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HomeMy WebLinkAbout11/09/2010 (2)MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 9, 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 Solan, Vice Chairman Wesley S. Davis Joseph E. Flescher Gary C. Wheeler District 4 D istrict 5 D istrict 1 D istrict 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. The Reverend Dr. John Jacobs, Trinity Episcopal Church Commissioner Wesley S. Davis 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation by the Humane Society of Indian River County — Pet of the Week PAGE B. Presentation of Proclamation and Homelessness Awareness in Recognition of the 2010 National Hunger Week November 14th though November 20th 1 C. Presentation of Proclamation Day November 9, 2010 Designating November 11, 2010 as Veterans 2 Page 1 of 6 MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 9, 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 Solan, Vice Chairman Wesley S. Davis Joseph E. Flescher Gary C. Wheeler District 4 D istrict 5 D istrict 1 D istrict 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. The Reverend Dr. John Jacobs, Trinity Episcopal Church Commissioner Wesley S. Davis 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation by the Humane Society of Indian River County — Pet of the Week PAGE B. Presentation of Proclamation and Homelessness Awareness in Recognition of the 2010 National Hunger Week November 14th though November 20th 1 C. Presentation of Proclamation Day November 9, 2010 Designating November 11, 2010 as Veterans 2 Page 1 of 6 5. PROCLAMATIONS and PRESENTATIONS PAGE D. Presentation of Proclamation for America Recycles Day November 15, 2010 6. 3 E. Public Announcement for Sebastian Electronics Recycling Event on November 13, 2010 4-5 APPROVAL OF MINUTES A. Regular Meeting of August 17, 201.0 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION None 8. CONSENT AGENDA A. Approval of Warrants and Wires October 22, 2010 to October 28, 2010 (memorandum dated October 28, 2010) 6-14 B. Request for Approval to Enter into a Public Transportation Supplemental Joint Participation Agieement (SJPA) with the Florida Department of Transportation (FDOT) for Service to the Indian River State College Main Campus (Fort Pierce) (memorandum dated October 28, 2010) 15-24 C. Agreement with IRC/Pointe West/Pyrotecnico for Fireworks (memorandum dated September 28, 2010) 25-34 D. Miscellaneous Budget Amendment 023 (memorandum dated October 30, 2010) 35-37 E. Approval of Bid Award for IRC Bid No. 2011019 Emergency Services Countywide Public Safety Radio System Upgrade (memorandum dated November 1, 2010) 38-45 F Approval of Vero Beach Sports Village User Group Agreement and the Jake Owen Foundation, a Tennessee corporation (501(c) (3) application pending) (memorandum dated November 1, 2010) November 9, 2010 46 61 Page 2 of 6 5. PROCLAMATIONS and PRESENTATIONS PAGE D. Presentation of Proclamation for America Recycles Day November 15, 2010 6. 3 E. Public Announcement for Sebastian Electronics Recycling Event on November 13, 2010 4-5 APPROVAL OF MINUTES A. Regular Meeting of August 17, 201.0 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION None 8. CONSENT AGENDA A. Approval of Warrants and Wires October 22, 2010 to October 28, 2010 (memorandum dated October 28, 2010) 6-14 B. Request for Approval to Enter into a Public Transportation Supplemental Joint Participation Agieement (SJPA) with the Florida Department of Transportation (FDOT) for Service to the Indian River State College Main Campus (Fort Pierce) (memorandum dated October 28, 2010) 15-24 C. Agreement with IRC/Pointe West/Pyrotecnico for Fireworks (memorandum dated September 28, 2010) 25-34 D. Miscellaneous Budget Amendment 023 (memorandum dated October 30, 2010) 35-37 E. Approval of Bid Award for IRC Bid No. 2011019 Emergency Services Countywide Public Safety Radio System Upgrade (memorandum dated November 1, 2010) 38-45 F Approval of Vero Beach Sports Village User Group Agreement and the Jake Owen Foundation, a Tennessee corporation (501(c) (3) application pending) (memorandum dated November 1, 2010) November 9, 2010 46 61 Page 2 of 6 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE A. Jeffrey K. Barton, Indian River County Clerk of Circuit Court Constitutional Officer Financial Report for Fiscal Year 2009-2010 62-63 B. Carole Jean Jordan, Indian River County Tax Collector Constitutional Officer Financial Report for Fiscal Year 2009-2010 64-72 C. David C. Nolte, Indian River County Property Appraiser Constitutional Officer Financial Report for Fiscal Year 2009-2010 73-79 D. Kay Clem, Indian River County Supervisor of Elections Constitutional Officer Financial Report for Fiscal Year 2009-2010 80-84 E Deryl Loar, Indian River County Sheriff Constitutional Officer Financial Report for Fiscal Year 2009-2010 85-87 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Consideration of the Disposition of County Owned Surplus Properties for Affordable Housing (memorandum dated November 1, 2010) 88-110 Administrative 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 Roy Woodall, President of the Board of Directors, Roseland Community Association, Regarding Changes to the Convenience Center November 9, 2010 2. Request to Speak from Fred Mensing Regarding Contracts to Privatize the Local Trash Convenience Centers 11.3-114 Page 3 of 6 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE A. Jeffrey K. Barton, Indian River County Clerk of Circuit Court Constitutional Officer Financial Report for Fiscal Year 2009-2010 62-63 B. Carole Jean Jordan, Indian River County Tax Collector Constitutional Officer Financial Report for Fiscal Year 2009-2010 64-72 C. David C. Nolte, Indian River County Property Appraiser Constitutional Officer Financial Report for Fiscal Year 2009-2010 73-79 D. Kay Clem, Indian River County Supervisor of Elections Constitutional Officer Financial Report for Fiscal Year 2009-2010 80-84 E Deryl Loar, Indian River County Sheriff Constitutional Officer Financial Report for Fiscal Year 2009-2010 85-87 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Consideration of the Disposition of County Owned Surplus Properties for Affordable Housing (memorandum dated November 1, 2010) 88-110 Administrative 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 Roy Woodall, President of the Board of Directors, Roseland Community Association, Regarding Changes to the Convenience Center November 9, 2010 2. Request to Speak from Fred Mensing Regarding Contracts to Privatize the Local Trash Convenience Centers 11.3-114 Page 3 of 6 10. PUBLIC ITEMS PAGE C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing for November 16, 2010: Palema Trotting, b1c.'s Request for Special Exception Use Approval for a Residential Migrant Housing Facility (Seasonal Worker Housing) (memorandum dated October 28, 2010) 115 Quasi -Judicial 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None D. Human Resources None E. Human Services None F. Leisure Services None G. Office of Management and Budget None H. Recreation None November 9, 2010 Page 4 of 6 10. PUBLIC ITEMS PAGE C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing for November 16, 2010: Palema Trotting, b1c.'s Request for Special Exception Use Approval for a Residential Migrant Housing Facility (Seasonal Worker Housing) (memorandum dated October 28, 2010) 115 Quasi -Judicial 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None D. Human Resources None E. Human Services None F. Leisure Services None G. Office of Management and Budget None H. Recreation None November 9, 2010 Page 4 of 6 12. DEPARTMENTAL MATTERS PAGE Public Works None J. Utilities Services 1. Presentation to Commission of Utility Services and the Solid Waste Disposal District (memorandum dated November 2, 2010) 116 13. COUNTY ATTORNEY MATTERS A. New Lawsuits Filed Against Indian River County (memorandum dated November 1, 2010) 117-118 14. COMMISSIONERS ITEMS A. Commissioner Peter D. O'Bryan, Chairman 1.. Town of Indian River Shores Water and Wastewater System and Service to the Town for Water, Wastewater and Reclaimed Water (memorandum dated November 3, 2010) B. Commissioner Bob Solari, Vice Chairman None C. Commissioner Wesley S. Davis None D. Commissioner Joseph E. Flescher E. None Commissioner Gary C. Wheeler None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None 119-120 B. Solid Waste Disposal District 1. Indian River Correctional Institution's Request for Solid Waste Assessment Waiver (memorandum dated October 28, 2010) November 9, 2010 121 Page 5 of 6 12. DEPARTMENTAL MATTERS PAGE Public Works None J. Utilities Services 1. Presentation to Commission of Utility Services and the Solid Waste Disposal District (memorandum dated November 2, 2010) 116 13. COUNTY ATTORNEY MATTERS A. New Lawsuits Filed Against Indian River County (memorandum dated November 1, 2010) 117-118 14. COMMISSIONERS ITEMS A. Commissioner Peter D. O'Bryan, Chairman 1.. Town of Indian River Shores Water and Wastewater System and Service to the Town for Water, Wastewater and Reclaimed Water (memorandum dated November 3, 2010) B. Commissioner Bob Solari, Vice Chairman None C. Commissioner Wesley S. Davis None D. Commissioner Joseph E. Flescher E. None Commissioner Gary C. Wheeler None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None 119-120 B. Solid Waste Disposal District 1. Indian River Correctional Institution's Request for Solid Waste Assessment Waiver (memorandum dated October 28, 2010) November 9, 2010 121 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 2. Final Pay to Geosyntec for Work Order No. 25 — Five Year Landfill Operations permit Renewal (memorandum dated October 26, 2010) 122-131 C. Environmental Control Board None 16. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the pioceedings 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 9, 2010 Page 6 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 2. Final Pay to Geosyntec for Work Order No. 25 — Five Year Landfill Operations permit Renewal (memorandum dated October 26, 2010) 122-131 C. Environmental Control Board None 16. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the pioceedings 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 9, 2010 Page 6 of 6 JEFFREY K. BARTON Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF NOVEMBER 9, 2010 1. CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 2 4. ADDITIONS/DELETIONS TO TIIE AGENDA/EMERGENCY ITEMS 2 Pull for Discussion: Item 8.C. Agreement with IRC/Point West/Pyrotecnio for Fireworks 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION BY 7 HE HUMANE SOCIETY OF INDIAN RIVER COUNTY — PET OF THE WEEK 2 5.B. PRESENTATION OF PROCLAMATION IN RECOGNITION OF THE 2010 NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK NOVEMBER 14TH THOUGH NOVEMBER 20TH 3 5.C. PRESENTAFION OF PROCLAMATION DESIGNATING NOVEMBER 11, 2010 AS VETERANS DAY 3 5.D. PRESENTATION OF PROCLAMATION POR AMERICA RECYCLES DAY NOVEMBER 15, 2010 3 1 November 9, 2010 JEFFREY K. BARTON Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF NOVEMBER 9, 2010 1. CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 2 4. ADDITIONS/DELETIONS TO TIIE AGENDA/EMERGENCY ITEMS 2 Pull for Discussion: Item 8.C. Agreement with IRC/Point West/Pyrotecnio for Fireworks 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION BY 7 HE HUMANE SOCIETY OF INDIAN RIVER COUNTY — PET OF THE WEEK 2 5.B. PRESENTATION OF PROCLAMATION IN RECOGNITION OF THE 2010 NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK NOVEMBER 14TH THOUGH NOVEMBER 20TH 3 5.C. PRESENTAFION OF PROCLAMATION DESIGNATING NOVEMBER 11, 2010 AS VETERANS DAY 3 5.D. PRESENTATION OF PROCLAMATION POR AMERICA RECYCLES DAY NOVEMBER 15, 2010 3 1 November 9, 2010 5.E. PUBLIC ANNOUNCEMENT FOR SEBASTIAN ELECTRONICS RECYCLING EVENT ON NOVEMBER 13, 2010 3 6. APPROVAL OF MINUTES 4 6.A. REGULAR MEETING OF AUGUST 17, 2010 4 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS \OT REQUIRING BOARD ACTION -NONE 4 8. CONSENT AGENDA 4 8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 22, 2010 TO OCTOBER 28, 2010 5 8.B. REQUEST FOR APPROVAL TO ENTER INTO A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (SJPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SERVICE TO THE INDIAN RIVER STATE COLLEGE MAIN CAMPUS (FORT PIERCE) 5 8.C. AGREEMEN I WITH IRC/POINTE WEST/PYROTECNICO FOR FIREWORKS 6 8.D. MISCELLANEOUS BUDGET AMENDMENT 023 6 8.E. APPROVAL OF BID AWARD FOR IRC BID NO. 2011019 EMERGENCY SERVICES COUNTYWIDE PUBLIC SAFETY RADIO SYSTEM UPGRADE 6 8.F. APPROVAL OF VERO BEACH SPORES VILLAGE USER GROUP AGREEMENT AND THE JAKE OWEN FOUNDATION, A TENNESSEE CORPORATION 7 (501)(c) (3) APPLICATION PENDING) 7 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 8 9.A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 8 9.B. CAROLE JEAN JORDAN, INDIAN RIVER COUNTY TAX COLLECTOR CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 8 9.C. DAVID C. NOLTE, INDIAN RIVER COUNTY PROPERTY APPRAISER CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 9 9.D. KAY CLEM, INDIAN RIVER COUNTY SUI ERVISOR OF ELECTIONS CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 9 2 November 9, 2010 5.E. PUBLIC ANNOUNCEMENT FOR SEBASTIAN ELECTRONICS RECYCLING EVENT ON NOVEMBER 13, 2010 3 6. APPROVAL OF MINUTES 4 6.A. REGULAR MEETING OF AUGUST 17, 2010 4 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS \OT REQUIRING BOARD ACTION -NONE 4 8. CONSENT AGENDA 4 8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 22, 2010 TO OCTOBER 28, 2010 5 8.B. REQUEST FOR APPROVAL TO ENTER INTO A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (SJPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SERVICE TO THE INDIAN RIVER STATE COLLEGE MAIN CAMPUS (FORT PIERCE) 5 8.C. AGREEMEN I WITH IRC/POINTE WEST/PYROTECNICO FOR FIREWORKS 6 8.D. MISCELLANEOUS BUDGET AMENDMENT 023 6 8.E. APPROVAL OF BID AWARD FOR IRC BID NO. 2011019 EMERGENCY SERVICES COUNTYWIDE PUBLIC SAFETY RADIO SYSTEM UPGRADE 6 8.F. APPROVAL OF VERO BEACH SPORES VILLAGE USER GROUP AGREEMENT AND THE JAKE OWEN FOUNDATION, A TENNESSEE CORPORATION 7 (501)(c) (3) APPLICATION PENDING) 7 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 8 9.A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 8 9.B. CAROLE JEAN JORDAN, INDIAN RIVER COUNTY TAX COLLECTOR CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 8 9.C. DAVID C. NOLTE, INDIAN RIVER COUNTY PROPERTY APPRAISER CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 9 9.D. KAY CLEM, INDIAN RIVER COUNTY SUI ERVISOR OF ELECTIONS CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 9 2 November 9, 2010 9.E. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 10 10. PUBLIC ITEMS l0 10.A. PUBLIC HEARINGS 10 10.A.1. CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS PROPERTIES FOR AFFORDABLE HOUSING (ADMINISTRATIVE) 10 10.B. PUBLIC DISCUSSION ITEMS 12 1 O.B. 1 . REQUEST TO SPEAK FROM ROY WOODALL, PRESIDENT OF THE BOARD OF DIRECTORS, ROSELAND COMMUNITY ASSOCIATION, REGARDING CHANGES TO THE CONVENIENCE CENTER 12 10.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING CONTRACTS TO PRIVATIZE THE LOCAL TRASH CONVENIENCE CENTERS 13 10.C. PUBLIC NOTICE ITEMS 13 NOT ICE OF SCHEDULED PUBLIC HEARING FOR NOVEMBER 16, 2010 13 11. COUNTY ADMINISTRATOR MATTERS -NONE 13 12. DEPARTMENTAL MATTERS 13 12.A. COMMUNITY DEVELOPMENT -NONE 14 12.B. EMERGENCY SERVICES -NONE 14 12.C. GENERAL SERVICES -NONE 14 12.D. HUMAN RESOURCES -NONE 14 12.E. HUMAN SERVICES -NONE 14 12.F. LEISURE SERVICES -NONE 14 12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 14 12.H. RECREATION -NONE 14 12.I. PUBLIC WORKS -NONE 14 12.1. UTILITIES SERVICES 14 12.1.1. PRESENTATION TO COMMISSION OF UTILITY SERVICES AND THE SOLID WASTE DISPOSAL DISTRICT 14 13. COUNTY ATTORNEY MATTERS 16 13.A. NEW LAWSUITS FILED AGAINST INDIAN RIVER COUNTY 16 3 November 9, 2010 9.E. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 10 10. PUBLIC ITEMS l0 10.A. PUBLIC HEARINGS 10 10.A.1. CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS PROPERTIES FOR AFFORDABLE HOUSING (ADMINISTRATIVE) 10 10.B. PUBLIC DISCUSSION ITEMS 12 1 O.B. 1 . REQUEST TO SPEAK FROM ROY WOODALL, PRESIDENT OF THE BOARD OF DIRECTORS, ROSELAND COMMUNITY ASSOCIATION, REGARDING CHANGES TO THE CONVENIENCE CENTER 12 10.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING CONTRACTS TO PRIVATIZE THE LOCAL TRASH CONVENIENCE CENTERS 13 10.C. PUBLIC NOTICE ITEMS 13 NOT ICE OF SCHEDULED PUBLIC HEARING FOR NOVEMBER 16, 2010 13 11. COUNTY ADMINISTRATOR MATTERS -NONE 13 12. DEPARTMENTAL MATTERS 13 12.A. COMMUNITY DEVELOPMENT -NONE 14 12.B. EMERGENCY SERVICES -NONE 14 12.C. GENERAL SERVICES -NONE 14 12.D. HUMAN RESOURCES -NONE 14 12.E. HUMAN SERVICES -NONE 14 12.F. LEISURE SERVICES -NONE 14 12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 14 12.H. RECREATION -NONE 14 12.I. PUBLIC WORKS -NONE 14 12.1. UTILITIES SERVICES 14 12.1.1. PRESENTATION TO COMMISSION OF UTILITY SERVICES AND THE SOLID WASTE DISPOSAL DISTRICT 14 13. COUNTY ATTORNEY MATTERS 16 13.A. NEW LAWSUITS FILED AGAINST INDIAN RIVER COUNTY 16 3 November 9, 2010 14. COMMISSIONER ITEMS 18 14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 18 14.A.1. TOWN OF INDIAN RIVER SI-IORES WATER AND WASTEWATER SYSTEM AND SERVICE TO THE TOWN FOR WATER, WASTEWATER AND RECLAIMED WATER 18 14.B. COMMISSIONER BOB SOLARI., VICE CHAIRMAN -NONE 19 14.C. COMMISSIONER WESLEY S. DAVIS-NONE 20 14.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 20 14.E. COMMISSIONER GARY C. WHEELER -NONE 20 15. SPECIAL DISTRICTS AND BOARDS 20 15.A. EMERGENCY SERVICES DISTRICT -NONE 20 15.B. SOLID WASTE DISPOSAL DISTRICT 20 15.B.1. INDIAN RIVER CORRECTIONAL INSTITUTION'S REQUEST FOR SOLID WASTE ASSESSMENT WAIVER 20 15.B.2. FINAL PAY TO GEOSYNTEC FOR WORK ORDER N0. 25 - FIVE YEAR LANDFILL OPERATIONS PERMIT RENEWAL 20 15.C. ENVIRONMENTAL CONTROL BOARD -NONE 20 16. ADJOURNMENT 21 4 November 9, 2010 14. COMMISSIONER ITEMS 18 14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 18 14.A.1. TOWN OF INDIAN RIVER SI-IORES WATER AND WASTEWATER SYSTEM AND SERVICE TO THE TOWN FOR WATER, WASTEWATER AND RECLAIMED WATER 18 14.B. COMMISSIONER BOB SOLARI., VICE CHAIRMAN -NONE 19 14.C. COMMISSIONER WESLEY S. DAVIS-NONE 20 14.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 20 14.E. COMMISSIONER GARY C. WHEELER -NONE 20 15. SPECIAL DISTRICTS AND BOARDS 20 15.A. EMERGENCY SERVICES DISTRICT -NONE 20 15.B. SOLID WASTE DISPOSAL DISTRICT 20 15.B.1. INDIAN RIVER CORRECTIONAL INSTITUTION'S REQUEST FOR SOLID WASTE ASSESSMENT WAIVER 20 15.B.2. FINAL PAY TO GEOSYNTEC FOR WORK ORDER N0. 25 - FIVE YEAR LANDFILL OPERATIONS PERMIT RENEWAL 20 15.C. ENVIRONMENTAL CONTROL BOARD -NONE 20 16. ADJOURNMENT 21 4 November 9, 2010 JEFFREY K. BARTON Clerk to the Board November 9, 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 27`x' Street, Vero Beach, Florida, on Tuesday, November 9, 201.0. 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 Reverend Dr. John Jacobs, Trinity Episcopal Church, delivered the hlvocation. 1 November 9, 2010 JEFFREY K. BARTON Clerk to the Board November 9, 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 27`x' Street, Vero Beach, Florida, on Tuesday, November 9, 201.0. 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 Reverend Dr. John Jacobs, Trinity Episcopal Church, delivered the hlvocation. 1 November 9, 2010 3. PLEDGE OF ALLEGIANCE Commissioner Davis led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman O'Bryan requested the following changes to today's Agenda: PULL FOR DISCUSSION. ITEM 8. C. AGREEMENT WITH IRC/POINT WEST/PYROTECNIO FOR FIREWORKS ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PRESENTATION BY THE HUMANE SOCIETY OF INDIAN RIVER COUNTY - PET OF THE WEEK Ilka Daniel, Outreach Director, Humane Society, introduced and provided information on Rusty, the Pet of the Week, an 11 -year-old dog in need of a home. She thereafter confirmed Chairman O'Bryan's announcement regarding "Boys for a Buck", wherein vouchers for neutering male cats for one dollar may be obtained from the Humane Society on Wednesday, November 10, 2010 from 2:00 — 6:00 p.m. 2 November 9, 2010 3. PLEDGE OF ALLEGIANCE Commissioner Davis led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman O'Bryan requested the following changes to today's Agenda: PULL FOR DISCUSSION. ITEM 8. C. AGREEMENT WITH IRC/POINT WEST/PYROTECNIO FOR FIREWORKS ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PRESENTATION BY THE HUMANE SOCIETY OF INDIAN RIVER COUNTY - PET OF THE WEEK Ilka Daniel, Outreach Director, Humane Society, introduced and provided information on Rusty, the Pet of the Week, an 11 -year-old dog in need of a home. She thereafter confirmed Chairman O'Bryan's announcement regarding "Boys for a Buck", wherein vouchers for neutering male cats for one dollar may be obtained from the Humane Society on Wednesday, November 10, 2010 from 2:00 — 6:00 p.m. 2 November 9, 2010 S.B. PRESENTATION OF PROCLAMATION IN RECOGNITION OF THE 2010 NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK NOVEMBER 14Til THOUGH NOVEMBER 20TH Vice Chairman Bob Solari read and presented the Proclamation to Roger Sobkowiak, Vice -President, Homeless Family Center. Mr Sobkowiak provided details on upcoming fund- raisers for the Homeless Family Center, and said that further information was available at www.homelessfamilycenter.com. S.0 PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 11, 2010 AS VETERANS DAY Chairman O'Bryan read and presented the Proclamation to Colonel Martin Zickert, United States Air Force. Mr. Zickert provided the schedule for the upcoming Veteran's Day events at Veteran's Memorial Island and at Riverview Park in Sebastian. S.D. PRESENTATION OF PROCLAMATION FOR AMERICA RECYCLES DAY NOVEMBER 15, 2010 Commissioner Davis read and presented the Proclamation to Himanshu Mehta, Managing Director Solid Waste Disposal District, and Ashima Wild, President of KIRB (Keep Indian River Beautiful). S.E. PUBLIC ANNOUNCEMENT FOR SEBASTIAN ELECTRONICS RECYCLING EVENT ON NOVEMBER 13, 2010 Director Mehta provided a flyer (on file) and details on the upcoming Electronics Recycling Event to be held Saturday, November 13, 2010 on Main Street behind the Sebastian City Hall. 3 November 9, 2010 S.B. PRESENTATION OF PROCLAMATION IN RECOGNITION OF THE 2010 NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK NOVEMBER 14Til THOUGH NOVEMBER 20TH Vice Chairman Bob Solari read and presented the Proclamation to Roger Sobkowiak, Vice -President, Homeless Family Center. Mr Sobkowiak provided details on upcoming fund- raisers for the Homeless Family Center, and said that further information was available at www.homelessfamilycenter.com. S.0 PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 11, 2010 AS VETERANS DAY Chairman O'Bryan read and presented the Proclamation to Colonel Martin Zickert, United States Air Force. Mr. Zickert provided the schedule for the upcoming Veteran's Day events at Veteran's Memorial Island and at Riverview Park in Sebastian. S.D. PRESENTATION OF PROCLAMATION FOR AMERICA RECYCLES DAY NOVEMBER 15, 2010 Commissioner Davis read and presented the Proclamation to Himanshu Mehta, Managing Director Solid Waste Disposal District, and Ashima Wild, President of KIRB (Keep Indian River Beautiful). S.E. PUBLIC ANNOUNCEMENT FOR SEBASTIAN ELECTRONICS RECYCLING EVENT ON NOVEMBER 13, 2010 Director Mehta provided a flyer (on file) and details on the upcoming Electronics Recycling Event to be held Saturday, November 13, 2010 on Main Street behind the Sebastian City Hall. 3 November 9, 2010 6. APPROVAL OF MINUTES 6.A. REGULAR MEETING OFAUGUST 17, 2010 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of August 17, 2010. There were none. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Minutes of the Regular Meeting of August 17, 2010, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION -NONE 8. CONSENT AGENDA Chairman O'Bryan reiterated the request of the County Attorney to pull for discussion, Item 8.0 (also requested under Item 4). Chairman O'Bryan requested Item 8.F. be pulled for discussion. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Consent Agenda, as amended. 4 November 9, 2010 6. APPROVAL OF MINUTES 6.A. REGULAR MEETING OFAUGUST 17, 2010 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of August 17, 2010. There were none. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Minutes of the Regular Meeting of August 17, 2010, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION -NONE 8. CONSENT AGENDA Chairman O'Bryan reiterated the request of the County Attorney to pull for discussion, Item 8.0 (also requested under Item 4). Chairman O'Bryan requested Item 8.F. be pulled for discussion. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Consent Agenda, as amended. 4 November 9, 2010 8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 22, 2010 TO OCTOBER 28 2010 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of October 22, 2010 to October 28, 2010, as recommended in the memorandum of October 28, 2010. 8.B. REQUEST FOR APPROVAL TO ENTER INTO A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (SJPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SERVICE TO THE INDIAN RIVER STATE COLLEGE MAIN CAMPUS (FORT PIERCE) ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2010-093, authorizing the execution of a Public Transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 5 November 9, 2010 8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 22, 2010 TO OCTOBER 28 2010 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of October 22, 2010 to October 28, 2010, as recommended in the memorandum of October 28, 2010. 8.B. REQUEST FOR APPROVAL TO ENTER INTO A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (SJPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SERVICE TO THE INDIAN RIVER STATE COLLEGE MAIN CAMPUS (FORT PIERCE) ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2010-093, authorizing the execution of a Public Transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 5 November 9, 2010 8.C. AGREEMENT WITH IRC/POINTE WEST/PYROTECNICO FOR FIREWORKS Attorney Polackwich outlined the changes he made to the text in Section 4, Indemnifications and Liability, of the Fireworks Display Contract with Pyrotecnico of Florida, LLC. He wanted to ensure the indemnity clause was structured in compliance with Section 768.28 of the Florida Statutes. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously: (1) approved the contract with Pyrotecnico of Florida, LLC, as amended under Item 4. Indemnifications and Liability; and (2) authorized the County Administrator or his designee to execute the contract along with Pointe West as co-sponsor. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.D. MISCELLANEOUS BUDGET AMENDMENT 023 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2010-094, amending the fiscal year 2009-2010 budget. 8.E. APPROVAL OF BID A WARD FOR IRC BID No. 2011019 EMERGENCY SERVICES COUNTYWIDE PUBLIC SAFETY RADIO SYSTEM UPGRADE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved 6 November 9, 2010 8.C. AGREEMENT WITH IRC/POINTE WEST/PYROTECNICO FOR FIREWORKS Attorney Polackwich outlined the changes he made to the text in Section 4, Indemnifications and Liability, of the Fireworks Display Contract with Pyrotecnico of Florida, LLC. He wanted to ensure the indemnity clause was structured in compliance with Section 768.28 of the Florida Statutes. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously: (1) approved the contract with Pyrotecnico of Florida, LLC, as amended under Item 4. Indemnifications and Liability; and (2) authorized the County Administrator or his designee to execute the contract along with Pointe West as co-sponsor. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.D. MISCELLANEOUS BUDGET AMENDMENT 023 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2010-094, amending the fiscal year 2009-2010 budget. 8.E. APPROVAL OF BID A WARD FOR IRC BID No. 2011019 EMERGENCY SERVICES COUNTYWIDE PUBLIC SAFETY RADIO SYSTEM UPGRADE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved 6 November 9, 2010 the bid award to Communications International, Inc., in the amount of $2,197,094.36, as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum of November 1, 2010. 8.F. APPROVAL OF VERO BEACH SPORTS VILLAGE USER GROUP AGREEMENT AND THE JAKE GWEN FOUNDATION, A TENNESSEE CORPORATION (501) (C) (3) APPLICATION PENDING) Chairman O'Bryan provided details and encouraged everyone to attend the annual "Mardy's Tennis & Jake's Music Fest" charity concert at the Vero Beach Sports Village (F/K/A Dodgertown) on December 10 — 11, 2010. ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Davis the • Board unanimously approved and authorized the Chairman to execute the Indian River County Holman Stadium Use Agreement with Jake Owen Foundation as recommended in the memorandum of November 1, 2010. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7 November 9, 2010 the bid award to Communications International, Inc., in the amount of $2,197,094.36, as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum of November 1, 2010. 8.F. APPROVAL OF VERO BEACH SPORTS VILLAGE USER GROUP AGREEMENT AND THE JAKE GWEN FOUNDATION, A TENNESSEE CORPORATION (501) (C) (3) APPLICATION PENDING) Chairman O'Bryan provided details and encouraged everyone to attend the annual "Mardy's Tennis & Jake's Music Fest" charity concert at the Vero Beach Sports Village (F/K/A Dodgertown) on December 10 — 11, 2010. ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Davis the • Board unanimously approved and authorized the Chairman to execute the Indian River County Holman Stadium Use Agreement with Jake Owen Foundation as recommended in the memorandum of November 1, 2010. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7 November 9, 2010 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 9.A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009- 2010 Jeffrey R. Smith, Chief Deputy Clerk of the Circuit Court, introduced Finance Director Diane Bernardo, and conveyed his appreciation for the positive working relationship between the Clerk's office and County staff. ON MOTION by Vice Chairman Solari., SECONDED by Commissioner Flescher, the Board unanimously accepted the Indian River County Clerk of Circuit Court Constitutional Officer Financial Report for Fiscal Year 2009-2010, as submitted under cover of letter dated October 29, 2010. 9.B. CAROLE JEAN JORDAN, INDIAN RIVER COUNTY TAX COLLECTOR CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009- 2010 Carole Jean Jordan, Tax Collector, updated the Board on changes occurring as the Tax Collector's office assumes the full driver license services of the State of Florida's Department of Highway Safety and Motor Vehicles. She related that her office was working on two legislative developments that would benefit the County and citizens: passage of an updated version of Senate Bill 197, and working with the State to make driver license charges more cost effective. 8 November 9, 2010 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 9.A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009- 2010 Jeffrey R. Smith, Chief Deputy Clerk of the Circuit Court, introduced Finance Director Diane Bernardo, and conveyed his appreciation for the positive working relationship between the Clerk's office and County staff. ON MOTION by Vice Chairman Solari., SECONDED by Commissioner Flescher, the Board unanimously accepted the Indian River County Clerk of Circuit Court Constitutional Officer Financial Report for Fiscal Year 2009-2010, as submitted under cover of letter dated October 29, 2010. 9.B. CAROLE JEAN JORDAN, INDIAN RIVER COUNTY TAX COLLECTOR CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009- 2010 Carole Jean Jordan, Tax Collector, updated the Board on changes occurring as the Tax Collector's office assumes the full driver license services of the State of Florida's Department of Highway Safety and Motor Vehicles. She related that her office was working on two legislative developments that would benefit the County and citizens: passage of an updated version of Senate Bill 197, and working with the State to make driver license charges more cost effective. 8 November 9, 2010 Ms. Jordan thereafter presented to the Board, a facsimile of a check of excess fees of almost $3.2 million dollars remitted to the County from the Tax Collector's office. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously accepted the Indian River County Tax Collector Constitutional Officer Financial Report for Fiscal Year 2009-2010, as submitted under cover of letter dated October 28, 2010. 9.C. DAVID C. NOLTE, INDIAN RIVER COUNTY PROPERTY APPRAISER CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009- 2010 ON MOTION by Vice Chairman Solari, SECONDED by Chairman O'Bryan, the Board unanimously accepted the Indian River County Property Appraiser Financial Report for Fiscal Year 2009-2010, as submitted under cover of letter dated October 28, 2010. 9.D. KAYCLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009- 2010 ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously accepted the Indian River County Supervisor of Elections Constitutional Officer Financial Report for Fiscal Year 2009-2010, as submitted under cover of letter dated October 29, 2010. 9 November 9, 2010 Ms. Jordan thereafter presented to the Board, a facsimile of a check of excess fees of almost $3.2 million dollars remitted to the County from the Tax Collector's office. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously accepted the Indian River County Tax Collector Constitutional Officer Financial Report for Fiscal Year 2009-2010, as submitted under cover of letter dated October 28, 2010. 9.C. DAVID C. NOLTE, INDIAN RIVER COUNTY PROPERTY APPRAISER CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009- 2010 ON MOTION by Vice Chairman Solari, SECONDED by Chairman O'Bryan, the Board unanimously accepted the Indian River County Property Appraiser Financial Report for Fiscal Year 2009-2010, as submitted under cover of letter dated October 28, 2010. 9.D. KAYCLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009- 2010 ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously accepted the Indian River County Supervisor of Elections Constitutional Officer Financial Report for Fiscal Year 2009-2010, as submitted under cover of letter dated October 29, 2010. 9 November 9, 2010 9.E. DER YL LOAR, INDIAN RIVER COUNTY SHERIFF CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 Sheriff Deryl Loar reported that towards the end of the fiscal year, the department had been able to purchase new capital items to go forward into fiscal year 2010/2011. He requested that the Board approve his financial report for the period ending September 30, 2010. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously accepted the Indian River County Sheriff Constitutional Officer Financial Report for Fiscal Year 2009-2010, as submitted under cover of letter dated October 29, 2010. 10. PUBLIC ITEMS 10.A. PUBLIC HEARINGS 10.A.1. CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS PROPERTIES FOR AFFORDABLE HOUSING (ADMINISTRATIVE) 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 review of staff's memorandum of November 1, 2010, presented background on Florida Statutes, Section 125.379, which since 2007 has mandated the triennial disposition of County -owned properties for use as 10 November 9, 2010 9.E. DER YL LOAR, INDIAN RIVER COUNTY SHERIFF CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2009-2010 Sheriff Deryl Loar reported that towards the end of the fiscal year, the department had been able to purchase new capital items to go forward into fiscal year 2010/2011. He requested that the Board approve his financial report for the period ending September 30, 2010. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously accepted the Indian River County Sheriff Constitutional Officer Financial Report for Fiscal Year 2009-2010, as submitted under cover of letter dated October 29, 2010. 10. PUBLIC ITEMS 10.A. PUBLIC HEARINGS 10.A.1. CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS PROPERTIES FOR AFFORDABLE HOUSING (ADMINISTRATIVE) 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 review of staff's memorandum of November 1, 2010, presented background on Florida Statutes, Section 125.379, which since 2007 has mandated the triennial disposition of County -owned properties for use as 10 November 9, 2010 affordable housing. He said that in accordance with the Statute, staff has compiled an updated inventory of 428 County -owned parcels (see pages 197 — 182 of the backup), out of which staff identified two single-family lots in Fellsmere that are appropriate for affordable housing: (1) Lincoln Street (no address provided); and (2) 116 North Hickory Street. He outlined the three options available to surplus the subject properties, and proffered staff's recommendation for the Board to approve the Resolution consenting to the list of County -owned properties; direct staff to sell the two subject properties; and deposit the proceeds into the County's State Housing Initiatives Partnership Program (SHIP) Trust Fund for affordable housing. The Chairman. opened the Public Hearing. There being no speakers, the Chairman closed the Public Hearing. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously: (1) approved Resolution 2010-095, approving the list of County owned properties appropriate for the provision of affordable housing; and (2) directed staff to sell the properties (Lincoln Street and 116 N. Hickory Street, both in Fellsmere), and contribute the sale proceeds to the County's affordable housing State Housing Initiatives Partnership Program (SHIP) Trust Fund for the provision of affordable housing through the County's existing established affordable housing program, as recommended in the memorandum of November 1, 2010. Vice Chairman Solari asked staff to seek a means for the County to dispose of the two unbuildable lots mentioned in staff's report. 11 November 9, 2010 affordable housing. He said that in accordance with the Statute, staff has compiled an updated inventory of 428 County -owned parcels (see pages 197 — 182 of the backup), out of which staff identified two single-family lots in Fellsmere that are appropriate for affordable housing: (1) Lincoln Street (no address provided); and (2) 116 North Hickory Street. He outlined the three options available to surplus the subject properties, and proffered staff's recommendation for the Board to approve the Resolution consenting to the list of County -owned properties; direct staff to sell the two subject properties; and deposit the proceeds into the County's State Housing Initiatives Partnership Program (SHIP) Trust Fund for affordable housing. The Chairman. opened the Public Hearing. There being no speakers, the Chairman closed the Public Hearing. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously: (1) approved Resolution 2010-095, approving the list of County owned properties appropriate for the provision of affordable housing; and (2) directed staff to sell the properties (Lincoln Street and 116 N. Hickory Street, both in Fellsmere), and contribute the sale proceeds to the County's affordable housing State Housing Initiatives Partnership Program (SHIP) Trust Fund for the provision of affordable housing through the County's existing established affordable housing program, as recommended in the memorandum of November 1, 2010. Vice Chairman Solari asked staff to seek a means for the County to dispose of the two unbuildable lots mentioned in staff's report. 11 November 9, 2010 The Chairman CALLED THE QUESTION, and the Motion carried unanimously. The Board: (1) approved Resolution 2010-095, approving the list of County owned properties appropriate for the provision of affordable housing; and (2) directed staff to sell the properties (Lincoln Street and 116 N. Hickory Street, both in Fellsmere), and contribute the sale proceeds to the County's affordable housing State Housing Initiatives Partnership Program (SIIIP) Trust Fund for the provision of affordable housing through the County's existing established affordable housing program, as recommended in the memorandum of November 1, 2010. 10.B. PUBLIC DISCUSSION ITEMS 10.B.1. REQUEST TO SPEAK FROM ROY WOODALL, PRESIDENT OF THE BOARD OF DIRECTORS, ROSELAND COMMUNITY ASSOCIATION, REGARDING CHANGES TO THE CONVENIENCE CENTER Roy Woodall, 7895 134 Street, President Roseland Conununity Association, relayed the majority desire of the Community Association to keep the North County Convenience Center in the hands of County government and not privatize the Solid Waste Disposal District's (SWDD) operations. Attesting to the excellent service provided by County staff, he pronounced that he did not want to lose such a valuable asset. No Board Action Required or Taken 12 November 9, 2010 The Chairman CALLED THE QUESTION, and the Motion carried unanimously. The Board: (1) approved Resolution 2010-095, approving the list of County owned properties appropriate for the provision of affordable housing; and (2) directed staff to sell the properties (Lincoln Street and 116 N. Hickory Street, both in Fellsmere), and contribute the sale proceeds to the County's affordable housing State Housing Initiatives Partnership Program (SIIIP) Trust Fund for the provision of affordable housing through the County's existing established affordable housing program, as recommended in the memorandum of November 1, 2010. 10.B. PUBLIC DISCUSSION ITEMS 10.B.1. REQUEST TO SPEAK FROM ROY WOODALL, PRESIDENT OF THE BOARD OF DIRECTORS, ROSELAND COMMUNITY ASSOCIATION, REGARDING CHANGES TO THE CONVENIENCE CENTER Roy Woodall, 7895 134 Street, President Roseland Conununity Association, relayed the majority desire of the Community Association to keep the North County Convenience Center in the hands of County government and not privatize the Solid Waste Disposal District's (SWDD) operations. Attesting to the excellent service provided by County staff, he pronounced that he did not want to lose such a valuable asset. No Board Action Required or Taken 12 November 9, 2010 10.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING CONTRACTS TO PRIVATIZE THE LOCAL TRASH CONVENIENCE CENTERS Fred Mensing, 7580 129`x' Street referencing a handout (on file) he had provided to the Board, provided arguments for keeping the Convenience Centers County -operated. He attested to the good work performance of the majority of County staff, but contended there were several components of the SWDD which could be run more efficiently. Chairman O'Bryan invited both Mr Woodall and Mr. Mensing to speak at the November 16, 2010 meeting, at which the Board would be considering the privatization of the SWDD operations and management. No Board Action Required or Taken 10. C. PUBLIC NOTICE ITEMS 10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR NOVEMBER 16, 2010 PALEMA TROTTING, INC. 'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A RESIDENTIAL MIGRANT HOUSING FACILITY SEASONAL WORKER HOUSING (QUASI-JUDICIAL)) County Attorney Alan S. Polackwich, Sr. read the notices into the record. The Chairman called a break at 10:10 a.m., and reconvened the meeting at 10:24 a.m., with all members present. 11. COUNTY ADMINISTRATOR MATTERS -NONE 12. DEPARTMENTAL MATTERS 13 November 9, 2010 10.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING CONTRACTS TO PRIVATIZE THE LOCAL TRASH CONVENIENCE CENTERS Fred Mensing, 7580 129`x' Street referencing a handout (on file) he had provided to the Board, provided arguments for keeping the Convenience Centers County -operated. He attested to the good work performance of the majority of County staff, but contended there were several components of the SWDD which could be run more efficiently. Chairman O'Bryan invited both Mr Woodall and Mr. Mensing to speak at the November 16, 2010 meeting, at which the Board would be considering the privatization of the SWDD operations and management. No Board Action Required or Taken 10. C. PUBLIC NOTICE ITEMS 10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR NOVEMBER 16, 2010 PALEMA TROTTING, INC. 'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A RESIDENTIAL MIGRANT HOUSING FACILITY SEASONAL WORKER HOUSING (QUASI-JUDICIAL)) County Attorney Alan S. Polackwich, Sr. read the notices into the record. The Chairman called a break at 10:10 a.m., and reconvened the meeting at 10:24 a.m., with all members present. 11. COUNTY ADMINISTRATOR MATTERS -NONE 12. DEPARTMENTAL MATTERS 13 November 9, 2010 12.A. COMMUNITY DEVELOPMENT -NONE 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 1211. RECREATION -NONE 12.I. PUBLIC WORKS -NONE 12. J. UTILITIES SERVICES 12..11. PRESENTATION TO COMMISSION OF UTILITY SERVICES AND THE SOLID WASTE DISPOSAL DISTRICT Himanshu Mehta, Managing Director, Solid Waste Disposal District, through a PowerPoint presentation (on file), provided a comprehensive overview of the operations/functions/services of the county -wide Solid Waste Disposal District (SWDD), which is funded by property tax assessments. Topics mentioned by Mr. Mehta included the recycling program, the Class I landfill; the Customer Convenience Centers; KIRB (Keep Indian River 14 November 9, 2010 12.A. COMMUNITY DEVELOPMENT -NONE 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 1211. RECREATION -NONE 12.I. PUBLIC WORKS -NONE 12. J. UTILITIES SERVICES 12..11. PRESENTATION TO COMMISSION OF UTILITY SERVICES AND THE SOLID WASTE DISPOSAL DISTRICT Himanshu Mehta, Managing Director, Solid Waste Disposal District, through a PowerPoint presentation (on file), provided a comprehensive overview of the operations/functions/services of the county -wide Solid Waste Disposal District (SWDD), which is funded by property tax assessments. Topics mentioned by Mr. Mehta included the recycling program, the Class I landfill; the Customer Convenience Centers; KIRB (Keep Indian River 14 November 9, 2010 Beautiful); and the subscription waste hauling services provided by Waste Management and Treasure Coast Refuse. Director Mehta spoke of the District's goal to promote "green living" and increase community participation in recycling. He attested to SWDD's regulatory compliance with the Florida Department of Environmental Protection (FDEP), and outlined some methods to expand the recycling program to accommodate House Bill 7243's statewide goal to recycle at least 75% by the year 2020. Responding to Commissioner Davis's inquiry, Director Mehta acknowledged that staff was investigating and would report to the Board regarding the potential for increasing recycling volumes by changing from a dual -stream to single -stream collection system. Continuing his presentation, Director Mehta explained how the SWDD has been affected by the downturn in the economy, with revenues declining by 42%. He said that future projects include a 10 -acre lateral landfill expansion and the Oslo Customer Convenience Center. He also provided a status update on INEOS New Plant BioEnergy, a local business that will be producing ethanol from vegetative waste. An extensive discussion ensued among Commissioners and Director Mehta about reaching the 75% recycling goal of HB 7243 and how to include in that goal, the volume of residential compost from yard and food waste, that never goes to the landfill. Dialogue continued as several Commissioners voiced objections to an unfunded State mandate being enacted in January 2011 (as referenced in Director Mehta's presentation), which seeks to have public institutions track and report to the County, the amount of recycling being done. Discussion points included the status of recycling at the public schools, and dismay at the schools being forced to use "education dollars" to comply with the mandate. Vice Chairman Solari requested further information from Director Mehta, so that he could discuss the mandate with the Legislative Delegation. 15 November 9, 2010 Beautiful); and the subscription waste hauling services provided by Waste Management and Treasure Coast Refuse. Director Mehta spoke of the District's goal to promote "green living" and increase community participation in recycling. He attested to SWDD's regulatory compliance with the Florida Department of Environmental Protection (FDEP), and outlined some methods to expand the recycling program to accommodate House Bill 7243's statewide goal to recycle at least 75% by the year 2020. Responding to Commissioner Davis's inquiry, Director Mehta acknowledged that staff was investigating and would report to the Board regarding the potential for increasing recycling volumes by changing from a dual -stream to single -stream collection system. Continuing his presentation, Director Mehta explained how the SWDD has been affected by the downturn in the economy, with revenues declining by 42%. He said that future projects include a 10 -acre lateral landfill expansion and the Oslo Customer Convenience Center. He also provided a status update on INEOS New Plant BioEnergy, a local business that will be producing ethanol from vegetative waste. An extensive discussion ensued among Commissioners and Director Mehta about reaching the 75% recycling goal of HB 7243 and how to include in that goal, the volume of residential compost from yard and food waste, that never goes to the landfill. Dialogue continued as several Commissioners voiced objections to an unfunded State mandate being enacted in January 2011 (as referenced in Director Mehta's presentation), which seeks to have public institutions track and report to the County, the amount of recycling being done. Discussion points included the status of recycling at the public schools, and dismay at the schools being forced to use "education dollars" to comply with the mandate. Vice Chairman Solari requested further information from Director Mehta, so that he could discuss the mandate with the Legislative Delegation. 15 November 9, 2010 Discussion followed as the Board and Director Mehta talked about using ads on TV to educate the public about recycling, as is being done in Palm Beach County. Commissioner Wheeler suggested that the County partner in advertising with Palm Beach County. Fred Mensing likewise felt that the SWDD districts of neighboring communities could look into cooperative advertising. Director Mehta thereafter responded to Board questions about the decline in the volume of newspaper recycling, and the possibility of recycling fluorescent compact bulbs at future electronic recycling events. 13. COUNTY ATTORNEY MATTERS 13.A. NEW LAWSUITS FILED AGAINST INDIAN RIVER COUNTY County Attorney Alan S. Polackwich, Sr., recapping his memorandum of November 1, 2010, reported on two new lawsuits filed against the County by the following parties: (1) FVP Miami Lakes LLC (as successor in interest to Lennar Homes); and (2) Fred and Rita Mensing. He relayed that staff has filed a "Motion to Dismiss" the FVP Miami Lakes LLC case, which pertains to the recovery of non-refundable impact fees paid by the original developer, Lennar Homes, for the discontinued developments of Madeira Isles and Tripson Estates. He provided background description and analysis on the Mensing case, which relates to the County's acceptance through Resolution 2008-043, of an implied dedication of a 60 foot strip of land depicted on the Fleming Grant Plat of 1888, and bordering individual properties owned by Fred Mensing and C.N. Kirrie. He affirmed that staff was prepared to defend the case; however, he felt the Resolution enacted by the Board was increasing the County's involvement in an ongoing dispute between Mr. Mensing and Mr. C.W. Kirrie, and asked the Commissioners if they wished to revisit the Resolution. 16 November 9, 2010 Discussion followed as the Board and Director Mehta talked about using ads on TV to educate the public about recycling, as is being done in Palm Beach County. Commissioner Wheeler suggested that the County partner in advertising with Palm Beach County. Fred Mensing likewise felt that the SWDD districts of neighboring communities could look into cooperative advertising. Director Mehta thereafter responded to Board questions about the decline in the volume of newspaper recycling, and the possibility of recycling fluorescent compact bulbs at future electronic recycling events. 13. COUNTY ATTORNEY MATTERS 13.A. NEW LAWSUITS FILED AGAINST INDIAN RIVER COUNTY County Attorney Alan S. Polackwich, Sr., recapping his memorandum of November 1, 2010, reported on two new lawsuits filed against the County by the following parties: (1) FVP Miami Lakes LLC (as successor in interest to Lennar Homes); and (2) Fred and Rita Mensing. He relayed that staff has filed a "Motion to Dismiss" the FVP Miami Lakes LLC case, which pertains to the recovery of non-refundable impact fees paid by the original developer, Lennar Homes, for the discontinued developments of Madeira Isles and Tripson Estates. He provided background description and analysis on the Mensing case, which relates to the County's acceptance through Resolution 2008-043, of an implied dedication of a 60 foot strip of land depicted on the Fleming Grant Plat of 1888, and bordering individual properties owned by Fred Mensing and C.N. Kirrie. He affirmed that staff was prepared to defend the case; however, he felt the Resolution enacted by the Board was increasing the County's involvement in an ongoing dispute between Mr. Mensing and Mr. C.W. Kirrie, and asked the Commissioners if they wished to revisit the Resolution. 16 November 9, 2010 Commissioner Flescher agreed with Attorney Polackwich that the Resolution has exacerbated the conditions causing Mr. Mensing and Mr. Kirrie to file lawsuits. He pointed out that an inordinate amount of time has been spent by staff, Commissioners, and the Sheriff on this matter. A brief discussion ensued wherein Director Mora confirmed that, although staff would like to retain some form of land for an easement, they saw no future need for the strip of property in terms of a future road. Chairman O'Bryan and Commissioner Wheeler voiced support for having the court resolve this matter. Attorney Polackwich reiterated his perspective that reversal of Resolution 2008 043 would remove the County from the subject dispute. Chairman O'Bryan suggested giving the two parties thirty days to come to an agreement before taking the matter to court; however, after input from the County Attorney, he reiterated his earlier suggestion to proceed to court. Mr. Mensing addressed the Board on his situation, explaining that at this juncture, his request was for the Commissioners to instruct the County Attorney to take no action on the lawsuit. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Chairman O'Bryan, to direct the County attorney to defend this case Discussion ensued. The Board CONSENSUS was to see this issue resolved permanently. 17 November 9, 2010 Commissioner Flescher agreed with Attorney Polackwich that the Resolution has exacerbated the conditions causing Mr. Mensing and Mr. Kirrie to file lawsuits. He pointed out that an inordinate amount of time has been spent by staff, Commissioners, and the Sheriff on this matter. A brief discussion ensued wherein Director Mora confirmed that, although staff would like to retain some form of land for an easement, they saw no future need for the strip of property in terms of a future road. Chairman O'Bryan and Commissioner Wheeler voiced support for having the court resolve this matter. Attorney Polackwich reiterated his perspective that reversal of Resolution 2008 043 would remove the County from the subject dispute. Chairman O'Bryan suggested giving the two parties thirty days to come to an agreement before taking the matter to court; however, after input from the County Attorney, he reiterated his earlier suggestion to proceed to court. Mr. Mensing addressed the Board on his situation, explaining that at this juncture, his request was for the Commissioners to instruct the County Attorney to take no action on the lawsuit. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Chairman O'Bryan, to direct the County attorney to defend this case Discussion ensued. The Board CONSENSUS was to see this issue resolved permanently. 17 November 9, 2010 Chairman O'Bryan asked Commissioner Wheeler if he wished to amend his Motion such that the County Attorney could take whatever legal action he felt was appropriate to bring this matter to a final resolution. MOTION WAS AMENDED by Commissioner Wheeler, SECONDED by Chairman O'Bryan, to authorize the County Attorney to take whatever legal action deemed appropriate to achieve a permanent resolution of the issues entailed in the Fred and Rita Mensing case v. Indian River County. Attorney Polackwich affirmed that he would defend the case and seek a conclusion on this matter. He conveyed that the Board and appropriate staff could legally have, if desired, a SHADE meeting to discuss this matter in further detail. The Chairman CALLED THE QUESTION, and by a 4-1 vote (Commissioner Davis opposed), the Motion carried. The Board authorized the County Attorney to take whatever legal action deemed appropriate, to achieve a permanent resolution of the issues entailed in the Fred and Rita Mensing case v. Indian River County. 14. COMMISSIONER ITEMS 14.A. COMMISSIONER PETER D. ®'BRYAN, CHAIRMAN 14.A.1. TOWN OF INDIAN RIVER SHORES WATER AND WASTE WA TER SYSTEM AND SERVICE TO THE TOWN FOR WA TER, WASTEWA TER AND RECLAIMED WATER 18 November 9, 2010 Chairman O'Bryan asked Commissioner Wheeler if he wished to amend his Motion such that the County Attorney could take whatever legal action he felt was appropriate to bring this matter to a final resolution. MOTION WAS AMENDED by Commissioner Wheeler, SECONDED by Chairman O'Bryan, to authorize the County Attorney to take whatever legal action deemed appropriate to achieve a permanent resolution of the issues entailed in the Fred and Rita Mensing case v. Indian River County. Attorney Polackwich affirmed that he would defend the case and seek a conclusion on this matter. He conveyed that the Board and appropriate staff could legally have, if desired, a SHADE meeting to discuss this matter in further detail. The Chairman CALLED THE QUESTION, and by a 4-1 vote (Commissioner Davis opposed), the Motion carried. The Board authorized the County Attorney to take whatever legal action deemed appropriate, to achieve a permanent resolution of the issues entailed in the Fred and Rita Mensing case v. Indian River County. 14. COMMISSIONER ITEMS 14.A. COMMISSIONER PETER D. ®'BRYAN, CHAIRMAN 14.A.1. TOWN OF INDIAN RIVER SHORES WATER AND WASTE WA TER SYSTEM AND SERVICE TO THE TOWN FOR WA TER, WASTEWA TER AND RECLAIMED WATER 18 November 9, 2010 Chairman O'Bryan reported that E William Kenyon, Mayor, Town of Indian River Shores ("the Town"), had sent a letter requesting that the County declare by November 10, 2010, its interest or lack thereof in providing water, wastewater, and reclaimed water to the Town under similar terms to the draft "Asset Purchase and Franchise Agreement" sent by GAI Consultant's (the Town's consultant) to the County. On October 5, 2010, staff had sent to the Town a letter indicating the County's legal concerns about providing services when the Town has an existing franchise agreement with the City of Vero Beach. ("the City") until 2016. He said that he and Vice Chairman Solari would, at the Town's workshop on Wednesday, November 10, 2011, convey the County's willingness to explore the possibility of the County's provision of utility services to the Town, but not necessarily under the terms outlined in the draft `Asset Purchase and Franchise Agreement." Vice Chairman Solari asked the County Attorney to draft a letter to the Town explaining the County's position. He also noted that the City has appointed a new water, wastewater, and reclaimed water liaison, Pilar Turner. Deliberations ensued during which the Board considered whether to designate a water, sewer, and wastewater liaison for negotiations with the Town. The Board CONSENSUS was to have Vice Chairman Solari, the current liaison with the City, continue in that capacity; it was noted that the new Chairman (Board elections to occur on November 16, 2010) may decide to restructure the liaison designations. Attorney Polackwich reiterated that the fundamental issue is the fact that the Town has asked the County to begin providing service in January 2011, five and one-half years prior to the 2016 expiration of the Town's current franchise agreement with the City. He emphasized that the County cannot do anything to interfere with the City's right to complete its franchise. No Board Action Required or Taken 14.B. COMMISSIONER BOB .SOLARI, VICE CHAIRMAN -NONE 19 November 9, 2010 Chairman O'Bryan reported that E William Kenyon, Mayor, Town of Indian River Shores ("the Town"), had sent a letter requesting that the County declare by November 10, 2010, its interest or lack thereof in providing water, wastewater, and reclaimed water to the Town under similar terms to the draft "Asset Purchase and Franchise Agreement" sent by GAI Consultant's (the Town's consultant) to the County. On October 5, 2010, staff had sent to the Town a letter indicating the County's legal concerns about providing services when the Town has an existing franchise agreement with the City of Vero Beach. ("the City") until 2016. He said that he and Vice Chairman Solari would, at the Town's workshop on Wednesday, November 10, 2011, convey the County's willingness to explore the possibility of the County's provision of utility services to the Town, but not necessarily under the terms outlined in the draft `Asset Purchase and Franchise Agreement." Vice Chairman Solari asked the County Attorney to draft a letter to the Town explaining the County's position. He also noted that the City has appointed a new water, wastewater, and reclaimed water liaison, Pilar Turner. Deliberations ensued during which the Board considered whether to designate a water, sewer, and wastewater liaison for negotiations with the Town. The Board CONSENSUS was to have Vice Chairman Solari, the current liaison with the City, continue in that capacity; it was noted that the new Chairman (Board elections to occur on November 16, 2010) may decide to restructure the liaison designations. Attorney Polackwich reiterated that the fundamental issue is the fact that the Town has asked the County to begin providing service in January 2011, five and one-half years prior to the 2016 expiration of the Town's current franchise agreement with the City. He emphasized that the County cannot do anything to interfere with the City's right to complete its franchise. No Board Action Required or Taken 14.B. COMMISSIONER BOB .SOLARI, VICE CHAIRMAN -NONE 19 November 9, 2010 14. C. COMMISSIONER WESLEY S. DAVIS-NONE 14. D. COMMISSIONER JOSEPH E. FLESCHER-NONE 14.E. COMMISSIONER GARY C. WHEELER -NONE 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES DISTRICT -NONE 15.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Regular Board of County Commission 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. INDIAN RIVER CORRECTIONAL INSTITUTION'S REQUEST FOR SOLID WASTE ASSESSMENT WAIVER 15.B.2. FINAL PAY TO GEOSYNTEC FOR WORK ORDER No. 25 - FIVE YEAR LANDFILL OPERATIONS PERMIT RENEWAL 15. C. ENVIRONMENTAL CONTROL BOARD -NONE 20 November 9, 2010 14. C. COMMISSIONER WESLEY S. DAVIS-NONE 14. D. COMMISSIONER JOSEPH E. FLESCHER-NONE 14.E. COMMISSIONER GARY C. WHEELER -NONE 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES DISTRICT -NONE 15.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Regular Board of County Commission 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. INDIAN RIVER CORRECTIONAL INSTITUTION'S REQUEST FOR SOLID WASTE ASSESSMENT WAIVER 15.B.2. FINAL PAY TO GEOSYNTEC FOR WORK ORDER No. 25 - FIVE YEAR LANDFILL OPERATIONS PERMIT RENEWAL 15. C. ENVIRONMENTAL CONTROL BOARD -NONE 20 November 9, 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 16. ADJOURINMENT There being no further business, the Chairman declared the meeting adjourned at 11:36 Rim ATTEST: Jeffrey K. Barton, Clerk Minutes Approved: JAN 1 8 2011 BCC/MG/2010Minutes November 9, 2010 Peter D. O'Bryan, Chairman 21 ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 11:36 p.m. ATTEST: Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman Minutes Approved: BCC/MG/201 OMinutes 21 November 9, 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 16. ADJOURINMENT There being no further business, the Chairman declared the meeting adjourned at 11:36 Rim ATTEST: Jeffrey K. Barton, Clerk Minutes Approved: JAN 1 8 2011 BCC/MG/2010Minutes November 9, 2010 Peter D. O'Bryan, Chairman 21