public
hearing and approval by Board supermajority.
Richard Hutton, 1975 SW 1st Place, speaking on behalf of the senior community, voiced
concern about a possible increase to the local gas tax, and asked whether it was a projection or a
certainty.
Chairman O'Bryan informed Mr. Hutton that the proposed increase is a projection, but
stated that an increase may be required in order to maintain LOS (Level of Service) standards
Discussion ensued among individual Commissioners and staff on the reasons for the
proposed gas tax. The Board and staff also speculated on why gasoline prices are higher in
Indian River, than neighboring Counties.
Brian Carman, Indian River Neighborhood Association (IRNA), spoke in opposition to
the proposed increase in the local option fuel tax, believing that impact fees should be properly
assessed to pay for growth. He also suggested scaling back on some of the County's projects.
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Ordinance 2010-024, amending the text of the
Comprehensive Plan's Capital Improvements Element,
and providing the severability and effective date.
19
November 2, 2010
Director Brown explained that the tax would have to be approved by a resolution of the
Board, and that the decision would be made 3 '/2 to 4 years from now, not impacting anything in
the first three years of the Plan
Chairman O'Bryan added that the decision to raise the tax would also require a public
hearing and approval by Board supermajority.
Richard Hutton, 1975 SW 1st Place, speaking on behalf of the senior community, voiced
concern about a possible increase to the local gas tax, and asked whether it was a projection or a
certainty.
Chairman O'Bryan informed Mr. Hutton that the proposed increase is a projection, but
stated that an increase may be required in order to maintain LOS (Level of Service) standards
Discussion ensued among individual Commissioners and staff on the reasons for the
proposed gas tax. The Board and staff also speculated on why gasoline prices are higher in
Indian River, than neighboring Counties.
Brian Carman, Indian River Neighborhood Association (IRNA), spoke in opposition to
the proposed increase in the local option fuel tax, believing that impact fees should be properly
assessed to pay for growth. He also suggested scaling back on some of the County's projects.
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Ordinance 2010-024, amending the text of the
Comprehensive Plan's Capital Improvements Element,
and providing the severability and effective date.
19
November 2, 2010
The Chairman called a break at 10:29 a.m. and reconvened the meeting at 10:45 a.m.,
with all members present.
10.B. PUBLIC DISCUSSIONITEIMIS
10.B.1. REQUEST TO SPEAK FROM ARDRA RIGBY AND GEORGE (BILL) RIGBY
REGARDING WASTE MANAGEMENT CONTRACTS
Ardra Rigby and George (Bill) Rigby, both of 8465 59`1' Avenue, Capital Sanitation,
addressed the Board regarding the County's processes for procuring residential solid waste
collection services. They provided background history of the waste hauling franchises and
referenced Chapters 59-1380 and 287, Florida Statutes, to support their conviction that the
County's awards of the waste hauling franchise should have been done through a competitive bid
process. The Rigby's asked to be given the opportunity, through the competitive bid process, to
provide services for the Enterprise Zone.
A lengthy discussion ensued as Commissioners, Attorney Polackwich, and the Rigby's
talked about the County's practices for awarding franchises, including the past and current waste
hauling franchises.
Attorney Polackwich gave a brief history of the original and current waste hauling
franchises, and referenced State Statutes to support his opinion that the County's processes had
been legal.
Commissioner Wheeler wanted to ensure that the process was not only legal, but also fair
and consistent with the way similar franchises are awarded, and wanted to have staff analyze
whether more competitive prices could be obtained via the bid process.
Further discussion ensued regarding curbside recycling, and how it is funded.
20
November 2, 2010
The Chairman called a break at 10:29 a.m. and reconvened the meeting at 10:45 a.m.,
with all members present.
10.B. PUBLIC DISCUSSIONITEIMIS
10.B.1. REQUEST TO SPEAK FROM ARDRA RIGBY AND GEORGE (BILL) RIGBY
REGARDING WASTE MANAGEMENT CONTRACTS
Ardra Rigby and George (Bill) Rigby, both of 8465 59`1' Avenue, Capital Sanitation,
addressed the Board regarding the County's processes for procuring residential solid waste
collection services. They provided background history of the waste hauling franchises and
referenced Chapters 59-1380 and 287, Florida Statutes, to support their conviction that the
County's awards of the waste hauling franchise should have been done through a competitive bid
process. The Rigby's asked to be given the opportunity, through the competitive bid process, to
provide services for the Enterprise Zone.
A lengthy discussion ensued as Commissioners, Attorney Polackwich, and the Rigby's
talked about the County's practices for awarding franchises, including the past and current waste
hauling franchises.
Attorney Polackwich gave a brief history of the original and current waste hauling
franchises, and referenced State Statutes to support his opinion that the County's processes had
been legal.
Commissioner Wheeler wanted to ensure that the process was not only legal, but also fair
and consistent with the way similar franchises are awarded, and wanted to have staff analyze
whether more competitive prices could be obtained via the bid process.
Further discussion ensued regarding curbside recycling, and how it is funded.
20
November 2, 2010
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to direct staff to
return with further information to the Board related to the
County's processes and procedures associated with the
waste hauling franchises, including the curbside recycling.
Commissioner Davis asked that staff, when investigating this topic, remain mindful of
any cost savings which may result from the bundling of services.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed staff to
report back to the Board with further information related
to the County's processes and procedures associated with
the waste hauling franchise, including the curbside
recycling.
10.C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING No VEMBER 9, 2010:
CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS
PROPERTIES FOR AFFORDABLE HOUSING (LEGISLATIVE)
County Attorney Alan S. Polackwich, Sr. read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS -NONE
21
November 2, 2010
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to direct staff to
return with further information to the Board related to the
County's processes and procedures associated with the
waste hauling franchises, including the curbside recycling.
Commissioner Davis asked that staff, when investigating this topic, remain mindful of
any cost savings which may result from the bundling of services.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed staff to
report back to the Board with further information related
to the County's processes and procedures associated with
the waste hauling franchise, including the curbside
recycling.
10.C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING No VEMBER 9, 2010:
CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS
PROPERTIES FOR AFFORDABLE HOUSING (LEGISLATIVE)
County Attorney Alan S. Polackwich, Sr. read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS -NONE
21
November 2, 2010
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST FOR A UTHORIZA TION TO ABATE RECURRENCE OF A PUBLIC
NUISANCE ON AN UNMAINTAINED GOLF COURSE WITHIN VISTA
GARDENS MULTIFAMILY DEVELOPMENT (LANDOWNER: VISTA GOLF
LLC; CODE ENFORCEMENT CASE No. 2009060086)
Roland DeBlois, Chief of Environmental Planning and Code Enforcement, used a
PowerPoint presentation (on file), to present background description, history, and analysis
pertaining to a recurring situation involving overgrown weeds on an unmaintained golf course
located within Vista Gardens, and owned by Vista Golf, LLC He recalled that on May 18, 2010,
the Board voted to continue with periodic mowing, pending a potential sale from the owner to
the neighboring condominium, Vista Royale, with the costs recorded as a lien. Chief DeBlois
conveyed staffs recommendation for the Board to once again authorize the hiring of a contractor
to mow the golf course at the subject site.
Commissioner Flescher supported the mowing, in order to maintain the quality of life for
the Vista Gardens residents. However, he could not understand why Vista Golf, LLC was
having the golf course at Vista Royale mowed, while continuing to accrue fees and penalties for
the overgrown weeds at the Gardens.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve staff's
recommendation.
Attorney Polacicwich responded to Commissioner Davis's inquiry on who has clear title
to the Vista Gardens Golf Course. He advised that his research has indicated that the only lien
that has priority over the County's is a tax lien of the Florida Department of Revenue.
22
November 2, 2010
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST FOR A UTHORIZA TION TO ABATE RECURRENCE OF A PUBLIC
NUISANCE ON AN UNMAINTAINED GOLF COURSE WITHIN VISTA
GARDENS MULTIFAMILY DEVELOPMENT (LANDOWNER: VISTA GOLF
LLC; CODE ENFORCEMENT CASE No. 2009060086)
Roland DeBlois, Chief of Environmental Planning and Code Enforcement, used a
PowerPoint presentation (on file), to present background description, history, and analysis
pertaining to a recurring situation involving overgrown weeds on an unmaintained golf course
located within Vista Gardens, and owned by Vista Golf, LLC He recalled that on May 18, 2010,
the Board voted to continue with periodic mowing, pending a potential sale from the owner to
the neighboring condominium, Vista Royale, with the costs recorded as a lien. Chief DeBlois
conveyed staffs recommendation for the Board to once again authorize the hiring of a contractor
to mow the golf course at the subject site.
Commissioner Flescher supported the mowing, in order to maintain the quality of life for
the Vista Gardens residents. However, he could not understand why Vista Golf, LLC was
having the golf course at Vista Royale mowed, while continuing to accrue fees and penalties for
the overgrown weeds at the Gardens.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve staff's
recommendation.
Attorney Polacicwich responded to Commissioner Davis's inquiry on who has clear title
to the Vista Gardens Golf Course. He advised that his research has indicated that the only lien
that has priority over the County's is a tax lien of the Florida Department of Revenue.
22
November 2, 2010
Raymond Batt, Vista Gardens, told Commissioners that Vista Golf, LLC and Vista
Royale were currently in negotiations regarding the purchase of the Vista Gardens Golf Course
by Vista Royale; however, there seems to be opposition among the residents. He opined that the
ideal situation would be for Vista Gardens to own its own 9 -hole golf course, and Vista Royale
to own its own 18 -hole golf course and hoped that in the future, the two communities could have
their restrictive covenants modified. He thanked the Board for taking care of the Vista Gardens
property for the time being.
Although Vice Chairman Solari supported taking care of the property for the residents, he
suspected that the County's efforts might be a disincentive for the owner to do the right thing.
He wanted to work towards a better solution.
Chairman O'Bryan observed that his patience with the owner has run out. He wished to
send the owner an invoice for the administrative and mowing costs, and begin foreclosure
proceedings if the owner does not pay.
Vice Chairman Solari suggested the County Attorney look into the foreclosure process
before a Motion is made.
Commissioner Wheeler suggested raising the owner's fine to the possible maximum
amount, and wanted the County Attorney to return to the Board with some options for resolving
this situation.
Chairman O'Bryan directed Attorney Polackwich to explore the County's options on
getting payment or bringing Vista Golf, LLC to foreclosure, and Commissioner Davis asked for
a title search to be added to staff's research.
Attorney Polackwich substantiated Chairman O'Bryan's assessment that the County
would not be able to assess the code enforcement lien when the golf course has been mowed. He
23
November 2, 2010
Raymond Batt, Vista Gardens, told Commissioners that Vista Golf, LLC and Vista
Royale were currently in negotiations regarding the purchase of the Vista Gardens Golf Course
by Vista Royale; however, there seems to be opposition among the residents. He opined that the
ideal situation would be for Vista Gardens to own its own 9 -hole golf course, and Vista Royale
to own its own 18 -hole golf course and hoped that in the future, the two communities could have
their restrictive covenants modified. He thanked the Board for taking care of the Vista Gardens
property for the time being.
Although Vice Chairman Solari supported taking care of the property for the residents, he
suspected that the County's efforts might be a disincentive for the owner to do the right thing.
He wanted to work towards a better solution.
Chairman O'Bryan observed that his patience with the owner has run out. He wished to
send the owner an invoice for the administrative and mowing costs, and begin foreclosure
proceedings if the owner does not pay.
Vice Chairman Solari suggested the County Attorney look into the foreclosure process
before a Motion is made.
Commissioner Wheeler suggested raising the owner's fine to the possible maximum
amount, and wanted the County Attorney to return to the Board with some options for resolving
this situation.
Chairman O'Bryan directed Attorney Polackwich to explore the County's options on
getting payment or bringing Vista Golf, LLC to foreclosure, and Commissioner Davis asked for
a title search to be added to staff's research.
Attorney Polackwich substantiated Chairman O'Bryan's assessment that the County
would not be able to assess the code enforcement lien when the golf course has been mowed. He
23
November 2, 2010
reiterated that only the DOR's lien is ahead of the County's, but agreed to review the title search
staff has already conducted.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board authorized the
County's employees, servants, agents, or contractors to
again enter upon the Vista Golf, LLC property within
Vista Gardens at all reasonable times and take whatever
action is necessary to abate the nuisance described in this
report, with costs of the abatement to be recorded as a lien
against the subject property, as recommended in the
memorandum of October 15, 2010.
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES -NONE
12. E. HUMAN SERVICES -NONE
12. F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.1. PUBLIC WORKS -NONE
24
November 2, 2010
reiterated that only the DOR's lien is ahead of the County's, but agreed to review the title search
staff has already conducted.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board authorized the
County's employees, servants, agents, or contractors to
again enter upon the Vista Golf, LLC property within
Vista Gardens at all reasonable times and take whatever
action is necessary to abate the nuisance described in this
report, with costs of the abatement to be recorded as a lien
against the subject property, as recommended in the
memorandum of October 15, 2010.
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES -NONE
12. E. HUMAN SERVICES -NONE
12. F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.1. PUBLIC WORKS -NONE
24
November 2, 2010
12. J UTILITIES SERVICES
12.11. SPOONBILL MARSH WETLAND FACILITY CHANGE ORDER No. 6, FINAL
PAYMENT AND RELEASE OF RETAINAGE TO TIMOTHY ROSE
CONTRACTING, INC.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute: (1) Change
Order No. 6 for miscellaneous contract items in the
amount of $12,811.90; and (2) final payment and release
of retainage in the amount of $129,230.17, both to
Timothy Rose Contracting, Inc., as recommended in the
memorandum of October 12, 2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.12. CHANGE ORDER No. 2 TO IRC BID No. 2010024 TO TIM TIMOTHY ROSE
CONTRACTING, INC. FOR MISCELLANEOUS PROJECT CHANGES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute Change Order No.
2 with Timothy Rose Contracting, Inc., in the amount of
$34,366.91, as recommended in the memorandum of
October 13, 2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
25
November 2, 2010
12. J UTILITIES SERVICES
12.11. SPOONBILL MARSH WETLAND FACILITY CHANGE ORDER No. 6, FINAL
PAYMENT AND RELEASE OF RETAINAGE TO TIMOTHY ROSE
CONTRACTING, INC.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute: (1) Change
Order No. 6 for miscellaneous contract items in the
amount of $12,811.90; and (2) final payment and release
of retainage in the amount of $129,230.17, both to
Timothy Rose Contracting, Inc., as recommended in the
memorandum of October 12, 2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.12. CHANGE ORDER No. 2 TO IRC BID No. 2010024 TO TIM TIMOTHY ROSE
CONTRACTING, INC. FOR MISCELLANEOUS PROJECT CHANGES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute Change Order No.
2 with Timothy Rose Contracting, Inc., in the amount of
$34,366.91, as recommended in the memorandum of
October 13, 2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
25
November 2, 2010
12.13. CONSTRUCTION OF Two 6" FORCE MAIN BORES UNDER 66"l AVENUE
AND THE RANGELINE CANAL IN CONJUNCTION WITH THE 16m STREET
PAVEMENT PROJECT No. 9920 FROM 66111 AVENUE TO 74 "1 AVENUE -
RESCIND APPROVAL OF WORK AUTHORIZATION NO. 2009-009 AND
APPROVE WORK AUTHORIZATION No. 2010-001- UCP 4053
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved rescinding Work Authorization No. 2009-009 to
Sheltra and Son Construction Co., Inc.; (2) approved
Work Authorization No. 2010-001 to Melvin Bush
Construction, Inc., for an amount of $20,856.53 for labor
(See page 335 of the backup); and (3) approved a new cost
estimate total for the two force main bores of $31,998.87,
all as recommended in the memorandum of October 18,
2010.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS NONE
13.A. INTERIM REPORT ON NEGOTIATIONS WITH CITY OF VERO BEACH
RELATING TO DODGER TO WN PROPERTY
County Attorney Alan S. Polackwich, Sr. updated the Board on negotiations with the City
of Vero Beach ("the City") pertaining to the request of Minor League Baseball (MiLB) to
expand its operations at Vero Beach Sports Village (F.K.A. Dodgertown) by constructing
cloverleaf youth -sized baseball fields and a soccer field on the City's property. He recalled that
on October 19, 2010, the Board had approved long-term leases for a property exchange involving
11.93 acres ("Expansion Property") owned by the City, and 9.3 acres ("Parking Property")
26
November 2, 2010
12.13. CONSTRUCTION OF Two 6" FORCE MAIN BORES UNDER 66"l AVENUE
AND THE RANGELINE CANAL IN CONJUNCTION WITH THE 16m STREET
PAVEMENT PROJECT No. 9920 FROM 66111 AVENUE TO 74 "1 AVENUE -
RESCIND APPROVAL OF WORK AUTHORIZATION NO. 2009-009 AND
APPROVE WORK AUTHORIZATION No. 2010-001- UCP 4053
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved rescinding Work Authorization No. 2009-009 to
Sheltra and Son Construction Co., Inc.; (2) approved
Work Authorization No. 2010-001 to Melvin Bush
Construction, Inc., for an amount of $20,856.53 for labor
(See page 335 of the backup); and (3) approved a new cost
estimate total for the two force main bores of $31,998.87,
all as recommended in the memorandum of October 18,
2010.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS NONE
13.A. INTERIM REPORT ON NEGOTIATIONS WITH CITY OF VERO BEACH
RELATING TO DODGER TO WN PROPERTY
County Attorney Alan S. Polackwich, Sr. updated the Board on negotiations with the City
of Vero Beach ("the City") pertaining to the request of Minor League Baseball (MiLB) to
expand its operations at Vero Beach Sports Village (F.K.A. Dodgertown) by constructing
cloverleaf youth -sized baseball fields and a soccer field on the City's property. He recalled that
on October 19, 2010, the Board had approved long-term leases for a property exchange involving
11.93 acres ("Expansion Property") owned by the City, and 9.3 acres ("Parking Property")
26
November 2, 2010
owned by the County and used for parking, and asked staff to work with the City on parking
options for the County. Attorney Polackwich thereafter provided a detailed analysis of the land
exchange and parking alternatives, including the concept of having onsite parking on the practice
fields at Vero Beach Sports Village. He explained his preference for a deed exchange, rather
than a lease agreement, and noted that the City would allow the County, through a revocable
license, to continue to use the parking parcel until parking becomes an incompatible use
with the property. He asked the Board to consider the options of onsite parking, and a deed
exchange, rather than the previously approved lease.
Commissioner Wheeler, alluding to staff's report, said that if the City gives the County
an access easement to the Expansion Property, he would prefer to have it located on 43rd Avenue,
rather than 26th Street.
Attorney Polackwich conveyed that he would be consulting with Public Works on this
topic.
Commissioner Davis voiced concerns that having onsite parking on the practice fields
would dissuade a Major League Team from locating at the facility.
Craig Callan, Vice President MiLB, Vero Beach, explained his position that onsite
parking would not pose a barrier to obtaining a Major League team.
Chairman O'Bryan felt onsite parking would be a significant deterrent in getting a Major
League Team, who would probably not want to have ball fields shut down when parking spaces
are needed during home games.
Commissioner Davis spoke to the urgency of resolving this matter, because the success or
failure of MiLB's business plan hinged upon the receipt of the additional property.
27
November 2, 2010
owned by the County and used for parking, and asked staff to work with the City on parking
options for the County. Attorney Polackwich thereafter provided a detailed analysis of the land
exchange and parking alternatives, including the concept of having onsite parking on the practice
fields at Vero Beach Sports Village. He explained his preference for a deed exchange, rather
than a lease agreement, and noted that the City would allow the County, through a revocable
license, to continue to use the parking parcel until parking becomes an incompatible use
with the property. He asked the Board to consider the options of onsite parking, and a deed
exchange, rather than the previously approved lease.
Commissioner Wheeler, alluding to staff's report, said that if the City gives the County
an access easement to the Expansion Property, he would prefer to have it located on 43rd Avenue,
rather than 26th Street.
Attorney Polackwich conveyed that he would be consulting with Public Works on this
topic.
Commissioner Davis voiced concerns that having onsite parking on the practice fields
would dissuade a Major League Team from locating at the facility.
Craig Callan, Vice President MiLB, Vero Beach, explained his position that onsite
parking would not pose a barrier to obtaining a Major League team.
Chairman O'Bryan felt onsite parking would be a significant deterrent in getting a Major
League Team, who would probably not want to have ball fields shut down when parking spaces
are needed during home games.
Commissioner Davis spoke to the urgency of resolving this matter, because the success or
failure of MiLB's business plan hinged upon the receipt of the additional property.
27
November 2, 2010
Chairman O'Bryan supported the County's eventual acquisition of the Expansion
Property, but could not sanction losing guaranteed parking in exchange for a revocable parking
license. He recalled that in May 2009, the City Council had promised to provide additional
property for playing fields if required, and suggested that the quickest way to move forward
would be for the City to grant a short-term lease to MiLB.
Commissioner Wheeler supported the deed exchange wishing to support MiLB's plan
and the County's investment in Vero Beach Sports Village. He envisioned the County being
able to retain its current parking area for a long time.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, for discussion, to
approve the County Attorney's conceptual plan for the
transfer of properties between the City of Vero Beach and
the County, providing that Public Works approves of the
access easement to be located on 43rd Avenue to the
Expansion Property.
The Board CONSENSUS was for the County Attorney to negotiate the contract with the
City, and bring it back for Board approval or denial.
Vice Chairman Solari opposed the Motion, declaring that the first step should be to
approach the City Council about whether they will fulfill their promise to lease the property to
MILB.
Commissioner Flescher wondered if the incoming City of Vero Beach Council members
would honor a promise made by former members.
Mr. Callan emphasized MiLB's need for a speedy decision, and opined that negotiations
between the County and the City were going well.
28
November 2, 2010
Chairman O'Bryan supported the County's eventual acquisition of the Expansion
Property, but could not sanction losing guaranteed parking in exchange for a revocable parking
license. He recalled that in May 2009, the City Council had promised to provide additional
property for playing fields if required, and suggested that the quickest way to move forward
would be for the City to grant a short-term lease to MiLB.
Commissioner Wheeler supported the deed exchange wishing to support MiLB's plan
and the County's investment in Vero Beach Sports Village. He envisioned the County being
able to retain its current parking area for a long time.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, for discussion, to
approve the County Attorney's conceptual plan for the
transfer of properties between the City of Vero Beach and
the County, providing that Public Works approves of the
access easement to be located on 43rd Avenue to the
Expansion Property.
The Board CONSENSUS was for the County Attorney to negotiate the contract with the
City, and bring it back for Board approval or denial.
Vice Chairman Solari opposed the Motion, declaring that the first step should be to
approach the City Council about whether they will fulfill their promise to lease the property to
MILB.
Commissioner Flescher wondered if the incoming City of Vero Beach Council members
would honor a promise made by former members.
Mr. Callan emphasized MiLB's need for a speedy decision, and opined that negotiations
between the County and the City were going well.
28
November 2, 2010
Further discussion focused on the differences in value between the Parking Parcel and the
Expansion Parcel, and the importance of parking availability for the County.
Chairman O'Bryan supported the Motion so Attorney Polackwich could move forward
with negotiations, but if parking is not guaranteed to his satisfaction, he will oppose the contract
when it returns to the Board. He reiterated his opposition to onsite parking at the complex.
Further comments were made about various parking options; Administrator Baird's
former plan to put cloverleaf fields at the present Parking Property site; and the possibility of
eliminating deed restrictions when the City transfers the Expansion Property to the County.
The Chairman CALLED TIIE QUESTION, and by a 4-1
vote (Vice Chairman Solari opposed), the Motion carried.
The Board approved the County Attorney's conceptual
plan for the transfer of properties between the City of
Vero Beach and the County, providing that Public Works
approves of the access easement on 43rd Avenue to the
Expansion Property.
The Chairman called a break at 12:44 p.m. and reconvened the meeting at 12:59 p.m.,
with all members present.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. ®'BRYAN, CHAIRMAN -NONE
29
November 2, 2010
Further discussion focused on the differences in value between the Parking Parcel and the
Expansion Parcel, and the importance of parking availability for the County.
Chairman O'Bryan supported the Motion so Attorney Polackwich could move forward
with negotiations, but if parking is not guaranteed to his satisfaction, he will oppose the contract
when it returns to the Board. He reiterated his opposition to onsite parking at the complex.
Further comments were made about various parking options; Administrator Baird's
former plan to put cloverleaf fields at the present Parking Property site; and the possibility of
eliminating deed restrictions when the City transfers the Expansion Property to the County.
The Chairman CALLED TIIE QUESTION, and by a 4-1
vote (Vice Chairman Solari opposed), the Motion carried.
The Board approved the County Attorney's conceptual
plan for the transfer of properties between the City of
Vero Beach and the County, providing that Public Works
approves of the access easement on 43rd Avenue to the
Expansion Property.
The Chairman called a break at 12:44 p.m. and reconvened the meeting at 12:59 p.m.,
with all members present.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. ®'BRYAN, CHAIRMAN -NONE
29
November 2, 2010
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN
14. B.1. BEACH RENO URISHMENT
Vice Chairman Solari addressed fellow Board members about having staff research
current Best Management Practices (BMP's) pertaining to beach renourishment, to be followed
by a workshop after completion of the Sector 3 Project and prior to consideration of future beach
projects.
Chairman O'Bryan would like to include as participants in the workshop, representatives
from the Department of Environmental Protection (DEP), scientists, and other interested parties.
Commissioner Davis wanted to explore the options of stabilization, beach renourishment,
and dune restoration.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously directed
staff to organize a workshop on beach renourishment, to
be held subsequent to the completion of the Sector 3
Beach Restoration Project and prior to consideration of
future beach renourishment projects.
14.B.2. SEWER AND WATER UPDATE
Vice Chairman Solari, referencing an article from the newspaper Vero Beach 32963 and
data in the backup (pages 337.1 — 337.5), recognized that there was a potential conflict of interest
stemming from the Town of Indian River Shores ("the Shores") and the City of Vero Beach ("the
City") hiring the same consultant for services pertaining to the decision of the Shores to renew or
not renew its current Water and Sewer Franchise Agreement with the City. He said that although
the Shores asked the County to submit a proposal for provision of the services, he would not
30
November 2, 2010
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN
14. B.1. BEACH RENO URISHMENT
Vice Chairman Solari addressed fellow Board members about having staff research
current Best Management Practices (BMP's) pertaining to beach renourishment, to be followed
by a workshop after completion of the Sector 3 Project and prior to consideration of future beach
projects.
Chairman O'Bryan would like to include as participants in the workshop, representatives
from the Department of Environmental Protection (DEP), scientists, and other interested parties.
Commissioner Davis wanted to explore the options of stabilization, beach renourishment,
and dune restoration.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously directed
staff to organize a workshop on beach renourishment, to
be held subsequent to the completion of the Sector 3
Beach Restoration Project and prior to consideration of
future beach renourishment projects.
14.B.2. SEWER AND WATER UPDATE
Vice Chairman Solari, referencing an article from the newspaper Vero Beach 32963 and
data in the backup (pages 337.1 — 337.5), recognized that there was a potential conflict of interest
stemming from the Town of Indian River Shores ("the Shores") and the City of Vero Beach ("the
City") hiring the same consultant for services pertaining to the decision of the Shores to renew or
not renew its current Water and Sewer Franchise Agreement with the City. He said that although
the Shores asked the County to submit a proposal for provision of the services, he would not
30
November 2, 2010
want to engage in negotiations until the potential conflict is resolved. He wanted to see the
negotiations for the water and sewer franchises conducted in an open and transparent manner.
Chairman O'Bryan added that on November 10, 2010, the Town of Indian River Shores
planned to hold a workshop on the provision of water and sewer services to their community.
No Board Action Required or Taken
14.B.3. SMOOT - HAWLEY
Vice Chairman Solari provided a handout and brief comments pertaining to the Smoot
Hawley Tariff (a bill enacted in June 1930), which he had alluded to during discussion at a prior
Board meeting.
No Board Action Required or Taken
14. C COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE
14.E. COMMISSIONER GARY C. WHEELER -NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
31
November 2, 2010
want to engage in negotiations until the potential conflict is resolved. He wanted to see the
negotiations for the water and sewer franchises conducted in an open and transparent manner.
Chairman O'Bryan added that on November 10, 2010, the Town of Indian River Shores
planned to hold a workshop on the provision of water and sewer services to their community.
No Board Action Required or Taken
14.B.3. SMOOT - HAWLEY
Vice Chairman Solari provided a handout and brief comments pertaining to the Smoot
Hawley Tariff (a bill enacted in June 1930), which he had alluded to during discussion at a prior
Board meeting.
No Board Action Required or Taken
14. C COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE
14.E. COMMISSIONER GARY C. WHEELER -NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
31
November 2, 2010
The Chairman announced that immediately upon adjournment of the Regular Board
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. APPROVAL OF MINUTES - BUDGET HEARING OF JULY 14, 2010
15.B.2. APPROVAL OF MINUTES- REGULAR MEETING OF AUGUST 17, 2010
15.B.3. REQUEST FOR SOLE SOURCE TO METTLER TOLEDO FOR LANDFILL
SCALE REPAIRS
15. C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Regular Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately.
15.C1. APPROVAL OF MINUTES - REGULAR MEETING OFAUGUST 17, 2010
15. C.2. REPORT OF ACTIVITIES FOR FOURTH QUARTER FY 09/10 (JULY
THROUGH SEPTEMBER 2010)
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
32
November 2, 2010
The Chairman announced that immediately upon adjournment of the Regular Board
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. APPROVAL OF MINUTES - BUDGET HEARING OF JULY 14, 2010
15.B.2. APPROVAL OF MINUTES- REGULAR MEETING OF AUGUST 17, 2010
15.B.3. REQUEST FOR SOLE SOURCE TO METTLER TOLEDO FOR LANDFILL
SCALE REPAIRS
15. C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Regular Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately.
15.C1. APPROVAL OF MINUTES - REGULAR MEETING OFAUGUST 17, 2010
15. C.2. REPORT OF ACTIVITIES FOR FOURTH QUARTER FY 09/10 (JULY
THROUGH SEPTEMBER 2010)
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
32
November 2, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:14
pm
ATTEST:
RAcvD pd-ociaciar
Jeffrey K Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: JAN a it 2011
BCC/MG/2010Minutes
33
November 2, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:14
p.m.
ATTEST:
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved:
BCC/MG/2010Minutes
33
November 2, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:14
pm
ATTEST:
RAcvD pd-ociaciar
Jeffrey K Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: JAN a it 2011
BCC/MG/2010Minutes
33
November 2, 2010