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08/16/2011 (4)
MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, AUGUST 16, 2011 - 9 : 00 A.M. County Commission Chamber RIV Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov. com COUNTY COMMISSIONERS Bob Solari, Chairman District 5 Joseph A. Baird, County Administrator Gary C . Wheeler, Vice Chairman District 3 Alan S. Polackwich , Sr. , County Attorney Wesley S . Davis District 1 Jeffrey K. Barton, Clerk to the Board Joseph E. Flescher District 2 Peter D . O ' Bryan District 4 1 . CALL TO ORDER 9 : 00 A.M. PAGE 2 . INVOCATION Stan Boling, County Planning Director 3 . PLEDGE OF ALLEGIANCE Alan S . Polackwich, Sr. , County Attorney 4 . ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5 . PROCLAMATIONS and PRESENTATIONS A. Presentation of Florida Commission for the Transportation Disadvantaged 2011 Community Transportation Coordinator of the Year Award to Indian River County Senior Resource Association and its CEO , Karen Deigl B . Presentation of Florida Commission for the Transportation Disadvantaged 2011 Volunteer of the Year Award to Indian River County Local Coordinating Board Vice- Chairman William "Lundy" Parden ! 41 PG 203 August 16, 2011 Page 1 of 11 5• PROCLAMATIONS and PRESENTATIONS PAGE co Presentation by Linda Carlson, Cross Life International, on 2nd Annual Family Jamboree of Indian River County 1 6• APPROVAL OF MINUTES A. Meeting of June 21 , 2011 Be Meeting of July 5 , 2011 C . Meeting of July 12, 2011 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Early Learning Coalition of Indian River County (memorandum dated July 27 , 2011 ) 2-3 Be Outside Attorney Billings (memorandum dated August 1 , 2011 ) C . Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk of the Circuit Court prior to January 1 , 2010 is on file in the Office of the Clerk to the Board 8 • CONSENT AGENDA A. Approval of Warrants and Wires — July 8 , 2011 to July 14 , 2011 - (memorandum dated July 14 , 2011 ) 543 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B . Approval of Warrants and Wires — July 22 , 2011 to July 28 , 2011 (memorandum dated July 28 , 2011 ) 14 -21 C . Approval of Warrants and Wires — July 29 , 2011 to August 4 , 2011 (memorandum dated August 4 , 2011 ) 22 .29 201J ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - D . Indian River County Investment Advisory Committee Quarterly Investment Report for the Quarter Ending 06/30/2011 (memorandum dated July 22 , 201 1 ) 3042 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - E. OPEB Trust Report for the Period 10/01 / 10 through 06/30/ 11 _ (memorandum dated July 22 , 2011 ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -43 -45 - - 14 f PG 204 August 16, 2011 Page 2 of 11 N ' � F � ; N ; O ; r ' [� (74, Na �i 00 O 00 vl (� O • " "M" rte' ' " ^" o .--+ lipmo "C1 7O GVM( I '� ` OVI r IV IVVII It IV /y1 1 1 • Y yam:" IVF It e VV1 LI ViarVer VI n . w - - f' YI r rr � I TV - j + + } : i U VV r s, ' t + r , goa � 4 4) 0 , rA «S O •� �„� E p +O+ us ,� 4� t .�, C , ' 0 O : G (� O ; 0 ; O ; dR p V N ; p.i a .'m'v, cq p ~ 1 tL7 N " R�1 'o t1 N ; ; a N N , + p tai C44 ev � + ! , ° Vfl w . M " m tai t ' N 'C. 11 © 4) ," �^` Ow Am Pos: V,r Poll VVl So rip '.c+"+'i� r-' . • �" �3`.. _., �tp ' t % 1 4 ; Ic�� h+b O fii r�+ A. � ir -a}. 144 1 � '1 w 4•� or ggg,o 01 ;m4 C�* I A d u Q W . ..: C1 �✓� �i ��"i� Gi '�"C O gat* ; N w > Z `Vr Ir oil 40 .-a. 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I Ow aall uo UBL T ON "I t?ssO L i?uiuouOH PXBMV TuQwQ."T;)W pup uoTimulowd •1, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : - - Z 91 191 aoinzaS Jo SIUQA an0j4 p!qj LIlTM uolsinTQ a�piag w Avow s�lzok oiland �o wouTppdoa slauoissTuiuuoD XjunoD jo papog XjunoD .1anT21 UPIpul iuo.Ij juauuaIT� a2l siH uo 110saoQ uuoasg BuizouoH piUMV TuauuaITPU PUL uoTTUuMloozd as - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I -691 uoisiniQ uisugoand jo prig V luouza rupW jo aotljp szauoissTuuuioD XjunoD Jo pzt? og 'flunoD iani2l uUTpul uuoaj juauua.11pZd SIH uo uo.Tng TldluN 2uT.zouold pILMFJ luauuo"13Il pup uoTTruuulooid •g ���a WINJOV sNHSR03 as 8 . CONSENT AGENDA PAGE CC . Request to Convey Affordable Housing Property Back to Indian River County from Every Dream Has A Price, Inc . (memorandum dated July 27 , 20111 217 -226 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DD. Resolution Canceling Taxes on Property Acquired by the City of Fellsmere for Use in Conjunction with Adjacent Water Treatment Plant (memorandum dated July 29 , 2011 ) 227 - 233 EE. Mooney Dock License Agreement Country Club Pointe Subdivision _ (memorandum dated August 9 , 2011 ) 234 -246 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FF. Dedication of Rights- of--Way and Drainage and Utility Easements for 24th Court and 25th Avenue by Every Dream Has a Price, Inc . (memorandum dated July 26 , 2011 ) 247 -265 GG. Miscellaneous Budget Amendment 021 (memorandum dated August 9 , 2011 ) 266 -268 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - HH. Gifford Youth Activity Center, Inc . , Lease Agreement — Renewal and Replacement Fund, Maintenance and Repairs , Miscellaneous Budget Amendment 020 _ (memorandum dated August 8 , 2011 ) 269 -276 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - II . Request for Approval of a Joint Participation Agreement Between Indian River County and the Indian River County Housing Authority (memorandum dated July 29 , 2011 ) 277-281 - - - - - - - - - - - - - - - - - - - - - - - - - - JJ. Work Order No . 1 — Creech Engineers, Inc . , Indian River County Vertical Control Network (Benchmark) Densification, IRC Project No . 1050 (memorandum dated August 3 , 2011 ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 282 -294 _ - KK. The Quail Creek Subdivision — Bid # 2011012 Change Order No . 1 Final Pay and Release of Retainage, Timothy Rose Contracting, Inc . - (memorandum dated August 3 , 2011 ) 295 - 317 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LL. Library System Long Range Plan Update (memorandum dated July 20 , 2011 ) 318 - 350 MM. 2011 -2012 State Aid Application/Agreement (memorandum dated July 20 , 2011 ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ 351 -359 _ . NN. Right-of--Way Acquisition, SR AlA & 17th Street Intersection Improvements , Parcel ID #3340 -05 - 00010 - 0000 -00000 . 1 Owner : Northern Trust, N . A . Formerly known as Northern Trust of Florida, N .A . _ (memorandum dated ., gust 8 , 2011 ) 360-369 141 1' 207 August 16 , 2011 Page 5 of 11 8. CONSENT AGENDA PAGE 00 . Approval of Bid Award for IRC Bid No . 2012002 — Annual Bid for Instrument Control Tech for Water and Wastewater Utilities (memorandum dated August 8 , 2011 ) 370- 376 PP. Award of RFP No . 2011043 — Full Service Automated Teller Machine (ATM) Installation and Maintenance (memorandum dated August 1 , 2011 ) 377 -381 . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - QQ. 2011 /2012 Final Budget Hearing Schedule Change (memorandum dated August 10 , 2011 ) 382 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10 . PUBLIC ITEMS A. PUBLIC HEARINGS 1 . Grace Clark- LaPorta ' s Request for Abandonment of a Portion of 1291h Place between 81St Court and Roseland Road (memorandum dated July 18 , 2011 ) 383 -391 Legislative Be PUBLIC DISCUSSION ITEMS Please give your name and address, and then give your remarks . Please try to limit your remarks to three minutes . 1 . Request to Speak from Susan Krol Regarding Elimination of Fine of $ 1500 . 00 392 - 393 C. PUBLIC NOTICE ITEMS 1 . Notice of Scheduled Public Workshop August 23 , 2011 : A Public Workshop regarding the Indian River County Decennial Redistricting has been scheduled for Tuesday, August 23 , 2011 , at 6 : 30 p . m . The Public Workshop will be held at Sebastian City Hall, City Council Chambers, 1225 Main Street, Sebastian, Florida (memorandum dated August 9, 2011 ) 394 11 . COUNTY ADMINISTRATOR MATTERS A. Legislative Priorities (memorandum dated August 8 , 2011 ) - - - - - - - . . . . . . . . .395 - 396 BK 141 PG 2 0 8 August 16, 2011 Page 6 of 11 12 . DEPARTMENTAL MATTERS A• Community Development 1 . Condemnation, Demolition and Removal of Unsafe Structures (memorandum dated July 19 , 2011 ) 397-408 . . . . . . . . . . . . . . . . . . . . . . . . . Consideration of INEOS New Planet BioEnergy LLC ' s Proposed Amendment to Its Approved Local Jobs Grant (memorandum dated August 5 , 2011 ) 409434 . . . . . . . . . . . . . . . . 3o Consideration of Agreement Between Indian River Habitat for Humanity and Indian River County for Neighborhood Stabilization Program 3 (NSP3 ) Community Development Block Grant (CDBG) Programmatic Services and NSP3 Single-Family Purchase, Redevelopment and Sales Program Manual (memorandum dated August 9, 2011 ) 435441 4 . Request for Approval of a Resolution Urging the Florida Inland Navigation District to Address Concerns Raised by County Citizens about Dredged Material Management Area IR-2 (memorandum dated August 8 , 2011 ) 442-454 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5 . Request to Approve a Purchase of 350 Acres from Pressley Ranch, Inc . for Conservation Purposes , using Grant Funds awarded under the North American Wetlands Conservation Act (memorandum dated August 8 , 2011 ) 455 -480 6 . Consideration of Impact Fee Issues (memorandum dated August 5 , 2011 ) 481489 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . Bo Emergency Services None C , General Services None D , Human Resources None E , Human Services None HK 141 PG 249 August 16, 2011 Page 7 of 11 12 . DEPARTMENTAL MATTERS PAGE F, Leisure Services None G , Office of Management and Budget None II, Recreation None I , Public Works None J, Utilities Services 1 . Approval of Bid Award for IRC Bid No . 2011034 South Reverse Osmosis Plant Chemical System Upgrade (memorandum_ dated August 2 , 2011 ) 490495 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2. Change Order No . 1 to IRC Bid No . 2011032 to Data Flow System Inc . for Upgrade and Automation of the Reuse Distribution System UCP 4065 (memorandum_ dated August 1 , 2011 ) 496- 501 3 . Amendment # 1 to Work Order No . 26 with Geosyntec Consultants, Inc . for Ground Water Assessment and Monitoring Proposal North County Water Plant (memorandum dated July 18 , 2011 ) 502 - 510 4 . 82nd Avenue Bridge at 4th Street Force Main and Reuse Force Main Conflict, Resolution and Interchange for Lift Station No . 19 Force Main Pressure Reduction, Approval of Work Authorization No . 2010- 002-UCP 4070 , WIP No . 471 -23536 -044699- 11503 (memorandum dated July 29 , 2011 ) 511 - 515 - - - - - - - 13 . COUNTY ATTORNEY MATTERS A. Proposed Ordinance Eliminating all References to Firearms from the Code of Indian River County (memorandum dated August 1 , 2011 ) 516 - 526 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8K 141 PG 210 August 16 , 2011 Page 8 of 11 13 . COUNTY ATTORNEY MATTERS PAGE Be Purchase of Right-of-Way located at 5265 66th Avenue, Parcel 105 , Owned by the Estate of Erma Lee Lewis (memorandum dated August 2, 2011 ) 527- 541 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C . Cost Sharing Agreement Between Marsh Island and the County for Demolition of uncompleted home, Lot 15 Marsh Island Subdivision, 9250 East Marsh Island Drive (memorandum dated August 3 , 2011 ) 542 - 547 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . - . . . . . . . . . . . . . D . Cost Sharing Agreement between Indian River County and Russell J . Kelly (memorandum dated August 9, 2011 ) 548 - 555 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - E. Initial Board Review of Committee Terms Issues (memorandum dated August _l , 2011 ) 556 - 585 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F. Quasi-Judicial Proceedings (memorandum dated August 1 , 2011 ) 586 - 593 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14 . COMMISSIONERS ITEMS A. Commissioner Bob Solari, Chairman 1 . Public Records (memorandum dated August 4 , 2011 ) 594- 600 - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . - - - - 2 . Florida Trend Article (memorandum dated August 8 , 2011 ) 601 - 602 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3 . Lemonade Freedom Day (memorandum_ dated August 8 , 2011 ) 603 -609 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4. Sand Mine Buffers (memorandum_ dated August 9, 2011 ) 610 - 615 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Be Commissioner Gary C , Wheeler, Vice Chairman None C , Commissioner Wesley S . Davis 1 . Secondary Metals Recyclers (memorandum_ dated August 3 , 2011 ) 616- 627 D , Commissioner Joseph E . Flescher None Bi 141 PG 21 i August 16, 2011 Page 9 of 11 14. COMMISSIONERS ITEMS PAGE E . Commissioner Peter D . O ' Bryan 1 . Artificial Reef Study Workshop _ (memorandum_ dated August 8 , 2011 - ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 628 - - 15 . SPECIAL DISTRICTS AND BOARDS A, Emergency Services District 1 . Design/Build Contract with Barth Construction for the Renovation and Construction of Emergency Services Fire Rescue Stations (RFQ #2011036) _ (memorandum- dated August .8 ,20 IJ ) 629- 646 Be Solid Waste Disposal District 1 . Approval of Minutes Meeting of June 21 , 2011 2 . Approval of Minutes Meeting of July 12 , 2011 3 . Approval of Bid Award for IRC Bid No . 2011055 , Fencing Improvements at Indian River County Landfill Recycling Center _ (memorandum_ dated August 8 , 2011 - - -) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 647- 653 4. Request to Renew Lease by MWI Corporation (memorandum dated July 31 , 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 654-659 5 . Agreement for Processing and Recycling of Yard Waste with Consolidated Resources Recovery (memorandum dated July 31 , 2011 660 -663 6 . Waste Oil Service Agreement with FCC Environmental (memorandum dated July 31 , 2011 ) 664 -670 c , Environmental Control Board None 16 . ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based . RK 141 PG 212 August 16, 2011 Page 10 of 11 Anyone who needs a special accommodation for this meeting may contact the County ' s Americans with Disabilities Act (ADA) Coordinator at (772) 226 - 1223 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, andSaturday at 12: 00 Noon to S: 00 . m. 141 PG 213 August 16 , 2011 Page 11 of 11 JEFFREY K. BARTON Clerk to the BoardOR1pA INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF AUGUST 16 , 2011 1 . CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 . INVOCATION . . * 0 0 0 0 a 0 9 0 a 0 6 a 0 a a a a a 0 a a 0 0 0 0 0 a a a 8 a a 0 0 0 a 0 a w 0 * 0 9 0 0 0 9 0 0 a a a a a a a a a a a a a 0 a 0 a a a a a a a a a a a a a a a * a a a a a a 0 0 a 0 0 0 0 a 0 0 0 a 4 0 0 0 a a a a a 4 a 0 a 4 a 4 a a 0 4 a 0 a 4 4 a 6 1 3 . PLEDGE OF ALLEGIANCE. . a * a a a a 0 a a 0 a a a a a a 6 a a a a a 0 a a 6 a a 0 a a 0 & 0 0 0 9 9 0 9 9 0 0 0 0 5 5 5 a 0 0 0 a 0 4 5 a 0 9 0 a 0 0 0 a 5 0 0 0 a & 0 0 0 0 0 0 0 a 0 a 0 0 0 0 0 * a 0 a 0 0 0 * a a a 0 0 0 0 0 1 4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . . some . . . . . . . . . . . . . . . . . . . . . . . . . 2 MOVE: ITEM 8 . Q. Q. TO ITEM 11 . COUNTY ADMINISTRATOR MATTERS . . . . . . . . . . . at 8 6 6 . 9 . . . . . . . . . . . . . . . . . 2 DELETION: ITEM 14. A . 4. SAND MINE BUFFERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 2 5 . PROCLAMATIONS AND PRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 . A . PRESENTATION OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED 2011 COMMUNITY TRANSPORTATION COORDINATOR OF THE YEAR AWARD TO INDIAN RIVER COUNTY SENIOR RESOURCE ASSOCIATION AND ITS CEO , KAREN DEIGL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 . B . PRESENTATION OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED 2011 VOLUNTEER OF THE YEAR AWARD TO INDIAN RIVER COUNTY LOCAL COORDINATING BOARD VICE CHAIRMAN WILLIAM " LUNDY " PARDEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 . C . PRESENTATION BY LINDA CARLSON , CROSS LIFE INTERNATIONAL , ON 2" ANNUAL FAMILY JAMBOREE OF INDIAN RIVER COUNTY , a 0 6 d a a 0 d 0 a 0 9 0 0 0 a 9 * 0 a a 1 0 a 0 * 0 * a 0 a a 0 * 0 6 03 I41 PC 214 August 16 , 2011 1 kW 6 . APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 . A . MEETING OF JUNE 21 , 2011 . . . . . . . . . . . . . . . waves ass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 . B . MEETING OF JULY 5 , 2011 . . . . . . . . . . . . . . . . . . . . . . . . . area . . . . . . . . . . stag . . . . . . . . . . . . . . . . . mass mass . . . . . . . . . . . . . . . . . . . 4 6 . C . MEETING OF JULY 12 , 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 . INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARDACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 . A . EARLY LEARNING COALITION OF INDIAN RIVER COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 . 13 . OUTSIDE ATTORNEY BILLINGS . . . . . a Seagram opoodsm sea mosessues @geese@ Fosse 0 Mae some so R666 * 9096 ass 0 5 7 . C . PROOF OF PUBLICATION OF UNCLAIMED MONIES FOR CASH BONDS DEPOSITED WITH THE CLERK OF THE CIRCUIT COURT PRIOR TO JANUARY 1 , 2010 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 . CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 8 . A . APPROVAL OF WARRANTS AND WIRES — JULY 8 , 2011 TO JULY 14 , 2011 . . . . . . . . . . . . . . . . . . . 5 8 . B . APPROVAL OF WARRANTS AND WIRES — JULY 22 , 2011 TO JULY 282 2011 . 960 . . . . . . . . . . . . . 6 8 . C . APPROVAL OF WARRANTS AND WIRES — JULY 29 , 2011 TO AUGUST 4 , 2011 . . . . . . . . . . . . . : 6 8 . D . INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 305 2011 baseman . . . see . . . . . . . seems . . . . . 6 8 . E . OPEB TRUST REPORT FOR THE PERIOD OCTOBER 1 , 2010 THROUGH JUNE 30 , 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . reversed see . . . . . . . . . . . . . . . pop PRO . . . . . . . bad . . . . . . see mine 7 8 . F . QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT COSTS IN ACCORDANCE WITH 318 . 18 ( 13 ) FLORIDA STATUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 . G . DORI SLOSBERG DRIVER EDUCATION SAFETY ACT — INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND . . a 9 4 0 a 4 0 0 & a & a a 0 0 a 9 a 9 9 5 a 0 9 0 0 A a & a a 0 0 a 0 0 a 0 f 0 0 0 a 0 a 0 a a d 0 0 4 0 0 0 0 67 8 . 1-1 . RECOMMENDATION OF AWARD FOR CONTINUING ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES FOR CIVIL AND ENVIRONMENTAL ENGINEERINGPROJECTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . twosome moose . . . . . . seems . . see emerge Sobel . n 8 8 . I . RELEASE OF RETAINAGE — WORK ORDER NO . 9 , SECTOR 3 NEARSHORE SEA TURTLE MONITORING COASTAL TECHNOLOGY CORPORATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 . J . RELEASE OF RETAINAGE FOR DONADIO AND ASSOCIATES — SPATIAL NEEDS ASSESSMENT FOR SHERIFF ' S ADMINISTRATION FACILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 BK 141 FG 215 August 16 , 2011 2 8 . K . WORK ORDER NO . 13 WITH BRIDGE DESIGN ASSOCIATES , INC . , IRC PROJECT No . 0545 57TH STREET BRIDGE OVER LATERAL " A " CANAL CONSTRUCTION PHASE — RELEASE OF RETAINAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 . L . 2011 OBLIQUE AERIAL IMAGERY ACQUISITION PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 . M . V . Be DEVELOPMENT , INC . ' S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS SEGOVIA LAKES PD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 .N . TRAFFIC CONTROL DEVICE LEDGER . . . . . . . . . . . . . . so@@ * @ WON somememe momamememe 10 8 . 0 . REQUEST FOR AUTHORIZATION TO OBTAIN BIDS FOR A TENANT LEASE OF THE PRINCIPAL RESIDENCE ON THE JONES ' S PIER PROPERTY AT 7770 JUNGLE TRAIL . . . . . 10 8 . P . MISCELLANEOUS BUDGET AMENDMENT 019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 . Q . APPROVAL OF PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC ) INTERLOCAL AGREEMENT . . . . . . . . . . . . . . ad amesmommoss Done amems momomomoq mamas message see one 0 00 0 60 a based @be & at@ mass 11 8 . R . PROCLAMATION AND RETIREMENT AWARD HONORING RALPH BURON ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF MANAGEMENT & BUDGET PURCHASING DIVISION . . . . . . . 12 8 . S . PROCLAMATION AND RETIREMENT AWARD HONORING ESROM DORSETT ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD & BRIDGE DIVISION WITH THIRTY — FOUR YEARS OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 . T . PROCLAMATION AND RETIREMENT AWARD HONORING TESSA L . KOTHMAN ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SERVICES WITH NINE YEARS OF SERVICE . . me @go a mamas 0 am 00 see a * 0 me@ & @ * 0 be By no mosses as 0 we somme was a so man so am m4psomfesm 0 0 0 0 a 13 8 . U . PROCLAMATION AND RETIREMENT AWARD HONORING PETER H . MCLEOD ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BUILDING DIVISION WITH TWENTY — FOUR YEARS OF SERVICE . . . . . . . 13 8 . V . PROCLAMATION AND RETIREMENT AWARD HONORING ARTHUR ZYSKOWSKI ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH TWENTY — SIX YEARS OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8 . W . PROCLAMATION AND RETIREMENT AWARD HONORING SAMUEL BROOKE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES /FIRE RESCUE WITH TWENTY — TWO YEARS OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8K 141 PG 216 August 16 , 2011 3 80X . PROCLAMATION AND RETIREMENT AWARD HONORING JAMES MICHAEL OWENS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS VEHICLE MAINTENANCE DIVISION WITH THIRTY — SIX YEARS OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8 . Y . APPROVAL OF BID AWARD FOR IRC BID NO . 2011050 SLUDGE TANK CLEANING . . . . evemoas off 0 4 8 * 600005 poespoeaffie or goomessaass 15 8 . Z . APPROVAL OF BID AWARD FOR IRC BID No . 2011053 CENTRAL WASTEWATER ODOR CONTROL MEDIA REPLACEMENT . . . dooms & sees@ fee mass moomarsoto son a 06 moves on mass I opens * @@@ 16 8 . AA . APPROVAL OF FLO - 380C4H091000 — NEW 2010 H . U . D . FAMILY SHELTER PLUSCARE CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8 . BB . FINAL PAYMENT TO MASCI CORPORATION FOR CONVERSION OF A 16 " BRINE LINE ON 77TH STREET TO A WATER MAIN , BID NUMBER 2009064 , UCP - 3086 . . posse . . . 17 8 . CC . REQUEST TO CONVEY AFFORDABLE HOUSING PROPERTY BACK TO INDIAN RIVER COUNTY FROM EVERY DREAM HAS A PRICE , INC . 17 8 . DD . RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE CITY OF FELLSMERE FOR USE IN CONJUNCTION WITH ADJACENT WATER TREATMENT PLANT . . a a 0 a a 0 0 a a 9 a & 0 0 0 0 0 a 0 & 0 0 a a 0 MOWN @ * goose OWN * 060 ofewomwe & @@ * @onto & * @ soosomom so seats powmaeffits sea at use mass so sea ones tests 18 8 . EE . MOONEY DOCK LICENSE AGREEMENT COUNTRY CLUB POINTE SUBDIVISION . 00 . . 0 . 6 . . 18 8 . FF . DEDICATION OF RIGHTS — OF — WAY AND DRAINAGE AND UTILITY EASEMENTS FOR 24TH COURT AND 25TH AVENUE BY EVERY DREAM HAS A PRICE , INC . 19 8 . GG . MISCELLANEOUS BUDGET AMENDMENT 021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8 . HH . GIFFORD YOUTH ACTIVITY CENTER, INC . , LEASE AGREEMENT — RENEWAL AND REPLACEMENT FUND , MAINTENANCE AND REPAIRS , MISCELLANEOUS BUDGET AMENDMENT020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 8 . II . REQUEST FOR APPROVAL OF A JOINT PARTICIPATION AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE INDIAN RIVER COUNTY HOUSING AUTHORITY . . . . . . 20 8 . JJ . WORK ORDER No . 1 — CREECH ENGINEERS , INC . , INDIAN RIVER COUNTY VERTICAL CONTROL NETWORK ( BENCHMARK) DENSIFICATION , IRC PROJECT No . 1 050 . . . . . 9 . . . . . . . 00 . . . . . . . . . . . . . . . 940 . 606 . . . . . . 89 . 0 . . 0090 . 6 . 9 . 000 . 64 . 0 . 9 . 06 . 0900 . 06 . . 0000 . 4 . 80 . 890 . . . 860 . 0 . 900 . . . 0 . 21 8 . KK . THE QUAIL CREEK SUBDIVISION — BID ## 2011012 CHANGE ORDER NO . 1 FINAL PAY AND RELEASE OF RETAINAGE , TIMOTHY ROSE CONTRACTING , INC * 21 8 . LL . LIBRARY SYSTEM LONG RANGE PLAN UPDATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8 . MM . 2011 - 2012 STATE AID APPLICATION/AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ngl4lPG217 August 16, 2011 4 8 . NN . RIGHT — OF — WAY ACQUISITION , SR AIA & 17TH STREET INTERSECTION IMPROVEMENTS , PARCEL ID # 33 - 40 - 05 - 00010 - 0000 - 00000 . 1 OWNER : NORTHERN TRUST , N . A . FORMERLY KNOWN AS NORTHERN TRUST OF FLORIDA, N . A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 09a0a00090900aa4000aaa * g . . . 22 8 . 00 . APPROVAL OF BID AWARD FOR IRC BID NO . 2012002 — ANNUAL BID FOR INSTRUMENT CONTROL TECH FOR WATER AND WASTEWATER UTILITIES . . . . . . . . . . . . . . . . 23 8 . PP . AWARD OF RFP NO . 2011043 — FULL SERVICE AUTOMATED TELLER MACHINE (ATM) INSTALLATION AND MAINTENANCE . . Bases * @ mesa Goose & @ * @ ass sea @goos e mass ago am . . . . . . . . . . . . . . . . 23 8 . QQ . 2011 - 2012 FINAL BUDGET HEARING SCHEDULE CHANGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES — NONE a 0 0 9 a a 0 a a 4 8 0 9 0 8 25 10 . PUBLIC ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 10 . A . PUBLIC HEARINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 10 . A . 1 . GRACE CLARK — LAPORTA ' S REQUEST FOR ABANDONMENT OF A PORTION OF 129TH PLACE BETWEEN 81ST COURT AND ROSELAND ROAD (LEGISLATIVE) . . . . . . . . . . . . . . 25 10 . B . PUBLIC DISCUSSION ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 10sB . I . REQUEST TO SPEAK FROM SUSAN KROL REGARDING ELIMINATION OF FINE OF $ 1500 . 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ass . . . . . . . . mesa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ve@see a a a a a a0aaaavaa0aa0a00a0026 10 . C . PUBLIC NOTICE ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 10 . C . 1 . NOTICE OF SCHEDULED PUBLIC WORKSHOP AUGUST 23 , 201 1 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 A PUBLIC WORKSHOP REGARDING THE INDIAN RIVER COUNTY DECENNIAL REDISTRICTING HAS BEEN SCHEDULED FOR TUESDAY , AUGUST 23 , 2011 , AT 6 : 30 P . M . THE PUBLIC WORKSHOP WILL BE HELD AT SEBASTIAN CITY HALL , CITY COUNCIL CHAMBERS , 1225 MAIN STREET, SEBASTIAN , FLORIDA . . . . . . . . . . . . . . . . . . . 28 11 . COUNTY ADMINISTRATOR MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * some ass 0 * 29 11 . A . 1 . LEGISLATIVE PRIORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 12 . DEPARTMENTAL MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 12 . A . COMMUNITY DEVELOPMENT . . . . . @ * @fee @stove ago assesses to 0 0 a ff a & A 9 4 0 a a a a 0 a 6 0 0 0 4 a 4 4 a a 4 0 0 0 9 9 1 0 0 a 1 9 a 0 a 0 0 9 0 0 0 0 a a a 030 12 . A . 19 CONDEMNATION , DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES . . a a a a a 9009d9aaa030 8X I41 PG 218 August 16 , 2011 5 5 12 . A . 2 . CONSIDERATION OF INEOS NEW PLANET BIOENERGY LLC ' S PROPOSED AMENDMENT TO ITS APPROVED LOCAL JOBS GRANT . . some@ * @ see too me memo mouse asoosegagnme * 0084 woo 3 1 12 . A . 3 CONSIDERATION OF AGREEMENT BETWEEN INDIAN RIVER HABITAT FOR HUMANITY AND INDIAN RIVER COUNTY FOR NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3 ) COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG ) PROGRAMMATIC SERVICES AND NSP3 SINGLE — FAMILY PURCHASE , REDEVELOPMENT AND SALES PROGRAM MANUAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 12 . A . 4 . REQUEST FOR APPROVAL OF A RESOLUTION URGING THE FLORIDA INLAND NAVIGATION DISTRICT TO ADDRESS CONCERNS RAISED BY COUNTY CITIZENS ABOUT DREDGED MATERIAL MANAGEMENT AREA IR- 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 12 . A . 5 . REQUEST TO APPROVE A PURCHASE OF 350 ACRES FROM PRESSLEY RANCH , INC . FOR CONSERVATION PURPOSES , USING GRANT FUNDS AWARDED UNDER THE NORTH AMERICAN WETLANDS CONSERVATION ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . A . 6 . CONSIDERATION OF IMPACT FEE ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 12 . B . EMERGENCY SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 12 . C . GENERAL SERVICES an NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 12 . D . HUMAN RESOURCES an NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 12 . E . HUMAN SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 12 . F . LEISURE SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 12 . G . OFFICE OF MANAGEMENT AND BUDGET — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 12 . H . RECREATION an NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 12 . I . PUBLIC WORKS — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 12 . J . UTILITIES SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 12 . J . 1 . APPROVAL OF BID AWARD FOR IRC BID NO . 2011034 SOUTH REVERSE OSMOSIS PLANT CHEMICAL SYSTEM UPGRADE . . . . . . . . . . . . . * fees mom & @ 6 a @ * few 0 8 & & 0 * a 4 v a 0 a 0 0 a 0 0 0 a 0 a a a 6 0 40 12 . J . 2 . CHANGE ORDER NO . 1 TO IRC BID NO . 2011032 TO DATA FLOW SYSTEM INC . FOR UPGRADE AND AUTOMATION OF THE REUSE DISTRIBUTION SYSTEM UCP 4065 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 12 . J . 3 . AMENDMENT # 1 TO WORK ORDER NO . 26 WITH GEOSYNTEC CONSULTANTS , INC . FOR GROUND WATER ASSESSMENT AND MONITORING PROPOSAL NORTH COUNTYWATER PLANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 12 . J . 4 . 82ND AVENUE BRIDGE AT 4TH STREET FORCE MAIN AND REUSE FORCE MAIN CONFLICT , RESOLUTION AND INTERCHANGE FOR LIFT STATION NO . 19 FORCE MAIN PRESSURE REDUCTION, APPROVAL OF WORK AUTHORIZATION No . 2010 - 002 -UCP 4070 , WIP No . 471 -23536 - 044699 - 11503 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 lw 44I PG 219 August 16 , 2011 6 13 . COUNTY ATTORNEY MATTERS 43 13 . A . PROPOSED ORDINANCE ELIMINATING ALL REFERENCES TO FIREARMS FROM THE CODE OF INDIAN RIVER COUNTY . . . . . . . . . . . . . . . . . somonom 0006068806 goo 0 * 090040465 of@@ 43 13 . B . PURCHASE OF RIGHT — OF — WAY LOCATED AT 5265 66TH AVENUE , PARCEL 105 , OWNED BY THE ESTATE OF ERMA LEE LEWIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 13 . C . COST SHARING AGREEMENT BETWEEN MARSH ISLAND AND THE COUNTY FOR DEMOLITION OF UNCOMPLETED HOME , LOT 15 MARSH ISLAND SUBDIVISION , 9250 EAST MARSH ISLAND DRIVE . . . games 009 * 90sodom OEM memo@@@ Mbomou BONN me @gas Soso & Devout@ arm a asestmop000mP45 13 . D . COST SHARING AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RUSSELL J . KELLY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 13 . E . INITIAL BOARD REVIEW OF COMMITTEE TERMS ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 13 . F . QUASI — JUDICIAL PROCEEDINGS . 0 0 a a 0 0 D 0 9 a a 0 0 am 0 a 9 5 a 9 0 0 a a a a a 0 a R 4 8 a a 0 4 a o 0 a a a 0 a a a 0 a 0 9 0 o 0 a a a a p 0 a a 0 0 0 0 a 0 0 4 8 14 . COMMISSIONER ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 50 ' 14 . A . COMMISSIONER BOB SOLARI , CHAIRMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 14 . A . 1 . PUBLIC RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 14 . A . 2 . FLORIDA TREND ARTICLE . . . . . Deaver@ moves so@ 000 * * * use mosses@ 00 Best a floor * * Devoe@ memos P 50 14 . A . 3 . LEMONADE FREEDOM DAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 14 . A . 4 . SAND MINE BUFFERS on DELETED . . . . . . . . . . . . . . . . Be Palma Salomon was see @ * a@ 660 * 06a as seem Osseo as 51 14 . B . COMMISSIONER GARY C . WHEELER , VICE CHAIRMAN — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 14 . C . COMMISSIONER WESLEY S . DAVIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 14 . C . 1 . SECONDARY METALS RECYCLERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 t 14 . D . COMMISSIONER JOSEPH E . FLESCHER be, NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 14 . E . COMMISSIONER PETER D . O ' BRYAN52 14 . E . 1 . ARTIFICIAL REEF STUDY WORKSHOP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 15 . SPECIAL DISTRICTS AND BOARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 15 . A . EMERGENCY SERVICES DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 15 . A . 1 . DESIGN/BUILD CONTRACT WITH BARTH CONSTRUCTION FOR THE RENOVATION AND CONSTRUCTION OF EMERGENCY SERVICES FIRE RESCUE STATIONS (RFQ # 201103 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 15 . B . SOLID WASTE DISPOSAL DISTRICT . . . . . . 00006 Ego Mopes@ @ * a goo mom moves as@ * & ad mom moo poessage * ease goo 54 15 . B . 1 . APPROVAL OF MINUTES MEETING OF JUNE 211 2011 54 15 . B . 2 . APPROVAL OF MINUTES MEETING OF JULY 125 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 BK 141 PG 220 August 16 , 2011 7 15 . B . 3 . APPROVAL OF BID AWARD FOR IRC BID NO . 2011055 , FENCING IMPROVEMENTS AT INDIAN RIVER COUNTY LANDFILL RECYCLING CENTER . . . . . . gobs as 54 15 . B . 4 . REQUEST TO RENEW LEASE BY MWI CORPORATION . . a a 8 6 a a 0 a a 0 G 5 @a 5 am 0 * & Mae moofewnes 0 & some a @ * fees 54 15 . B . 5 . AGREEMENT FOR PROCESSING AND RECYCLING OF YARD WASTE WITH CONSOLIDATED RESOURCES RECOVERY . . . . 0 comes buseves @ * * * * Massa room 055 15 . B . 6 . WASTE OIL SERVICE AGREEMENT WITH FCC ENVIRONMENTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 15 . C . ENVIRONMENTAL CONTROL BOARD — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 16 . ADJOURNMENT. a 0 a 1 5 5 a 0 4 1 a a a a @gas we * * 0 # 06009 one@@ 0 * 0 * be a * @@ so M * mfff6 * $ # * v @068609 # S068 as so & woo 0 a ant * 55 BK 141 PG 22 1 August 16 , 2011 8 4�i��R CO v JEFFREY K. BARTON Z `' Clerk to the Board �LORIOp' August 16, 2011 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers , 1801 27"' Street, Vero Beach, Florida, on Tuesday, August 16 , 2011 . Present were Chairman Bob Solari , Vice Chairman Gary C . Wheeler, and Commissioners Wesley S . Davis, Joseph E . Flescher, and Peter D . O ' Bryan. Also present were County Administrator Joseph A . Baird, County Attorney Alan S . Polackwich, Sr. , and Deputy Clerk Maureen Gelfo . 1 . CALL TO ORDER Chairman Solari called the meeting to order at 9 : 00 a. m . 2 . INVOCATION County Planning Director Stan Boling delivered the Invocation . 3 . PLEDGE OF ALLEGIANCE County Attorney Alan S . Polackwich, Sr . , led the Pledge of Allegiance to the Flag . August 16, 2011 1 "K 14 1 PG 2 2 2 4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Solari requested the following changes to today ' s Agenda. MovE • ITEM 8 00 09 TO ITEM 11 COUNTYADMINISTRATOR MATTERS DELETION: ITEM 14. A . 4. SAND MINE BUFFERS ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved the Agenda as amended. 5 . PROCLAMATIONS AND PRESENTATIONS 5 .A. PRESENTATION OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED 2011 COMMUNITY TRANSPORTATION COORDINATOR OF THE YEAR AWARD TO INDIAN RIVER COUNTY SENIOR RESOURCE ASSOCIATION AND ITS CEO , KAREN DEIGL Chairman Solari read and presented the Proclamation and Award to Senior Resource Association President and CEO Karen Deigl . August 16 , 2011 2 141 PG 223 5 .8 . PRESENTATION OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED 2011 VOLUNTEER OF THE YEAR AWARD TO INDIAN RIVER COUNTY LOCAL COORDINATING BOARD VICE CHAIRMAN WILLIAM " LUNDY" PARDEN Chairman Solari read and presented the Proclamation to William Lundy Parden, Vice President. S . C . PRESENTATION BY LINDA CARLSON, CROSS LIFE INTERNATIONAL, ON 2ND ANNUAL FAMILY JAMBOREE OF INDIAN RIVER COUNTY Don Burzynski, CEO , Cross Life, presented a brief overview of the Cross Life Counseling Center, and background information on the Annual Family Jamboree . Linda Carlson, Event Coordinator, provided a handout (copy on file) to the Board, and outlined the details of the 2°a Annual Family Jamboree of Indian River County to be held on Saturday, October 8 , 2011 , from 11 a. m . to 8 p . m . She related that the event is affordable, with no admission or parking fees, and that the vendors are limited to County residents . She recapped the success of the 1St Annual Family Jamboree, and asked the Board to become a corporate sponsor, help publicize the event, and consider assisting with fairgrounds rental costs . Administrator Baird reported that information and a link to the event would be posted at the County ' s website . August 16 , 2011 3 ON 14 1 PG 2 2 4 i 6 . APPROVAL OF MINUTES 6 .A. MEETING OF JUNE 21 , 2011 The Chairman asked if there were any corrections or additions to the Minutes of the Meeting of June 21 , 2011 . There were none . ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis , the Board unanimously approved the Minutes of the Meeting of June 21 , 2011 , as written . 6 .B . MEETING OF JULY 5 , 2011 6 . C . MEETING OF JULY 129 2011 The Chairman asked if there were any corrections or additions to the Minutes of the Meetings of July 5 , 2011 and July 12 , 2011 . There were none . ON MOTION by Commissioner O ' Bryan, SECONDED by Vice Chairman Wheeler, the Board unanimously approved the Minutes of the Meetings of July 5 , 2011 and July 12 , 2011 , as written. August 16 , 2011 4 141 PG 2 2 `� t 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. EARLY LEARNING COALITION OF INDIAN RIVER COUNTY Noted for the record was the appointment of Louise Hubbard as the Indian River County representative to the Early Learning Coalition. 7.B . OUTSIDE ATTORNEY BILLINGS Noted for the record was the amount of $ 1 , 973 . 35 invoiced to the County by outside attorney Bush Ross, P . A . (general bankruptcy advice) and $ 5 , 170 . 00 to Attorneys Messer, Caparello & Self, P . A . (general utilities advice) . 7 . C . PROOF OF PUBLICATION OF UNCLAIMED MONIES FOR CASH BONDS DEPOSITED WITH THE CLERK OF THE CIRCUIT COURT PRIOR TO JANUARY 1 , 2010 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 . CONSENT AGENDA 8 .A. APPROVAL OF WARRANTS AND WIRES - JULY 8 , 2011 TO JULY 149 2011 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of July 8 , 2011 to July 14, 2011 , as requested in the memorandum of July 14 , 2011 . August 16 , 2011 5 8K 14 1 PG 2 21 83APPROVAL OF WARRANTS AND WIRES - .JULY 22 , 2011 TO JULY 28 2011 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of July 22 , 2011 to July 28 , 2011 , as requested in the memorandum of July 28 , 2011 . 8. 0 APPROVAL OF WARRANTS AND WIRES - JULY 299 2011 TO AUGUST 41 2011 ON MOTION by Commissioner Davis, SECONDED by wo Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of July 29 , 2011 to August 4 , 2011 , as requested in the memorandum of August 4, 2011 . 8 .D . INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING JUNE 3092011 ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously accepted the Investment Advisory Committee Quarterly Report for the period of April 1 , 2011 through June 30 , 2011 , as recommended in the memorandum of July 22 , 2011 . August 16 , 2011 6 RK 14 1 PG 227 8 .E . OPEB TRUST REPORT FOR THE PERIOD OCTOBER 1 2010 THROUGH v JUNE 30 , 2011 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously accepted the OPEB (Other Post-Employment Benefits) Trust Report, as recommended in the memorandum of July 22 , 2011 . 8 .F. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT COSTS IN ACCORDANCE WITH 318 . 18 (13) FLORIDA STATUTES ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously accepted the Quarterly Summary Report for Assessment of Additional Court Costs for the quarter ending June 2011 , as recommended in the memorandum of July 22, 2011 . 8 . G. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT — INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously accepted the Statement of Revenues, Expenditures and Changes in Fund Balances for the Traffic Education Program, from the inception of the fee (October 1 , 2002) through June 30, 2011 , as recommended in the memorandum of July 18 , 2011 , August 16, 2011 7 PG228 8 .H. RECOMMENDATION OF AWARD FOR CONTINUING ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES FOR CIVIL AND ENVIRONMENTAL ENGINEERING PROJECTS ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved : ( 1 ) the Request for Qualifications (RFQ) Selection Committee ' s ranking ; and (2) authorized the Chairman to execute the Continuing Service Agreement for Environmental and Biological Support Services with G . K. Environmental, Inc . , as recommended in the memorandum of July 13 , 2011 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 *1e RELEASE OF RETAINAGE — WORK ORDER NO . 9 , SECTOR 3 NEARSHORE SEA TURTLE MONITORING COASTAL TECHNOLOGY CORPORATION ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the release of retainage for Work Order No . 9 , Coastal Technology Corporation ' s Invoice No . 184017 , in the amount of $ 900 . 50 , as recommended in the memorandum of July 25 , 2011 . August 16 , 2011 8 BK 14 1 PG 229 B .J. RELEASE OF RETAINAGE FOR DONADIO AND ASSOCIATES — SPATIAL NEEDS ASSESSMENT FOR SHERIFF ' S ADMINISTRATION FACILITY ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the release of retainage amount of $ 8 , 532 . 92 to Donadio and Associates, Architects , P . A . , for the Sheriff' s Master Plan and Space Needs Study, as recommended in the memorandum of July 19, 2011 . 8 .K. WORK ORDER NO. 13 WITH BRIDGE DESIGN ASSOCIATES INC . IRC PROJECT NO. 0545 57TH STREET BRIDGE OVER LATERAL "A" CANAL CONSTRUCTION PHASE — RELEASE OF RETAINAGE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved payment of Bridge Design Associates, Inc . Invoice No . 05 - 619F/R dated July 6 , 2011 , in the amount of $2 ,413 . 75 for final release of retainage for Work Order No . 13 , as recommended in the memorandum of July 18 , 2011 . 8 . L. 2011 OBLIQUE AERIAL IMAGERY ACQUISITION PROJECT ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved : ( 1 ) the 2011 Oblique Aerial Imagery Acquisition Project, as outlined in Schedule A in the amount of $ 109 ,200 . 00 ; and (2) authorized the Chairman August 16 , 2011 9 ! 4 1 PG 2 3 to execute the schedules and related documents , as recommended in the memorandum of August 1 , 2011 . DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 M. V. B . DEVELOPMENT , INC. ' S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS SEGOVIA LAKES PD ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously granted final plat approval for the Segovia Lakes Planned Development (PD) , as recommended in the memorandum of July 25 , 2011 . 8 .N. TRAFFIC CONTROL DEVICE LEDGER ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2011 -051 approving traffic control devices authorized by the Director of Public Works . 860o REQUEST FOR AUTHORIZATION TO OBTAIN BIDS FOR A TENANT LEASE OF THE PRINCIPAL RESIDENCE ON THE JONES ' S PIER PROPERTY AT 7770 JUNGLE TRAIL ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously authorized staff to solicit bids for rental of the principal residence (only) on the Jones ' s Pier property by a August 16, 2011 10 D.K. 141 PG 2 31 qualified tenant, as more particularly described in the bid documents, as recommended in the memorandum of August 9 , 2011 . 8 .P. MISCELLANEOUS BUDGET AMENDMENT 019 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2011 -052 , amending the Fiscal Year 2010- 2011 budget. 3 8 . Q. APPROVAL OF PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) INTERLOCAL AGREEMENT ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved the Public Safety Interoperable Communications (PSIC) Interlocal Agreement, as recommended in the memorandum of June 1 , 2011 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 141 PG 2 3; August 16 , 2011 11 8 .R. PROCLAMATION AND RETIREMENT AWARD HONORING RALPH BURON ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF MANAGEMENT & BUDGET PURCHASING DIVISION ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Retirement Award and Proclamation honoring Ralph Buron on his retirement from the Indian River County Office of Management & Budget Purchasing Division. B . S . PROCLAMATION AND RETIREMENT AWARD HONORING ESROM DORSETT ON HIS RETIREMENT FROM INDL&N RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD & BRIDGE DIVISION WITH THIRTY-FOUR YEARS OF SERVICE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Retirement Award and Proclamation honoring Esrom Dorsett on his retirement from the Indian River County Department of Public Works Road & Bridge Division . 00 141 PG 233 August 16, 2011 12 8 . T. PROCLAMATION AND RETIREMENT AWARD HONORING TESSA L. KOTHMAN ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SERVICES WITH NINE YEARS OF SERVICE 1 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Retirement Award and Proclamation honoring Tessa L . Kothman on her retirement from the Indian River County Department of Utility Services . Ir 8 .U. PROCLAMATION AND RETIREMENT AWARD HONORING PETER H. MCLEOD ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BUILDING DIVISION WITH TWENTY- FOUR YEARS OF SERVICE ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved the Retirement Award and Proclamation honoring Peter H . McLeod on his retirement from the Indian River County Building Division, August 16 , 2011 13 6K 14 1 rb 2 3 4 8 .V. PROCLAMATION AND RETIREMENT AWARD HONORING ARTHUR ZYSKOWSKI ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH TWENTY-SIX YEARS OF SERVICE ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved the Retirement Award and Proclamation honoring Arthur Zyskowski on his retirement from the Indian River County Department of Emergency Services/Fire Rescue . 8 .W, PROCLAMATION AND RETMEMENT AWARD HONORING SAMUEL BROOKE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH TWENTY-TWO YEARS OF SERVICE ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved the Retirement Award and Proclamation honoring Samuel Brooke on his retirement from the Indian River County Department of Emergency Services/Fire Rescue . August 16, 2011 14 BK 14 1 PG 2 35 ' 1 8 .X. PROCLAMATION AND RETIREMENT AWARD HONORING .TAMES MICHAEL OWENS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS VEHICLE MAINTENANCE DIVISION WITH THIRTY- SIX YEARS OF SERVICE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Retirement Award and Proclamation honoring James Michael Owens on his retirement from the Indian River County Department of Public Works Vehicle Maintenance Division. ' i 8 .Y. APPROVAL OF BID AWARD FOR IRC BID NO. 2011050 SLUDGE TANK CLEANING ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously : ( 1 ) approved the Bid Award to SWS Environmental Services as the lowest most responsive and responsible bidder, meeting the specifications as set forth in the Invitation to Bid; (2) approved the sample agreement; and (3 ) authorized the Chairman to execute said agreement after receipt and approval of the required Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency, as recommended in the memorandum of August 8 , 2011 . ` l AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD August 16 , 2011 15 y 8 . Z. APPROVAL OF BID AWARD FOR IRC BID No. 2011053 CENTRAL WASTEWATER ODOR CONTROL MEDIA REPLACEMENT ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved : ( 1 ) the Bid Award to Biorem Environmental, Inc . as the lowest most responsive and responsible bidder, meeting the specifications as set forth in the Invitation to Bid; (2) approved the sample agreement ; and (3 ) authorized the Chairman to execute said agreement after receipt and approval of the required Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency, as recommended in the memorandum of August 9 , 2011 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 .AA. APPROVAL OF FLO-380C4H091000 - NEw 2010 H. U.D . FAMILY SHELTER PLUS CARE CONTRACT ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved : ( 1 ) the new 2010 Shelter Plus Care Contract with the U . S . Department of Housing and Urban Development (HUD) ; (2) authorized the Chairman to execute the Contract accordingly ; and (3 ) allowed the Treasure Coast Homeless Services Council to submit the grant contract on behalf of the County, as recommended in the memorandum of August 8 , 2011 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD August 16 , 2011 16 8K 14 1 PG 2 3 7 8 .BB . FINAL PAYMENT TO MASCI CORPORATION FOR CONVERSION OF A 16" BRINE LINE ON 77TH STREET TO A WATER MAIN, BID NUMBER 2009064 , UCP-3086 ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved Final Payment to the Masci Corporation in the amount of $ 9 , 016 . 08 for construction associated with this project. The final payment of $ 9 , 016 . 08 will release the retainage and complete the County ' s obligations to the contractor, as stated and recommended in the memorandum of July 11 , 2011 . i 8 . CC . REQUEST TO CONVEY AFFORDABLE HOUSING PROPERTY BACK TO INDIAN RIVER COUNTY FROM EVERY DREAM HAS A PRICE , INC . ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously : ( 1 ) accepted the Quit- Claim Deed from Every Dream Has A Price, Inc . conveying to the County, Lot 8 , Block 5 , Spruce Park Subdivision, 4265 24ffi Court ; and (2) IT authorized the Chairman to execute same indicating acceptance by the County, as recommended in the memorandum of July 27 , 2011 . DEED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD a MORA 3 A 141 PG 238 August 16 , 2011 17 " ' 8 .DD . RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE CITY OF FELLSMERE FOR USE IN CONJUNCTION WITH ADJACENT WATER TREATMENT PLANT ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2011 -053 , cancelling certain taxes upon publicily owned lands , pursuant to Section 196 . 28 , Florida Statutes . (Wayne Yates a/k/a/ Roy Wayne Yates) 8 . EE . MOONEY DOCK LICENSE AGREEMENT COUNTRY CLUB POINTE SUBDIVISION ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously : ( 1 ) approved immediate termination of the License Agreement with Robert G . Mooney III and Stefanie M . Mooney ; (2) authorized the Chairman to execute the Termination/Revocation of License Agreement for recordation in the public records of Indian River County; (3 ) agreed to provide a recorded copy of the Termination/Revocation of License Agreement to the Mooneys at their last known address ; and (4) authorized the County Attorney ' s Office to offer a similar License Agreement for the dock and space to the next interested Country Club Pointe resident from the waiting list on file with the County Attorney ' s Office, with the condition that the delinquent fees are brought current by the new BK 141 PG 239 August 16, 2011 18 licensee , all as recommended in the memorandum of August 9 , 2011 . l AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 .FF . DEDICATION OF RIGHTS-OF-WAY AND DRAINAGE AND UTILITY rs EASEMENTS FOR 24TH COURT AND 25TH AVENUE BY EVERY DREAM HAS A PRICE , INC . ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously : ( 1 ) approved and accepted the dedications from Every Dream Has A Price, Inc . , of the rights-of-way and drainage and utility easements along 24th Court and 25th Avenue ; and (2) authorized the Chairman to execute the documents on behalf of the Board, as recommended in the memorandum of July 26 , 2011 _t . i 8 . GG . MISCELLANEOUS BUDGET AMENDMENT 021 A ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2011 -054, amending the Fiscal Year 2010. 2011 Budget. i i i August 16 , 2011 19 noun 1 4 1 PG Z 4 Q "f 8 .HH. GIFFORD YOUTH ACTIVITY CENTER9 INCaq LEASE AGREEMENT — RENEWAL AND REPLACEMENT FUND, MAINTENANCE AND REPAIRS, MISCELLANEOUS BUDGET AMENDMENT 020 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved : ( 1 ) reimbursement to the Gifford Youth Activity Center in the amount of $48 , 500 to be used for the roof replacement; and (2) Resolution 2011 =055, amending the Fiscal Year 2010-2011 Budget. 8 . II. REQUEST FOR APPROVAL OF A JOINT PARTICIPATION AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE INDIAN RIVER COUNTY HOUSING AUTHORITY ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved and authorized the Chairman to execute the proposed Joint Participation Agreement with the Indian River County Housing Authority, for Rental Assistance ( Section 8) Program activities under the Neighborhood Stabilization Program (NSP), as recommended in the memorandum of July 29 , 2011 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD August 16 , 2011 20 8K 14 1 PG 2 4 1 8 .JJ. WORK ORDER NO. 1 - CREECH ENGINEERS, INC . . INDIAN RIVER COUNTY VERTICAL CONTROL NETWORK (BENCHMARK) DENSIFICATION, IRC PROJECT No. 1050 ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved and authorized the Chairman to execute Work Order No . 1 i with Creech Engineers, Inc . , authorizing IRC Project No . J 1050 as outlined in the Scope of Services, as recommended in the memorandum of August 3 , 2011 . WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 .KK. THE QUAIL CREEK SUBDIVISION - BID # 2011012 CHANGE ORDER No . 1 FINAL PAY AND RELEASE OF RETAINAGE , TIMOTHY ROSE CONTRACTING, INC . A ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Change Order No . 1 and payment of Timothy Rose Construction, Inc . , Application for Payment No . 3 in the amount of $ 17 ,269 . 95 for final payment and release of retainage, as recommended in the memorandum of August 3 , 2011 . i 8 . LL. LIBRARY SYSTEM LONG RANGE PLAN UPDATE ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously : ( 1 ) approved the update to the Library System Long Range BK 141 PG 242 August 16 , 2011 21 i Plan; and (2) authorized return of the Plan to the Library Services Director to be forwarded to the appropriate State Library staff, as recommended in the memorandum of July 20 , 2011 . 8 .MM . 2011 -2012 STATE AID APPLICATION/AGREEMENT ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously authorized the Chairman to execute the State Aid to Libraries Grant Agreement and State Aid to Libraries Grant Application Form, and return to the Library Services Director to be forwarded to the appropriate State Library staff, , as recommended in the memorandum of July 20 , 2011 . APPLICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 . NN. RIGHT- OF-WAY ACQUISITION, SR AlA & 17TH STREET INTERSECTION IMPROVEMENTS , PARCEL ID #33 =40-05-00010 - 0000-00000 . 1 OWNER : NORTHERN TRUST, N.A. FORMERLY KNOWN AS NORTHERN TRUST OF FLORIDA, N.A. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously : ( 1 ) approved the purchase of the needed right- of--way at a price of $25 ,400 ; and (2) authorized the Chairman to execute the Purchase and Sale Agreement with Northern Trust, NA (F/K/A Northern Trust Bank of Florida N . A . ) , as recommended in the memorandum of August 8 , 2011 . August 16 2011 22 $K 14 I K7 2 4 3 `l AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. 00 . APPROVAL OF BID AWARD FOR IRC BID NO . 2012002 — ANNUAL BID FOR INSTRUMENT CONTROL TECH FOR WATER AND WASTEWATER UTILITIES ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved awarding the bid as follows : ( 1 ) award to Control Systems Design, Inc . as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid ; (2) authorized the Purchasing Division to issue blanket purchase orders for the period of October 1 , 2011 through September 30, 2012 with the recommended bidder, and (3 ) authorized the Purchasing Manager to renew this Bid for two (2) additional one ( 1 ) year periods subject to satisfactory performance, bidder acceptance, and the determination that renewal of this annual contract is in the best interest of Indian River County, as recommended in the memorandum of August 8 , 2011 . 8 . PP . AWARD OF RFP No . 2011043 — FULL SERVICE AUTOMATED TELLER MACHINE (ATM) INSTALLATION AND MAINTENANCE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously : ( 1 ) awarded the Request for Proposal (RFP) to Oculina Bank, August 16 , 2011 23 KK 141 PG 2 4 4 Vero Beach, FL as the highest ranking most responsive and responsible proposer meeting the specifications as set forth in the Request for Proposal ; (2) authorized staff to enter into a three (3 ) year agreement with the option for two, one ( 1 ) year renewals for a total of five (5 ) years ; and (3 ) authorized the Chairman to execute the agreement with Oculina Bank, which has been approved as to form and legal sufficiency by the Deputy County Attorney . The Bank Certificate of Insurance has been received and approved and is on file in the Purchasing Office, all as stated and recommended in the memorandum of August 1 , 2011 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 . 0Q . 2011 -2012 FINAL BUDGET HEARING SCHEDULE CHANGE (Clerk 's Note : This item was heard under Item 11 . County Administrator Matters and is placed here for continuity) . County Administrator Joseph Baird asked whether the Commissioners wished to reschedule the September 14 , 2011 Final Budget Hearing because the date conflicts with the Florida Shore and Beach Preservation Association Conference in Miami on September 14 — 16 , 2011 . He thereafter presented the rescheduling options for Board consideration . The Commissioners deliberated the pros and cons of rescheduling . August 16, 2011 24 BK 14 1 PG 2 4 5 The Board CONSENSUS was to retain the original Final Budget Hearing date (and time) of Wednesday, September 145 2011 at 5 : 01 p . m . 9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10 . PUBLIC ITEMS 10 .A. PUBLIC HEARINGS 10 .A. 1 . GRACE CLARK-LAPORTA ' S REQUEST FOR ABANDONMENT OF A PORTION OF 129TH PLACE BETWEEN 81ST COURT AND ROSELAND ROAD (LEGISLATIVE) Y 1Y,11 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD J 1 19 Planning Director Stan Boling used a PowerPoint Presentation (copy on file) to present description, conditions , and analysis pertaining to Grace Clark-LaPorta' s request for the County to abandon a portion of right-of-way located at 1291h Place between 81St Court and Roseland Road. He thereafter conveyed staff' s recommendation for the County to abandon the right-of- way, with the caveat of retaining a 20 ' wide drainage and utility easement over the center twenty 1 feet of the site for possible drainage or utility improvements in the future . Director Boling noted Ithat the proposed Resolution for the abandonment includes language about retaining the drainage and utility easement. °j Commissioner O ' Bryan confirmed with Director Boling that the neighboring property owners had no objections to the proposed right-of-way abandonment. t August 16 , 2011 25 BC 141 Ph 246 The Chairman opened the Public Hearing. Seeing no one, the Chairman closed the Public Hearing, ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2011 -056, providing for the closing, abandonment, vacation and discontinuance of a segment of 1291h Place lying northwest of 81St Court and lying between Lot 10, Block 12 and Lot 6 , Block 11 of the Townsite Plat of Roseland as recorded in Plat Book 1 , page 43 of the public records of St. Lucie County, as described herein, said land now lying in Indian River County, Florida. 10 .B . PUBLIC DISCUSSION ITEMS 10 .B . 1 . REQUEST TO SPEAK FROM SUSAN KROL REGARDING ELIMINATION OF FINE OF $ 1500 . 00 Susan Krol related the circumstances that had prompted her to remove three storm- damaged scrub palm trees from her property at 2055 South U . S . Highway 1 . She advised that she had spent almost $ 1 ,000 to replace the three trees that were taken out, and asked the Board to waive the Code Enforcement Board fine that had been levied against her for the tree removal . Community Development Director Robert Keating explained why the removal of the trees had constituted a code violation, and attested that the fine was consistent with the penalty section of Chapter 927 of County Code, the "Tree Protection and Land Clearing Ordinance . " Commissioner Davis advocated waiving Ms . Krol ' s fine, recalling the reasons that he had voted against the Tree Protection Ordinance . August 16, 2011 26 t 41 PG 2 4 7 MOTION WAS MADE by Commissioner Davis , i SECONDED by Vice Chairman Wheeler, to waive the $ 1500 Code Enforcement Board fine levied on Susan Krol . , 0 8 Vice Chairman Wheeler voiced his reasons for supporting the fine waiver, stressing that Ms . Krol had purchased three replacement trees and had not intentionally violated County Code . Roland DeBlois, Chief of Environmental Planning and Code Enforcement, revealed that the Code Enforcement Board had met twice on this matter, and the second time had reduced Ms . - Krol ' s fine from $ 3 ,000 to $ 1 , 500, in view of her replacement of the three original trees . ` i Commissioners O ' Bryan, Solari , and Flescher provided individual explanations on their reasons for opposing the Motion. Discussion points included concerns about granting the subject appeal despite the Code Enforcement Board ' s review and final determination, and suggestions to re-examine the Tree Protection Ordinance, including the fine structures therein. ' a Chairman Solari indicated that although he would vote against the current Motion, he y would support a Motion reducing the fine . f Joseph Paladin , President Black Swan Consulting, believed this type of situation should be handled on a case-by-case basis, and supported the fine waiver for Ms . Krol . County Administrator Joseph Baird felt that it was the duty of the Code Enforcement Board to uphold the Ordinances as written . He observed that if the Board wished to see changes, the Tree Protection Ordinance may require changes . The Chairman CALLED THE QUESTION and by a 2-3 vote (Commissioners Flescher, O ' Bryan, and Solari opposed) , the Motion failed . B ( 141 PG 248 August 16 , 2011 27 kwl ON MOTION by Vice Chairman Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved to reduce Susan Krol ' s $ 1500 Code Enforcement Board fine to $ 500 . 00 . ON MOTION by Commissioner O ' Bryan, SECONDED by Commissioner Flescher, the Board unanimously directed staff to bring back for Board review, Chapter 927 of County Code, the "Tree Protection and Land Clearing Ordinance", including the fine structure for violations . 10 . C . PUBLIC NOTICE ITEMS (Clerk 's Note : The following notification occurred during Item 4 Additions/Deletions to the Agenda/Emer eenncy Items and is placed here for continuity) . Chairman Solari reminded citizens of the upcoming public hearings regarding the 2011 - 2012 Decennial Redistricting for the five County Commissioner districts, and announced that redistricting maps were on view in the lobby . 10 . 0 . 1 . NOTICE OF SCHEDULED PUBLIC WORKSHOP AUGUST 23 , 2011 : A PUBLIC WORKSHOP REGARDING THE INDIAN RIVER COUNTY DECENNIAL REDISTRICTING HAS BEEN SCHEDULED FOR TUESDAY, AUGUST 23 , 2011 , AT 6 : 30 P.M. THE PUBLIC WORKSHOP WILL BE HELD AT SEBASTIAN CITY HALL, CITY COUNCIL CHAMBERS , 1225 MAIN STREET , SEBASTIAN, FLORIDA Attorney Alan S . Polackwich, Sr. read the notice into the record. BK 141 PG 249 August 16 , 2011 28 1 1 . COUNTY ADMINISTRATOR MATTERS 11 .A. 1 . LEGISLATIVE PRIORITIES Administrator Baird reported that staff has begun compiling a list of items to be brought '1 up at the 2012 State Legislative Session, as follows : CIA • Trim Notices — Separate the Constitutional Officers . • Community Redevelopment Agencies (CRA) — The County should receive a greater percentage of CRA Funds to assist in providing Government services . >i `, • Florida Retirement System (FRSE — The Legislature needs to look at maintaining the low rates in view of a proposed significant increase in July 2012 . • Florida Statutes Chapter 720 Homeowners Associations (HOA) — Strengthen the law governing Homeowners Associations to ensure proper maintenance of the common areas • Defined Contribution Plan for New Employees - Mandate a defined contribution plan for all new employees in the FRS retirement plan . Administrator Baird invited the Commissioners to keep him abreast of any additions to the list. He thereafter responded to concerns expressed by Commissioner Davis about the proposed increase in the FRS rates . `n Chairman Solari remarked on the State mandates that required many County departments to prepare and submit lengthy reports , and asked for ideas on eliminating or reducing those 5 4 documents . He also wanted to explore the possibility of having any extensive data put on CD to reduce expensive mailings . s Commissioner Davis suggested that department heads who produce a State-mandated report every 12 months or less should analyze the value of the reports . MIR August 16 , 2011 29 ER 141 PG 250 12 . DEPARTMENTAL MATTERS 12 .A. COMMUNITY DEVELOPMENT 12 .A. 1 . CONDEMNATION9 DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES Jose Guanch, Building Official, provided background conditions and analysis pertaining to two structures proposed for demolition, located at 9250 East Marsh Island Drive and 4855 34th Avenue, respectively . He recalled that the Marsh Island Homeowners Association had volunteered to pay 50 % of the demolition costs for the East Marsh Island Drive structure (approved at the June 21 , 2011 Board of County Commission meeting), and presented staff' s recommendation for demolition of both structures . A brief discussion ensued as Mr. Guanch, with input from Deputy County Attorney William DeBraal, provided further details on the East Marsh Island Drive property, which is currently in foreclosure . Attorney Polackwich explained why the County would be unlikely to recover the costs if a lien is recorded on the property. Mr. Guanch confirmed for the Commissioners that the demolition of the East Marsh Island Drive structure would include removal of the slab . ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2011 -057, providing for the demolition of unsafe structures and the recovery of costs . Shoquist, 9250 E. Marsh Island Drive; Clark, 4855 34`h Avenue August 16 , 2011 30 M 14 I PG 25 1 12 .A. 2 . CONSIDERATION OF INEOS NEW PLANET BIOENERGY LLC ' S PROPOSED AMENDMENT TO ITS APPROVED LOCAL JOBS GRANT Director Keating provided background, conditions, and analysis regarding the request of INEOS New Planet BioEnergy LLC to modify its existing Local Jobs Grant, which was approved by the Board of County Commissioners on March 23 , 2010 . He outlined the 'N< differences between the current and proposed jobs grant, and relayed that in addition to requesting amendments to the Local Jobs Grant, INEOS has requested a one-year extension of its Qualified Target Industry (QTI) Grant from the State . Director Keating reported that the Economic Development Council (EDC) reviewed this matter, and along with staff, recommends Board approval of the amended Local Jobs Grant Agreement between the County and INEOS ; and the extension of the State ' s QTI Grant through adoption of the proposed Resolution (on page 416 of the Agenda Packet) . Helene Caseltine, Economic Development Director, Indian River County Chamber of Commerce, 1216 21St Street, introduced Len Vokaty with INEOS New Planet BioEnergy, LLC . Len Vokaty, Comptroller for INEOS , invited questions or comments ; none were forthcoming . MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Flescher, to approve staff' s recommendation . Commissioner Flescher attested to the progress being made by INEOS . He voiced Y support for granting the request of INEOS New Plant BioEnergy, to make the amendments to the Jobs Grant Application and to support the extension of the Qualified Target Industry (QTI) Grant . s 14 ' PG August 16 , 2011 31 ry Mr. Vokaty thanked the Board and advised that the INEOS New Planet BioEnergy facility was scheduled for completion in April 2012 . The Chairman CALLED THE QUESTION, and the Motion carried unanimously . The Board : ( 1 ) approved and authorized the Chairman to execute the amended Local Jobs Grant Agreement of up to $297 , 000 for INEOS New Plant BioEnergy LLC , after approval of the agreement by appropriate County staff and the County Attorney ' s office ; and (2) approved and authorized the Chairman to execute the approved Resolution 2011 -058 , recommending to Enterprise Florida that INEOS New Planet BioEnergy, LLC ' s Qualified Target Industry Economic Recovery Extension Application be approved pursuant to s . 288 . 106 , Florida Statutes ; and providing an appropriation of $ 33 ,000 as part of a Local Jobs Grant Program for local participation in the Qualified Target Industry Tax Refund Program for Fiscal Years 201243 ; 201344 ; 2014- 15 , 201546, 201647, 2017 - 18 , and 2018 - 19 and providing for an effective date, all as recommended in the memorandum of August 5 , 2011 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD MIK i41 PG 253 August 16 , 2011 32 12 .A.3 CONSIDERATION OF AGREEMENT BETWEEN INDIAN RIVER HABITAT FOR HUMANITY AND INDIAN RIVER COUNTY FOR NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMMATIC SERVICES AND NSP3 SINGLE-FAMILY PURCHASE , REDEVELOPMENT AND SALES PROGRAM g MANUAL i Director Keating provided background and analysis pertaining to the Neighborhood Stabilization Program 3 (NSP3 ) Community Development Block Grant (CDBG) , which will involve partnering with Habitat for Humanity to purchase and rehabilitate foreclosed/abandoned homes to sell to qualified households . He explained that the program will be funded directly by the Department of Housing and Urban Development (HUD) and presented staff' s recommendation for the Board to proceed with the NSP3 CDBG project by approving the following required documents . `" • The NSP3 Agreement with Habitat for Humanity for services related to the CDBG • The proposed NSP3 Single-Family Purchase, Redevelopment and Sales Program Manual Andy Bowler, President/CEO , Habitat for Humanity, thanked the Board and spoke to the advantages of the NSP3 Program . 5 ON MOTION by Commissioner Flescher, SECONDED Al by Commissioner Davis, the Board unanimously : ( 1 ) approved the proposed agreement with Indian River Habitat for Humanity for programmatic services related to the County ' s Neighborhood Stabilization Program 3 Community Development Block Grant; (2) approved the BK 141 PG 2 5 4 August 16 , 2011 33 proposed NSP3 Single-Family Purchase, Redevelopment and Sales Program Manual ; (3 ) authorized the Community Development Director to make modifications to the agreement and program manual that may be required by the U . S . Department of Housing and Urban Development and/or the County Attorney; and (4) authorized the Chairman to execute both the agreement and the program manual, all as recommended in the memorandum of August 9, 2011 . DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Chairman called a recess at 10: 22 a. m. and reconvened the meeting at 10: 37 a. m. , with all members present. 12 .A. 4. REQUEST FOR APPROVAL OF A RESOLUTION URGING THE FLORIDA INLAND NAVIGATION DISTRICT TO ADDRESS CONCERNS RAISED BY COUNTY CITIZENS ABOUT DREDGED MATERIAL MANAGEMENT AREA IR-2 Roland DeBlois , Chief of Environmental Planning and Code Enforcement, reported that pursuant to the Board ' s direction at the June 7, 2011 Board meeting, he was bringing forth a draft Resolution pertaining to a Florida Inland Navigation District (FIND) Project known as Dredged Material Management Area IR-2 (DMMA IR-2) at 9910 US Highway 1 (formerly Vickers Grove) . He recalled that at the June 7th meeting, FIND CEO David Roach had discussed the project, and lengthy discourse had followed as concerned citizens expressed their qualms about the project . Chief DeBlois advised that the draft Resolution was arrived at subsequent to feedback from both FIND and concerned citizens, and through his PowerPoint Presentation (copy on file) , described how the Resolution was structured . He thereafter August 16 , 2011 34 141 PG 255 presented staff' s recommendation for the Board to approve the proposed Resolution, and to afterwards provide the document to the Florida Inland Navigation District. ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2011 -059 , urging the Florida Inland Navigation District to address concerns raised by County citizens about Dredged Material Management Area IR-2 . Commissioner Davis remarked that he wished to see initiated a plan for citizens to have public access to a three- acre segment of the DMMA IR-2 site known as Duck Point; the Board agreed to explore that option . .F (Clerk 's Note : The below discussion occurred following Item 12. A . 5. and is placed here for continuity) . Renee Renzi, Waverly Place, asked if concerned citizens had been involved in the discussions regarding the FIND site . She also asked about FIND ' s choice to dredge this ' particular channel of the Intracoastal Waterway versus other sections that have a greater need to i be excavated . Chairman Solari, Commissioner Davis , and staff addressed Ms . Renzi ' s queries . 12 .A. 5 . REQUEST TO APPROVE A PURCHASE OF 350 ACRES FROM PRESSLEY a RANCH, INC . FOR CONSERVATION PURPOSES , USING GRANT FUNDS AWARDED UNDER THE NORTH AMERICAN WETLANDS CONSERVATION ACT k BK 14 1 PG 256 August 16 , 2011 35 Chief DeBlois used a PowerPoint Presentation (copy on file) to provide description and conditions regarding staff' s request for the Board to approve the purchase from Pressley Ranch, Inc . , of 350 acres located at the northwest corner of Blue Cypress Lake for conservation purposes . He stated that the purchase would be funded 100% with North American Wetlands Conservation Act (NAWCA) funds, which are administered by the United States Fish and Wildlife Services ; however, the County would pay The Conservation Fund (TCF) fees for grant writing and negotiation of the purchase fee out of County environmental land bond funds . Chief DeBlois thereafter proffered staff' s recommendation for the Board to approve the sale and purchase contract with Pressley Ranch, Inc . The Board sought additional information from Chief DeBlois regarding the purchase . MOTION WAS MADE by Commissioner Flescher, SECONDED by Commissioner Davis, to approve staff s recommendation. Chief DeBlois , with input from Attorney Polackwich, addressed a series of questions and comments posed by Bob Johnson , Coral Wind Subdivision . Additional conversation ensued as Chief DeBlois, with input from Matt Sexton, The Conservation Fund, responded to questions and observations from Commissioner Davis . The Chairman CALLED THE QUESTION, and the Motion carried . The Board unanimously : ( 1 ) approved and authorized the Chairman to execute the contract for sale and purchase of the Pressley Ranch North American Wetlands Conservation Act (NAWCA) Tract; and (2) authorized staff to proceed with due diligence and close the purchase with Pressley Ranch, as recommended in the memorandum of August 8 , 2011 . CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD MK 141 PG 2 S 7 August 16 , 2011 36 12 .A.6 . CONSIDERATION OF IMPACT FEE ISSUES Director Keating, through review of his memorandum of August 5 , 2011 , provided a synopsis of several impact fee concerns raised at the July 12 , 2011 Board of County Commission meeting by Charlie Wilson, President, Asset Research and Recovery, LLC (ARR) . Among other concerns cited, Mr . Wilson contended that the $200 cost of the impact fee refund application was too high, and that the application fee should not have to be paid when the application was initially filed . Director Keating noted that the County Attorney will be addressing the impact fee issues of a legal nature at a future meeting . Director Keating reported on the two types of impact fee refunds in the County ' s Impact Fee Ordinance : ( 1 ) Non- Commencement, when the fee payer opts not to start construction of his project; and (2) FailureAo-Expend Funds , when the County fails to spend the funds within six years of collection . He stated in light of ARR' s concerns, staff has established an application fee collection process where upfront payment is no longer required ; the fee is subtracted from the application fee refund amount . Regarding the impact fee refund application fee, staff has prepared for Board consideration a Resolution reducing the fee from $200 to $75 and recommends the Board apply the fee to both types of refunds . Director Keating thereafter provided details on a tracking mechanism that could be used to generate reports and possibly email notifications about eligibility for an impact fee refund . Chairman Solari requested that the Board keep the Motions separate for the Non- Commencement impact fee refunds and Failure-to -Expend Funds impact fee refunds . Director Keating, responding to Commissioner O ' Bryan ' s inquiries, provided staff' s definition of "non- commencement of construction, " and confirmed that the structure on Marsh Island (discussed under Item 12 . A . 1 . ) , would not qualify for an impact fee refund . Attorney Polackwich clarified that Chapter 1000 of County Code, the Impact Fee Ordinance, does not use the term "non-commencement of construction" - it talks about the BK 141 PG 258 August 16 , 2011 37 Building Permit or initial One -Year Concurrency Certificate as having been revoked, withdrawn, or expired . He stated that he would include interpretations of "non-commencement" in an upcoming presentation addressing impact fees of a legal nature . Charlie Wilson, 1057 6th Avenue, although he disagreed with their definition of "non- commencement, " supported staff' s recommendation regarding the cost of the impact fee refund applications and the timing of the payment. He reported on the system that ARR has developed to track and notify potential eligible persons, and offered ARR' s assistance with the tracking and notification process . Commissioner Davis disclosed that he might be purchasing from Mr. Wilson some data pertaining to open permits, and would abstain from voting . ON MOTION by Commissioner O ' Bryan, SECONDED by Commissioner Flescher, in association with impact fee refund applications associated with building permits or concurrency certificates that have been issued for a project and been revoked, expired, or withdrawn (also referred to as Non - Commencement) , the Board, by a 4-0 vote (Commissioner Davis recused himself) : ( 1 ) approved to deduct the impact fee refund application fee from the gross amount of the refund due to the fee payer ; and (2) approved Resolution 2011 -060 , revising fees for processing impact fee refund applications . Discussion ensued about the importance of the County having a notification system on refund eligibility, so persons eligible for a refund do not have to track down their own refund . August 16 , 2011 38 BA 141 PG 259 Chairman Solari felt that if someone has discovered that they are owed a refund because the County has not utilized the funds within six years, they should not be charged the impact fee refund application fee . Budget and Management Director Jason Brown, addressing Commissioner Davis ' s question, stated that the County Attorney would be returning with further input on how to determine the distribution of refunds for partially expended funds . Chairman Solari suggested the Board wait for input from the County Attorney before deciding whether to impose an impact fee refund application fee for rebates associated with non- expended impact fees . Attorney Polackwich reported that not much law exists on impact fee refunds ; however, his office is compiling the State law that deals with impact fees . He hoped to bring further information back to the Board in September 2011 . Commissioner O ' Bryan asked whether the proposed Resolution needed to be amended to reflect that the Board is not at this time acting on the six-year Failure-to -Expend Impact Fee Refunds . Attorney Polackwich responded that since the Board has elected at this time not to impose a fee on the six-year Failure-to -Expend fees, staff should amend the text of the Resolution to reflect that the fee at this time pertains only to the Non-Commencement impact fees . MOTION WAS MADE by Commissioner Flescher, SECONDED by Chairman Solari , by a 4 - 0 vote (Commissioner Davis abstained) to suspend any fees for impact fee refund applications associated with the County ' s failure to expend impact fees within six years , August 16 , 2011 39 BK 141 PG 260 with this matter to be brought back for further consideration . FORM 8 . B . MEMORANDUM OF VOTING CONFLICT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 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 12 .11 . APPROVAL OF BID AwARD FOR IRC BID No. 2011034 SOUTH REVERSE OSMOSIS PLANT CHEMICAL SYSTEM UPGRADE ON MOTION by Commissioner Flescher, SECONDED by Commissioner O ' Bryan, the Board unanimously August 16, 2011 40 4 7 2 , approved the Bid Award to Odyssey Manufacturing Company as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum of August 2 , 2011 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12 .12 . CHANGE ORDER NO. 1 TO IRC BID NO . 2011032 TO DATA FLOW SYSTEM INC . FOR UPGRADE AND AUTOMATION OF THE REUSE DISTRIBUTION SYSTEM UCP 4065 ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis , the Board unanimously approved and authorized the Chairman to execute Change Order No . 1 with Data Flow System Inc . in the amount of $ 16 , 839 . 65 , as recommended in the memorandum of August 1 , 2011 . 12 .13 . AMENDMENT # 1 TO WORK ORDER NO. 26 WITH GEOSYNTEC CONSULTANTS, INC . FOR GROUND WATER ASSESSMENT AND MONITORING PROPOSAL NORTH COUNTY WATER PLANT MOTION WAS MADE by Commissioner Flescher, SECONDED by Commissioner Davis , to approve staff' s recommendation. 1% ! 41 262 August 16 , 2011 41 PG Commissioner O ' Bryan remarked on the Florida Department of Environmental Protection ' s (FDEP) tendency to impose what seem to be unreasonable restrictions/requirements on County projects . Director Olson acknowledged that the FDEP has historically mandated additional requirements that seemed unjustified and burdensome on the County ' s projects ; however, in the past six or so months, the agency seems to have had a paradigm shift . Responding to direction from Chairman Solari, he agreed to compile for the County Administrator a list (to be added to the items for the Legislative Delegation) of examples of unnecessary restrictions imposed by the FDEP and other regulatory agencies . (Clerk 's Note : Vice Chairman Wheeler exited the meeting at 11 : 46 a. m.) The Chairman CALLED THE QUESTION, and by a 4 -0 vote (Vice Chairman Wheeler absent) , the Board approved Amendment No . 1 to Work Order No . 26 with Geosyntec for additional sampling and reporting to the National Attenuation Monitoring Plan in the amount of $ 7 , 179 . 00 , as recommended in the memorandum of July 18 , 2011 . WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (Clerk 's Note : Vice Chairman Wheeler rejoined the meeting at 11 : 49 a. m . ) 12 .J. 4 . 82ND AVENUE BRIDGE AT 4TH STREET FORCE MAIN AND REUSE FORCE MAIN CONFLICT, RESOLUTION AND INTERCHANGE FOR LIFT STATION NO . 19 FORCE MAIN PRESSURE REDUCTION, APPROVAL OF WORK AUTHORIZATION No . 2010-002-UCP 4070, WIP No . 471 -23536- 04469941503 EK 141 PG 263 August 16 , 2011 42 MOTION WAS MADE by Commissioner Flescher, SECONDED by Commissioner Davis, to approve staff' s recommendation. A brief discussion ensued between Commissioner Davis and Director Olson about the benefits of the project, including the provision of a sewer connection to the INEOS New Planet BioEnergy facility . The Chairman CALLED THE QUESTION , and the Motion carried unanimously. The Board approved the total cost estimated for the project of $ 365 ,638 . 57, and approved and authorized the Chairman to execute Work Authorization No . 2010 - 002 to Melvin Bush Construction, Inc . , for an amount of $ 194 , 009 . 24 for labor, as recommended in the memorandum of July 29 , 2011 . 13 . COUNTY ATTORNEY MATTERS B .A. PROPOSED ORDINANCE ELIMINATING ALL REFERENCES TO RREARMS FROM THE CODE OF INDIAN RIVER COUNTY Assistant County Attorney Brooke Odom provided background information on State and local legislation regulating the field of firearms . She explained that Florida Statutes, Section 790 . 33 preempts the entire field of firearms to the State of Florida, thus superseding County Code, and that the State imposes penalties upon Counties for non-compliance . Attorney Odom recalled that on March 22 , 2011 , the Board adopted Ordinance 2011 -003 , permitting the carrying or possession of concealed weapons or firearms in parks and recreational areas , in order to bring the County ' s Code in compliance with State law. She thereafter presented staff' s recommendation for the Board to additionally eliminate from County Code, all references to guns, firearms, ammunition, and the discharge of any firearms, through adoption of the proposed Ordinance , subsequent to a public hearing on this matter. August 16 , 2011 43 BK 14 1 PG 2 6 4 A brief discussion ensued during which Attorney Odom addressed Commissioner O ' Bryan ' s question about the State laws pertaining to firearm discharge . She also confirmed that the County can still impose safety rules at the local gun ranges . ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously authorized the County Attorney ' s office to advertise for a public hearing to consider final adoption of the proposed Ordinance eliminating all references to firearms from the Code of Indian River County . D . B . PURCHASE OF RIGHT- OF-WAY LOCATED AT 5265 66TH AVENUE , PARCEL 105 , OWNED BY THE ESTATE OF ERMA LEE LEWIS Deputy County Attorney Bill DeBraal , through review of his memorandum of August 2 , 2011 , provided background and analysis on a right-of--way purchase of approximately 0 . 679 acres owned by the Estate of Erma Lee Lewis . He described the parcel (which will be used for the 66th Avenue Improvement Project) , provided a breakdown of costs, and presented staff' s recommendation for Board approval of the right-of-way purchase at the all-inclusive price of $ 1243574 . 59 . ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved and authorized the Chairman to execute the Purchase Agreement for purchase of the necessary right-of-way from the Estate of Erma L . Lewis at a price of $ 118 , 335 and attorney ' s fees of $ 6 ,212 . 59 , as recommended in the memorandum of August 2 , 2011 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD BK 141 PG 265 August 16, 2011 44 The Chairman called a recess at 11 : 58 a. m. and reconvened the meeting at 12 : 12 p. m. , with all members present. B . C . COST SHARING AGREEMENT BETWEEN MARSH ISLAND AND THE COUNTY FOR DEMOLITION OF UNCOMPLETED HOME , LOT 15 MARSH ISLAND SUBDIVISION, 9250 EAST MARSH ISLAND DRIVE Attorney DeBraal recalled that the Marsh Island Homeowner ' s Association (MIHOA) had offered to contribute one-half the cost, up to a maximum of $ 15 , 000 , for demolition of a dilapidated structure located on Lot 15 , Marsh Island Subdivision . He advised that pursuant to Board direction on June 21 , 2011 , staff was returning with a proposed cost-sharing agreement between the County and the MIHOA, and presented staff' s recommendation for approval of same . ON MOTION by Commissioner Davis , SECONDED by Commissioner Flescher, the Board unanimously approved and directed the Chairman to execute the Cost Share Agreement between the Marsh Island Homeowners ' Association (MIHOA) and the County for the demolition of the structures on Lot 15 , Marsh Island Subdivision, as recommended in the memorandum of August 3 , 2011 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD B .D . COST SHARING AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RUSSELL J. KELLY Attorney DeBraal stated that Russell J . Kelly, owner of property located at 905 Bowline Drive, had alerted the County about a section of seawall on his property that appears to have August 16, 2011 45 BX 141 PG 266 damage from a broken drainage pipe in the County ' s easement. He related that Mr. Kelly had agreed to split the costs of the repairs 50150 with the County, and asked the Board to approve the cost- sharing agreement, with the County ' s cost not to exceed $ 8 , 635 . 00 . ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved and authorized the Chairman to execute the Cost Sharing Agreement with Russell J . Kelly. Upon completion and approval of the construction work and receipt of all liens , the County will issue a joint check to Mr . Kelly and Wilco Construction in full satisfaction of this matter, all as recommended and stated in the memorandum of August 9 , 2011 . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13 .E . INITIAL BOARD REVIEW OF COMMITTEE TERMS ISSUES Attorney Polackwich, through review of his August 1 , 2011 memorandum, presented background and analysis on some issues regarding committee member terms . He explained that some of the tracking data for committee member terms , appointments, and reappointments , had been incomplete, and to remedy that, the County Attorney ' s office has constructed a new baseline for committee member terms (as outlined in the proposed Resolution) . He said that in order to correct an internal inconsistency involving the committee member terms , wherein half the members are up for reappointment after each County Commissioner election every two years , staff recommends amending Section 103 . 02 of County Code to change the default terms from two to four years . Attorney Polackwich suggested the Board consider appointing an individual ("the Monitor") to oversee committee terms going forward, with likely candidates being the County Commissioner ' s assistants ; the County Administrator ' s office, or the County Attorney ' s BK 141 P6267 August 16 , 2011 46 office . He advised that he was seeking the Board ' s guidance in how to proceed, and that a public hearing on this matter would occur in September 2011 . Discussion followed regarding the best choice for the committee appointee Monitor . Administrator Baird and Chairman Solari felt that the County Commission office should oversee the monitoring of the committee member assignments . Commissioner Davis and Vice Chairman Wheeler preferred having the County Attorney ' s office monitor the committee appointees . Commissioner O ' Bryan questioned whether a term of service needs to be stipulated for those committee members serving at the pleasure of an individual Commissioner. Attorney Polackwich explained that the proposed amendments to Section 103 . 02 contain language specifying that a committee member appointed by an individual Commissioner serves at his/her pleasure . Commissioner Davis asked about the terms for the "at-large" positions , which are appointed by the Board of County Commissioners . Attorney Polackwich suggested that the Board add a general provision to the amendments stating that all members that are appointed by the Board of County Commissioners serve at the will of the Board . MOTION WAS MADE by Commissioner Davis , SECONDED by Vice Chairman Wheeler, to approve staff' s recommendation, with the addition of the language that any County-appointed individual serves at the will of the County Commission , August 16, 2011 47 00K 14 1 PG 2 6 8 Commissioner Davis mentioned he was not averse to having someone in the Commission Office monitor the committee member terms, provided the County Attorney was ready to resolve any questions/issues . Attorney Polackwich advised he would leave blank the designation for the Monitor until the Board re-examines this matter in September 2011 . He emphasized, however, that it would be best for one designated individual to handle the task. The Chairman CALLED THE QUESTION, and the Motion carried . The Board unanimously : ( 1 ) authorized staff to provide notice for a public hearing to be held in September 2011 , regarding the proposed Ordinance pertaining to Commissions and Boards and directed staff to finalize the proposed Ordinance ; and (2) directed staff to finalize the proposed Resolution, including wording stating that all members that are appointed by the County Commission serve at the will of the County Commission, re- establishing the terms of members of certain boards and committees and establishing a process to monitor terms in the future, with no individual/s to be appointed to monitor committee terms going forward until this item is brought back in September 2011 . D . F . QUASI-JUDICIAL PROCEEDINGS Attorney Polackwich, through review of his August 1 , 2011 memorandum, provided background and analysis on staff' s request to adopt written guidelines for the quasi judicial hearings of the Board of County Commissioners . He stated that he was not necessarily seeking August 16 , 2011 48 8K 14 1 PG 269 approval today, but wanted the Board ' s assessment of whether staff was on the right track with the proposed Resolution establishing those guidelines . Commissioner Davis observed that he liked the flexibility in the proposed guidelines . He also requested that staff provide to the Commissioners a brief synopsis of the legal requirements that they must adhere to . Attorney Polackwich suggested adding to the guidelines , the requirement for the Commissioners to be given notice as soon as staff learns about a forthcoming quasi judicial hearing . He added that the notice was to contain a brief summary reminder of the rules the Board needs to follow. Commissioner Davis advised Attorney Polackwich that staff was on the right track; however, he was not ready to approve the Resolution today . Attorney Polackwich indicated that he would bring the proposed Resolution back in September 2011 , with a change reflecting that staff is to provide to the Commissioners, as soon as possible, the notice and a reminder of the requirements . ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Wheeler, the Board unanimously directed the County Attorney to return in September 2011 with the proposed Resolution establishing guidelines for Quasi-Judicial proceedings before the Board, to include direction for staff to provide, as soon as possible , notice to the Commissioners about a forthcoming quasi judicial hearing, with the notice to contain a synopsis of the rules that must be followed . August 16 , 2011 49 BK 141 PG 270 14 . COMMISSIONER ITEMS 14 .A. COMMISSIONER BOB SOLARI, CHAIRMAN 14 .A. 1 . PUBLIC REcoRDs Chairman Solari brought to the Board ' s attention a newspaper editorial alleging that the County needs to have improved public access to public records, including Commissioner emails . He wanted to explore the possibility of setting up a system that is equivalent in costs and labor to the current system, for the purpose of making Commissioner emails more readily accessible to the public . An extensive discussion followed, with input from Computer Services Manager Basil Dancy, and Budget and Management Director Jason Brown, regarding the County ' s : ( 1 ) current operating procedure and charges for public records searches ; (2) manpower and budget for computer support services , and potential cost of setting up a new system; (3 ) establishing a screening process to protect confidential information that is divulged in emails to the Commissioners and County Administrator; (4) how to organize the emails into a central database for the public to access ; (5 ) the system used in Martin County; and (6) which emails are considered "public record . " No Board Action Required or Taken 14 .A. 2 . FLORIDA TREND ARTICLE Chairman Solari reported that this month (August 2011 ), the online publication floridatrend. com . included a favorable write-up about some of the amenities available in Vero Beach . No Board Action Required or Taken August 16 , 2011 50 BOX 14 1 PG 2 7 1 14 .A.3 . LEMONADE FREEDOM DAY Chairman Solari provided background on a situation occurring in several states , wherein children selling lemonade have been shut down by regulatory authorities for code violations . He wanted to ensure that there are no County regulations that would prohibit children from selling lemonade . He noted that Lemonade Freedom Day is August 20 , 2011 . No Board Action Required or Taken 14.A. 4 . SAND MINE BUFFERS - DELETED U .B . COMMISSIONER GARY C . WHEELER, VICE CHAnmAN - NONE 14 . C . COMMISSIONER WESLEY S . DAMS 14. 0 . 1 . SECONDARY METALS RECYCLERS Commissioner Davis reported that metal theft has been on the rise, referencing a non- profit organization that recently had an air conditioning unit stolen . He felt the Board should investigate whether something can be done to deter these types of crimes . Chairman Solari suggested that the County Attorney discuss this matter with the Sheriff, to see if some deterrent to the metal thefts can be found that would not place an onerous burden upon honest citizens . MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Flescher, to direct the County Attorney to discuss with the Sheriff, possible deterrents to metal theft . August 16 , 2011 51 1 41 PG 2 7 Board discussion about this issue ensued, with input by Administrator Baird, who noted several instances where the County had been affected by this type of theft. The Chairman CALLED THE QUESTION and the Motion carried . The Board unanimously directed the County Attorney to discuss with the Sheriff, possible deterrents to metal theft. 14 . D . COMMISSIONER JOSEPH E . FLESCHER - NONE 14 . E . COMMISSIONER PETER D . O ' BRYAN 14 . E . 1 . ARTIFICIAL REEF STUDY WORKSHOP Commissioner O ' Bryan relayed the request of Mayor Richard Dunlop, Town of Orchid, to have a Joint Workshop with the County Commissioners , the Beach and Shore Preservation Advisory Committee, and the Mayors of the four neighboring municipalities , for the purpose of discussing artificial reefs as a means to control beach erosion. He asked fellow Board members for their input on the workshop , noting that the next Beach and Shore Preservation Advisory Committee meeting will be held on Monday, September 19 , 2011 . Administrator Baird mentioned that there would be discussion on artificial reefs at the Florida Shore & Beach Preservation Association (FSBPA) Annual Conference to be held September 14 — 16 , 2011 , in Miami , and that County Coastal Engineer James Gray would be attending said conference . Chairman Solari preferred to have staff provide an update with a global perspective on erosion control options , before deciding that artificial reefs would be the best option . 4 27 3 g Au ust 16 2011 52 Un11 PG Commissioner Flescher declared that the Mayors were not looking for a specific remedy, and that the Joint Workshop would be a good venue to discuss potential beach erosion solutions . After further discussion, the Board agreed that Mr. Gray could brief the Board and the Mayors with an update on the beach erosion options discussed at the FSBPA Conference at the next Beach & Shore Preservation Advisory Committee meeting on September 19 , 2011 . MOTION WAS MADE by Commissioner Davis , SECONDED by Commissioner Flescher, to schedule a Joint Workshop Meeting with Mayors Richard Dunlop, Town of Orchid ; Susan Adams , City of Fellsmere ; Thomas Cadden, Town of Indian River Shores ; Jim Hill, City of Sebastian ; and Jay Kramer, City of Vero Beach; to be held in conjunction with the Beach & Shore Preservation Advisory Committee meeting scheduled for September 19, 2011 , for the purpose of discussing solutions to beach erosion, pending acceptance of the County ' s invitation to the aforementioned 5 mayors . Chairman Solari recapped that the Board wished to invite the Mayors to a Joint Workshop , to be held in conjunction with the next Beach & Shore Preservation Advisory Committee, with Coastal Engineer James Gray to give a presentation on possible beach erosion solutions . The Chairman CALLED THE QUESTION, and the Motion carried unanimously. August 16, 2011 53 UNK 14 1 PG 2 7 4 15 . SPECIAL DISTRICTS AND BOARDS 15 .A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment of the Regular Board of County Commission Meeting, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately . 15 .A. 1 . DESIGNBUILD CONTRACT WITH BARTH CONSTRUCTION FOR THE RENOVATION AND CONSTRUCTION OF EMERGENCY SERVICES FIRE RESCUE STATIONS (RFO #2011036) 15 .B . SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Regular Emergency Services District Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately . 15 .B . 1 . APPROVAL OF MINUTES MEETING OF TUNE 21 , 2011 15 .B .2 . APPROVAL OF MINUTES MEETING OF JULY 129 2011 15 . B .3 . APPROVAL OF BID AWARD FOR IRC BID NO . 2011055 , FENCING IMPROVEMENTS AT INDIAN RIVER COUNTY LANDFILL RECYCLING CENTER 15 .B . 4 . REQUEST TO RENEW LEASE BY MWI CORPORATION August 16 2011 54 BK 141 PG 275 15 .B . 5 . AGREEMENT FOR PROCESSING AND RECYCLING OF YARD WASTE WITH CONSOLIDATED RESOURCES RECOVERY 15 .BA WASTE OIL SERVICE AGREEMENT WITH FCC ENVIRONMENTAL 15 . C . ENVIRONMENTAL CONTROL BOARD - NONE ALL BACKUP DOCUMENTATION, RESOLUTIONS , AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES 16 . ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 1 : 32 p . m. ATTEST : Q V a Jeffrey .Barton, Clerk Bob Solari, Chairman Minutes Approved : OCT 1 1 2011 BCC/MG/2011Minutes August 16 , 2011 55 BX 14 1 PG 276