HomeMy WebLinkAbout12/14/2010COUNTY COMMISSIONERS
Bob Solari, Chairman
Gary C. Wheeler, Vice Chairman
Wesley S Davis
Joseph E Flescher
Peter D. O'Bryan
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, DECEMBER 14, 2010 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
District 5
District 3
District 1
District 2
District 4
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr , County Attorney
Jeffrey K. Barton, Clerk to the Board
Commissioner Wesley S. Davis
Commissioner Bob Solari, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating December 12 2010 through
December 18, 2010 as "NETBOSS TECHNOLOGIES, INC. WEEK" in
Indian River County
B. Economic Development Annual Report Presented by Indian River County
Chamber of Commerce: Bill Penney, Chairman, Economic Development
Division and Helene Caseltine Director, Economic Development
December 14, 2010
PAGE
1
Page l of 6
COUNTY COMMISSIONERS
Bob Solari, Chairman
Gary C. Wheeler, Vice Chairman
Wesley S Davis
Joseph E Flescher
Peter D. O'Bryan
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, DECEMBER 14, 2010 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
District 5
District 3
District 1
District 2
District 4
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr , County Attorney
Jeffrey K. Barton, Clerk to the Board
Commissioner Wesley S. Davis
Commissioner Bob Solari, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating December 12 2010 through
December 18, 2010 as "NETBOSS TECHNOLOGIES, INC. WEEK" in
Indian River County
B. Economic Development Annual Report Presented by Indian River County
Chamber of Commerce: Bill Penney, Chairman, Economic Development
Division and Helene Caseltine Director, Economic Development
December 14, 2010
PAGE
1
Page l of 6
6.
7.
8.
APPROVAL OF MINUTES PAGE
None
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. 2011 Election of Environmental Control Hearing Board Chairperson and
Vice Chairman
(memorandum dated December 8, 2010)
2
CONSENT AGENDA
A. Approval of Warrants and Wires — November 24, 2010 to December 2, 2010
(memorandum dated December 2, 2010) 3-10
B. Resolution Cancelling Taxes on Property Acquired for Public Purpose
(memorandum dated December 2, 2010) 11-17
C. Request for Authorization to Submit an Application for 49 USC CH.53,
Section 5311 Transit Operating Assistance Funds for FY 2011/12
(memorandum dated December 2, 2010)
18-26
D. Request for Approval of a Resolution Endorsing Every Dream Has A Price
as a Sponsoring Agency for a Low Income Housing Project Under the
Florida Community Contribution Tax Credit Program
(memorandum dated December 6, 2010)
27-47
E. Approval of Bid Award for IRC Bid No. 2011024 Remove and Replace an
Uninterruptible Power System
(memorandum dated December 7, 2010)
48-53
F. Work Order No. 1 — G. K. Environmental, Inc., Indian River Boulevard
Sidewalk Improvement from 12th Street to 17th Street, IRC Project No. 0745
(memorandum dated December 6, 2010)
54-58
G. Barber Street FDOT Roadway and Drainage Improvements, Resolution of
Conflicts with Water Main, Approval of Final Pay to Sheltra & Son
Construction Co. Inc., W.I.P. No. 471-23536-044699-10503
(memorandum dated December 1, 2010)
59-64
H. 16" Force Main Relocation on US1 at South Relief Canal, UCP No. 4055,
Final Payment to Sheltra and Sons Construction Co., Inc. and Release of
Retainage, W.I.P. No. 471-23536-044699-10512
(memorandum dated November 30, 2010)
December 14, 2010
65-70
Page 2 of 6
6.
7.
8.
APPROVAL OF MINUTES PAGE
None
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. 2011 Election of Environmental Control Hearing Board Chairperson and
Vice Chairman
(memorandum dated December 8, 2010)
2
CONSENT AGENDA
A. Approval of Warrants and Wires — November 24, 2010 to December 2, 2010
(memorandum dated December 2, 2010) 3-10
B. Resolution Cancelling Taxes on Property Acquired for Public Purpose
(memorandum dated December 2, 2010) 11-17
C. Request for Authorization to Submit an Application for 49 USC CH.53,
Section 5311 Transit Operating Assistance Funds for FY 2011/12
(memorandum dated December 2, 2010)
18-26
D. Request for Approval of a Resolution Endorsing Every Dream Has A Price
as a Sponsoring Agency for a Low Income Housing Project Under the
Florida Community Contribution Tax Credit Program
(memorandum dated December 6, 2010)
27-47
E. Approval of Bid Award for IRC Bid No. 2011024 Remove and Replace an
Uninterruptible Power System
(memorandum dated December 7, 2010)
48-53
F. Work Order No. 1 — G. K. Environmental, Inc., Indian River Boulevard
Sidewalk Improvement from 12th Street to 17th Street, IRC Project No. 0745
(memorandum dated December 6, 2010)
54-58
G. Barber Street FDOT Roadway and Drainage Improvements, Resolution of
Conflicts with Water Main, Approval of Final Pay to Sheltra & Son
Construction Co. Inc., W.I.P. No. 471-23536-044699-10503
(memorandum dated December 1, 2010)
59-64
H. 16" Force Main Relocation on US1 at South Relief Canal, UCP No. 4055,
Final Payment to Sheltra and Sons Construction Co., Inc. and Release of
Retainage, W.I.P. No. 471-23536-044699-10512
(memorandum dated November 30, 2010)
December 14, 2010
65-70
Page 2 of 6
8.
9.
CONSENT AGENDA
I. Request to Approve a Memorandum of Agreement with the Marine
Resources Council (MRC) for MRC Management of the ` Russell North
Parcels" of the St. Sebastian River Greenway
(memorandum dated December 6, 2010)
PAGE
J. Acquisition of Right -of -Way and Temporary Construction Easement (TCE),
66th Avenue Between 4th Street and 16th Street, Parcel I.D. # 33-39-18-
00001-0090-00002.0, Project Parcel #4 (Right -of -Way) and #4-TCE,
Owner. George A. and Sandra R. Kahle
(memorandum dated December 6, 2010)
71-82
83-95
K. Committee Assignments for Commissioners
(memorandum dated December 8, 2010) 96-99
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
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 Cheryl Gondek Regarding Go -Line Bus Hub
Location
100
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
December 14, 2010
Page 3 of 6
8.
9.
CONSENT AGENDA
I. Request to Approve a Memorandum of Agreement with the Marine
Resources Council (MRC) for MRC Management of the ` Russell North
Parcels" of the St. Sebastian River Greenway
(memorandum dated December 6, 2010)
PAGE
J. Acquisition of Right -of -Way and Temporary Construction Easement (TCE),
66th Avenue Between 4th Street and 16th Street, Parcel I.D. # 33-39-18-
00001-0090-00002.0, Project Parcel #4 (Right -of -Way) and #4-TCE,
Owner. George A. and Sandra R. Kahle
(memorandum dated December 6, 2010)
71-82
83-95
K. Committee Assignments for Commissioners
(memorandum dated December 8, 2010) 96-99
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
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 Cheryl Gondek Regarding Go -Line Bus Hub
Location
100
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
December 14, 2010
Page 3 of 6
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
H.
None
Recreation
None
I. Public Works
None
J. Utilities Services
1. Amendment No. 1 to Developer's Agreement Between Indian River
County, Florida and Acts, Inc., a Pennsylvania Corporation, W.I.P.
No. 47123536-044699-11501
(memorandum dated November 29, 2010)
PAGE
101-108
December 14, 2010 Page 4 of 6
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
H.
None
Recreation
None
I. Public Works
None
J. Utilities Services
1. Amendment No. 1 to Developer's Agreement Between Indian River
County, Florida and Acts, Inc., a Pennsylvania Corporation, W.I.P.
No. 47123536-044699-11501
(memorandum dated November 29, 2010)
PAGE
101-108
December 14, 2010 Page 4 of 6
13.
COUNTY ATTORNEY MATTERS
A. Reimbursement to developer pursuant to proposed Second Amendment to
Agreement for Construction of Off -Site Utilities (Woodside Tuscany /
Fieldstone Ranch)
(memorandum dated December 8, 2010)
B. City First Mortgage Corporation v. Indian River County Request for
"Shade" Meeting under 286.11(8), Florida Statutes
(memorandum dated December 7 2010)
PAGE
109-127
128-129
14. COMMISSIONERS ITEMS
A. Commissioner Bob Solari, Chairman
None
B. Commissioner Gary C, Wheeler, Vice Chairman
1. Discussion Regarding a Resolution of Support for Department of
Community Affairs (DCA)
(no back-up)
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E. Flescher
None
E. Commissioner Peter D. O'Bryan
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
December 14, 2010
Page 5 of 6
13.
COUNTY ATTORNEY MATTERS
A. Reimbursement to developer pursuant to proposed Second Amendment to
Agreement for Construction of Off -Site Utilities (Woodside Tuscany /
Fieldstone Ranch)
(memorandum dated December 8, 2010)
B. City First Mortgage Corporation v. Indian River County Request for
"Shade" Meeting under 286.11(8), Florida Statutes
(memorandum dated December 7 2010)
PAGE
109-127
128-129
14. COMMISSIONERS ITEMS
A. Commissioner Bob Solari, Chairman
None
B. Commissioner Gary C, Wheeler, Vice Chairman
1. Discussion Regarding a Resolution of Support for Department of
Community Affairs (DCA)
(no back-up)
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E. Flescher
None
E. Commissioner Peter D. O'Bryan
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
December 14, 2010
Page 5 of 6
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.
December 14, 2010
Page 6 of 6
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.
December 14, 2010
Page 6 of 6
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 14, 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 10.B.2. Request to Speak from Linda Hillman on GoLine Bus Hub
Location 2
Addition: Item 13.C. County Attorney Matters: Final Contract with Republic
Services of Florida, Limited Partnership, d/b/a Treasure Coast Refuse
("Republic Services") 2
5. PROCLAMATIONS AND PRESENTATIONS 2
S.A. PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 12, 2010
THROUGH DECEMBER 18, 2010 AS "NETBOSS TECHNOLOGIES, INC.
WEEK" IN INDIAN RIVER COUNTY 2
S.B. ECONOMIC DEVELOPMENT ANNUAL REPORT PRESENTED BY INDIAN RIVER
COUNTY CHAMBER OF COMMERCE. BILL PENNEY, CHAIRMAN, ECONOMIC
DEVELOPMENT DIVISION AND HELENE CASELTINE, DIRECTOR, ECONOMIC
DEVELOPMENT 3
December 14, 2010 1
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 14, 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 10.B.2. Request to Speak from Linda Hillman on GoLine Bus Hub
Location 2
Addition: Item 13.C. County Attorney Matters: Final Contract with Republic
Services of Florida, Limited Partnership, d/b/a Treasure Coast Refuse
("Republic Services") 2
5. PROCLAMATIONS AND PRESENTATIONS 2
S.A. PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 12, 2010
THROUGH DECEMBER 18, 2010 AS "NETBOSS TECHNOLOGIES, INC.
WEEK" IN INDIAN RIVER COUNTY 2
S.B. ECONOMIC DEVELOPMENT ANNUAL REPORT PRESENTED BY INDIAN RIVER
COUNTY CHAMBER OF COMMERCE. BILL PENNEY, CHAIRMAN, ECONOMIC
DEVELOPMENT DIVISION AND HELENE CASELTINE, DIRECTOR, ECONOMIC
DEVELOPMENT 3
December 14, 2010 1
6. APPROVAL OF MINUTES -NONE 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. 2011 ELECTION OF ENVIRONMENTAL CONTROL HEARING BOARD CHAIRPERSON
AND VICE CHAIRMAN 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES - NOVEMBER 24, 2010 TO DECEMBER 2,
2010 4
8.B. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED FOR PUBLIC
PURPOSE 5
8.C. REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION FOR 49 USC
CHAPER 53, SECTION 5311 TRANSIT OPERATING ASSISTANCE FUNDS FOR FY
2011/12 5
8.D. REQUEST FOR APPROVAL OF A RESOLUTION ENDORSING EVERY DREAM HAS A
PRICE AS A SPONSORING AGENCY FOR A LOW INCOME HOUSING PROJECT
UNDER THE FLORIDA COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM 6
8.E. APPROVAL OF BID AWARD FOR IRC BID No. 2011024 REMOVE AND REPLACE
AN UNINTERRUPTIBLE POWER SYSTEM 6
8.F. WORK ORDER NO. 1 - G K. ENVIRONMENTAL, INC., INDIAN RIVER
BOULEVARD SIDEWALK IMPROVEMENT FROM 12" STREET TO 17T" STREET,
IRC PROJECT No. 0745 7
8.G. BARBER STREET FDOT ROADWAY AND DRAINAGE IMPROVEMENTS,
RESOLUTION OF CONFLICTS WITH WATER MAIN, APPROVAL OF FINAL PAY TO
SHELTRA & SON CONSTRUCTION CO. INC., W.I.P. No. 471-23536-044699-
10503 7
8.H. 16" FORCE MAIN RELOCATION ON US 1 AT SOUTH RELIEF CANAL, UCP No.
4055, FINAL PAYMENT TO SHELTRA AND SONS SON CONSTRUCTION CO., INC.
AND RELEASE OF RETAINAGE, W.I.P. No. 471-23536-044699-10512 8
8.1. REQUEST TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE MARINE
RESOURCES COUNCIL (MRC) FOR MRC MANAGEMENT OF THE "RUSSELL
NORTH PARCELS" OF THE ST. SEBASTIAN RIVER GREENWAY 8
December 14, 2010 2
6. APPROVAL OF MINUTES -NONE 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. 2011 ELECTION OF ENVIRONMENTAL CONTROL HEARING BOARD CHAIRPERSON
AND VICE CHAIRMAN 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES - NOVEMBER 24, 2010 TO DECEMBER 2,
2010 4
8.B. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED FOR PUBLIC
PURPOSE 5
8.C. REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION FOR 49 USC
CHAPER 53, SECTION 5311 TRANSIT OPERATING ASSISTANCE FUNDS FOR FY
2011/12 5
8.D. REQUEST FOR APPROVAL OF A RESOLUTION ENDORSING EVERY DREAM HAS A
PRICE AS A SPONSORING AGENCY FOR A LOW INCOME HOUSING PROJECT
UNDER THE FLORIDA COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM 6
8.E. APPROVAL OF BID AWARD FOR IRC BID No. 2011024 REMOVE AND REPLACE
AN UNINTERRUPTIBLE POWER SYSTEM 6
8.F. WORK ORDER NO. 1 - G K. ENVIRONMENTAL, INC., INDIAN RIVER
BOULEVARD SIDEWALK IMPROVEMENT FROM 12" STREET TO 17T" STREET,
IRC PROJECT No. 0745 7
8.G. BARBER STREET FDOT ROADWAY AND DRAINAGE IMPROVEMENTS,
RESOLUTION OF CONFLICTS WITH WATER MAIN, APPROVAL OF FINAL PAY TO
SHELTRA & SON CONSTRUCTION CO. INC., W.I.P. No. 471-23536-044699-
10503 7
8.H. 16" FORCE MAIN RELOCATION ON US 1 AT SOUTH RELIEF CANAL, UCP No.
4055, FINAL PAYMENT TO SHELTRA AND SONS SON CONSTRUCTION CO., INC.
AND RELEASE OF RETAINAGE, W.I.P. No. 471-23536-044699-10512 8
8.1. REQUEST TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE MARINE
RESOURCES COUNCIL (MRC) FOR MRC MANAGEMENT OF THE "RUSSELL
NORTH PARCELS" OF THE ST. SEBASTIAN RIVER GREENWAY 8
December 14, 2010 2
8.J. ACQUISITION OF RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT
(TCE), 66T" AVENUE BETWEEN 4TH STREET AND 16TH STREET, PARCEL I.D. #
33-39-18-00001-0090-00002.0, PROJECT PARCEL #4 (RIGHT-OF-WAY) AND #4-
TCE, OWNER: GEORGE A. AND SANDRA R. KAHLE 9
8.K. COMMITTEE ASSIGNMENTS FOR COMMISSIONERS 9
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 10
10. PUBLIC ITEMS 10
10.A. PUBLIC HEARINGS -NONE 10
10.B. PUBLIC DISCUSSION ITEMS 10
10.B.1. REQUEST TO SPEAK FROM CHERYL GONDEK REGARDING Go LINE GOLINE BUS
HUB LOCATION 10
10.B.2. REQUEST TO SPEAK FROM LINDA HILLMAN ON GOLINE BUS HUB LOCATION 11
10.C. PUBLIC NOTICE ITEMS -NONE 11
11. COUNTY ADMINISTRATOR MATTERS -NONE 11
12. DEPARTMENTAL MATTERS 11
12.A. COMMUNITY DEVELOPMENT -NONE 11
12.B. EMERGENCY SERVICES -NONE 11
12.C. GENERAL SERVICES -NONE 11
12.D. HUMAN RESOURCES -NONE 12
12.E. HUMAN SERVICES -NONE 12
12.F. LEISURE SERVICES -NONE 12
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 12
12.H. RECREATION -NONE 12
12.I. PUBLIC WORKS -NONE 12
12.J. UTILITIES SERVICES 12
12..1.1. AMENDMENT NO. 1 TO DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER
COUNTY, FLORIDA AND ACTS, INC., A PENNSYLVANIA CORPORATION, W.I.P.
No. 47123536-044699-11501 12
December 14, 2010 3
8.J. ACQUISITION OF RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT
(TCE), 66T" AVENUE BETWEEN 4TH STREET AND 16TH STREET, PARCEL I.D. #
33-39-18-00001-0090-00002.0, PROJECT PARCEL #4 (RIGHT-OF-WAY) AND #4-
TCE, OWNER: GEORGE A. AND SANDRA R. KAHLE 9
8.K. COMMITTEE ASSIGNMENTS FOR COMMISSIONERS 9
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 10
10. PUBLIC ITEMS 10
10.A. PUBLIC HEARINGS -NONE 10
10.B. PUBLIC DISCUSSION ITEMS 10
10.B.1. REQUEST TO SPEAK FROM CHERYL GONDEK REGARDING Go LINE GOLINE BUS
HUB LOCATION 10
10.B.2. REQUEST TO SPEAK FROM LINDA HILLMAN ON GOLINE BUS HUB LOCATION 11
10.C. PUBLIC NOTICE ITEMS -NONE 11
11. COUNTY ADMINISTRATOR MATTERS -NONE 11
12. DEPARTMENTAL MATTERS 11
12.A. COMMUNITY DEVELOPMENT -NONE 11
12.B. EMERGENCY SERVICES -NONE 11
12.C. GENERAL SERVICES -NONE 11
12.D. HUMAN RESOURCES -NONE 12
12.E. HUMAN SERVICES -NONE 12
12.F. LEISURE SERVICES -NONE 12
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 12
12.H. RECREATION -NONE 12
12.I. PUBLIC WORKS -NONE 12
12.J. UTILITIES SERVICES 12
12..1.1. AMENDMENT NO. 1 TO DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER
COUNTY, FLORIDA AND ACTS, INC., A PENNSYLVANIA CORPORATION, W.I.P.
No. 47123536-044699-11501 12
December 14, 2010 3
13 COUNTY ATTORNEY MATTERS 13
13.A. REIMBURSEMENT TO DEVELOPER PURSUANT TO PROPOSED SECOND
AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF OFF-SITE UTILITIES
(WOODSIDE TUSCANY / FIELDSTONE RANCH) 13
13.B. CITY FIRST MORTGAGE CORPORATION V. INDIAN RIVER COUNTY REQUEST FOR
"SHADE" MEETING UNDER 286 11(8), FLORIDA STATUTES 14
13.C. FINAL CONTRACT WITH REPUBLIC SERVICES OF FLORIDA, LIMITED
PARTNERSHIP, D/B/A TREASURE COAST REFUSE ("REPUBLIC SERVICES") 15
14. COMMISSIONER ITEMS 17
14.A. COMMISSIONER BOB SOLARI, CHAIRMAN -NONE 17
14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN 17
14.B.1. DISCUSSION REGARDING A RESOLUTION OF SUPPORT FOR DEPARTMENT OF
COMMUNITY AFFAIRS (DCA) 17
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 18
14.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 18
14.E. COMMISSIONER PETER D. O'BRYAN- NONE 18
15. SPECIAL DISTRICTS AND BOARDS 18
15.A. EMERGENCY SERVICES DISTRICT -NONE 19
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 19
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 19
16. ADJOURNMENT 19
December 14, 2010 4
13 COUNTY ATTORNEY MATTERS 13
13.A. REIMBURSEMENT TO DEVELOPER PURSUANT TO PROPOSED SECOND
AMENDMENT TO AGREEMENT FOR CONSTRUCTION OF OFF-SITE UTILITIES
(WOODSIDE TUSCANY / FIELDSTONE RANCH) 13
13.B. CITY FIRST MORTGAGE CORPORATION V. INDIAN RIVER COUNTY REQUEST FOR
"SHADE" MEETING UNDER 286 11(8), FLORIDA STATUTES 14
13.C. FINAL CONTRACT WITH REPUBLIC SERVICES OF FLORIDA, LIMITED
PARTNERSHIP, D/B/A TREASURE COAST REFUSE ("REPUBLIC SERVICES") 15
14. COMMISSIONER ITEMS 17
14.A. COMMISSIONER BOB SOLARI, CHAIRMAN -NONE 17
14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN 17
14.B.1. DISCUSSION REGARDING A RESOLUTION OF SUPPORT FOR DEPARTMENT OF
COMMUNITY AFFAIRS (DCA) 17
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 18
14.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 18
14.E. COMMISSIONER PETER D. O'BRYAN- NONE 18
15. SPECIAL DISTRICTS AND BOARDS 18
15.A. EMERGENCY SERVICES DISTRICT -NONE 19
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 19
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 19
16. ADJOURNMENT 19
December 14, 2010 4
JEFFREY K. BARTON
Clerk to the Board
December 14, 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, December 14, 2010. Present were Chairman Bob Solari, Vice Chairman Gary C.
Wheeler, and Commissioners Wesley S. Davis Joseph E Flescher, and Peter D. O'Bryan. Also
present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr.,
and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Solari called the meeting to order at 9:00 a.m.
2. INVOCATION
Commissioner Davis delivered the Invocation.
December 14, 2010 1
JEFFREY K. BARTON
Clerk to the Board
December 14, 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, December 14, 2010. Present were Chairman Bob Solari, Vice Chairman Gary C.
Wheeler, and Commissioners Wesley S. Davis Joseph E Flescher, and Peter D. O'Bryan. Also
present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr.,
and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Solari called the meeting to order at 9:00 a.m.
2. INVOCATION
Commissioner Davis delivered the Invocation.
December 14, 2010 1
3. PLEDGE OF ALLEGIANCE
Chairman Solari led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Solari requested the following changes to today's Agenda:
ADDITION: ITEM 10.B.2. REQUEST TO SPEAK FROM LINDA HILLMAN ON GOLINE Bus HUB
LOCATION
ADDITION: ITEM 13. C. COUNTY ATTORNEY MATTERS: FINAL CONTRACT WITH REPUBLIC
SERVICES OF FLORIDA, LIMITED PARTNERSHIP, D/B/A TREASURE COAST REFUSE ("REPUBLIC
SERVICES")
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 12, 2010
THROUGH DECEMBER 18, 2010As "NETBOSS TECHNOLOGIES, INC.
WEEK" IN INDIAN RIVER COUNTY
Commissioner O'Bryan read and presented the Proclamation to Jim Odom, President,
and Tim Keithahn, CEO, of NetBoss Technologies, Inc., Sebastian, Florida. Mr. Odom
conveyed that the grant program and the helpfulness of County staff and Commissioners had
facilitated NetBoss Technologies' decision to place its headquarters in the County. Mr.
Keithahn reported that the company has thus far hired forty-five individuals, and stated that
further openings continue to be posted on their website, www.netboss-technologies.com.
December 14, 2010 2
3. PLEDGE OF ALLEGIANCE
Chairman Solari led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Solari requested the following changes to today's Agenda:
ADDITION: ITEM 10.B.2. REQUEST TO SPEAK FROM LINDA HILLMAN ON GOLINE Bus HUB
LOCATION
ADDITION: ITEM 13. C. COUNTY ATTORNEY MATTERS: FINAL CONTRACT WITH REPUBLIC
SERVICES OF FLORIDA, LIMITED PARTNERSHIP, D/B/A TREASURE COAST REFUSE ("REPUBLIC
SERVICES")
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 12, 2010
THROUGH DECEMBER 18, 2010As "NETBOSS TECHNOLOGIES, INC.
WEEK" IN INDIAN RIVER COUNTY
Commissioner O'Bryan read and presented the Proclamation to Jim Odom, President,
and Tim Keithahn, CEO, of NetBoss Technologies, Inc., Sebastian, Florida. Mr. Odom
conveyed that the grant program and the helpfulness of County staff and Commissioners had
facilitated NetBoss Technologies' decision to place its headquarters in the County. Mr.
Keithahn reported that the company has thus far hired forty-five individuals, and stated that
further openings continue to be posted on their website, www.netboss-technologies.com.
December 14, 2010 2
Commissioners Davis and Solari commended the Economic Development Council for its
role in attracting and securing new businesses.
S.B. ECONOMIC DEVELOPMENT ANNUAL REPORT PRESENTED BY INDIAN
RIVER COUNTY CHAMBER OF COMMERCE: BILL PENNEY, CHAIRMAN,
ECONOMIC DEVELOPMENT DIVISION AND HELENE CASELTINE,
DIRECTOR, ECONOMIC DEVELOPMENT
Bill Penney, Chairman of the Economic Development Division of the Indian River
County Chamber of Commerce, related that as the primary economic development agency in the
County, the Chamber has been working hard to bring jobs into the community. He thanked the
Board, County Administrator, and staff for their efforts towards the same goal, and invited
Helene Caseltine to highlight some of the Chamber's efforts and successes.
Helene Caseltine, 1216 21St Street, Director of Economic Development, Indian River
County Chamber of Commerce, through a PowerPoint presentation (on file), presented an
overview of the Chamber's Fiscal Year 2009/2010 Economic Development Annual Report. She
outlined the actions taken by the Chamber to promote the County for business recruitment,
retention, expansion, and small business development. Ms. Caseltine reported that through the
local Jobs Grant Program, four businesses (eMindful, INEOS New Planet BioEnergy, AlgaGen,
and NetBoss Technologies) had located in the County, creating 187 new high -wage jobs. In
addition, the Chamber has helped other companies create or retain 1,445 jobs over the past five
years. Ms. Caseltine disclosed that eMindful and INEOS New Planet BioEnergy have also
benefited from the State's Qualified Target Industry (QTI) Tax Refund Program. At the request
of Commissioner Davis, she confirmed that the Chamber was promoting the ad valorem tax
exemptions approved at the November 2, 2010 General Election, and the amendments to the
commercial/industrial node at SR 60 and 98th Avenue that were approved at the October 12,
2010 Board of County Commission meeting.
December 14, 2010 3
Commissioners Davis and Solari commended the Economic Development Council for its
role in attracting and securing new businesses.
S.B. ECONOMIC DEVELOPMENT ANNUAL REPORT PRESENTED BY INDIAN
RIVER COUNTY CHAMBER OF COMMERCE: BILL PENNEY, CHAIRMAN,
ECONOMIC DEVELOPMENT DIVISION AND HELENE CASELTINE,
DIRECTOR, ECONOMIC DEVELOPMENT
Bill Penney, Chairman of the Economic Development Division of the Indian River
County Chamber of Commerce, related that as the primary economic development agency in the
County, the Chamber has been working hard to bring jobs into the community. He thanked the
Board, County Administrator, and staff for their efforts towards the same goal, and invited
Helene Caseltine to highlight some of the Chamber's efforts and successes.
Helene Caseltine, 1216 21St Street, Director of Economic Development, Indian River
County Chamber of Commerce, through a PowerPoint presentation (on file), presented an
overview of the Chamber's Fiscal Year 2009/2010 Economic Development Annual Report. She
outlined the actions taken by the Chamber to promote the County for business recruitment,
retention, expansion, and small business development. Ms. Caseltine reported that through the
local Jobs Grant Program, four businesses (eMindful, INEOS New Planet BioEnergy, AlgaGen,
and NetBoss Technologies) had located in the County, creating 187 new high -wage jobs. In
addition, the Chamber has helped other companies create or retain 1,445 jobs over the past five
years. Ms. Caseltine disclosed that eMindful and INEOS New Planet BioEnergy have also
benefited from the State's Qualified Target Industry (QTI) Tax Refund Program. At the request
of Commissioner Davis, she confirmed that the Chamber was promoting the ad valorem tax
exemptions approved at the November 2, 2010 General Election, and the amendments to the
commercial/industrial node at SR 60 and 98th Avenue that were approved at the October 12,
2010 Board of County Commission meeting.
December 14, 2010 3
6. APPROVAL OF MINUTES -NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. 2011 ELECTION OF ENVIRONMENTAL CONTROL HEARING BOARD
CHAIRPERSON AND VICE CHAIRMAN
Noted for the record was the election of Cynthia Hall as Chairperson, and Steve
Snoberger as Vice Chairman, of the Environmental Control Hearing Board for 2011.
8. CONSENT AGENDA
Commissioner O'Bryan requested Item 8.I. be pulled for discussion.
Vice Chairman Wheeler requested Item 8.K. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES - NOVEMBER 24, 2010 TO
DECEMBER 2, 2010
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of November 24, 2010 to
December 14, 2010 4
6. APPROVAL OF MINUTES -NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. 2011 ELECTION OF ENVIRONMENTAL CONTROL HEARING BOARD
CHAIRPERSON AND VICE CHAIRMAN
Noted for the record was the election of Cynthia Hall as Chairperson, and Steve
Snoberger as Vice Chairman, of the Environmental Control Hearing Board for 2011.
8. CONSENT AGENDA
Commissioner O'Bryan requested Item 8.I. be pulled for discussion.
Vice Chairman Wheeler requested Item 8.K. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES - NOVEMBER 24, 2010 TO
DECEMBER 2, 2010
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of November 24, 2010 to
December 14, 2010 4
December 2, 2010, as requested in the memorandum of
December 2, 2010.
8.B. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED FOR PUBLIC
PURPOSE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
Resolution 2010-121, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. 86th Avenue, Sebastian, Florida
Susan K. Russell, individually and as Trustee of the Susan
K. Russell Revocable Trust of December 13, 2005, and
Robert M. Russell, individually, and as Trustee of the
Robert M Russell Revocable Trust of December 13, 2005
8.C. REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION FOR 49 USC
CHAPER 53, SECTION 5311 TRANSIT OPERATING ASSISTANCE FUNDS FOR
FY 2011/12
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously
approved Resolution 2010-122, authorizing the
submission of a FY 2011/12 grant application for 49 USC
Chapter 53, Section 5311 Public Transit Operating
Assistance.
December 14, 2010 5
December 2, 2010, as requested in the memorandum of
December 2, 2010.
8.B. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED FOR PUBLIC
PURPOSE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
Resolution 2010-121, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. 86th Avenue, Sebastian, Florida
Susan K. Russell, individually and as Trustee of the Susan
K. Russell Revocable Trust of December 13, 2005, and
Robert M. Russell, individually, and as Trustee of the
Robert M Russell Revocable Trust of December 13, 2005
8.C. REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION FOR 49 USC
CHAPER 53, SECTION 5311 TRANSIT OPERATING ASSISTANCE FUNDS FOR
FY 2011/12
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously
approved Resolution 2010-122, authorizing the
submission of a FY 2011/12 grant application for 49 USC
Chapter 53, Section 5311 Public Transit Operating
Assistance.
December 14, 2010 5
8.D. REQUEST FOR APPROVAL OF A RESOLUTION ENDORSING EVERY DREAM
HAS A PRICE AS A SPONSORING AGENCY FOR A LOW INCOME HOUSING
PROJECT UNDER THE FLORIDA COMMUNITY CONTRIBUTION TAX CREDIT
PROGRAM
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
Resolution 2010-123, endorsing Every Dream Has A
Price (EDHAP) as a sponsoring agency under the Florida
Community Contribution Tax Credit Program, and finding
that EDHAP's Halfway Home To The Dream: A Safe
Place To Call Home project is consistent with the Indian
River County Comprehensive Plan and the Indian River
County Land Development Regulations.
8.E. APPROVAL OF BID AWARD FOR IRC BID No. 2011024 REMOVE AND
REPLACE AN UNINTERRUPTIBLE POWER SYSTEM
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously: (1)
approved the Bid Award to Creative Power Solutions,
Inc., as the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid; and (2)
approved the issuance of a purchase order in the amount
of $28,321.00 for equipment purchase, installation and
first year Annual Maintenance, after receipt of the
appropriate certificate of insurance, as recommended in
the memorandum of December 7, 2010.
December 14, 2010 6
8.D. REQUEST FOR APPROVAL OF A RESOLUTION ENDORSING EVERY DREAM
HAS A PRICE AS A SPONSORING AGENCY FOR A LOW INCOME HOUSING
PROJECT UNDER THE FLORIDA COMMUNITY CONTRIBUTION TAX CREDIT
PROGRAM
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
Resolution 2010-123, endorsing Every Dream Has A
Price (EDHAP) as a sponsoring agency under the Florida
Community Contribution Tax Credit Program, and finding
that EDHAP's Halfway Home To The Dream: A Safe
Place To Call Home project is consistent with the Indian
River County Comprehensive Plan and the Indian River
County Land Development Regulations.
8.E. APPROVAL OF BID AWARD FOR IRC BID No. 2011024 REMOVE AND
REPLACE AN UNINTERRUPTIBLE POWER SYSTEM
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously: (1)
approved the Bid Award to Creative Power Solutions,
Inc., as the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid; and (2)
approved the issuance of a purchase order in the amount
of $28,321.00 for equipment purchase, installation and
first year Annual Maintenance, after receipt of the
appropriate certificate of insurance, as recommended in
the memorandum of December 7, 2010.
December 14, 2010 6
8.F. WORK ORDER No. 1- G. K. ENVIRONMENTAL, INC., INDIAN RIVER
BOULEVARD SIDEWALK IMPROVEMENT FROM 12TH STREET TO 17r"
STREET, IRC PROJECTNo. 0745
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 1
with G.K. Environmental, Inc., for the not -to -exceed sum
of $10,675.00, authorizing the services outlined in the
Scope of Services, as recommended in the memorandum
of December 6, 2010
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. BARBER STREET FDOT ROADW4YAND DRAINAGE IMPROVEMENTS,
RESOLUTION OF CONFLICTS WITH WATER MAIN, APPROVAL OF FINAL
PAY TO SHELTRA & SON CONSTRUCTION CO. INC., W.I.P. No. 471-
23536-044699-10503
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously: (1)
approved the total project construction cost of $8,160 66;
(2) approved Application for Payment No. 2 — Final as
final payment to the contractor, Sheltra and Son
Construction Company, Inc., in the amount of $408.03, as
recommended in the memorandum of December 1, 2010.
December 14, 2010 7
8.F. WORK ORDER No. 1- G. K. ENVIRONMENTAL, INC., INDIAN RIVER
BOULEVARD SIDEWALK IMPROVEMENT FROM 12TH STREET TO 17r"
STREET, IRC PROJECTNo. 0745
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 1
with G.K. Environmental, Inc., for the not -to -exceed sum
of $10,675.00, authorizing the services outlined in the
Scope of Services, as recommended in the memorandum
of December 6, 2010
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. BARBER STREET FDOT ROADW4YAND DRAINAGE IMPROVEMENTS,
RESOLUTION OF CONFLICTS WITH WATER MAIN, APPROVAL OF FINAL
PAY TO SHELTRA & SON CONSTRUCTION CO. INC., W.I.P. No. 471-
23536-044699-10503
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously: (1)
approved the total project construction cost of $8,160 66;
(2) approved Application for Payment No. 2 — Final as
final payment to the contractor, Sheltra and Son
Construction Company, Inc., in the amount of $408.03, as
recommended in the memorandum of December 1, 2010.
December 14, 2010 7
8.H. 16" FORCE MAIN RELOCATION ON USI AT SOUTH RELIEF CANAL, UCP
No. 4055, FINAL PAYMENT TO SHELTRA AND SONS -SON CONSTRUCTION
Co., INC. AND RELEASE OF RETAINAGE, W.I.P. No. 471-23536-044699-
10512
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously: (1)
approved the total project construction cost of $32,141.89;
and (2) approved Application for Payment No. 2 — Final as
final payment to the Contractor, Sheltra and Son
Construction Company, Inc., in the amount of $1,607.09,
as recommended in the memorandum of November 30,
2010.
8.1. REQUEST TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE
MARINE RESOURCES COUNCIL (MRC) FOR MRC MANAGEMENT OF THE
"RUSSELL NORTH PARCELS" OF THE Sr. SEBASTIAN RIVER GREENWAY
Commissioner O'Bryan observed that the above initiative is a great example of the
County working with private nonprofit organizations to bring to the entire community
improvements that would otherwise be unaffordable.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved and authorized the Chairman to execute the
Memorandum of Agreement for MRC (Marine Resources
Council) management of the Russell parcels of the St.
Sebastian Greenway, as recommended in the
memorandum of December 6, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 14, 2010 8
8.H. 16" FORCE MAIN RELOCATION ON USI AT SOUTH RELIEF CANAL, UCP
No. 4055, FINAL PAYMENT TO SHELTRA AND SONS -SON CONSTRUCTION
Co., INC. AND RELEASE OF RETAINAGE, W.I.P. No. 471-23536-044699-
10512
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously: (1)
approved the total project construction cost of $32,141.89;
and (2) approved Application for Payment No. 2 — Final as
final payment to the Contractor, Sheltra and Son
Construction Company, Inc., in the amount of $1,607.09,
as recommended in the memorandum of November 30,
2010.
8.1. REQUEST TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE
MARINE RESOURCES COUNCIL (MRC) FOR MRC MANAGEMENT OF THE
"RUSSELL NORTH PARCELS" OF THE Sr. SEBASTIAN RIVER GREENWAY
Commissioner O'Bryan observed that the above initiative is a great example of the
County working with private nonprofit organizations to bring to the entire community
improvements that would otherwise be unaffordable.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved and authorized the Chairman to execute the
Memorandum of Agreement for MRC (Marine Resources
Council) management of the Russell parcels of the St.
Sebastian Greenway, as recommended in the
memorandum of December 6, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 14, 2010 8
8.J. ACQUISITION OF RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION
EASEMENT (TCE), 66TH AVENUE BETWEEN 4TH STREET AND 16TH STREET,
PARCEL I.D. # 33-39-18-00001-0090-00002.0, PROJECT PARCEL 144
(RIGHT-OF-WAY) AND #4-TCE, OWNER: GEORGE A. AND SANDRA R.
KAHLE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
the purchase of the needed right-of-way and easements at
a price of $7,100, inclusive of all fees, and authorized the
Chairman to execute the Purchase and Sale Agreement
with George A. and Sandra R. Kahle, as recommended in
the memorandum of December 6, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. COMMITTEE ASSIGNMENTS FOR COMMISSIONERS
Vice Chairman Wheeler requested that he and Commissioner O'Bryan exchange
positions on the Treasure Coast Regional Planning Council. Commissioner O'Bryan will
become the regular member, and Vice Chairman Wheeler the alternate.
Chairman Solari acquiesced, noting that no Motion was required. He thereafter detailed
his request for Commissioner O'Bryan to remain as the Chairman of the Tourist Development
Council; there were no objections.
LIST ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 14, 2010 9
8.J. ACQUISITION OF RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION
EASEMENT (TCE), 66TH AVENUE BETWEEN 4TH STREET AND 16TH STREET,
PARCEL I.D. # 33-39-18-00001-0090-00002.0, PROJECT PARCEL 144
(RIGHT-OF-WAY) AND #4-TCE, OWNER: GEORGE A. AND SANDRA R.
KAHLE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Board unanimously approved
the purchase of the needed right-of-way and easements at
a price of $7,100, inclusive of all fees, and authorized the
Chairman to execute the Purchase and Sale Agreement
with George A. and Sandra R. Kahle, as recommended in
the memorandum of December 6, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. COMMITTEE ASSIGNMENTS FOR COMMISSIONERS
Vice Chairman Wheeler requested that he and Commissioner O'Bryan exchange
positions on the Treasure Coast Regional Planning Council. Commissioner O'Bryan will
become the regular member, and Vice Chairman Wheeler the alternate.
Chairman Solari acquiesced, noting that no Motion was required. He thereafter detailed
his request for Commissioner O'Bryan to remain as the Chairman of the Tourist Development
Council; there were no objections.
LIST ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 14, 2010 9
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS NONE
1011 PUBLIC DISCUSSION ITEMS
10.111. REQUEST TO SPEAK FROM CHERYL GONDEK REGARDING GO -LINE
GOLINE Bus HUB LOCATION
Cheryl Gondek, 2456 16th Avenue, Original Town, provided to the Board and displayed
via overhead projection, a map (copy on file) depicting the area surrounding the GoLine bus hub,
which is situated diagonally across the street from the County Administration Building. She
relayed the importance of the hub to her and other residents who rely on public transportation,
and beseeched the Commissioners to retain the hub in its current location.
Chairman Solari acknowledged Ms. Gondek's concerns, and related that the Metropolitan
Planning Organization (MPO) and the City of Vero Beach are working with neighborhood
residents to determine the best place to locate the GoLine hub. He invited her to attend future
Board of County Commission meetings for updates on this matter.
No Board Action Required or Taken
December 14, 2010 10
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS NONE
1011 PUBLIC DISCUSSION ITEMS
10.111. REQUEST TO SPEAK FROM CHERYL GONDEK REGARDING GO -LINE
GOLINE Bus HUB LOCATION
Cheryl Gondek, 2456 16th Avenue, Original Town, provided to the Board and displayed
via overhead projection, a map (copy on file) depicting the area surrounding the GoLine bus hub,
which is situated diagonally across the street from the County Administration Building. She
relayed the importance of the hub to her and other residents who rely on public transportation,
and beseeched the Commissioners to retain the hub in its current location.
Chairman Solari acknowledged Ms. Gondek's concerns, and related that the Metropolitan
Planning Organization (MPO) and the City of Vero Beach are working with neighborhood
residents to determine the best place to locate the GoLine hub. He invited her to attend future
Board of County Commission meetings for updates on this matter.
No Board Action Required or Taken
December 14, 2010 10
10.B.2. REQUEST TO SPEAK FROM LINDA HILLMAN ON GOLINE BUS HUB
LOCATION
(Clerk's Note: This item was added to the agenda).
Linda Hillman, 2315 18th Avenue, Original Town, acknowledged the importance of the
bus transportation system, but told Commissioners that the majority of Old Town residents want
the GoLine Hub to be located elsewhere. She explained that the neighbors were worried that
crime and litter would become problematic to the residents, who were diligently working to
preserve the historical character of the small area remaining in Old Town.
Chairman Solari, for informational purposes, wanted to alert Ms. Hillman that the
proposal to bring Amtrak railway service to the County might also pose a challenge to retaining
the character of the Old Town neighborhood.
No Board Action Required or Taken
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
December 14, 2010 11
10.B.2. REQUEST TO SPEAK FROM LINDA HILLMAN ON GOLINE BUS HUB
LOCATION
(Clerk's Note: This item was added to the agenda).
Linda Hillman, 2315 18th Avenue, Original Town, acknowledged the importance of the
bus transportation system, but told Commissioners that the majority of Old Town residents want
the GoLine Hub to be located elsewhere. She explained that the neighbors were worried that
crime and litter would become problematic to the residents, who were diligently working to
preserve the historical character of the small area remaining in Old Town.
Chairman Solari, for informational purposes, wanted to alert Ms. Hillman that the
proposal to bring Amtrak railway service to the County might also pose a challenge to retaining
the character of the Old Town neighborhood.
No Board Action Required or Taken
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
December 14, 2010 11
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
12..1. UTILITIES SERVICES
12.11. AMENDMENT No. 1 TO DEVELOPER'S AGREEMENT BETWEEN INDIAN
RIVER COUNTY, FLORIDA AND ACTS, INC., A PENNSYLVANL4
CORPORATION, W.I.P. No. 47123536-044699-11501
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Davis, the Board unanimously
approved: (1) Amendment No. 1 to the Developer's
Agreement with ACTS, Inc. for Paving 26th Street
Between 74th Avenue and 82nd Avenue; (2) the additional
estimated construction cost of $12,825.00; and (3) the
estimated engineering consulting services cost of
$8,039.00, as recommended in the memorandum of
November 29, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 14, 2010 12
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
12..1. UTILITIES SERVICES
12.11. AMENDMENT No. 1 TO DEVELOPER'S AGREEMENT BETWEEN INDIAN
RIVER COUNTY, FLORIDA AND ACTS, INC., A PENNSYLVANL4
CORPORATION, W.I.P. No. 47123536-044699-11501
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Davis, the Board unanimously
approved: (1) Amendment No. 1 to the Developer's
Agreement with ACTS, Inc. for Paving 26th Street
Between 74th Avenue and 82nd Avenue; (2) the additional
estimated construction cost of $12,825.00; and (3) the
estimated engineering consulting services cost of
$8,039.00, as recommended in the memorandum of
November 29, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 14, 2010 12
13. COUNTY ATTORNEY MATTERS
13.A. REIMBURSEMENT TO DEVELOPER PURSUANT TO PROPOSED SECOND
AMENDMENT TO A GREEMENT FOR CONSTRUCTION OF OFF-SITE
UTILITIES (WOODSIDE TUSCANY/FIELDSTONE RANCH)
County Attorney Alan S. Polackwich, Sr. recapped the memorandum of December 8
2010 to provide background and conditions pertaining to a proposed second amendment to the
original agreement between the County and Woodside Tuscany, LLC, for the installation of a
water line along the north side of 77th Street from the northwest corner of 58th Avenue and 77th
Street to the west property line of Tuscany Lakes Subdivision. He explained that the name of the
original developer was changed from Woodside Tuscany, LLC to Woodside Fieldstone Ranch,
LLC, and that the current developer, GHO Homes Corporation, is the entity entitled to receive
the reimbursement of $115,608.59, which is due on or before January 31St, 2011. He thereafter
recommended that the Board approve the Second Amendment to Agreement between Indian
River County, Florida and GHO Homes Corporation.
Attorney Polackwich, with input from Director of Utilities Erik Olson, addressed the
Commissioners' questions about future developments connecting to the water line, and if the
process whereby developers install the water facilities and receive reimbursement by the County
will remain in effect.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher the Board unanimously approved
and authorized the Chairman to execute the Second
Amendment to Agreement with GHO Homes Corporation,
as recommended in the memorandum of December 8,
2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 14, 2010 13
13. COUNTY ATTORNEY MATTERS
13.A. REIMBURSEMENT TO DEVELOPER PURSUANT TO PROPOSED SECOND
AMENDMENT TO A GREEMENT FOR CONSTRUCTION OF OFF-SITE
UTILITIES (WOODSIDE TUSCANY/FIELDSTONE RANCH)
County Attorney Alan S. Polackwich, Sr. recapped the memorandum of December 8
2010 to provide background and conditions pertaining to a proposed second amendment to the
original agreement between the County and Woodside Tuscany, LLC, for the installation of a
water line along the north side of 77th Street from the northwest corner of 58th Avenue and 77th
Street to the west property line of Tuscany Lakes Subdivision. He explained that the name of the
original developer was changed from Woodside Tuscany, LLC to Woodside Fieldstone Ranch,
LLC, and that the current developer, GHO Homes Corporation, is the entity entitled to receive
the reimbursement of $115,608.59, which is due on or before January 31St, 2011. He thereafter
recommended that the Board approve the Second Amendment to Agreement between Indian
River County, Florida and GHO Homes Corporation.
Attorney Polackwich, with input from Director of Utilities Erik Olson, addressed the
Commissioners' questions about future developments connecting to the water line, and if the
process whereby developers install the water facilities and receive reimbursement by the County
will remain in effect.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher the Board unanimously approved
and authorized the Chairman to execute the Second
Amendment to Agreement with GHO Homes Corporation,
as recommended in the memorandum of December 8,
2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 14, 2010 13
13.B. CITY FIRST MORTGAGE CORPORATION V. INDIAN RIVER COUNTY
REQUEST FOR "SHADE" MEETING UNDER 286.11(8), FLORIDA STATUTES
Attorney Polackwich provided background pertaining to a lawsuit filed against the
County by City First Mortgage Corporation (City First), pertaining to the County's code
enforcement hen on property formerly owned by Lewis Barton on which City First had
foreclosed without knowledge of the lien. He relayed that the lawsuit was dismissed by the
Court, and the Court's decision was appealed by City First to the Fourth District Court of
Appeal. Attorney Polackwich requested that the Board set a closed (Shade) meeting at the
regular Board of County Commission meeting of January 11, 2011, to receive input on what the
County's settlement position might be, and also wanted Board authorization to schedule the
mediation, noting that he would return to the Board for approval of any negotiated settlement
terms.
Discussion ensued, wherein Attorney Polackwich responded to the Board's questions and
comments. Topics included, but were not limited to: the location of City First; whether the
mediation would occur with the Title Company or with City First; the recouping of the County's
legal fees; what would occur if the County wins the appeal and forecloses on the property; the
current amount of the lien ($253,000) and whether this includes interest; the procedure for a
Shade meeting; and whether Lewis Barton or his family retain any claims to the subject property.
Chairman Solari directed Attorney Polackwich to have available at the Shade Meeting the
amount of the lien with and without accumulated interest, and the legal fees thus far incurred,
and anticipated to be incurred.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve staff's
recommendation.
December 14, 2010 14
13.B. CITY FIRST MORTGAGE CORPORATION V. INDIAN RIVER COUNTY
REQUEST FOR "SHADE" MEETING UNDER 286.11(8), FLORIDA STATUTES
Attorney Polackwich provided background pertaining to a lawsuit filed against the
County by City First Mortgage Corporation (City First), pertaining to the County's code
enforcement hen on property formerly owned by Lewis Barton on which City First had
foreclosed without knowledge of the lien. He relayed that the lawsuit was dismissed by the
Court, and the Court's decision was appealed by City First to the Fourth District Court of
Appeal. Attorney Polackwich requested that the Board set a closed (Shade) meeting at the
regular Board of County Commission meeting of January 11, 2011, to receive input on what the
County's settlement position might be, and also wanted Board authorization to schedule the
mediation, noting that he would return to the Board for approval of any negotiated settlement
terms.
Discussion ensued, wherein Attorney Polackwich responded to the Board's questions and
comments. Topics included, but were not limited to: the location of City First; whether the
mediation would occur with the Title Company or with City First; the recouping of the County's
legal fees; what would occur if the County wins the appeal and forecloses on the property; the
current amount of the lien ($253,000) and whether this includes interest; the procedure for a
Shade meeting; and whether Lewis Barton or his family retain any claims to the subject property.
Chairman Solari directed Attorney Polackwich to have available at the Shade Meeting the
amount of the lien with and without accumulated interest, and the legal fees thus far incurred,
and anticipated to be incurred.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve staff's
recommendation.
December 14, 2010 14
Chairman Solari suggested that the Shade meeting be held, and if all goes well, the Board
would authorize Attorney Polackwich to schedule the mediation.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Commissioner Davis, to authorize the
County Attorney, contingent upon the success of the
Shade meeting, to enter into mediation with City First
Mortgage Corporation.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board: (1) scheduled
for January 11, 2011, a closed (Shade) meeting to discuss
settlement negotiations between City First Mortgage
Corporation v. Indian River County, relating to a lien
recorded by the County on property formerly owned by
Lewis Barton; and (2) authorized the County Attorney,
contingent upon the success of the Shade meeting, to enter
into mediation with City First Mortgage Corporation.
13. C. FINAL CONTRACT WITH REPUBLIC SERVICES OF FLORIDA, LIMITED
PARTNERSHIP, D/B/A TREASURE COAST REFUSE ("REPUBLIC SERVICES")
(Clerk's Note: This item was added to the agenda)
Attorney Polackwich recalled that on November 16, 2010, the Board, as the Board of
County Commissioners of the Solid Waste Disposal District, had approved a Contract
Agreement with Republic Services of Florida, Limited Partnership, d/b/a Treasure Coast Refuse
(Republic Services) for the operations of the Class I Landfill and the Customer Convenience
Centers. He said that some changes had subsequently been made to the Sample Contract
December 14, 2010 15
Chairman Solari suggested that the Shade meeting be held, and if all goes well, the Board
would authorize Attorney Polackwich to schedule the mediation.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Commissioner Davis, to authorize the
County Attorney, contingent upon the success of the
Shade meeting, to enter into mediation with City First
Mortgage Corporation.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board: (1) scheduled
for January 11, 2011, a closed (Shade) meeting to discuss
settlement negotiations between City First Mortgage
Corporation v. Indian River County, relating to a lien
recorded by the County on property formerly owned by
Lewis Barton; and (2) authorized the County Attorney,
contingent upon the success of the Shade meeting, to enter
into mediation with City First Mortgage Corporation.
13. C. FINAL CONTRACT WITH REPUBLIC SERVICES OF FLORIDA, LIMITED
PARTNERSHIP, D/B/A TREASURE COAST REFUSE ("REPUBLIC SERVICES")
(Clerk's Note: This item was added to the agenda)
Attorney Polackwich recalled that on November 16, 2010, the Board, as the Board of
County Commissioners of the Solid Waste Disposal District, had approved a Contract
Agreement with Republic Services of Florida, Limited Partnership, d/b/a Treasure Coast Refuse
(Republic Services) for the operations of the Class I Landfill and the Customer Convenience
Centers. He said that some changes had subsequently been made to the Sample Contract
December 14, 2010 15
Agreement, and requested that the Board approve the final Contract Agreement. Attorney
Polackwich outlined some of the changes (see pages 137-140 of the agenda packet) as follows:
Article 1 Scope of Work
Addition of the Customer Convenience Centers
Article 5 — General Provisions
Indemnification Clause — Excluding Republic Services from liabilities, claims,
damages, losses, and expenses directly caused by the County or the Solid Waste
Disposal District
Article 6 — Specifications
Article 7 — Supplemental Specifications
Clarification as to responsibilities for County and Republic Services
Attorney Polackwich confirmed for Commissioner O'Bryan that there would be no
change in service to the Customer Convenience Centers.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Davis, the Board unanimously approved
the final contract between Indian River County Solid
Waste Disposal District and Republic Services of Florida,
Limited Partnership, d/b/a Treasure Coast Refuse
("Republic Services") for Solid Waste Operations and
Maintenance, as recommended in the memorandum of
December 10, 2010.
Commissioner Davis wanted Republic Services to contact the Customer Convenience
Center employees as soon as possible, prior to the upcoming winter holidays.
December 14, 2010 16
Agreement, and requested that the Board approve the final Contract Agreement. Attorney
Polackwich outlined some of the changes (see pages 137-140 of the agenda packet) as follows:
Article 1 Scope of Work
Addition of the Customer Convenience Centers
Article 5 — General Provisions
Indemnification Clause — Excluding Republic Services from liabilities, claims,
damages, losses, and expenses directly caused by the County or the Solid Waste
Disposal District
Article 6 — Specifications
Article 7 — Supplemental Specifications
Clarification as to responsibilities for County and Republic Services
Attorney Polackwich confirmed for Commissioner O'Bryan that there would be no
change in service to the Customer Convenience Centers.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Davis, the Board unanimously approved
the final contract between Indian River County Solid
Waste Disposal District and Republic Services of Florida,
Limited Partnership, d/b/a Treasure Coast Refuse
("Republic Services") for Solid Waste Operations and
Maintenance, as recommended in the memorandum of
December 10, 2010.
Commissioner Davis wanted Republic Services to contact the Customer Convenience
Center employees as soon as possible, prior to the upcoming winter holidays.
December 14, 2010 16
Todd Westover, Division Manager, Republic Services d/b/a Treasure Coast Refuse,
declared that employment offers would be made immediately following the execution of the
Contract Agreement between the County and Republic Services.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER BOB SOLARI, CHAIRMAN -NONE
14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN
14. B.1. DISCUSSION REGARDING A RESOLUTION OF SUPPORT FOR DEPARTMENT
OF COMMUNITY AFFAIRS (DCA)
Vice Chairman Wheeler reported that the State of Florida has considered disbanding the
Department of Community Affairs (DCA), and that Governor -Elect Scott has shown interest in
the possibility. He (Vice Chairman Wheeler) felt it was important to retain DCA, as it provides a
system of checks and balances to oversee future growth and prevent random development, and
requested that the Board authorize the County Attorney to draft a Resolution of Support for
DCA.
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner O'Bryan, to direct the
County Attorney to draft a Resolution of Support for
retention of the Department of Community Affairs (DCA).
Commissioner O'Bryan supported the Resolution of Support noting that the Board is not
asking to create another agency, but rather requesting that DCA be allowed to continue. He
December 14, 2010 17
Todd Westover, Division Manager, Republic Services d/b/a Treasure Coast Refuse,
declared that employment offers would be made immediately following the execution of the
Contract Agreement between the County and Republic Services.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER BOB SOLARI, CHAIRMAN -NONE
14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN
14. B.1. DISCUSSION REGARDING A RESOLUTION OF SUPPORT FOR DEPARTMENT
OF COMMUNITY AFFAIRS (DCA)
Vice Chairman Wheeler reported that the State of Florida has considered disbanding the
Department of Community Affairs (DCA), and that Governor -Elect Scott has shown interest in
the possibility. He (Vice Chairman Wheeler) felt it was important to retain DCA, as it provides a
system of checks and balances to oversee future growth and prevent random development, and
requested that the Board authorize the County Attorney to draft a Resolution of Support for
DCA.
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner O'Bryan, to direct the
County Attorney to draft a Resolution of Support for
retention of the Department of Community Affairs (DCA).
Commissioner O'Bryan supported the Resolution of Support noting that the Board is not
asking to create another agency, but rather requesting that DCA be allowed to continue. He
December 14, 2010 17
echoed Commissioner Wheeler's assertion that DCA provides a good system of checks and
balances.
Chairman Solari presented arguments opposing the Resolution, which included his
disagreement with DCA's directive to include, at this time, an Energy Conservation Map in the
County's Future Land Use Element, and his desire to limit bureaucracy. He pointed out,
however, that his stance was not indicative of a wish to see DCA dismantled.
Commissioners Davis and Flescher, who both opposed the Resolution, asserted that
decisions affecting a local region should be made at the regional, rather than State, level.
Brian Carman, Indian River Neighborhood Association, explained his view that DCA
was indispensable to prevent urban/suburban sprawl.
The Chairman CALLED THE QUESTION, and by a 2-3
vote (Commissioners Flescher, Solari, Davis opposed), the
Motion FAILED. The Board DENIED the request to
direct the County Attorney to draft a Resolution of
Support for the Department of Community Affairs (DCA).
14. C. COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISSIONER JOSEPH E. FLESCHER-NONE
14.E. COMMISSIONER PETER D. O'BRYAN- NONE
15. SPECIAL DISTRICTS AND BOARDS
December 14, 2010 18
echoed Commissioner Wheeler's assertion that DCA provides a good system of checks and
balances.
Chairman Solari presented arguments opposing the Resolution, which included his
disagreement with DCA's directive to include, at this time, an Energy Conservation Map in the
County's Future Land Use Element, and his desire to limit bureaucracy. He pointed out,
however, that his stance was not indicative of a wish to see DCA dismantled.
Commissioners Davis and Flescher, who both opposed the Resolution, asserted that
decisions affecting a local region should be made at the regional, rather than State, level.
Brian Carman, Indian River Neighborhood Association, explained his view that DCA
was indispensable to prevent urban/suburban sprawl.
The Chairman CALLED THE QUESTION, and by a 2-3
vote (Commissioners Flescher, Solari, Davis opposed), the
Motion FAILED. The Board DENIED the request to
direct the County Attorney to draft a Resolution of
Support for the Department of Community Affairs (DCA).
14. C. COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISSIONER JOSEPH E. FLESCHER-NONE
14.E. COMMISSIONER PETER D. O'BRYAN- NONE
15. SPECIAL DISTRICTS AND BOARDS
December 14, 2010 18
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
15. C. ENVIRONMENTAL CONTROL BOARD NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 10:41
a.m.
ATTEST:
eae- tLeatAl
Jeffrey K. Barton, Clerk Bob Solari, Chairman
Minutes Approved: FEB 0 8 2011
BCC/MG/2010Minutes
December 14, 2010 19
15.A. EMERGENCY SERVICES DISTRICT -NONE
15. B. SOLID WASTE DISPOSAL DISTRICT -NONE
15. C. ENVIRONMENTAL CONTROL BOARD -NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 10:41
a.m.
ATTEST:
Jeffrey K. Barton, Clerk Bob Solari, Chairman
Minutes Approved:
BCC/MG/2010Minutes
December 14, 2010
19
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
15. C. ENVIRONMENTAL CONTROL BOARD NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 10:41
a.m.
ATTEST:
eae- tLeatAl
Jeffrey K. Barton, Clerk Bob Solari, Chairman
Minutes Approved: FEB 0 8 2011
BCC/MG/2010Minutes
December 14, 2010 19