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HomeMy WebLinkAbout12/21/2010COUNTY 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 MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 21, 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 Teddy Floyd, Indian River County Sheriff's Office Joseph A. Baird, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Recognizing Management, Inc. of Florida 6. APPROVAL OF MINUTES A. Regular Meeting of October 12, 2010 December 21, 2010 Debbie Perez of Waste 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 MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 21, 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 Teddy Floyd, Indian River County Sheriff's Office Joseph A. Baird, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Recognizing Management, Inc. of Florida 6. APPROVAL OF MINUTES A. Regular Meeting of October 12, 2010 December 21, 2010 Debbie Perez of Waste PAGE 1 Page l of 6 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Notice of Indian River County Mayor's Meeting Hosted by the City of Sebastian PAGE 2 B. Town of Orchid Appointments to County Committees and Regional Boards for 2010-2011 (memorandum dated December 13, 2010) 3-4 C. Resignation of Member -At -Large Appointee to the Economic Development Council (memorandum dated December 14, 2010) 5-6 D. Appointment of District 4 Appointee to the Planning & Zoning Commission (memorandum dated December 14, 2010) 7-10 8. CONSENT AGENDA A. Approval of Warrants and Wires — December 3, 2010 to December 9, 2010 (memorandum dated December 9, 2010) 11-18 B. Authorization to Attend National Conference on Beach Preservation (memorandum dated December 14, 2010) 19-25 C. Miscellaneous Budget Amendment 004 (memorandum dated December 10, 2010) 26-36 D. Final Payment to Schulke, Bittle & Stoddard, LLC, Phase III College Lane WM Extension UCP -4030 (memorandum dated November 30, 2010) 37-40 E. RFQ 2011020 Design Services for Jail Fire Alarm — Shortlist (memorandum dated December 13, 2010) 41-44 F. Request for Release of Retainage and Extension of Professional Services Agreement with Ecological Associates, Inc. (memorandum dated December 8, 2010) 45-48 G. Work Order No. 1 (Engineering) with Dunkelberger Engineering & Testing, Inc., 5th Street SW Bridge Replacement and 43`d Avenue Roadway Improvements, IRC Project No. 0206 — Release of Retainage (memorandum dated December 9, 2010) 49-50 H. Work Order No. 11 (Engineering/Surveying), Masteller, Moler Reed and Taylor, Inc., CR512 Phase IV Roadway Improvements Final Right -of -Way Mapping, Project Final Pay and Release of Retainage (memorandum dated December 9, 2010) 51-52 December 21, 2010 Page 2 of 6 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Notice of Indian River County Mayor's Meeting Hosted by the City of Sebastian PAGE 2 B. Town of Orchid Appointments to County Committees and Regional Boards for 2010-2011 (memorandum dated December 13, 2010) 3-4 C. Resignation of Member -At -Large Appointee to the Economic Development Council (memorandum dated December 14, 2010) 5-6 D. Appointment of District 4 Appointee to the Planning & Zoning Commission (memorandum dated December 14, 2010) 7-10 8. CONSENT AGENDA A. Approval of Warrants and Wires — December 3, 2010 to December 9, 2010 (memorandum dated December 9, 2010) 11-18 B. Authorization to Attend National Conference on Beach Preservation (memorandum dated December 14, 2010) 19-25 C. Miscellaneous Budget Amendment 004 (memorandum dated December 10, 2010) 26-36 D. Final Payment to Schulke, Bittle & Stoddard, LLC, Phase III College Lane WM Extension UCP -4030 (memorandum dated November 30, 2010) 37-40 E. RFQ 2011020 Design Services for Jail Fire Alarm — Shortlist (memorandum dated December 13, 2010) 41-44 F. Request for Release of Retainage and Extension of Professional Services Agreement with Ecological Associates, Inc. (memorandum dated December 8, 2010) 45-48 G. Work Order No. 1 (Engineering) with Dunkelberger Engineering & Testing, Inc., 5th Street SW Bridge Replacement and 43`d Avenue Roadway Improvements, IRC Project No. 0206 — Release of Retainage (memorandum dated December 9, 2010) 49-50 H. Work Order No. 11 (Engineering/Surveying), Masteller, Moler Reed and Taylor, Inc., CR512 Phase IV Roadway Improvements Final Right -of -Way Mapping, Project Final Pay and Release of Retainage (memorandum dated December 9, 2010) 51-52 December 21, 2010 Page 2 of 6 8. CONSENT AGENDA PAGE I. Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees etc.) (memorandum dated December 13, 2010) 53-54 J. Declare Excess Equipment Surplus for Sale or Disposal (memorandum dated December 14, 2010) 55-59 K. Final Payment, Oyster Colonization Pilot Program at Spoonbill March Facility (memorandum dated December 8, 2010) 60-62 L. Approval of Lease Renewals for Tenants at Donald MacDonald Park, Gifford Park, and the Indian River County Fairgrounds (memorandum dated December 15, 2010) 63-89 M. Egret Marsh Regional Stormwater Park — Approval of Purchase Order with Sustainable Engineering & Design, L L C. for Project Record Drawings (memorandum dated December 14, 2010) 90-104 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing for January 11, 2011: Pointe West of Vero Beach, Ltd 's Request to Modify the Approved Planned Development (PD) Conceptual Plan for the Pointe West School Site (Tract M) (memorandum dated December 13, 2010) Legislative 11. COUNTY ADMINISTRATOR MATTERS None December 21, 2010 105 Page 3 of 6 8. CONSENT AGENDA PAGE I. Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees etc.) (memorandum dated December 13, 2010) 53-54 J. Declare Excess Equipment Surplus for Sale or Disposal (memorandum dated December 14, 2010) 55-59 K. Final Payment, Oyster Colonization Pilot Program at Spoonbill March Facility (memorandum dated December 8, 2010) 60-62 L. Approval of Lease Renewals for Tenants at Donald MacDonald Park, Gifford Park, and the Indian River County Fairgrounds (memorandum dated December 15, 2010) 63-89 M. Egret Marsh Regional Stormwater Park — Approval of Purchase Order with Sustainable Engineering & Design, L L C. for Project Record Drawings (memorandum dated December 14, 2010) 90-104 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing for January 11, 2011: Pointe West of Vero Beach, Ltd 's Request to Modify the Approved Planned Development (PD) Conceptual Plan for the Pointe West School Site (Tract M) (memorandum dated December 13, 2010) Legislative 11. COUNTY ADMINISTRATOR MATTERS None December 21, 2010 105 Page 3 of 6 12. DEPARTMENTAL MATTERS PAGE A. Community Development 1. Request to Review the Neighborhood Stabilization Program Community Development Block Grant Home Purchase Group #1 Applicant List for Conflict of Interest (memorandum dated December 9, 2010) 106-110 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 1. Implementation of Florida League of Cities 457 Deferred Compensation Plan (memorandum dated December 15, 2010) H. 111-120 Recreation None I. Public Works None J. December 21, 2010 Utilities Services 1. Upgrade and Automation of the Reuse Distribution System — UCP 4065 (memorandum dated December 1, 2010) 121-122 Page 4 of 6 12. DEPARTMENTAL MATTERS PAGE A. Community Development 1. Request to Review the Neighborhood Stabilization Program Community Development Block Grant Home Purchase Group #1 Applicant List for Conflict of Interest (memorandum dated December 9, 2010) 106-110 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 1. Implementation of Florida League of Cities 457 Deferred Compensation Plan (memorandum dated December 15, 2010) H. 111-120 Recreation None I. Public Works None J. December 21, 2010 Utilities Services 1. Upgrade and Automation of the Reuse Distribution System — UCP 4065 (memorandum dated December 1, 2010) 121-122 Page 4 of 6 13. COUNTY ATTORNEY MATTERS A. Approval of Mediation Agreement for Parcel 134 owned by The Abazis Family, 6800 57th Street, Vero Beach (memorandum dated December 13, 2010) PAGE 123-129 B. Exchange of Dodgertown Properties with City of Vero Beach (memorandum dated December 14, 2010) 130-187 14. COMMISSIONERS ITEMS A. Commissioner Bob Solari, Chairman None B. Commissioner Gary C, Wheeler, Vice Chairman None 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 1. Temporary Equipment Lease with Republic Services (memorandum dated December 14, 2010) C. 188-194 Environmental Control Board None 16. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon December 21, 2010 Page 5 of 6 13. COUNTY ATTORNEY MATTERS A. Approval of Mediation Agreement for Parcel 134 owned by The Abazis Family, 6800 57th Street, Vero Beach (memorandum dated December 13, 2010) PAGE 123-129 B. Exchange of Dodgertown Properties with City of Vero Beach (memorandum dated December 14, 2010) 130-187 14. COMMISSIONERS ITEMS A. Commissioner Bob Solari, Chairman None B. Commissioner Gary C, Wheeler, Vice Chairman None 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 1. Temporary Equipment Lease with Republic Services (memorandum dated December 14, 2010) C. 188-194 Environmental Control Board None 16. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon December 21, 2010 Page 5 of 6 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 21, 2010 Page 6 of 6 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 21, 2010 Page 6 of 6 JEFFREY K. BARTON Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS DECEMBER 21, 2010 1 CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 MOVED: ITEM 13.B. "EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO BEACH" TO FOLLOW ITEM 15.B.1. TEMPORARY EQUIPMENT LEASE WITH REPUBLIC SERVICES 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION OF PROCLAMATION RECOGNIZING DEBBIE PEREZ OF WASTE MANAGEMENT, INC. OF FLORIDA 2 6. APPROVAL OF MINUTES 2 6.A. REGULAR MEETING OF OCTOBER 12, 2010 2 1 December 21, 2010 JEFFREY K. BARTON Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS DECEMBER 21, 2010 1 CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 MOVED: ITEM 13.B. "EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO BEACH" TO FOLLOW ITEM 15.B.1. TEMPORARY EQUIPMENT LEASE WITH REPUBLIC SERVICES 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION OF PROCLAMATION RECOGNIZING DEBBIE PEREZ OF WASTE MANAGEMENT, INC. OF FLORIDA 2 6. APPROVAL OF MINUTES 2 6.A. REGULAR MEETING OF OCTOBER 12, 2010 2 1 December 21, 2010 7 INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 3 7.A. NOTICE OF INDIAN RIVER COUNTY MAYOR'S MEETING HOSTED BY THE CITY OF SEBASTIAN 3 7.B. TOWN OF ORCHID APPOINTMENTS TO COUNTY COMMITTEES AND REGIONAL BOARDS FOR 2010-2011 3 7.C. RESIGNATION OF MEMBER -AT -LARGE APPOINTEE TO THE ECONOMIC DEVELOPMENT COUNCIL 4 7.D. APPOINTMENT OF DISTRICT 4 APPOINTEE TO THE PLANNING & ZONING COMMISSION 4 8. CONSENT AGENDA 4 8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 3, 2010 TO DECEMBER 9, 2010 5 8.B. AUTHORIZATION TO ATTEND NATIONAL CONFERENCE ON BEACH PRESERVATION 5 8.C. MISCELLANEOUS BUDGET AMENDMENT 004 5 8.D. FINAL PAYMENT TO SCHULKE, BITTLE & STODDARD, LLC, PHASE III COLLEGE LANE WM EXTENSION UCP -4030 6 8.E. RFQ 2011020 DESIGN SERVICES FOR JAIL FIRE ALARM - SHORTLIST 6 8.F. REQUEST FOR RELEASE OF RETAINAGE AND EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH ECOLOGICAL ASSOCIATES, INC. 7 8.G. WORK ORDER NO. 1 (ENGINEERING) WITH DUNKELBERGER ENGINEERING & TESTING, INC., 5TH STREET SW BRIDGE REPLACEMENT AND 43RD AVENUE ROADWAY IMPROVEMENTS, IRC PROJECT NO. 0206 — RELEASE OF RETAINAGE 8 8.H. WORK ORDER No. 11 (ENGINEERING/SURVEYING), MASTELLER, MOLER REED AND TAYLOR, INC., CR512 PHASE IV ROADWAY IMPROVEMENTS FINAL RIGHT- OF-WAY MAPPING, PROJECT FINAL PAY AND RELEASE OF RETAINAGE 8 8.I. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION PAVING, UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.) 9 8.J. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL 9 8.K. FINAL PAYMENT, OYSTER COLONIZATION PILOT PROGRAM AT SPOONBILL MARCII MARSH FACILITY 10 2 December 21, 2010 7 INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 3 7.A. NOTICE OF INDIAN RIVER COUNTY MAYOR'S MEETING HOSTED BY THE CITY OF SEBASTIAN 3 7.B. TOWN OF ORCHID APPOINTMENTS TO COUNTY COMMITTEES AND REGIONAL BOARDS FOR 2010-2011 3 7.C. RESIGNATION OF MEMBER -AT -LARGE APPOINTEE TO THE ECONOMIC DEVELOPMENT COUNCIL 4 7.D. APPOINTMENT OF DISTRICT 4 APPOINTEE TO THE PLANNING & ZONING COMMISSION 4 8. CONSENT AGENDA 4 8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 3, 2010 TO DECEMBER 9, 2010 5 8.B. AUTHORIZATION TO ATTEND NATIONAL CONFERENCE ON BEACH PRESERVATION 5 8.C. MISCELLANEOUS BUDGET AMENDMENT 004 5 8.D. FINAL PAYMENT TO SCHULKE, BITTLE & STODDARD, LLC, PHASE III COLLEGE LANE WM EXTENSION UCP -4030 6 8.E. RFQ 2011020 DESIGN SERVICES FOR JAIL FIRE ALARM - SHORTLIST 6 8.F. REQUEST FOR RELEASE OF RETAINAGE AND EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH ECOLOGICAL ASSOCIATES, INC. 7 8.G. WORK ORDER NO. 1 (ENGINEERING) WITH DUNKELBERGER ENGINEERING & TESTING, INC., 5TH STREET SW BRIDGE REPLACEMENT AND 43RD AVENUE ROADWAY IMPROVEMENTS, IRC PROJECT NO. 0206 — RELEASE OF RETAINAGE 8 8.H. WORK ORDER No. 11 (ENGINEERING/SURVEYING), MASTELLER, MOLER REED AND TAYLOR, INC., CR512 PHASE IV ROADWAY IMPROVEMENTS FINAL RIGHT- OF-WAY MAPPING, PROJECT FINAL PAY AND RELEASE OF RETAINAGE 8 8.I. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION PAVING, UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.) 9 8.J. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL 9 8.K. FINAL PAYMENT, OYSTER COLONIZATION PILOT PROGRAM AT SPOONBILL MARCII MARSH FACILITY 10 2 December 21, 2010 8.L. APPROVAL OF LEASE RENEWALS FOR TENANTS AT DONALD MACDONALD PARK, GIFFORD PARK, AND THE INDIAN RIVER COUNTY FAIRGROUNDS 10 8.M. EGRET MARSH REGIONAL STORMWATER PARK - APPROVAL OF PURCHASE ORDER WITH SUSTAINABLE ENGINEERING & DESIGN, L L C FOR PROJECT RECORD DRAWINGS 11 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 11 10. PUBLIC ITEMS 11 10.A. PUBLIC HEARING(S) - NONE 11 10.B. PUBLIC DISCUSSION ITEMS —NONE 11 10.C. PUBLIC NOTICE ITEMS 12 10.0.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR JANUARY 1 1, 2011: POINTE WEST OF VERO BEACH, LTD.'S REQUEST TO MODIFY THE APPROVED PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN FOR THE POINTE WEST SCHOOL SITE (TRACT M) (LEGISLATIVE) 12 11. COUNTY ADMINISTRATOR MATTERS - NONE 12 12. DEPARTMENTAL MATTERS 12 12.A. COMMUNITY DEVELOPMENT 12 12.A.1. REQUEST TO REVIEW THE NEIGHBORHOOD STABILIZATION PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT HOME PURCHASE GROUP #1 APPLICANT LIST FOR CONFLICT OF INTEREST 12 12.B. EMERGENCY SERVICES - NONE 13 12.C. GENERAL SERVICES - NONE 13 12.D. HUMAN RESOURCES - NONE 13 12.E. HUMAN SERVICES - NONE 13 12.F. LEISURE SERVICES - NONE 13 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 13 12.G.1. IMPLEMENTATION OF FLORIDA LEAGUE OF CITIES 457 DEFERRED COMPENSATION PLAN 13 3 December 21, 2010 8.L. APPROVAL OF LEASE RENEWALS FOR TENANTS AT DONALD MACDONALD PARK, GIFFORD PARK, AND THE INDIAN RIVER COUNTY FAIRGROUNDS 10 8.M. EGRET MARSH REGIONAL STORMWATER PARK - APPROVAL OF PURCHASE ORDER WITH SUSTAINABLE ENGINEERING & DESIGN, L L C FOR PROJECT RECORD DRAWINGS 11 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 11 10. PUBLIC ITEMS 11 10.A. PUBLIC HEARING(S) - NONE 11 10.B. PUBLIC DISCUSSION ITEMS —NONE 11 10.C. PUBLIC NOTICE ITEMS 12 10.0.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR JANUARY 1 1, 2011: POINTE WEST OF VERO BEACH, LTD.'S REQUEST TO MODIFY THE APPROVED PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN FOR THE POINTE WEST SCHOOL SITE (TRACT M) (LEGISLATIVE) 12 11. COUNTY ADMINISTRATOR MATTERS - NONE 12 12. DEPARTMENTAL MATTERS 12 12.A. COMMUNITY DEVELOPMENT 12 12.A.1. REQUEST TO REVIEW THE NEIGHBORHOOD STABILIZATION PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT HOME PURCHASE GROUP #1 APPLICANT LIST FOR CONFLICT OF INTEREST 12 12.B. EMERGENCY SERVICES - NONE 13 12.C. GENERAL SERVICES - NONE 13 12.D. HUMAN RESOURCES - NONE 13 12.E. HUMAN SERVICES - NONE 13 12.F. LEISURE SERVICES - NONE 13 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 13 12.G.1. IMPLEMENTATION OF FLORIDA LEAGUE OF CITIES 457 DEFERRED COMPENSATION PLAN 13 3 December 21, 2010 12.H. RECREATION - NONE 14 12.I. PUBLIC WORKS - NONE 14 12.J. UTILITIES SERVICES 14 12.J.1. UPGRADE AND AUTOMATION OF THE REUSE DISTRIBUTION SYSTEM - UCP 4065 14 13. COUNTY ATTORNEY MATTERS 15 13.A. APPROVAL OF MEDIATION AGREEMENT FOR PARCEL 134 OWNED BY THE ABAZIS FAMILY, 6800 57T" STREET, VERO BEACH 15 13.B. EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO BEACH 17 14. COMMISSIONER ITEMS 21 14.A. COMMISSIONER BOB SOLARI, CHAIRMAN - NONE 21 14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE 22 14.C. COMMISSIONER WESLEY S. DAVIS - NONE 22 14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 22 14.E. COMMISSIONER PETER D. O'BRYAN - NONE 22 15. SPECIAL DISTRICTS AND BOARDS 22 15.A. EMERGENCY SERVICES DISTRICT - NONE 22 15.B. SOLID WASTE DISPOSAL DISTRICT 22 15.B.1. TEMPORARY EQUIPMENT LEASE WITH REPUBLIC SERVICES 22 15.C. ENVIRONMENTAL CONTROL BOARD - NONE 22 16. ADJOURNMENT 22 4 December 21, 2010 12.H. RECREATION - NONE 14 12.I. PUBLIC WORKS - NONE 14 12.J. UTILITIES SERVICES 14 12.J.1. UPGRADE AND AUTOMATION OF THE REUSE DISTRIBUTION SYSTEM - UCP 4065 14 13. COUNTY ATTORNEY MATTERS 15 13.A. APPROVAL OF MEDIATION AGREEMENT FOR PARCEL 134 OWNED BY THE ABAZIS FAMILY, 6800 57T" STREET, VERO BEACH 15 13.B. EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO BEACH 17 14. COMMISSIONER ITEMS 21 14.A. COMMISSIONER BOB SOLARI, CHAIRMAN - NONE 21 14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE 22 14.C. COMMISSIONER WESLEY S. DAVIS - NONE 22 14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 22 14.E. COMMISSIONER PETER D. O'BRYAN - NONE 22 15. SPECIAL DISTRICTS AND BOARDS 22 15.A. EMERGENCY SERVICES DISTRICT - NONE 22 15.B. SOLID WASTE DISPOSAL DISTRICT 22 15.B.1. TEMPORARY EQUIPMENT LEASE WITH REPUBLIC SERVICES 22 15.C. ENVIRONMENTAL CONTROL BOARD - NONE 22 16. ADJOURNMENT 22 4 December 21, 2010 JEFFREY K. BARTON Clerk to the Board December 21, 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 21, 2010. Present were Chairman Bob Solari, Vice Chairman Gary C. Wheeler, 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 Leona Adair Allen. 1. CALL TO ORDER Chairman Solan called the meeting to order at 9:00 a.m. 2. INVOCATION Teddy Floyd, Indian River County Sheriff's Office, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE County Administrator Baird led the Pledge of Allegiance to the Flag. 1 December 21, 2010 JEFFREY K. BARTON Clerk to the Board December 21, 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 21, 2010. Present were Chairman Bob Solari, Vice Chairman Gary C. Wheeler, 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 Leona Adair Allen. 1. CALL TO ORDER Chairman Solan called the meeting to order at 9:00 a.m. 2. INVOCATION Teddy Floyd, Indian River County Sheriff's Office, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE County Administrator Baird led the Pledge of Allegiance to the Flag. 1 December 21, 2010 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS MOVED: ITEM 13.B. "EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO BEACH" TO FOLLOW ITEM /5.B.1. TEMPORARY EQUIPMENT LEASE WITH REPUBLIC SERVICES ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PRESENTATION OF PROCLAMATION RECOGNIZING DEBBIE PEREZ OF WASTE MANAGEMENT, INC. OF FLORIDA Commissioner Davis read and presented the Proclamation to Debbie Perez of Waste Management, Inc of Florida. Managing Director Himanshu Mehta, Solid Waste Disposal District, expressed his appreciation to Ms. Perez for her invaluable expertise and excellent job performance. 6. APPROVAL OF MINUTES 6.A. REGULAR MEETING OF OCTOBER 12, 2010 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of October 12, 2010. There were none. 2 December 21, 2010 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS MOVED: ITEM 13.B. "EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO BEACH" TO FOLLOW ITEM /5.B.1. TEMPORARY EQUIPMENT LEASE WITH REPUBLIC SERVICES ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PRESENTATION OF PROCLAMATION RECOGNIZING DEBBIE PEREZ OF WASTE MANAGEMENT, INC. OF FLORIDA Commissioner Davis read and presented the Proclamation to Debbie Perez of Waste Management, Inc of Florida. Managing Director Himanshu Mehta, Solid Waste Disposal District, expressed his appreciation to Ms. Perez for her invaluable expertise and excellent job performance. 6. APPROVAL OF MINUTES 6.A. REGULAR MEETING OF OCTOBER 12, 2010 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of October 12, 2010. There were none. 2 December 21, 2010 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Minutes of the Regular Meeting of October 12, 2010, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. NOTICE OF INDIAN RIVER COUNTY MAYOR'S MEETING HOSTED BY THE CITY OF SEBASTIAN Noted for the record was the meeting where Mayors of five municipalities in Indian River County will conduct a meeting on Monday January 10, 2011, in the Sebastian City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, beginning at 9:00 a.m. 7.B. TOWN OF ORCHID APPOINTMENTS TO COUNTY COMMITTEES AND REGIONAL BOARDS FOR 2010-2011 Noted for the record was the list of newly appointed Council members and appointments from the Town of Orchid to County Committees and Regional Boards (page 4 of the Agenda Packet). (Council members: Hams Webber, Richard Dunlop, Deb Branwell, and Francis "Bud" Oatway). 3 December 21, 2010 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Minutes of the Regular Meeting of October 12, 2010, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. NOTICE OF INDIAN RIVER COUNTY MAYOR'S MEETING HOSTED BY THE CITY OF SEBASTIAN Noted for the record was the meeting where Mayors of five municipalities in Indian River County will conduct a meeting on Monday January 10, 2011, in the Sebastian City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, beginning at 9:00 a.m. 7.B. TOWN OF ORCHID APPOINTMENTS TO COUNTY COMMITTEES AND REGIONAL BOARDS FOR 2010-2011 Noted for the record was the list of newly appointed Council members and appointments from the Town of Orchid to County Committees and Regional Boards (page 4 of the Agenda Packet). (Council members: Hams Webber, Richard Dunlop, Deb Branwell, and Francis "Bud" Oatway). 3 December 21, 2010 7.C. RESIGNATION OF MEMBER -AT -LARGE APPOINTEE TO THE ECONOMIC DEVELOPMENT COUNCIL Noted for the record was the resignation of Andrew Kennedy, Member -at -Large Appointee from the Economic Development Council effective immediately. His term would have expired on December 31, 2010. 7.D. APPOINTMENT OF DISTRICT 4 APPOINTEE TO THE PLANNING & ZONING COMMISSION Noted for the record was the appointment of Jonathan Day as the District 4 Appointee to the Planning and Zoning Commission. He will replace Greg Smith, and his term will expire in 2012. 8. CONSENT AGENDA Vice Chairman Wheeler requested to pull Item 8.E. from the Consent Agenda for discussion. ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the Consent Agenda, as amended. 4 December 21, 2010 7.C. RESIGNATION OF MEMBER -AT -LARGE APPOINTEE TO THE ECONOMIC DEVELOPMENT COUNCIL Noted for the record was the resignation of Andrew Kennedy, Member -at -Large Appointee from the Economic Development Council effective immediately. His term would have expired on December 31, 2010. 7.D. APPOINTMENT OF DISTRICT 4 APPOINTEE TO THE PLANNING & ZONING COMMISSION Noted for the record was the appointment of Jonathan Day as the District 4 Appointee to the Planning and Zoning Commission. He will replace Greg Smith, and his term will expire in 2012. 8. CONSENT AGENDA Vice Chairman Wheeler requested to pull Item 8.E. from the Consent Agenda for discussion. ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the Consent Agenda, as amended. 4 December 21, 2010 8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 3, 2010 TO DECEMBER 9, 2010 ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of December 3, 2010 to December 9, 2010, as requested in the memorandum of December 9, 2010. 8.8. AUTHORIZATION TO ATTEND NATIONAL CONFERENCE ON BEACH PRESERVATION ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved out of County travel for Commissioners and staff to attend the 24th Annual National Conference on Beach Preservation Technology in Jacksonville, Florida, from Wednesday, February 9, 2011 through Friday, February 11, 2011, as requested in the memorandum of December 14, 2010. 8.C. MISCELLANEOUS BUDGET AMENDMENT 004 ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Resolution 2010-124, amending the fiscal year 2010-2011 Budget. 5 December 21, 2010 8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 3, 2010 TO DECEMBER 9, 2010 ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of December 3, 2010 to December 9, 2010, as requested in the memorandum of December 9, 2010. 8.8. AUTHORIZATION TO ATTEND NATIONAL CONFERENCE ON BEACH PRESERVATION ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved out of County travel for Commissioners and staff to attend the 24th Annual National Conference on Beach Preservation Technology in Jacksonville, Florida, from Wednesday, February 9, 2011 through Friday, February 11, 2011, as requested in the memorandum of December 14, 2010. 8.C. MISCELLANEOUS BUDGET AMENDMENT 004 ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Resolution 2010-124, amending the fiscal year 2010-2011 Budget. 5 December 21, 2010 8.D. FINAL PAYMENT TO SCHULKE, BITTLE & STODDARD, LLC, PHASE III COLLEGE LANE WMEXTENSION UCP -4030 ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved final payment to Schulke, Bittle and Stoddard, LLC, for design and construction services, in the amount of $250.00, and authorized the Chairman to execute same, as recommended in the memorandum of November 30, 2010. 8.E. RFO 2011020 DESIGN SERVICES FOR JAIL FIRE ALARM - SHORTLIST Vice Chairman Wheeler wanted to know if staff had considered the Inmate Welfare fund or the ability to use impact fees for the replacement of the existing fire alarm at the jail. Administrator Baird stated that impact fees could be used if this replacement were considered part of the building expansion. He said he would review the funds and bring the information back to the Board in January if there are changes, and if not, he would supply a report. Sheriff Deryl Loar expressed that impact fees are for the expansion of capital projects, not for the repair/replacement of a faulty fire system (in the jail). He did not feel that Inmate Welfare funds should be used to make improvements to the fire alarm system since those dollars, by Statute, are to be used for the betterment of the inmates. 6 December 21, 2010 8.D. FINAL PAYMENT TO SCHULKE, BITTLE & STODDARD, LLC, PHASE III COLLEGE LANE WMEXTENSION UCP -4030 ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved final payment to Schulke, Bittle and Stoddard, LLC, for design and construction services, in the amount of $250.00, and authorized the Chairman to execute same, as recommended in the memorandum of November 30, 2010. 8.E. RFO 2011020 DESIGN SERVICES FOR JAIL FIRE ALARM - SHORTLIST Vice Chairman Wheeler wanted to know if staff had considered the Inmate Welfare fund or the ability to use impact fees for the replacement of the existing fire alarm at the jail. Administrator Baird stated that impact fees could be used if this replacement were considered part of the building expansion. He said he would review the funds and bring the information back to the Board in January if there are changes, and if not, he would supply a report. Sheriff Deryl Loar expressed that impact fees are for the expansion of capital projects, not for the repair/replacement of a faulty fire system (in the jail). He did not feel that Inmate Welfare funds should be used to make improvements to the fire alarm system since those dollars, by Statute, are to be used for the betterment of the inmates. 6 December 21, 2010 ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved the Shortlist for Design Services, and for staff to develop a scope of services and proposed contract with Hughes Associates, Inc. for future approval by the Board of County Commissioners, as recommended in the memorandum of December 13, 2010. 8.F. REQUEST FOR RELEASE OF RETAINAGE AND EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH ECOLOGICAL ASSOCIATES, INC. ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved payment of retainage to Ecological Associates, Inc. in the amount of $1,470.33, and retroactively extending the contract through December 2010 and closing it. Future work supporting the Habitat Conservation Plan (HCP) may be necessary but it would fall under a new contract, all as recommended in the memorandum of December 8, 2010. 7 December 21, 2010 ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved the Shortlist for Design Services, and for staff to develop a scope of services and proposed contract with Hughes Associates, Inc. for future approval by the Board of County Commissioners, as recommended in the memorandum of December 13, 2010. 8.F. REQUEST FOR RELEASE OF RETAINAGE AND EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH ECOLOGICAL ASSOCIATES, INC. ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved payment of retainage to Ecological Associates, Inc. in the amount of $1,470.33, and retroactively extending the contract through December 2010 and closing it. Future work supporting the Habitat Conservation Plan (HCP) may be necessary but it would fall under a new contract, all as recommended in the memorandum of December 8, 2010. 7 December 21, 2010 8.G. WORK ORDER No. 1 (ENGINEERING) WITH DUNKELBERGER ENGINEERING & TESTING, INC., STH STREET SW BRIDGE REPLACEMENT AND 43RD AVENUE ROADWAY IMPROVEMENTS, IRC PROJECT No. 0206 - RELEASE OF RETAINAGE ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved payment to Dunkelberger Engineering and Testing, Inc. for their Request for Release of Retainage dated December 7, 2010, in the amount of $1,668.15, as recommended in the memorandum of December 9, 2010. 8.H. Won( ORDER No. 11 (ENGINEERING/SURVEYING), MASTELLER, MOLER, REED AND TAYLOR, INC., CR512 PHASE IV ROADWAY IMPROVEMENTS FINAL RIGHT-OF-WAY MAPPING, PROJECT FINAL PAY AND RELEASE OF RETAINAGE ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved payment to Masteller, Moler, Reed and Taylor, Inc. for Invoice No. 2859-9361, dated November 30, 2010, in the amount of $3,760.50, for professional services, as recommended in the memorandum of December 9, 2010. 8 December 21, 2010 8.G. WORK ORDER No. 1 (ENGINEERING) WITH DUNKELBERGER ENGINEERING & TESTING, INC., STH STREET SW BRIDGE REPLACEMENT AND 43RD AVENUE ROADWAY IMPROVEMENTS, IRC PROJECT No. 0206 - RELEASE OF RETAINAGE ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved payment to Dunkelberger Engineering and Testing, Inc. for their Request for Release of Retainage dated December 7, 2010, in the amount of $1,668.15, as recommended in the memorandum of December 9, 2010. 8.H. Won( ORDER No. 11 (ENGINEERING/SURVEYING), MASTELLER, MOLER, REED AND TAYLOR, INC., CR512 PHASE IV ROADWAY IMPROVEMENTS FINAL RIGHT-OF-WAY MAPPING, PROJECT FINAL PAY AND RELEASE OF RETAINAGE ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved payment to Masteller, Moler, Reed and Taylor, Inc. for Invoice No. 2859-9361, dated November 30, 2010, in the amount of $3,760.50, for professional services, as recommended in the memorandum of December 9, 2010. 8 December 21, 2010 8.I. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION PAVING, UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.) ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the fixed interest rate of 5.75%, which will remain in effect for calendar year 2011 for all County financing with the exception of projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate, as recommended in the memorandum of December 13, 2010. 8.J. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously: (1) approved the Excess Equipment List items as surplus and authorized its sale and/or proper disposal; and (2) authorized the excess equipment to be delivered to the Indian River County Solid Waste Disposal District Landfill to be sold at a public auction on January 26, 2011, at 10:00 a.m., as recommended in the memorandum of December 14, 2010. 9 December 21, 2010 8.I. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION PAVING, UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.) ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the fixed interest rate of 5.75%, which will remain in effect for calendar year 2011 for all County financing with the exception of projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate, as recommended in the memorandum of December 13, 2010. 8.J. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously: (1) approved the Excess Equipment List items as surplus and authorized its sale and/or proper disposal; and (2) authorized the excess equipment to be delivered to the Indian River County Solid Waste Disposal District Landfill to be sold at a public auction on January 26, 2011, at 10:00 a.m., as recommended in the memorandum of December 14, 2010. 9 December 21, 2010 8.K. FINAL PAYMENT, OYSTER COLONIZATION PILOT PROGRAM AT SPOONBILL MARCH MARSH FACILITY ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the final payment to Sembler and Sembler, Inc. for the Oyster Colonization Pilot Program, in the amount of $13,964.00, as recommended in the memorandum of December 8, 2010. B.L. APPROVAL OF LEASE RENEWALS FOR TENANTS AT DONALD MACDONALD PARK, GIFFORD PARK, AND THE INDIAN RIVER COUNTY FAIRGROUNDS ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved and authorized the Chairman to execute the three Lease Extensions for: at the Security House at Gifford Park; for Roberta Barker, FNA Roberta Hall, at Donald MacDonald Park; and for Adetayo Adelakun at the Indian River County Fairgrounds, all as recommended in the memorandum of December 15, 2010. DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10 December 21, 2010 8.K. FINAL PAYMENT, OYSTER COLONIZATION PILOT PROGRAM AT SPOONBILL MARCH MARSH FACILITY ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the final payment to Sembler and Sembler, Inc. for the Oyster Colonization Pilot Program, in the amount of $13,964.00, as recommended in the memorandum of December 8, 2010. B.L. APPROVAL OF LEASE RENEWALS FOR TENANTS AT DONALD MACDONALD PARK, GIFFORD PARK, AND THE INDIAN RIVER COUNTY FAIRGROUNDS ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved and authorized the Chairman to execute the three Lease Extensions for: Teddy Floyd at the Security House at Gifford Park; for Roberta Barker, FNA Roberta Hall, at Donald MacDonald Park; and for Adetayo Adelakun at the Indian River County Fairgrounds, all as recommended in the memorandum of December 15, 2010. DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10 December 21, 2010 8.M. EGRET MARSH REGIONAL STORMWATER PARK - APPROVAL OF PURCHASE ORDER WITH SUSTAINABLE ENGINEERING & DESIGN, L.L.C. FOR PROJECT RECORD DRAWINGS ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously authorized staff to issue a purchase order in the amount of $19,850 to Sustainable Engineering and Design, L L C., for preparation of project record drawings for Egret Marsh Regional Stormwater Park, as recommended in the memorandum of December 14, 2010. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLIC HEARING(S) - NONE 10.B. PUBLIC DISCUSSION ITEMS -NONE 11 December 21, 2010 8.M. EGRET MARSH REGIONAL STORMWATER PARK - APPROVAL OF PURCHASE ORDER WITH SUSTAINABLE ENGINEERING & DESIGN, L.L.C. FOR PROJECT RECORD DRAWINGS ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board unanimously authorized staff to issue a purchase order in the amount of $19,850 to Sustainable Engineering and Design, L L C., for preparation of project record drawings for Egret Marsh Regional Stormwater Park, as recommended in the memorandum of December 14, 2010. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLIC HEARING(S) - NONE 10.B. PUBLIC DISCUSSION ITEMS -NONE 11 December 21, 2010 10. C. PUBLIC NOTICE ITEMS 10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR JANUARY 11, 2011: POINTE WEST OF VERO BEACH, LTD.'S REQUEST TO MODIFY THE APPROVED PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN FOR THE POINTE WEST SCHOOL SITE (TRACT M) (LEGISLATIVE) County Attorney Alan S. Polackwich, Sr. read the above notice into the record. 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT 12.A.1. REQUEST TO REVIEW THE NEIGHBORHOOD STABILIZATION PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT HOME PURCHASE GROUP #1 APPLICANT LIST FOR CONFLICT OF INTEREST Community Development Director Robert Keating reviewed the memorandum dated December 9, 2010. He provided description, conditions, and analysis of the Neighborhood Stabilization Program (NSP), status of the homes acquired and rehabilitated, and requested the Board review the home purchase program applicant list on page 109 of the Agenda Packet to identify any potential conflicts of interest. In response to Chairman Solari, Director Keating identified what constituted a conflict of interest with the perspective buyers. Each Commissioner acknowledged they had no known conflict of interest. 12 December 21, 2010 10. C. PUBLIC NOTICE ITEMS 10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR JANUARY 11, 2011: POINTE WEST OF VERO BEACH, LTD.'S REQUEST TO MODIFY THE APPROVED PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN FOR THE POINTE WEST SCHOOL SITE (TRACT M) (LEGISLATIVE) County Attorney Alan S. Polackwich, Sr. read the above notice into the record. 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT 12.A.1. REQUEST TO REVIEW THE NEIGHBORHOOD STABILIZATION PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT HOME PURCHASE GROUP #1 APPLICANT LIST FOR CONFLICT OF INTEREST Community Development Director Robert Keating reviewed the memorandum dated December 9, 2010. He provided description, conditions, and analysis of the Neighborhood Stabilization Program (NSP), status of the homes acquired and rehabilitated, and requested the Board review the home purchase program applicant list on page 109 of the Agenda Packet to identify any potential conflicts of interest. In response to Chairman Solari, Director Keating identified what constituted a conflict of interest with the perspective buyers. Each Commissioner acknowledged they had no known conflict of interest. 12 December 21, 2010 ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved the Indian River County Housing Authority NSP home purchase program applicant list, and declared no conflicts of interest, as recommended in the memorandum of December 9, 2010. 12.B. EMERGENCY SERVICES - NONE 12. C. GENERAL SERVICES - NONE 12.D. HUMAN RESOURCES - NONE 12.E. HUMAN SERVICES - NONE 12.F. LEISURE SERVICES - NONE 12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 12.G. 1. IMPLEMENTATION OF FLORIDA LEAGUE OF CITIES 457 DEFERRED COMPENSATION PLAN Management and Budget Director Jason Brown reviewed his memorandum dated December 15, 2010 requesting the Board to approve the addition of a third 457 deferred compensation plan to the County employees' existing selection. This plan, the Florida League of Cities (FLC) 457 Deferred Compensation plan, is: (1) similar to the two existing plans; (2) will be employee funded; (3) comes at no cost to the County; (4) offers voluntary participation; (5) allows additional options to County employees; and (6) offers a lower expense ratio than the existing plans. 13 December 21, 2010 ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved the Indian River County Housing Authority NSP home purchase program applicant list, and declared no conflicts of interest, as recommended in the memorandum of December 9, 2010. 12.B. EMERGENCY SERVICES - NONE 12. C. GENERAL SERVICES - NONE 12.D. HUMAN RESOURCES - NONE 12.E. HUMAN SERVICES - NONE 12.F. LEISURE SERVICES - NONE 12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 12.G. 1. IMPLEMENTATION OF FLORIDA LEAGUE OF CITIES 457 DEFERRED COMPENSATION PLAN Management and Budget Director Jason Brown reviewed his memorandum dated December 15, 2010 requesting the Board to approve the addition of a third 457 deferred compensation plan to the County employees' existing selection. This plan, the Florida League of Cities (FLC) 457 Deferred Compensation plan, is: (1) similar to the two existing plans; (2) will be employee funded; (3) comes at no cost to the County; (4) offers voluntary participation; (5) allows additional options to County employees; and (6) offers a lower expense ratio than the existing plans. 13 December 21, 2010 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved: (1) the addition of the Florida League of Cities 457 Plan, and (2) Resolution 2010-125, establishing a defined deferred compensation plan; providing for execution of Trust Joinder Agreement; providing for adoption of a Deferred Compensation Plan; providing for acknowledgement of master trustees; providing for execution of an Adoption Agreement; providing for abiding by terms and acceptance of services; providing for termination of participation; providing for acknowledgement regarding assets; providing for approval by master trustees; providing for full force and effectiveness; providing for repeal of conflicting resolutions; and providing an effective date. DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.H. RECREATION - NONE 12.1. PUBLIC WORKS - NONE 12.J. UTILITIES SERVICES 12. J.1. UPGRADE AND AUTOMATION OF THE REUSE DISTRIBUTION SYSTEM UCP 4065 Director of Utility Services Erik Olson provided background and analysis pertaining to the expansion of an irrigation reuse system that will automate the distribution of water to 14 December 21, 2010 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved: (1) the addition of the Florida League of Cities 457 Plan, and (2) Resolution 2010-125, establishing a defined deferred compensation plan; providing for execution of Trust Joinder Agreement; providing for adoption of a Deferred Compensation Plan; providing for acknowledgement of master trustees; providing for execution of an Adoption Agreement; providing for abiding by terms and acceptance of services; providing for termination of participation; providing for acknowledgement regarding assets; providing for approval by master trustees; providing for full force and effectiveness; providing for repeal of conflicting resolutions; and providing an effective date. DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.H. RECREATION - NONE 12.1. PUBLIC WORKS - NONE 12.J. UTILITIES SERVICES 12. J.1. UPGRADE AND AUTOMATION OF THE REUSE DISTRIBUTION SYSTEM UCP 4065 Director of Utility Services Erik Olson provided background and analysis pertaining to the expansion of an irrigation reuse system that will automate the distribution of water to 14 December 21, 2010 receiving locations. He said this would include infrastructure changes, pump stations, and storage tanks for all golf courses that the County currently services. He requested the Board authorized staff to move forward with the solicitation of bids. Discussion ensued regarding the charge for required reuse water, the new rates that will become effective on January 1St, 2011, and returning to the Board in 45 to 60 days for approval of the bid award. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the solicitation of bids for automation of the reuse distribution system, as recommended in the memorandum of December 1, 2010. 13. COUNTY ATTORNEY MATTERS 13.A. APPROVAL OF MEDL4TION AGREEMENT FOR PARCEL 134 OWNED BY THE ABAZIS FAMILY, 6800 57TH STREET, VERO BEACH Deputy County Attorney William DeBraal recapped his memorandum dated December 13, 2010, providing introduction and background regarding the Mediated Settlement Agreement for Parcel 134, which lies west of 66th Avenue, outside the urban service boundary, and zoned A- 1 Agricultural. He said the parcel owners (Abazis) had proposed an agreement where they want the County to provide $68,600 for the parcel, curb cuts at both ends of the property, sod improvements, and replacement of the fence, depending on its condition at the time of the project's construction. Attorney DeBraal recommended the Board approve the mediation agreement, expert witness fees, and attorney fees, for a total of $93,278. 15 December 21, 2010 receiving locations. He said this would include infrastructure changes, pump stations, and storage tanks for all golf courses that the County currently services. He requested the Board authorized staff to move forward with the solicitation of bids. Discussion ensued regarding the charge for required reuse water, the new rates that will become effective on January 1St, 2011, and returning to the Board in 45 to 60 days for approval of the bid award. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the solicitation of bids for automation of the reuse distribution system, as recommended in the memorandum of December 1, 2010. 13. COUNTY ATTORNEY MATTERS 13.A. APPROVAL OF MEDL4TION AGREEMENT FOR PARCEL 134 OWNED BY THE ABAZIS FAMILY, 6800 57TH STREET, VERO BEACH Deputy County Attorney William DeBraal recapped his memorandum dated December 13, 2010, providing introduction and background regarding the Mediated Settlement Agreement for Parcel 134, which lies west of 66th Avenue, outside the urban service boundary, and zoned A- 1 Agricultural. He said the parcel owners (Abazis) had proposed an agreement where they want the County to provide $68,600 for the parcel, curb cuts at both ends of the property, sod improvements, and replacement of the fence, depending on its condition at the time of the project's construction. Attorney DeBraal recommended the Board approve the mediation agreement, expert witness fees, and attorney fees, for a total of $93,278. 15 December 21, 2010 Discussion ensued regarding the damages to the parcel, the $45,700 severance damage fee, concerns over the high cost of this transaction, and the need to strategize future right-of-way for roads. Attorney Polackwich pointed out that the settlement that came out of mediation is equivalent to a 100% victory by the County, if it were to be taken to trial; and settlement could not be reached with the Abazi appraisal fee of $24,000, therefore, the County reserved jurisdiction to have the Court determine the reasonableness of the fee. MOTION WAS MADE by Vice Chairman Wheeler, SECONDED by Commissioner Davis, to approve staff's recommendation. Commissioner O'Bryan said he would support the motion realizing that it is necessary to move forward, but would do so under protest. The other commissioners agreed. The Chairman CALLED THE QUESTION and the Motion carried. The Board unanimously approved the Mediated Settlement Agreement for Parcel 134 at a price of $68,600, with the two curb cuts, sod and related improvements. Also included are attorney's fees and costs for a total acquisition price of $93,278, with the amount of the appraiser s fee to be determined by the Court, all as recommended in the memorandum of December 13, 2010. The Chairman said it was a unanimous vote under protest. At 9:34 a.m., Chairman Solari closed the Board of County Commission (BCC) meeting to conduct the Solid Waste Disposal District (SWDD) meeting. 16 December 21, 2010 Discussion ensued regarding the damages to the parcel, the $45,700 severance damage fee, concerns over the high cost of this transaction, and the need to strategize future right-of-way for roads. Attorney Polackwich pointed out that the settlement that came out of mediation is equivalent to a 100% victory by the County, if it were to be taken to trial; and settlement could not be reached with the Abazi appraisal fee of $24,000, therefore, the County reserved jurisdiction to have the Court determine the reasonableness of the fee. MOTION WAS MADE by Vice Chairman Wheeler, SECONDED by Commissioner Davis, to approve staff's recommendation. Commissioner O'Bryan said he would support the motion realizing that it is necessary to move forward, but would do so under protest. The other commissioners agreed. The Chairman CALLED THE QUESTION and the Motion carried. The Board unanimously approved the Mediated Settlement Agreement for Parcel 134 at a price of $68,600, with the two curb cuts, sod and related improvements. Also included are attorney's fees and costs for a total acquisition price of $93,278, with the amount of the appraiser s fee to be determined by the Court, all as recommended in the memorandum of December 13, 2010. The Chairman said it was a unanimous vote under protest. At 9:34 a.m., Chairman Solari closed the Board of County Commission (BCC) meeting to conduct the Solid Waste Disposal District (SWDD) meeting. 16 December 21, 2010 The SWDD meeting adjourned at 9:48 a.m. The Chairman immediately called a break to allow Craig Callan, Minor League Baseball, time to arrive from his (Mr. Callan's) meeting with the Vero Beach City Council. (The Chairman reconvened the BCC meeting at 10:17 a.m., with all members present, to hear Item 13.B.) 13.B. EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO BEACH Attorney Polackwich introduced this item as the next stage in the process of possibly exchanging properties at the Vero Beach Sports Village (formerly Dodgertown) with the City of Vero Beach (the City). He recapped his memorandum dated December 14, 2010, providing background and details to the proposed exchange transactions whereby the City would transfer a 11.93 acre parcel (southeast of Holman Stadium) to the County for a new cloverleaf of four youth practice fields, and the County would convey a 10.38 acre parcel (west of Holman Stadium) to the City. Attorney Polackwich provided the current status of the parcels, spoke about the current golf course and green space restrictions, and pointed out that Minor League Baseball (MiLB) and the County have parking nghts on the parking property, and if the property is exchanged, the lease would be eliminated and replaced by a Parking License Agreement. He also spoke about granting access easements, the use of the heart -shaped pond, and the specifics regarding the proposed draft documents. Discussion ensued regarding clarification of verbiage, deed restrictions, stormwater drainage easements, limited access roads to DT Commons, LLC property, as well as the facility, and the 40 -year deed restriction on green space property that would terminate upon the City to County transfer. 17 December 21, 2010 The SWDD meeting adjourned at 9:48 a.m. The Chairman immediately called a break to allow Craig Callan, Minor League Baseball, time to arrive from his (Mr. Callan's) meeting with the Vero Beach City Council. (The Chairman reconvened the BCC meeting at 10:17 a.m., with all members present, to hear Item 13.B.) 13.B. EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO BEACH Attorney Polackwich introduced this item as the next stage in the process of possibly exchanging properties at the Vero Beach Sports Village (formerly Dodgertown) with the City of Vero Beach (the City). He recapped his memorandum dated December 14, 2010, providing background and details to the proposed exchange transactions whereby the City would transfer a 11.93 acre parcel (southeast of Holman Stadium) to the County for a new cloverleaf of four youth practice fields, and the County would convey a 10.38 acre parcel (west of Holman Stadium) to the City. Attorney Polackwich provided the current status of the parcels, spoke about the current golf course and green space restrictions, and pointed out that Minor League Baseball (MiLB) and the County have parking nghts on the parking property, and if the property is exchanged, the lease would be eliminated and replaced by a Parking License Agreement. He also spoke about granting access easements, the use of the heart -shaped pond, and the specifics regarding the proposed draft documents. Discussion ensued regarding clarification of verbiage, deed restrictions, stormwater drainage easements, limited access roads to DT Commons, LLC property, as well as the facility, and the 40 -year deed restriction on green space property that would terminate upon the City to County transfer. 17 December 21, 2010 The Board further discussed ingress and egress issues, the two parcels still owned by the Dodgers, easement issues, and the urgency of resolving this matter. The Chairman invited public comment. Rene Renzi, Waverly Place, questioned the parking accommodations during the Mardy's Tennis and Jake's Music Fest sell-out charity concert at the Vero Beach Sports Village. Craig Callan, Vice President MiLB, Vero Beach conveyed that the parking situation was not a challenge, the cars were parked on City property (across the street), the DT Commons property, and along the roadway. Gerald Hebert, 2425 50th Avenue, voiced concerns regarding speeding on 50th and 53rd Avenues; the prospective sale of the City of Vero Beach selling the power plant; and the lack of Florida Power and Light's (FPL) lack of bar flow. The Chairman referred him to staff and asked Mr. Hebert to provide additional information after the meeting. Mr. Callan stressed the urgency to resolve the exchange of properties so it would not delay the building of the fields, or the sales and marketing for next year. Keith Kite, Owner and Developer of Springhill Suites by Marriott, and Chairman of the Tourism and Economic Development Council of Indian River County, urged the Board to foster the growth of the Vero Beach Sports Village by investing in the decision to add the proposed softball fields. 18 December 21, 2010 The Board further discussed ingress and egress issues, the two parcels still owned by the Dodgers, easement issues, and the urgency of resolving this matter. The Chairman invited public comment. Rene Renzi, Waverly Place, questioned the parking accommodations during the Mardy's Tennis and Jake's Music Fest sell-out charity concert at the Vero Beach Sports Village. Craig Callan, Vice President MiLB, Vero Beach conveyed that the parking situation was not a challenge, the cars were parked on City property (across the street), the DT Commons property, and along the roadway. Gerald Hebert, 2425 50th Avenue, voiced concerns regarding speeding on 50th and 53rd Avenues; the prospective sale of the City of Vero Beach selling the power plant; and the lack of Florida Power and Light's (FPL) lack of bar flow. The Chairman referred him to staff and asked Mr. Hebert to provide additional information after the meeting. Mr. Callan stressed the urgency to resolve the exchange of properties so it would not delay the building of the fields, or the sales and marketing for next year. Keith Kite, Owner and Developer of Springhill Suites by Marriott, and Chairman of the Tourism and Economic Development Council of Indian River County, urged the Board to foster the growth of the Vero Beach Sports Village by investing in the decision to add the proposed softball fields. 18 December 21, 2010 MOTION WAS MADE by Vice Chairman Wheeler, SECONDED by Commissioner Davis, to conceptually approve staffs recommendation. Commissioner O'Bryan opposed the exchange of property, but expressed his support of MiLB, the proposed location for the cloverleaf fields, and ownership of the 11.93 parcel for a unified complex. He voiced disagreement with certain details in the Parking License Agreement; suggested the City sign a lease for MiLB to immediately build the cloverleaf; felt it to be in the best interest of the County to do a straight purchase of the cloverleaf property unifying the complex and maintaining parking area A for either parking use or future expansion; stressed the urgency of moving forward; and believed this addition to the parking agreement would help protect the County from an arbitrary decision. Attorney Polackwich clarified the parking restrictions for the County under the existing parking lease, and Assistant County Administrator Michael Zito added that MiLB could waive the restriction. Commissioner Flescher supported MiLB moving forward, but shared concerns over parking issues. Mr. Callan reiterated that the parking during the Mardy's Tennis and Jake's Music Fest was not an issue. He said the only issue was the need for more security to direct the flow of ingress traffic. A brief discussion ensued between Mr. Callan and Commissioner Flescher regarding the City/County relationship, the urgency of moving forward, the fields taking seven to nine months to build, and the City relinquishing the parking property. 19 December 21, 2010 MOTION WAS MADE by Vice Chairman Wheeler, SECONDED by Commissioner Davis, to conceptually approve staffs recommendation. Commissioner O'Bryan opposed the exchange of property, but expressed his support of MiLB, the proposed location for the cloverleaf fields, and ownership of the 11.93 parcel for a unified complex. He voiced disagreement with certain details in the Parking License Agreement; suggested the City sign a lease for MiLB to immediately build the cloverleaf; felt it to be in the best interest of the County to do a straight purchase of the cloverleaf property unifying the complex and maintaining parking area A for either parking use or future expansion; stressed the urgency of moving forward; and believed this addition to the parking agreement would help protect the County from an arbitrary decision. Attorney Polackwich clarified the parking restrictions for the County under the existing parking lease, and Assistant County Administrator Michael Zito added that MiLB could waive the restriction. Commissioner Flescher supported MiLB moving forward, but shared concerns over parking issues. Mr. Callan reiterated that the parking during the Mardy's Tennis and Jake's Music Fest was not an issue. He said the only issue was the need for more security to direct the flow of ingress traffic. A brief discussion ensued between Mr. Callan and Commissioner Flescher regarding the City/County relationship, the urgency of moving forward, the fields taking seven to nine months to build, and the City relinquishing the parking property. 19 December 21, 2010 Commissioner Davis wanted to move forward. He asked for further clarification on the limitations on the east/west easement, and whether it could be used for pedestrian access. Attorney DeBraal said the easement would be limited to moving the drainage from 43rd Avenue into the pond, and that it would not allow for pedestrian access. He said that the traffic and the parking problems were two separate issues, and did not feel they should be combined. Director Mora clarified that the 20 -foot strip easement needs to remain as a cleared, undeveloped area due to the concrete drainage pipe under the ground, and staff needing access for future repairs. Vice Chairman Wheeler believed the County should protect its $20 million investment in the Vero Beach Sports Village complex by adding the cloverleaf fields. He voiced concern over the ingress and egress to the north of the property and suggested purchasing this parcel in hopes it would alleviate future parking issues. He proposed that staff meet with the four new City Council members to explain the situation and ask for their support. Chairman Solari voiced concerns regarding the suggestion of purchasing the property to the north, and the uncertainty of whether MiLB would stay in Vero Beach long term. He supported the ball fields and MiLB, but not the proposed land exchange. He agreed with Commissioner O'Bryan that it would be good for the City to sign a lease with MiLB for the fields, and work towards a longer term agreement that addresses some of the issues. He said he would be willing to "bite the bullet" on the existing piece of property after looking at an appraised value, and consider the purchase of the northern parcel, but he was unwilling to go outside the bounds of Dodgertown. Chairman Solari wanted appropriate staff to meet with the four Council members before the joint meeting so they could come into the meeting with a full understanding of the facts. 20 December 21, 2010 Commissioner Davis wanted to move forward. He asked for further clarification on the limitations on the east/west easement, and whether it could be used for pedestrian access. Attorney DeBraal said the easement would be limited to moving the drainage from 43rd Avenue into the pond, and that it would not allow for pedestrian access. He said that the traffic and the parking problems were two separate issues, and did not feel they should be combined. Director Mora clarified that the 20 -foot strip easement needs to remain as a cleared, undeveloped area due to the concrete drainage pipe under the ground, and staff needing access for future repairs. Vice Chairman Wheeler believed the County should protect its $20 million investment in the Vero Beach Sports Village complex by adding the cloverleaf fields. He voiced concern over the ingress and egress to the north of the property and suggested purchasing this parcel in hopes it would alleviate future parking issues. He proposed that staff meet with the four new City Council members to explain the situation and ask for their support. Chairman Solari voiced concerns regarding the suggestion of purchasing the property to the north, and the uncertainty of whether MiLB would stay in Vero Beach long term. He supported the ball fields and MiLB, but not the proposed land exchange. He agreed with Commissioner O'Bryan that it would be good for the City to sign a lease with MiLB for the fields, and work towards a longer term agreement that addresses some of the issues. He said he would be willing to "bite the bullet" on the existing piece of property after looking at an appraised value, and consider the purchase of the northern parcel, but he was unwilling to go outside the bounds of Dodgertown. Chairman Solari wanted appropriate staff to meet with the four Council members before the joint meeting so they could come into the meeting with a full understanding of the facts. 20 December 21, 2010 Vice Chairman Wheeler withdrew his Motion and made a new Motion. MOTION WAS MADE by Vice Chairman Wheeler, SECONDED by Commissioner Davis, to schedule a Joint Meeting with the City of Vero Beach City Council and staff, and the Board of County Commissioners, as soon as possible. Discussion ensued regarding the best date/time, and venue for the meeting, the benefits of negotiating face-to-face, conducting the meeting in the "sunshine", dealing with the road right- of-way at a later time, and moving forward with what MiLB wants/needs. Mr. Kite urged the Board to keep a global perspective of where the County plans to go in the next twenty to thirty years with or without MiLB. He urged the Board to not get bogged down in the meetings, but to decide if the City and County really want to be in sports tourism, and if not, to get out. Beach. Chairman Solari stressed that every Commissioner's goal is to keep MiLB in Vero The Chairman CALLED THE QUESTION and the Motion carried. The Board unanimously approved to schedule a Joint Meeting with the City Council of Vero Beach with staff, and the Board of County Commissioners, as soon as possible. 14. COMMISSIONER ITEMS 14.A. COMMISSIONER BOB SOLARI, CHAIRMAN - NONE 21 December 21, 2010 Vice Chairman Wheeler withdrew his Motion and made a new Motion. MOTION WAS MADE by Vice Chairman Wheeler, SECONDED by Commissioner Davis, to schedule a Joint Meeting with the City of Vero Beach City Council and staff, and the Board of County Commissioners, as soon as possible. Discussion ensued regarding the best date/time, and venue for the meeting, the benefits of negotiating face-to-face, conducting the meeting in the "sunshine", dealing with the road right- of-way at a later time, and moving forward with what MiLB wants/needs. Mr. Kite urged the Board to keep a global perspective of where the County plans to go in the next twenty to thirty years with or without MiLB. He urged the Board to not get bogged down in the meetings, but to decide if the City and County really want to be in sports tourism, and if not, to get out. Beach. Chairman Solari stressed that every Commissioner's goal is to keep MiLB in Vero The Chairman CALLED THE QUESTION and the Motion carried. The Board unanimously approved to schedule a Joint Meeting with the City Council of Vero Beach with staff, and the Board of County Commissioners, as soon as possible. 14. COMMISSIONER ITEMS 14.A. COMMISSIONER BOB SOLARI, CHAIRMAN - NONE 21 December 21, 2010 14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN NONE 14. C. COMMISSIONER WESLEY S. DAVIS - NONE 14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 14.E. COMMISSIONER PETER 11 O'BRYAN- NONE 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES DISTRICT - NONE 15.B. SOLID WASTE DISPOSAL DISTRICT At 9:34 a.m. the Chairman closed the Regular Board of County Commission (BCC) meeting to conduct the Solid Waste Disposal District (SWDD) meeting. Those minutes are being prepared separately. 15.B.1. TEMPORARY EQUIPMENT LEASE WITH REPUBLIC SERVICES 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 22 December 21, 2010 14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN NONE 14. C. COMMISSIONER WESLEY S. DAVIS - NONE 14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 14.E. COMMISSIONER PETER 11 O'BRYAN- NONE 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES DISTRICT - NONE 15.B. SOLID WASTE DISPOSAL DISTRICT At 9:34 a.m. the Chairman closed the Regular Board of County Commission (BCC) meeting to conduct the Solid Waste Disposal District (SWDD) meeting. Those minutes are being prepared separately. 15.B.1. TEMPORARY EQUIPMENT LEASE WITH REPUBLIC SERVICES 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 22 December 21, 2010 There being no further business, the Chairman declared the meeting adjourned at 11:45 p.m. ATTEST: etr- sa2Sisee Jeffrey K. Barton, Clerk Bob Solan, Chairman Minutes Approved: MAR 0 1 2011 BCC/LA/2010 Minutes December 21, 2010 23 There being no further business, the Chairman declared the meeting adjourned at 11:45 p.m. ATTEST: Jeffrey K. Barton, Clerk Bob Solari, Chairman Minutes Approved: BCC/LA/2010 Minutes 23 December 21, 2010 There being no further business, the Chairman declared the meeting adjourned at 11:45 p.m. ATTEST: etr- sa2Sisee Jeffrey K. Barton, Clerk Bob Solan, Chairman Minutes Approved: MAR 0 1 2011 BCC/LA/2010 Minutes December 21, 2010 23