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HomeMy WebLinkAbout03/19/2013 (2)COUNTY COMMISSIONERS Joseph E Flescher, Chairman Wesley S Davis, Vice Chairman Peter D. O'Bryan Bob Solari Tim Zorc 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, MARCH 19, 2013 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com District 2 District 1 District 4 District 5 District 3 9:00 A.M. Joseph A. Baird, County Administrator Alan S. Polackwich, Sr., County Attorney Jeffrey R. Smith, Clerk to the Board Elder Vick Campbell, Vero Beach Alliance Church Commissioner Joseph E Flescher, Chairman ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Honoring Joseph Matthew Cash for Attaining the Rank of Eagle Scout PAGE 1 B. Presentation of Proclamation and Retirement Award to Joseph G. Eriksen on his Retirement from Indian River County Department of Emergency Services/Fire Rescue with Twenty -Four Years Service March 19, 2013 2-3 =143 PG 607 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation of Proclamation Recognizing March 24 — 30, 2013, as Humane Society of Vero Beach & Indian River County Week 4 D. Presentation of Proclamation Designating March 17 — 23, 2013, as Surveyors Week 5 E. Presentation of Proclamation Indian River County Celebrating Children's Week 6 F. Presentation of Proclamation Recognizing the Month of March, 2013, as St. Baldrick's Foundation Childhood Cancer Awareness Month 7 G. Presentation by Troy Rice, Director, Indian River Lagoon National Estuary Program, St. Johns River, Water Management District H. Presentation by Kathy Hurt, Director of Development — Hanley Center Gate Lodge, and David Jackson, Director of Community Affairs, Office of U.S. Representative Bill Posey, Regarding March 20 Drug Abuse Resource ..Symposium 6. APPROVAL OF MINUTES A. Regular Meeting of February 5, 2013 gnimmi 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION None 8. CONSENT AGENDA A. Approval of Warrants — March 1, 2013 to March 7, 2013 (memorandum dated March 7, 2013) 8-16 B. Approval of Annual Financial Report by County Commissioners and Notice. of CAFR (Comprehensive Annual Financial Report Completion (memorandum dated March 13, 2013) C. Proclamation and Retirement Award for Margaret Beebe on Her Retirement from Indian River County Department of Public Works Road and Bridge Division with Seven Years Service 17-26 27-28 D. Approval of Professional Coastal Engineering and Coastal Environmental Services Agreement, RFQ No. 2012050 (memorandum dated March 8, 2013) March 19, 2013 29-61 It 143 PG 608 Page 2 of 7 8. CONSENT AGENDA PAGE E. Florida Department of Transportation (FDOT) Maintenance Memorandum of Agreement (MMOA) and Authorizing Resolution for Landscape Maintenance on One and One-half Miles of SR A1A Along the Moorings Community (memorandum dated March 5, 2013) 62-86 F. Children's Services — Funding Allocation for Fiscal Year 2013/2014 (memorandum dated March 11, 2013) 87-88 G. Miscellaneous Budget Amendment 010 (memorandum dated March 12, 2013) 89-94 H. Miscellaneous Budget Amendment 011, Court Administration 19th Judicial Circuit, Funding of aiSmartBench Judicial Viewer System (memorandum dated March 11, 2013) 95-104 I. Miscellaneous Budget Amendment 012, Corrections Improvements (memorandum dated March 13, 2013) 105-121 J. Florida Blue — Administrative Services Agreement Renewal (memorandum dated March 12, 2013) 122-125 K. Request for Board Approval of a Resolution for a Grant Application to the Florida Inland Navigation District for Boat Dock and Signage Improvements at the Jones's Pier Conservation Area (memorandum dated March 12, 2013) L. Approval of Amendment No. 2 to Work Order No. 5—RR for the Rockridge Subdivision Surge Protection Project (memorandum dated February 26 2013) 126-131 132-137 M. Lease Agreement with Youth Guidance Donation Fund of Indian River County, Inc. for Office Space (memorandum dated February 18, 2013) N. Oslo Road Phase II Roadway Widening (43rd Avenue to 27th Avenue) Change Order No. 1 — Final Payment and Release of Retainage, IRC Project No. 0533 (memorandum dated March 11, 2013) O. Civil Engineering and Land Surveying Agreement for CR 510 between 61St Dnve and Shore Lane — Amendment No. 5, IRC Project No. 0549 (memorandum dated March 5, 2013) March 19, 2013 138-152 153-171 172-183 1143 PG 609 Pagel of 7 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE A. Indian River County Clerk of the Circuit Court and Comptroller Jeffrey R. Smith Presentation and Highlights of the Comprehensive Annual Financial Report (CAFR) For Fiscal Year Ending September 30, 2012 B. Indian River County Sheriff Dervl Loar Potential Purchase and Funding Source of Marked Patrol Vehicles (letter dated March 14 2013) 10. PUBLIC ITEMS A. PUBLIC HEARINGS None 184-197 B. PUBLIC DISCUSSION ITEMS 1. Request to Speak from William M. Wells Regarding Australian Pines, 44th Avenue, Grants 2. 198 Request to Speak from C. N. Kirrie Regarding Possible County Action on 76th Avenue in A. A. Berry Subdivision (Mensing Lawsuit) 199 C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Workshop March 26, 2013: A Public Workshop will be held on Tuesday, March 26, 2013, at the Indian River County Commission Chambers to discuss the health of the Indian River Lagoon (memorandum dated March 11, 2013) 2. March 19, 2013 200 Notice of Scheduled Public Hearing April 9, 2013: (memorandum dated March 7, 2013) 201-202 a. Vero Estates, LLC's request to amend the text of the Policy 5.6 of the Future Land Use Element of the county's comprehensive plan Legislative b. North County Charter Elementary School's request to rezone ±0 94 acres from CH, Heavy Commercial District, to CL, Limited Commercial District. The subject property is located on Old Dixie Highway, approximately 700 feet north of 65th Street Quasi -Judicial MC 143 PC 610 Page 4 of 7 11. COUNTY ADMINISTRATOR MATTERS PAGE None 12. DEPARTMENTAL MATTERS A. Community Development 1. Consideration of Regulations Limiting the Size of Commercial Vehicles and Recreational Vehicles Parked Outside in Residential Areas (memorandum dated March 11, 2013) 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 None March 19, 2013 203-238 IN 1143PG611 Page.5 of 7 13. COUNTY ATTORNEY MATTERS PAGE A. Resolution Delegating to the County Administrator or Designee the Authority to Execute the County's Acceptance of Temporary Easements for Utilities which will Terminate when the Property is Platted Depicting Perpetual Easements (memorandum dated March 7, 2013) 239-243 B. Frederick D. Mensing, III, and Rita F. Mensing v. Indian River County, pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 312010CA075009 And Frederick D. Mensing, III v. Indian River County, Robert Solari, Gary C. Wheeler, Wesley S. Davis, Peter D. O'Brian [sic], William G. Collins, II, Robert Keating, Christopher N. Kirrie, Christopher William Kirrie, and Robert Chester Kirrie, pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 312012CA000976 (memorandum dated March 13, 2013) 244-247 C. Proposed Ordinance Establishing Amnesty Program for Certain Utility Delinquency Charges — Permission to Advertise for Public Hearing (memorandum dated March 13, 2013) 248-252 D. Cobblestone — Cancellation of Tax Deed (memorandum dated March 14, 2013) 253-257 14. COMMISSIONERS ITEMS A. Commissioner Joseph E. Flescher, Chairman B. None Commissioner Wesley S. Davis, Vice Chairman 1. Operation of Golf Carts in Roseland (memorandum dated March 13, 2013) 258-260 C. Commissioner Peter D. O'Brvan 1. Proposed Broadband Legislation — HB 355 / SB 756 (memorandum dated March 12, 2013) 261-264 D. Commissioner Bob Solari None E. Commissioner Tim Zorc March 19, 2013 None 1.43 PC 612 Page 6 of 7 15. SPECIAL DISTRICTS AND BOARDS PAGE A. Emergency Services District None B. C. Solid Waste Disposal District 1. Approval of Minutes Meeting of January 15, 2013 2. Release of Retainage & Final Pay to Comanco Environmental Corporation (Bid No. 2012025) (memorandum dated March 11 2013) 265-270 3. Fourth Amendment to SWDD Feedstock Supply Agreement with INPB (memorandum dated March 11, 2013) Environmental Control Board None 16. ADJOURNMENT 271-278 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 Amencans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. The full agenda is available on hne 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. March 19, 2013 143 PG 613 Page7of 7 JEFFREY R. SMITH Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING BOARD OF COUNTY COMMISSIONERS MARCH 19, 2013 1 CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION OF PROCLAMATION HONORING JOSEPH MATTHEW CASH FOR ATTAINING THE RANK OF EAGLE SCOUT 2 5.B. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD TO JOSEPH G. ERIKSEN ON HIS RETIREMENT FROM INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH TWENTY-FOUR YEARS SERVICE 2 5.C. PRESENTATION OF PROCLAMATION RECOGNIZING MARCH 24 - 30, 2013, AS HUMANE SOCIETY OF VERO BEACH AND INDIAN RIVER COUNTY WEEK 2 S.D. PRESENTATION OF PROCLAMATION DESIGNATING MARCH 17 - 23, 2013, AS SURVEYORS WEEK 3 5 E PRESENTATION OF PROCLAMATION - INDIAN RIVER COUNTY CELEBRATING CHILDREN S WEEK 3 Mirth 19, 2013: `MI 1.13PG614 5.F. PRESENTATION OF PROCLAMATION RECOGNIZING THE MONTH OF MARCH, 2013, AS ST BALDRICK'S FOUNDATION CHILDHOOD CANCER AWARENESS MONTH 3 5.G. PRESENTATION BY TROY RICE, DIRECTOR, INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 3 5.H. PRESENTATION BY KATHY HURT, DIRECTOR OF DEVELOPMENT - HANLEY CENTER GATE LODGE, AND DAVID JACKSON, DIRECTOR OF COMMUNITY AFFAIRS, OFFICE OF U.S. REPRESENTATIVE BILL POSEY, REGARDING MARCH 20TH DRUG ABUSE RESOURCE SYMPOSIUM 4 6. APPROVAL OF MINUTES 4 6.A. MEETING OF FEBRUARY 5, 2013 4 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION - NONE 4 8. CONSENT AGENDA 4 8.A. APPROVAL OF WARRANTS - MARCH 1, 2013 TO MARCH 7, 2013 5 8.B. APPROVAL OF ANNUAL FINANCIAL REPORT BY COUNTY COMMISSIONERS AND NOTICE OF CAFR (COMPREHENSIVE ANNUAL FINANCIAL REPORT COMPLETION) 5 8.C. PROCLAMATION AND RETIREMENT AWARD FOR MARGARET BEEBE ON HER RETIREMENT FROM INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS ROAD AND BRIDGE DIVISION WITH SEVEN YEARS SERVICE 6 8.D. APPROVAL OF PROFESSIONAL COASTAL ENGINEERING AND COASTAL ENVIRONMENTAL SERVICES AGREEMENT, RFQ No. 2012050 6 8 E FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) AND AUTHORIZING RESOLUTION FOR LANDSCAPE MAINTENANCE ON ONE AND ONE-HALF MILES OF SR AIA ALONG THE MOORINGS COMMUNITY 7 8.F. CHILDREN'S SERVICES - FUNDING ALLOCATION FOR FISCAL YEAR 2013/2014 7 8.G. MISCELLANEOUS BUDGET AMENDMENT 010 8 March 19, 2013 2 1 4 3 PG 615 8.H. MISCELLANEOUS BUDGET AMENDMENT 011, COURT ADMINISTRATION 19TH JUDICIAL CIRCUIT, FUNDING OF AISMARTBENCH JUDICIAL VIEWER SYSTEM 8 8.I. MISCELLANEOUS BUDGET AMENDMENT 012, CORRECTIONS IMPROVEMENTS 9 8.J. FLORIDA BLUE - ADMINISTRATIVE SERVICES AGREEMENT RENEWAL 9 8.K. REQUEST FOR BOARD APPROVAL OF A RESOLUTION FOR A GRANT APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT FOR BOAT DOCK AND SIGNAGE IMPROVEMENTS AT THE JONES'S PIER CONSERVATION AREA 9 8 L APPROVAL OF AMENDMENT No. 2 TO WORK ORDER No. 5 -RR FOR THE ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT 10 8.M. LEASE AGREEMENT WITH YOUTH GUIDANCE DONATION FUND OF INDIAN RIVER COUNTY, INC. FOR OFFICE SPACE 10 8.N. OSLO ROAD PHASE II ROADWAY WIDENING (43RD AVENUE TO 27TH AVENUE) CHANGE ORDER NO. 1 - FINAL PAYMENT AND RELEASE OF RETAINAGE, IRC PROJECT No. 0533 11 8.0. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510 BETWEEN 61ST DRIVE AND SHORE LANE - AMENDMENT No. 5, IRC PROJECT No. 0549 11 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 12 9.A. INDIAN RIVER COUNTY CLERK OF THE CIRCUIT COURT AND COMPTROLLER JEFFREY R. SMITH - PRESENTATION AND HIGHLIGHTS OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR ENDING ENDED SEPTEMBER 30, 2012 12 9.B. INDIAN RIVER COUNTY SHERIFF DERYL LOAR - POTENTIAL PURCHASE AND FUNDING SOURCE OF MARKED PATROL VEHICLES 13 10. PUBLIC ITEMS 14 10.A. PUBLIC HEARING(S) - NONE 14 10 B PUBLIC DISCUSSION ITEMS 14 103.1. REQUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING AUSTRALIAN PINES, 44TH AVENUE, GRANTS 14 103.2. REQUEST TO SPEAK FROM C. N. KIRRIE REGARDING POSSIBLE COUNTY ACTION ON 76TH AVENUE IN A. A. BERRY SUBDIVISION (MENSING LAWSUIT) 15 SI 143PG616 March 19 2013 3 10.C. PUBLIC NOTICE ITEMS 16 10.C.1. NOTICE OF SCHEDULED PUBLIC WORKSHOP MARCH 26, 2013: A PUBLIC WORKSHOP WILL BE HELD ON TUESDAY, MARCH 26, 2013, AT THE INDIAN RIVER COUNTY COMMISSION CHAMBERS TO DISCUSS THE HEALTH OF THE INDIAN RIVER LAGOON 16 10.C.2.A. NOTICE OF SCHEDULED PUBLIC HEARING APRIL 9, 2013: VERO ESTATES, LLC'S REQUEST TO AMEND THE TEXT OF THE POLICY 5.6 OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 16 10.C.2.B. NOTICE OF SCHEDULED PUBLIC HEARING APRIL 9, 2013: NORTH COUNTY CHARTER ELEMENTARY SCHOOL S REQUEST TO REZONE ±0 94 ACRES FROM CH, HEAVY COMMERCIAL DISTRICT, TO CL, LIMITED COMMERCIAL DISTRICT THE SUBJECT PROPERTY IS LOCATED ON OLD DIXIE HIGHWAY, APPROXIMATELY 700 FEET NORTH OF 65TH STREET (QUASI-JUDICIAL) 16 11. COUNTY ADMINISTRATOR MATTERS - NONE 16 12. DEPARTMENTAL MATTERS 17 12.A. COMMUNITY DEVELOPMENT 17 12.A.1. CONSIDERATION OF REGULATIONS LIMITING THE SIZE OF COMMERCIAL VEHICLES AND RECREATIONAL VEHICLES PARKED OUTSIDE IN RESIDENTIAL AREAS 17 12.B. EMERGENCY SERVICES - NONE 18 12.C. GENERAL SERVICES - NONE 18 12.D. HUMAN RESOURCES - NONE 18 12 E HUMAN SERVICES - NONE 18 12.F. LEISURE SERVICES - NONE 18 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 18 12.H. RECREATION - NONE 18 12.I. PUBLIC WORKS - NONE 18 12.J. UTILITIES SERVICES - NONE 18 13. COUNTY ATTORNEY MATTERS 18 March 19, 2013 4 143 PG 611 13.A. RESOLUTION DELEGATING TO THE COUNTY ADMINISTRATOR OR DESIGNEE THE AUTHORITY TO EXECUTE THE COUNTY'S ACCEPTANCE OF TEMPORARY EASEMENTS FOR UTILITIES WHICH WILL TERMINATE WHEN THE PROPERTY IS PLATTED DEPICTING PERPETUAL EASEMENTS 18 13.B. FREDERICK D. MENSING, III, AND RITA F. MENSING V. INDIAN RIVER COUNTY, PENDING IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, CASE No. 312010CA075009 AND FREDERICK D MENSING, III V. INDIAN RIVER COUNTY, ROBERT SOLARI, GARY C. WHEELER, WESLEY S. DAVIS, PETER D. O'BRIAN [SIC], WILLIAM G. COLLINS, II, ROBERT KEATING, CHRISTOPHER N. KIRRIE, CHRISTOPHER WILLIAM KIRRIE, AND ROBERT CHESTER KIRRIE, PENDING IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, CASE No. 312012CA000976 19 13.C. PROPOSED ORDINANCE ESTABLISHING AMNESTY PROGRAM FOR CERTAIN UTILITY DELINQUENCY CHARGES - PERMISSION TO ADVERTISE FOR PUBLIC HEARING 19 13.D. COBBLESTONE - CANCELLATION OF TAX DEED 20 14. COMMISSIONER ITEMS 21 14.A. COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN - NONE 21 14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 21 14.B.1. OPERATION OF GOLF CARTS IN ROSELAND 21 14.C. COMMISSIONER PETER D. O'BRYAN 22 14.C.1. PROPOSED BROADBAND LEGISLATION - HB 355 / SB 756 22 14.D. COMMISSIONER BOB SOLARI - NONE 22 14.E. COMMISSIONER TIM ZORC - NONE 22 15. SPECIAL DISTRICTS AND BOARDS 22 15.A. EMERGENCY SERVICES DISTRICT - NONE 22 15.B. SOLID WASTE DISPOSAL DISTRICT 23 15 B 1 APPROVAL OF MINUTES MEETING OF JANUARY 15, 2013 23 15.B.2. RELEASE OF RETAINAGE AND FINAL PAY TO COMANCO ENVIRONMENTAL CORPORATION (BID No. 2012025) 23 15 B.3. FOURTH AMENDMENT TO SWDD FEEDSTOCK SUPPLY AGREEMENT WITH INEOS NEW PLANET BIOENERGY, LLC (INPB) 23 March 19, 2013 5 BK 143PG618 15.C. ENVIRONMENTAL CONTROL BOARD - NONE 23 16. ADJOURNMENT 24 March 19, 2013 6 IN 1 1/4 3 PG 619 JEFFREY R. SMITH Clerk to the Board March 19, 2013 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, March 19, 2013. Present were Chairman Joseph E Flescher, Vice Chairman Wesley S. Davis, and Commissioners Peter D O'Bryan, Bob Solari, and Tim Zorc. 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 Flescher called the meeting to order at 9:00 a.m. 2. INVOCATION Elder Vick Campbell, Vero Beach Alliance Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Joseph Matthew Cash, Eagle Scout of Boy Scout Troop 558 led the Pledge of Allegiance to the Flag. March 19, 2013 1 ik 143 PG 620 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS NONE ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the Agenda as presented. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PRESENTATION OF PROCLAMATION HONORING JOSEPH MATTHEW CASH FOR ATTAINING THE RANK OF EAGLE SCOUT Chairman Flescher read and presented the Proclamation to Joseph Matthew Cash. S.B. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD TO JOSEPH G. ERIKSEN ON HIS RETIREMENT FROM INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH TWENTY- FOUR YEARS SERVICE Commissioner Zorc read and presented the Proclamation to Joseph G. Eriksen. 5. C. PRESENTATION OF PROCLAMATION RECOGNIZING MARCH 24 - 30, 2013, AS HUMANE SOCIETY OF VERO BEACH AND INDIAN RIVER COUNTY WEEK Vice Chairman Davis read and presented the Proclamation to Chalmers Morse, Executive Director, and Ilka Darnel, Director of Animal Protection Services. March 19, 2013 2 m• EMM,E1 BK 143 FG 621 S.D. PRESENTATION OF PROCLAMATION DESIGNATING MARCH 17 23, 2013, AS SURVEYORS WEEK Commissioner Solari read and presented the Proclamation to Chris Demeter, Kimley- Horn and Associates, and numerous Indian River County surveyors and mappers. S.E. PRESENTATION OF PROCLAMATION- INDIAN RIVER COUNTY CELEBRATING CHILDREN'S WEEK Commissioner O'Bryan read and presented the Proclamation to Jacki Jackson, Executive Director of the Early Learning Coalition of Indian River, Martin, and Okeechobee Counties. S.F. PRESENTATION OF PROCLAMATION RECOGNIZING THE MONTH OF MARCH, 2013, AS Sr. BALDRICK'S FOUNDATION CHILDHOOD CANCER AWARENESS MONTH Chairman Flescher read and presented the Proclamation to Missy Elward, Volunteer Organizer for the St. Baldrick's Foundation. Ms. Elward thanked the Board for their support, and showed a slide presentation of the head -shaving event that raised over $100,000+ for St. Baldrick's Foundation. S.G. PRESENTATION BY TROY RICE, DIRECTOR, INDL4NRIVER LAGOON NATIONAL ESTUARY PROGRAM, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Troy Rice, Director of the Indian River Lagoon National Estuary Program, using a PowerPoint presentation (on file), provided an overview of the Indian River Lagoon National Estuary Program. He announced that the next meeting of the Indian River Lagoon Advisory Board is scheduled for April 24, 2013, at 10:00 a.m., in County Admimstration Building B, March 19 2013 3 143 PG 622 where a presentation will be given on the St Lucie River Estuary B Map, and the work plan for the next fiscal year. S.H. PRESENTATIONBYKATHY HURT, DIRECTOR OF DE VEL OFMENT HANLEY CENTER GATE LODGE, AND DAVID JACKSON, DIRECTOR OF COMMUNITY AFFAIRS, OFFICE OF U.S. REPRESENTATIVE BILL POSEY, REGARDING MARCH 20" DRUG ABUSE RESOURCE SYMPOSIUM Kathy Hurt and David Jackson presented the Board with a short video relating to the drug abuse epidemic on the Treasure Coast. 6. APPROVAL OF MINUTES 6.A. MEETING OF FEBRUARY S, 2013 The Chairman asked if there were any corrections or additions to the minutes. There were none. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the minutes of the February 5, 2013 meeting, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION - NONE 8. CONSENT AGENDA Commissioner O'Bryan requested to pull Item 8.H. from the Consent Agenda for discussion. March 19, 2013 4 Ific I43PG62 Commissioner Zorc requested to pull Item 8.A. for discussion/comments. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the Consent Agenda, as amended. 8.A. APPROVAL OF WARRANTS - MARCH], 2013 TO MARCH 7, 2013 Commissioner Zorc announced that he would abstain from the vote and file Form 8B, Memorandum of Voting Conflict. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board by a 4-0 vote (Commissioner Zorc abstained), approved the hst of Warrants and Wires as issued by the Comptroller's Office for the time period of March 1, 2013 to March 7, 2013, as requested in the memorandum of March 7, 2013. FORM 8B, MEMORANDUM OF VOTING CONFLICT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.B. APPROVAL OFANNUAL FINANCIAL REPORT BY COUNTY COMMISSIONERS AND NOTICE OF CAFR (COMPREHENSIVE ANNUAL FINANCIAL REPORT COMPLETION) ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously authorized the Chairman to execute the County's Local Government Annual Financial Report; and accepted the Comprehensive Annual Financial Report (CAFR) as March 19, 2013 5 143PG62; presented for fiscal year 2011-2012, as recommended in the memorandum of March 13, 2013. REPORTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.C. PROCLAMATION AND RETIREMENT AWARD FOR MARGARET BEEBE ON HER RETIREMENT FROM INDIAN RIVER COUNTY DEPARTMENT OF PUBLIC WORKS ROAD AND BRIDGE DIVISION WITH SEVEN YEARS SERVICE ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the Proclamation and Retirement Award honoring Margaret Beebe on her retirement from the Public Works Road and Bridge Division. B.D. APPROVAL OF PROFESSIONAL COASTAL ENGINEERING AND COASTAL ENVIRONMENTAL SERVICES AGREEMENT. RFO No. 2012050 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the fee schedules and agreements between the County and (1) Coastal Planning and Engineering, Inc. (now a CB&I Company), and (2) Ecological Associates, Inc. and authorized the Chairman to execute same, as recommended in the memorandum of March 8, 2013. AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 19,2013 6 BK 143 PG.: 625, 8.E. FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) AND AUTHORIZING RESOLUTION FOR LANDSCAPE MAINTENANCE ON ONE AND ONE-HALF MILES OF SR A 1A ALONG THE MOORINGS COMMUNITY ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Resolution 2013-019, authonzmg the execution of District Four Landscape Maintenance Memorandum of Agreement for SR A1A along the southern one and one- half mile Moorings Comdor. AGREEMENT AND LETTER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.F. CHILDREN'S SERVICES - FUNDING ALLOCATION FOR FISCAL YEAR 2013/2014 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved funding for Children's Service agencies at the current fiscal year allocation of $623,890 for fiscal year 2013- 2014, as recommended in the memorandum of March 11, 2013. March 19, 2013 7 BK 43 PG 626 8.G. MISCELLANEOUS BUDGET AMENDMENT 010 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unammously approved Resolution 2013-020, amending the fiscal year 2012-2013 budget. 8.H. MISCELLANEOUS BUDGET AMENDMENT 011, COURT ADMINISTRATION 19m JUDICIAL CIRCUIT, FUNDING OF AISMARTBENCH JUDICIAL VIEWER SYSTEM Commissioner O'Bryan asked where the ongoing annual maintenance fee of $52,387 would be coming from if the 19th Judicial Circuit purchased the aiSmartBench Judicial Viewer system. Trial Court Administrator Thomas Genung, with input from Management and Budget Director Jason Brown, explained that the maintenance fees would be paid from the revenues generated during the foreclosure process. ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Flescher, the Board unanimously approved Resolution 2013-021, amending the fiscal year 2012-2013 budget. March 19, 2013 8 BK 143 PG 627 8.I. MISCELLANEOUS BUDGET AMENDMENT 012, CORRECTIONS IMPROVEMENTS ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Resolution 2013-022, amending the fiscal year 2012-2013 budget. 8.1 FLORIDA BLUE - ADMINISTRATIVE SERVICES AGREEMENT RENEWAL ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously authorized the County Administrator to execute the Administrative Services Agreement renewal with Flonda Blue, as recommended in the memorandum of March 12, 2013. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.K. REQUEST FOR BOARD APPROVAL OF A RESOLUTION FOR A GRANT APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT FOR BOAT DOCK AND SIGNAGE IMPROVEMENTS AT THE JONES'S PIER CONSERVATION AREA ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Resolution 2013-023, Attachment E-6, Resolution for March 19, 2013 9 OK 143 PG 628- Assistance 2013 Under the Florida Inland Navigation Distract Waterways Assistance Program. 8.L. APPROVAL OF AMENDMENT NO. 2 TO WORK ORDER No. SRR FOR THE ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Amendment No. 2 to Work Order No. 5 -RR for the Rockridge Subdivision Surge Protection Project, as recommended in the memorandum of February 26, 2013. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.M. LEASE AGREEMENT WITH YOUTH GUIDANCE DONATION FUND OF INDIAN RIVER COUNTY, INC. FOR OFFICE SPACE ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Resolution 2013-024, approving a Community Interest Lease Agreement with the Youth Guidance Donation Fund of Indian River County, Inc., for County owned property at 1028 20th Place. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March l9; 2013 10 II ) 43 PG 629 8.N. OSLO ROAD PHASE II ROADWAY WIDENING (43" AVENUE TO 27171 AVENUE) CHANGE ORDER No. 1 FINAL PAYMENT AND RELEASE OF RETAINAGE, IRC PROJECTNo. 0533 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Change Order No. 1 to Dickerson Florida, Inc. decreasing the contract total to $3,760,605.80, and payment of Dickerson Florida, Inc. Pay Application No. 17 in the amount of $197,151.15 for final payment and release of retainage, as recommended in the memorandum of March 11, 2013. 8.0. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510 BETWEEN 61ST DRIVE AND SHORE LANE - AMENDMENT No. 5, IRC PROJECT NO. 0549 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Amendment No. 5, authorizing professional civil engineering geotechnical engineenng and land surveying services with McMahon Associates, Inc., and authorized the Chairman to execute same for a total fee of $81,350.00, as recommended in the memorandum of March 5, 2013. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 19, 2013 11 143PG630 The Chairman called for a break at 10:25 a.m., and reconvened the meeting at 10:40 a.m., with all members present. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 9.A. INDIAN RIVER COUNTY CLERK OF THE CIRCUIT COURT AND COMPTROLLER JEFFREY R. SMITH - PRESENTATION AND HIGHLIGHTS OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR FISCAL YEAR ENDING ENDED SEPTEMBER 30.2012 Jeffrey R. Smith, Clerk of Circuit Court and Comptroller reported that the Comprehensive Annual Financial Report (CAFR) was completed on March 12, 2013, and was a "clean" audit with no issues. He extended thanks to his Finance staff and Budget Director Jason Brown's staff for their hard work in preparing the report; and also the Constitutional Officers and their staff for their cooperation and support. Finance Director Diane Bernardo provided a beef overview of the Fiscal Year 2011-2012 CAFR (on file), the audit results, and the Certificate of Achievement for Excellence in Financial Reporting that the County received. In addition, she highlighted the Comptroller's office paperless initiative for distributing the CAFR on CD or through an e-mail notification of the website link, as well as their current computer software that will offer a paperless component. Chairman Flescher affirmed with his fellow commissioners that only one punted CAFR would be required in the future for the Commissioners' library March 19 2013 REPORTS ON FILE 1N THE OFFICE OF THE CLERK TO THE BOARD 12 14 3 PG 6 3 1.:. 9.B. INDL4NRIVER COUNTY SHERIFF BERYL LOAR - POTENTIAL PURCHASE AND FUNDING SOURCE OF MARKED PATROL VEHICLES Sheriff Deryl Loar presented the Board with his 2013 Fleet Vehicle Summary, recalled that in December 2011 he informed the Commissioners that the production of the Ford Crown Victoria would cease, pointed out that 33% of the aging patrol cars have 100,000+ miles, and requested the Board allocate funding to increase the fleet. Discussion ensued regarding the current fleet, the replacement phase-in, utilizing a tracking software and its cost benefits, possible funding sources to pay for the vehicles, and investing in vehicles that would have a long production life. Commissioner Solari commented on the Shenff not providing a recommendation in the Agenda Packet; not presenting the Board with a briefing of his first quarter budget; and the budget not including rolling stock. Commissioner O'Bryan believed it was time to start adding infrastructure and capital to maintain the citizens' quality of life, and to start replacing the aging vehicles. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Chairman Flescher, to approve the purchase of 20 vehicles, or $800,000 worth of vehicles. There were concerns voiced regarding the budget, and discussions as to where the funds should come from, and where the vehicles should be purchased. March 19, 2013 MOTION was AMENDED by Commissioner O'Bryan SECONDED by Chairman Flescher, to approve $800,000 for the Sheriff to purchase vehicles, and for staff to decide the most appropriate source for funding the vehicles. 13 11 143 PG 632 Further discussion ensued regarding the Sheriff's rolling stock, salvage values, and the possibility of implementing a tracking system that would monitor and provide a history of the fleet. The Chairman CALLED THE QUESTION, by a 4-1 vote (Commissioner Solari opposed), the Motion carried. 10. PUBLIC ITEMS 10.A. PUBLIC HEARING(S) - NONE 10.B. PUBLIC DISCUSSION ITEMS 10.B.1. REQUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING AUSTRALIAN PINES, 44771 AVENUE, GRANTS William Wells, 8800 44th Avenue, Sebastian, provided background and requested that the Commissioners direct staff to pursue grants to remove the Australian Pines on 44th Avenue. Chairman Flescher wanted to know if there was grant funding that could assist Mr. Wells with the process of removing the pines. Public Works Director Chris Mora explained the challenges involved in obtaining a grant, and said that his department was not aware of any grants that would provide funding for the project. After a lengthy discussion regarding the removal of the pine trees, and an earlier project being stopped because some trees were on private property, Vice Chairman Davis suggested that Mr. Wells pursue this issue as a utilities project. NO BOARD ACTION REQUIRED OR TAKEN March 19, 2013 14 143PG6 10.B.2. REQUEST TO SPEAK FROM C. N. KIRRIE REGARDING POSSIBLE COUNTY ACTION ON 76TH AVENUE IN A. A. BERRY SUBDIVISION (MENSING LAWSUIT) C. N. Kirrie, 12855 ,79th Avenue, Roseland, said he owns a business that fronts 76th Avenue, and will be affected by whatever action is taken today (on Item 13.B.). County Attorney Alan Polackwich clarified that Mr. Kirrie had asked to be added to the Agenda under Public Matters, so he would have an opportunity to speak on Item 13.B. Fred Mensing said he would not be able to stay for an afternoon session due to obligations, and suggested the Board move this matter to the April 2, 2013 Board of County Commission meeting. Attorney Polackwich pointed out that Mr. Mensing had already filed his application for a reverse mortgage; therefore, the April 1st deadline would not be a driving factor. After a brief debate, Mr. Kirrie agreed to reschedule this item and 13.B. to the April 2, 2013 Board of County Commission meeting. ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved to reschedule Items 10.B.2. and 13.B. to the Board of County Commission meeting of April 2, 2013. The Chairman called for a break at 12:25 p.m., and reconvened the meeting at 12:35 p. m., with all members present. March 19, 2013 15 43 PG 634 10. C. PUBLIC NOTICE ITEMS 10. C.1. NOTICE OF SCHEDULED PUBLIC WORKSHOP MARCH 26, 2013: A PUBLIC WORKSHOP WILL BE HELD ON TUESDAY, MARCH 26, 2013, AT THE INDIAN RIVER COUNTY COMMISSION CHAMBERS TO DISCUSS THE HEALTH OF THE INDIAN RIVER LAGOON 10. C.2.A.NOTICE OF SCHEDULED PUBLIC HEARING APRIL 9, 2013: VERO ESTATES, LLC's REQUEST TO AMEND THE TEXT OF THE POLICY 5.6 OF THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 10. C.2.B.NOTICE OF SCHEDULED PUBLIC HEARING APRIL 9, 2013: NORTH COUNTY CHARTER ELEMENTARY SCHOOL'S REQUEST TO REZONE ±0.94 ACRES FROM CH, HEA VY COMMERCIAL DISTRICT, TO CL, LIMITED COMMERCIAL DISTRICT - THE SUBJECT PROPERTY IS LOCATED ON OLD DIXIE HIGHWAY, APPROXIMATELY 700 FEET NORTH OF 65'' STREET (QUASI-JUDICIAL) The Chairman read the notices into the record. Commissioner Zorc announced that the Indian River Lagoon Symposium is scheduled for March 26, 2013, at 8:00 a.m., in the County Commission Chambers, with topics to include the lagoon's history and health, as well as potential solutions to a healthier lagoon; and that individuals can register at www.ircgov.com. 11. COUNTY ADMINISTRATOR MATTERS - NONE March 19, 2013 16 43. PG 63 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT 12.A.1. CONSIDERATION OF REGULATIONS LIMITING THE SIZE OF COMMERCIAL VEHICLES AND RECREATIONAL VEHICLES PARKED OUTSIDE IN RESIDENTIAL AREAS Planning Director Stan Boling recalled that on February 5, 2013, Ron Heen had appeared before the Board requesting that the County change its Land Development Regulations (LDRs) to allow commercial vehicles taller than nine feet to be parked outside in residential areas, and staff was directed to evaluate the commercial vehicle regulations. Using a PowerPoint presentation (on file), Director Boling provided background, description, and analysis on the formal LDRs and the proposed amendment to change the commercial vehicle height limit from nine feet to nine and one-half feet, and to change the recreational vehicle (RV) length from 32 feet to an overall size of 400 square feet (length x width). MOTION WAS MADE by Commissioner Solari, SECONDED by Vice Chairman Davis, to direct staff to initiate a formal Land Development Regulation (LDR) amendment to change the existing limitation on the height of commercial vehicles parked in residential areas, and to update the current length hmit for recreational vehicles (RVs) parked in residential areas, as recommended in the memorandum of March 11, 2013. The Board clarified that Mr. Heen's truck is not more than 9.5 feet in height, and confirmed that staff did not recommend a change to the length limit of commercial vehicles, only the RV length. March 19, 2013 17 Nt 43PGfi36 The Chairman CALLED THE QUESTION and the Motion earned unanimously. 12.B. EMERGENCY SERVICES - NONE 12. C. GENERAL SERVICES - NONE 12.D. HUMAN RESOURCES - NONE 12.E. HUMAN SERVICES - NONE 12.F. LEISURE SERVICES - NONE 12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 12.H. RECREATION -NONE 12.I. PUBLIC WORKS - NONE 12.J. UTILITIES SERVICES - NONE 13. COUNTY ATTORNEY MATTERS 13.A. RESOLUTION DELEGATING TO THE COUNTY ADMINISTRATOR OR DESIGNEE THE AUTHORITY TO EXECUTE THE COUNTY'S ACCEPTANCE OF TEMPORARY EASEMENTS FOR UTILITIES WHICH WILL TERMINATE WHEN THE PROPERTY IS PLATTED DEPICTING PERPETUAL EASEMENTS Mardill 4, 2013 18 BE 143 PG 637 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved Resolution 2013-025, delegating to the County Administrator or designee the authority to execute the County's acceptance of temporary easements for utilities which will terminate when the property is platted depicting perpetual easements. 13.B. FREDERICK D. MENSING, III, AND RITA F. MENSING V. INDIAN RIVER COUNTY, PENDING IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, CASE No. 31201OCA 0 75009 AND FREDERICK D. MENSING, III V. INDIAN RIVER COUNTY, ROBERT SOLARI, GARY C. WHEELER, WESLEY S. DAVIS, PETER D. O'BRIAN [SICI, WILLIAM G. COLLINS, II, ROBERT KEATING, CHRISTOPHER N. KIRRIE, CHRISTOPHER WILLL4MKIRRIE, AND ROBERT CHESTER KIRRIE, PENDING IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, CASE No. 312012CA000976 This item TABLED to April 2, 2013, see Item 10.B.2. 13. C. PROPOSED ORDINANCE ESTABLISHING AMNESTY PROGRAM FOR CERTAIN UTILITY DELINQUENCY CHARGES - PERMISSION TO ADVERTISE FOR PUBLIC HEARING Attorney Polackwich recalled that on March 5, 2013, the Board voted to establish an amnesty program similar to the first, but running for a longer period of time, for delinquency charges incurred on service availability charges under certain conditions. He asked the Board to review the proposed amnesty ordinance and determine the amnesty period. March 19, 2013 19 1143 PG 6.3 8 • MOTION WAS MADE by Commissioner Solari, SECONDED by Chairman Flescher, to approve the proposed ordinance, establishing a five-month amnesty period; and to authorize the County Attorney's office to advertise the ordinance for public hearing and adoption on April 2, 2013, as recommended in the memorandum of March 13, 2013. Discussion ensued regarding the amnesty program and whether it would extend to individual properties that have gone through the foreclosure process. Attorney Polackwich said there is no restriction on who qualifies to take advantage of the program. Director of Utility Services Vincent Burke conveyed that staff will expand on how individuals are notified of the program. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 13.D. COBBLESTONE - CANCELLATION OF TAX DEED Attorney Polackwich provided background on the Cobblestone Subdivision (Cobblestone) situation whereby a resident had come before the Board on March 13, 2012 to present a problem regarding a tax deed that had been issued with respect to Cobblestone and the property immediately east. He revealed that the Surveyor admitted to a 20 -foot parcel error and filed an affidavit to revise the plat; and Patience Anderson -Thomas, holder of the tax deed, cancelled it in exchange for repayment of the amount she paid for the deed, interest, and attorney's fees, which payment was authonzed by the County Administrator. March 19, 2013 20 IK 143 PG 639 ON MOTION by Vice Chairman Davis, SECONDED by Chairman Flescher, the Board unanimously approved the Release, Cancellation and Termination of Tax Deed with Patience Anderson -Thomas, and authorized the Chairman to execute it on behalf of the Board, as recommended in the memorandum of March 14, 2013. DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 14. COMMISSIONER ITEMS 14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN NONE 14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 14.B.1. OPERATION OF GOLF CARTS INROSELAND Vice Chairman Davis informed the Board that Roseland residents had voiced their desire to make the Roseland area a golf cart friendly neighborhood, and wanted this brought before the Board for consideration. He wanted to know if fellow Commissioners would like him to move this request forward. MOTION WAS MADE by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, to move the residents' request forward. The Board voiced concerns over the use of golf carts in the community, as well as health and safety issues. Chairman Flescher stressed that it is still prohibited to use golf carts on access roads and roadways. March 19, 2013 21 IC 143 PG 640 The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board approved for staff to move the residents' request forward, to make the Roseland area a golf cart friendly neighborhood, as requested in the memorandum of March 13, 2013. 14. C. COMMISSIONER PETER D. O'BRYAN 14. C.1. PROPOSED BROADBAND LEGISLATION - HB 355 /SB 756 Commissioner O'Bryan reported that Florida Representative Gayle Harrell and Florida Senator Denise Grimsley had filed Bills to direct the Florida Department of Transportation (DOT) to adopt rules governing the use of the unused capacity of fiber optic network. He asked if fellow Commissioners would support directing the County Attorney to draft a letter (similar to the sample letter in the Agenda Packet) and send it in support of the Bills. ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously directed the County Attorney to draft a letter of support for HB 355 / SB 756, as requested in the memorandum of March 14, 2013. 14.D. COMMISSIONER BOB SOLARI - NONE 14.E. COMMISSIONER TIMZORC - NONE 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES DISTRICT - NONE March 19, 2013 22 IK 143p9611 15.B. SOLID WASTE DISPOSAL DISTRICT The Board reconvened as the Board of Commissioners of the Solid Waste District. Those Minutes are available separately. 15.B.1. APPROVAL OF MINUTES MEETING OF JANUARY 15, 2013 15.B.2. RELEASE OF RETAINAGE AND FINAL PAY TO COMANCO ENVIRONMENTAL CORPORATION (BID No. 2012025) • • 15.B.3. FO URTHAMENDMENT TOSWDD FEEDSTOCK SUPPLY AGREEMENT WITH INEOS NEW PLANET BIOENERGY, LLC (INPB) 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 March 19, 2011 23 BK 143 PG 642 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 1:04 p.m. ATTEST: ey R. pith, Clerk `'Toseph E Flescher, Chairman erk of Circuit Court and Comptroller Minutes Approved: APR 2 3 2013 BCC/LA/2013Minutes March 19, 2013 24 el 1i3PG643