HomeMy WebLinkAbout09/6/2011 (8) MINUTES ATTACHED
BOARD OF COUNTY
F COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
;. ; COMMISSION AGENDA
• „ TUESDAY, SEPTEMBER 6, 2011 an 9 : 00 A.M.
County Commission Chamber
Indian River County Administration Complex
180127 th 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 Deputy Teddy Floyd, Indian River County
Sheriff Department
3 . PLEDGE OF ALLEGIANCE Joseph A . Baird, County Administrator
4 . ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
ammmmmm
A. Presentation of Proclamation Designating the Month of September as Sickle
Cell Awareness Month - - - - - - - - - - - - - - - - 1
Be Presentation by Vicki Wild, Executive Director, Keep Indian River
Beautiful , promoting the International Coastal Cleanup Event and the Ocean
Conservancy on September 17, 2011 ---
BK 141 PG 282
September 6 , 2011 Page I of 8
5
f
6• APPROVAL OF MINUTES PAGE
A. Budget Workshop of July 13 , 2011
Be Meeting of July 19 , 2011
4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
w A. Juvenile Justice Council
`Ft (memorandum dated August 29 , 2011 ) 2
a
8. CONSENT AGENDA
1 A. Approval of Warrants and Wires — July 15 , 2011 to July 21 , 2011
(memorandum dated July 21 , 2011 ) - - 3 = 11
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Be Approval of Warrants and Wires — August 5 , 2011 to August 11 , 2011
(memorandum dated August 11 , 2011 ) 1248
t C . Approval of Warrants and Wires — August 12 , 2011 to August 18 , 2011
(memorandum dated August 18 , 2011 ) 19-26
D . Approval of Warrants and Wires — August 19 , 2011 to August 25 , 2011
(memorandum dated August 25 , 2011 ) 27- 34
E . Carole Jean Jordan, Indian River County Tax Collector, Certification of Tax
Roll
.memorandum dated August 25 2011 ) 35 -36
, a . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - -
F. INEOS New Planet Bioenergy Cash Deposit and Escrow Agreement for
Compliance Incidental Mining
' (memorandum dated August 19 2011 ) 37-41
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -
G. Developer : North Shore Club, LLC Acceptance of Temporary Easement for
Utilities Until Property is Platted Depicting a Perpetual Easement
(memorandum dated August 26 , 2011 ) 42.47
H. Resolutions Cancelling Taxes on Properties Acquired by the Indian River
County Housing Authority for Public Purposes
l (memorandum dated August 25 ,_ 2011 ) 48 -70
)
I. Approval of Attorney ' s Fees and Expenses in CRF Panther Bankruptcy
(memorandum dated August 23 , 201 1) _ _ _ _ _ _ _ _ _ _ _ _ _ _ 71 -72
141 PG 283
September 6 , 2011 Page 2 of 8
. i3
8 . CONSENT AGENDA PAGE
J. Approval of Renewal of a Class "E" Certificate of Public Convenience and
Necessity for ARC of Indian River County to Provide Wheelchair Services
(memorandum dated August 15 , 2011) 73 -99
- - - - -
K. Approval of Renewal for a Class "E" and Class "B " Certificate of Public
Convenience and Necessity for All County Ambulance Inc . to Provide
Wheelchair/Stretcher and Interfacility Ambulance Transportation Services
(memorandum dated August 9, 2011 ) 100 - 110
L. Approval of Renewal for a Class "E" Certificate of Public Convenience and
Necessity for Senior Resource Association to Provide Wheelchair Services
(memorandum dated August 15 ,_ 2011 ) 111423
M. Request for Use of Holman Stadium — "Third Annual Celebrity vs .
Government Softball Game Fundraiser"
(memorandum dated July 20, 2011 ) 124436
N. Request for Use of Holman Stadium — " Sixth Annual Mardy ' s Tennis and
Jake ' s Music Fest"
(memorandum dated July 28 , 2011 ) 13 7- 151
,v O. Consideration of Indian River County ' s 2011 SHIP Program Annual Reports
(memorandum dated ARSust 15 , 2011) 152 - 185
P. Joint Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) for : Upgrades to Traffic Signal System Equipment
FM# 228613 -3 - 54-01
(memorandum dated August 18 , 2011) _ _ _ _ _ _ _ _ _ _ _ . . . . . . . . . . . . . . . .18 &20.6 .
.
Q. Maintenance of County Beach Parks and Beach Access Points
(memorandum dated August 26 , 2011 ) 207-210
R. F . D . O .T . Local Agency Program (LAP) Supplemental Agreement and
Resolution Authorizing the Chairman' s Signature FPN No . 4181364 - 58 - 01
Indian River Boulevard Sidewalk Improvements from 12th St . to 17th St. IRC
Project No . 0745
(memorandum dated August 12 , 2011 ) 211 -219
S. Agreement for Professional Civil Engineering Services with Bridge Design
Associates, Inc . for IRC Project No . 0517 Oslo Road Phase III from 581h
Avenue to 43 `d Avenue
(memorandum dated August 9 , 2011 ) 220-248
T. Miscellaneous Budget Amendment 022
(memorandum dated August 31 , 20J 1) 9-
September 6 , 2011 Page 3 of 8
8 . CONSENT AGENDA PAGE
U. Approval of Bid Award for IRC Bid No . 2012003 Annual Bid to Furnish
and Deliver Polymer
(memorandum dated August 30 , 2011) 254-259
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - -
V. F . D . O . T. Construction Agreement and Resolution Authorizing the
Chairman ' s Signature 66 ' Avenue and SR 60 — IRC Project No . 0545
it (memorandum dated August 18 , 2011 ) 260-269
W. Approval of Bid Award for IRC Bid No . 2011051 Demolition of Two (2)
Condemned Structures
j (memorandum dated August 5 , 2011 ) 270-275
- X. Approval of Bid Award for IRC Bid No . 2012004 Annual Bid for Aluminum
Sign Blanks and Hardware
(memorandum dated August 25 , 2011 ) 276 -283
Y. Acceptance of Emergency Management Subgrant Agreement 12-BG- 10 -40-
01 - 031
(memorandum dated August 25 , 2011 ) 284.321
Z. Acceptance of Emergency Management Federally-Funded Subgr ant
Agreement 12 -FG- 10-40 -01 -098
(memorandum dated August 25 , 2011) 322 -352
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
Be PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks . Please try to limit your
remarks to three minutes .
Request to Speak from Pete Sharman Regarding Pep Reef
353 - 354
h
d
EK 141 PG 285
September 6, 2011 Page 4 of 8
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- 12 . DEPARTMENTAL MATTERS PAGE
D , Human Resources
I None
E, Human Services
None
F, Leisure Services
None
G, Office of Management and Budget
None
Ho Recreation
None
I, Public Works
None
J, Utilities Services
1 . West Regional Odor Control Study — Final Pay Request
(memorandum_ dated August 29 ,_ 2011 ) 371 - 373
2 . Utility Construction Standards September 2011 — UCP 3110
(memorandum dated August 19 ,_ 2011 ) 374- 377
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3 . Spoonbill Marsh Wetland Facility — Additional Oyster Beds
(memorandum dated August 30 ,_ 2011 ) 378 -381
13 . COUNTY ATTORNEY MATTERS
A. Initial Review and Discussion of Proposed Indian River County Secondary
Metals Recyclers Ordinance
(memorandum dated August 31 , 2011 ) 382 -391
B. Quasi -Judicial Proceedings
(memorandum dated August 23 ,_ 2011 ) 392 -401
.1
Co Amended Resolution of Necessity for the Laurel Homes parcel of property
f
located on 66th Avenue south of 15th Street
(memorandum dated August 30, 2011 ) 402-417
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . .
.
BA{ 141 PG 2 8 7
September 6, 2011 Page 6 of 8
14 . COMMISSIONERS ITEMS PAGE
A. Commissioner Bob Solari, Chairman
None
Be Commissioner Gary C , Wheeler, Vice Chairman
None
C , Commissioner Wesley S . Davis
None
D . Commissioner Joseph E. Flescher
None
E. Commissioner Peter D. O ' Bryan
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
Be Solid Waste Disposal District
1 . Approval of Minutes SWDD Budget Hearing July 13 , 2011
2 . Approval of Minutes Meeting of July 19 , 2011
3 . 2011 Petition Hearing — Solid Waste Disposal District Assessment
Fees
(memorandum_ dated August 19;_ 201 1 )
418
C , Environmental Control Board
1 . Approval of Minutes Meeting of May 24 , 2011
2 . Report of Activities for Third Quarter FY10/ 11 (April through June
2011 )
(memorandum dated July 5 , 2011 ) 419420
16. ADJOURNMENT
MMMOOMMM { 141 PG 288
September 6, 2011 Page 7 of 8
i
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based .
Anyone who needs a special accommodation for this meeting contact the County' s Americans with
Y p g ma Y
Disabilities Act (ADA) Coordinator at (772) 2264223 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:
f 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 I : 00 p. m. through Friday Morning,
andSaturda at 12: 00 Noon to 5: 00 . m.
a
i
BK 141 PG 289
Page 8 of 8
September 6, 2011
JEFFREY K. BARTON
Clerk to the Board '`�oRioA
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 6 , 2011
1 . CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 . INVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a 1
3 . PLEDGE OF ALLEGIANCE , a 0 a 0 a a a 0 a a 0 0 a 0 0 0 a 0 a a a a a a a a a a a a 0 a a 6 a a a a 0 0 0 a 0 0 0 a 0 0 a 0 a a a 0 0 a a a
a a a 0 a a a a a 0 6 6 a 0 a 0 8 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS — NONE . . . . . . . . . . . . . . . . . . . . 2
5 . PROCLAMATIONS AND PRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 2
S . A . PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER
AS SICKLE CELL AWARENESS MONTH . @@ * @ * a visa of so * & Samoa@ 00000 @ & @assets * & * @ & some@ * @fee O &
OOO * O * O * u 2
S . B . PRESENTATION BY VICKI WILD , EXECUTIVE DIRECTOR, KEEP INDIAN RIVER
BEAUTIFUL , PROMOTING THE INTERNATIONAL COASTAL CLEANUP EVENT AND
THE OCEAN CONSERVANCY ON SEPTEMBER 17 , 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 2
6 . APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6 . A . BUDGET WORKSHOP OF JULY 135 201 1assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . Pogo . . Pogo . . 3
6 . B . REGULAR MEETING OF JULY 19 , 2011 . . . . . . . ode . . . . . . . . . . . . . . . . . . . . . . . *
sees . . . . . . . . now . . . . . . . . . . . . . . . . . poem 3
BK 141 PG 290
September 6, 2011 1
T INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION. . . . . . . . . . . again we 4 sea * seems met me been@@ 660 * 6a 0000 sea was 0 a a a 0 a 0 9 0 0 0 4 0 a a 0 0 9 a a a a 0 4 6
9 0 0 a 0 0 0 1 0 a 0 0 0 3
7 . A . JUVENILE JUSTICE COUNCIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
8 . CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8 . A . APPROVAL OF WARRANTS AND WIRES - JULY 153 2011 TO JULY 21 , 201 1 . . . 9 . . . . . . 6 . 550604
8 . B . APPROVAL OF WARRANTS AND WIRES - AUGUST 5 , 2011 TO AUGUST 11 2011 . . . . . . . . . 4
8 . C . APPROVAL OF WARRANTS AND WIRES - AUGUST 12 , 2011 TO AUGUST 18 , 2011 . . . . . . . 4
8 . D . APPROVAL OF WARRANTS AND WIRES - AUGUST 19 , 2011 TO AUGUST 25 , 2011 . 0 . 000 . 5
8 . E . CAROLE JEAN JORDAN , INDIAN RIVER COUNTY TAX COLLECTOR,
CERTIFICATION OF TAX ROLL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 . F . INEOS NEW PLANET BIOENERGY CASH DEPOSIT AND ESCROW AGREEMENT
FOR COMPLIANCE INCIDENTAL MINING
6
8 . G . DEVELOPER : NORTH SHORE CLUB , LLC ACCEPTANCE OF TEMPORARY
EASEMENT FOR UTILITIES UNTIL PROPERTY IS PLATTED DEPICTING A
PERPETUALEASEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 . H . RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY THE INDIAN
RIVER COUNTY HOUSING AUTHORITY FOR PUBLIC PURPOSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 7
8 . I . APPROVAL OF ATTORNEY ' S FEES AND EXPENSES IN CRF PANTHER
BANKRUPTCY
8 . J . APPROVAL OF RENEWAL OF A CLASS " E " CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ARC OF INDIAN RIVER COUNTY TO
1
PROVIDE WHEELCHAIR SERVICES . . . . Nees 060 smassooffi * 16of @ & * * * area so@ 0000440006 asomad mass 0446 seems vofo * mvvmfm
8
8 . K . APPROVAL OF RENEWAL FOR A CLASS "E " AND CLASS " B " CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY FOR ALL COUNTY AMBULANCE INC . TO
3
PROVIDE WHEELCHAIR/ STRETCHER AND INTERFACILITY AMBULANCE
TRANSPORTATION SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 . L . APPROVAL OF RENEWAL FOR A CLASS " E " CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR SENIOR RESOURCE ASSOCIATION TO
PROVIDE WHEELCHAIR SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
S . M . REQUEST FOR USE OF HOLMAN STADIUM - " THIRD ANNUAL CELEBRITY VS .
GOVERNMENT SOFTBALL GAME FUNDRAISER " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 10
8 . N . REQUEST FOR USE OF HOLMAN STADIUM - " SIXTH ANNUAL MARDY ' S TENNIS
ANDJAKE ' S MUSIC FEST " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Bit 14 i PG 2 9 I
September 6 , 2011 2
8 . 0 . CONSIDERATION OF INDIAN RIVER COUNTY ' S 2011 SHIP PROGRAM ANNUAL
REPORTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 1
8 . P . JOINT PARTICIPATION AGREEMENT ( JPA ) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION ( FDOT ) FOR : UPGRADES TO TRAFFIC SIGNAL SYSTEM
EQUIPMENTFM# 228613 - 3 - 54 - 01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 . Q . MAINTENANCE OF COUNTY BEACH PARKS AND BEACH ACCESS POINTS . . . . . . . . . . . . . . . . . . 12
8 . R . F . D . O . T . LOCAL AGENCY PROGRAM (LAP ) SUPPLEMENTAL AGREEMENT AND
RESOLUTION AUTHORIZING THE CHAIRMAN ' S SIGNATURE FPN No . 41813 6 - 1 -
58 - 01 INDIAN RIVER BOULEVARD SIDEWALK IMPROVEMENTS FROM 12TH ST . TO
17TH ST . IRC PROJECT No . 0745 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 . S . AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING SERVICES WITH BRIDGE
DESIGN ASSOCIATES , INC . FOR IRC PROJECT NO . 0517 OSLO ROAD PHASE III
FROM 58TH AVENUE TO 43RD AVENUE . , a * a I a 0 & 0 0 a m 0 0 a s a 0 a 9 0 0 & a 0 0 4 a 0 6 9 9 a 0 & 0
a 0 9 a a 8 6 4 0 0 a 0 & 9 0 a 0 a 8 a a 0 0 a 8 * 0904000 13
8 . T . MISCELLANEOUS BUDGET AMENDMENT 022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 13
8 . U . APPROVAL OF BID AWARD FOR IRC BID NO . 2012003 ANNUAL BID TO
FURNISH AND DELIVER POLYMER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 14
8 . V . F . D . O . T . CONSTRUCTION AGREEMENT AND RESOLUTION AUTHORIZING THE
CHAIRMAN ' S SIGNATURE 66TH AVENUE AND SR 60 — IRC PROJECT NO . 0545 . . . . . . . . . . 15
8 . W . APPROVAL OF BID AWARD FOR IRC BID No . 2011051 DEMOLITION OF TWO ( 2 )
CONDEMNED STRUCTURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . n 15
8 . X . APPROVAL OF BID AWARD FOR IRC BID NO . 2012004 ANNUAL BID FOR
ALUMINUM SIGN BLANKS AND HARDWARE , . a 0 0 4 v s 0 6 a a a a 0 0 a & s 8 a 0 a a 0 0 0 s 0 9 a 0 0 0 0 6 a 6
d a a a a 0 0 a a a 0 0 9 0 0 9 0 & 0 a 0 a 16
8 . Y . ACCEPTANCE OF EMERGENCY MANAGEMENT SUBGRANT AGREEMENT 12 — BG -
1040 - 01 - 031 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8 . Z . ACCEPTANCE OF EMERGENCY MANAGEMENT FEDERALLY — FUNDED SUBGRANT
AGREEMENT 12 - FG - 10 - 40 - 01 - 098 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE . . . . . . . . . . . . . . . . 18
10 . PUBLIC ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
10 . A . PUBLIC HEARING ( S ) — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
10 . B . PUBLIC DISCUSSION ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
l O . B . 1 . REQUEST TO SPEAK FROM PETE SHARMAN REGARDING PEP REEF . . . . . . . . . . . . . . . . . . . . .
. . . . . . 18
10 . C . PUBLIC NOTICE ITEMS , 0 6 a a a 6 9 0 v 0 6 v 9 00 * 0twatnes sea mass 0000 Dallas@ a & @ of boom go@ Be s0000memoo
seems 6 0 Does so so PEG 19
8K 141 PG 292
September 6, 2011 3
10 . C . 1 . NOTICE OF SCHEDULED PUBLIC HEARING SEPTEMBER 13 , 2011 : TO CONSIDER
ADOPTION OF AN ORDINANCE AMENDING CHAPTER 103 OF THE CODE WITH
;A RESPECT TO COMMITTEE MEMBER TERMS AND TO ADDRESS AND CORRECT
IN
IN CERTAIN INCONSISTENCIES AND HOUSEKEEPING MATTERS ( LEGISLATIVE ) . . . . . . . . . . . 19
IO . C . 2 . NOTICE OF SCHEDULED PUBLIC HEARING SEPTEMBER 13 , 2011 : TO CONSIDER
ADOPTION OF AN ORDINANCE REMOVING FROM THE CODE ANY PROVISIONS
RELATING TO FIREARMS AND AMMUNITION ( LEGISLATIVE ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 19
l0 . C . 3 . NOTICE OF SCHEDULED PUBLIC HEARINGS SEPTEMBER 13 , 2011 SEPTEMBER
20 , 20115 AND OCTOBER 18 , 2011 : RELATING TO REDISTRICTING OF INDIAN
1 RIVER COUNTY COMMISSIONER DISTRICTS (ADMINISTRATIVE ) . so someone * & 19
1 11 . COUNTY ADMINISTRATOR MATTERS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 19
12 . DEPARTMENTAL MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
12 . A . COMMUNITY DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
az
12 . A . 1 . REQUEST FROM WATERWAY VILLAGE DEVELOPER TO EXTEND TIMEFRAMES
FOR COMPLETING INTERNAL SIDEWALKS AND SECOND ( FINAL ) LIFT OF
ASPHALT . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
12 . B . EMERGENCY SERVICES — NONE
12 . C . GENERAL SERVICES — NONE
12 . D . HUMAN RESOURCES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
I
12 . E . HUMAN SERVICES as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
"1 12 . F . LEISURE SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
1
12 . G . OFFICE OF MANAGEMENT AND BUDGET on NONE
. . . . . . . . . . . . moos . . . . . . . 21. . . . . . . . . . . . . .
. . . . . .
12 . 11 . RECREATION on NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
12 . I . PUBLIC WORKS — NONE
12 . 7 . UTILITIES SERVICES . . too Sao now Soo Posted Dogged * @ * Name 0 * 66 see * @ Mass moo 000 0 * 6 moo pose now a
moseedwe 22
1 v 12 . 7 . 1 . WEST REGIONAL ODOR CONTROL STUDY — FINAL PAY REQUEST . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 22
l
61
12 . 7 . 2 . UTILITY CONSTRUCTION STANDARDS SEPTEMBER 2011 — UCP 3 1 10 . . . . . . . . . . . . . . . . . . . .
. . . 22
12 . 7 . 3 . SPOONBILL MARSH WETLAND FACILITY — ADDITIONAL OYSTER BEDS . . . . . . . . . . . . . . . . . . . 23
13 . COUNTY ATTORNEY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
1
- u0nu 141 PG 293
September 6, 2011 4
' if;�i
13 . A . INITIAL REVIEW AND DISCUSSION OF PROPOSED INDIAN RIVER COUNTY
SECONDARY METALS RECYCLERS ORDINANCE . . @ * @@ON Poe mass am one osoo * gsoa 0 * 40990 so see 00 * buftma @good 923
13 . B . QUASI — JUDICIAL PROCEEDINGS . . . . . . me 666649 * 6 * Message Deletes Devote * games Down somm Does some Damon no same
0 * 00se4o 27
13 . C . AMENDED RESOLUTION OF NECESSITY FOR THE LAUREL HOMES PARCEL OF
PROPERTY LOCATED ON 66TH AVENUE SOUTH OF 15TH STREET . a a 1 9 9 4 0 6 0 0 4 1 a 0 6 0 28
14 . COMMISSIONER ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
14 . A . COMMISSIONER BOB SOLARI , CHAIRMAN — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 29
14 . B . COMMISSIONER GARY C . WHEELER , VICE CHAIRMAN — NONE . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 29
14 . C . COMMISSIONER WESLEY S . DAVIS — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
14 . D . COMMISSIONER JOSEPH E . FLESCHER — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 30
14 . E . COMMISSIONER PETER D . O ' BRYAN — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
15 . SPECIAL DISTRICTS AND BOARDS . . a 0 a a 0 a 0 f a a a a 0 a 6 6 a a a 5 a a s a a 0 6 * a * so * go mmvsso & & Ov 6969884 * 0 * 0a
00 * too * @ 0 * 00 me 60 * 000 30
15 . A . EMERGENCY SERVICES DISTRICT — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
15 . B . SOLID WASTE DISPOSAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
kw 15 . B . 1 . APPROVAL OF MINUTES SWDD BUDGET HEARING JULY 13 , 2011 . . . . . . . . . . . . . . . . . . .
. . . . . . . . 30
15 . 13 . 2 . APPROVAL OF MINUTES MEETING OF JULY 19 , 201 1 . . . . . . . . . . . . . . . . . . . . . .
. easy . . . . . . . . . . . . . . . . . . . . 30 '
15 . 13 . 3 . 2011 PETITION HEARING — SOLID WASTE DISPOSAL DISTRICT ASSESSMENT
FEES . 0 a 0 0 0 a 0 a s a a 8 6 a a 0 0 a 0 a 0 a 0 a a 0 a 0 0 a 0 a 9 0 2 6 0 a a a 0 a a 0 9 0 9 0 0 0
a a a s a W a a 0 a 0 0 a a a a a a a a 4 a 0 0 a a a 0 a a 0 6 a 0 0 0 1 0 0 0 0 a a a 0 a 0 a 0 a a a a a a a a a a 0 0
a 0 6 d 630
15 . C . ENVIRONMENTAL CONTROL BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
15 . C . 1 . APPROVAL OF MINUTES MEETING OF MAY 24 , 2011 . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 31
15 . C . 2 . REPORT OF ACTIVITIES FOR THIRD QUARTER FYI Off 11 ( APRIL THROUGH JUNE
2011 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 31
16 . ADJOURNMENT . . . . . . . . . . . . . . . a 0 a 0 6 a 0 a a a 8 a a 0 0 a a 0 0 a 0 0 0 a 0 1 6 a a 0 a 0 a a a a a a 0 0 0 0 0 a
0 a a 0 5 a a a 0 0 0 9 9 a a 0 0 0 0 6 & a 0 0 0 0 a 0 a 9 0 9 a 0 9 9 a a 0 a a a a a 0 a a 0 a 0 a a 0 0 a & 0 0 a a 0 31
001{ 141 PG 294
September 6, 2011 5
JEFFREY K. BARTON
Clerk to the Board
�ORI�4'
September 6 , 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 27th Street, Vero Beach, Florida, on
Tuesday, September 6 , 2011 . Present . were Chairman Bob Solari , Vice Chairman Gary C .
Wheeler, Commissioners Wesley S . Davis and Peter D . O ' Bryan. Commissioner Joseph E .
Flescher was absent . Also present were County Administrator Joseph A . Baird, County Attorney
Alan S . Polackwich, Sr. , and Deputy Clerk Leona Adair Allen.
1 . CALL TO ORDER
Chairman Solari called the meeting to order at 9 : 00 a. m.
2 . INVOCATION
Deputy Teddy Floyd, Indian River County Sheriff' s Department, delivered the
Invocation .
3 . PLEDGE OF ALLEGIANCE
Administrator Baird led the Pledge of Allegiance to the Flag .
BK 141 PG 295
September 6 , 2011 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
ON MOTION by Commissioner Davis , SECONDED by
Commissioner O ' Bryan, by a 4. 0 vote (Commissioner
Flescher absent) , the Board approved the Agenda as
presented .
5 . PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OFPROCLAMATIONDESIGNATING THE MONTH OF
SEPTEMBER AS SICKLE CELL A WARENESS MONTH
Commissioner Davis read and presented the Proclamation to Yvette Coursey, Chief
Executive Officer for the Sickle Cell Foundation of Palm Beach County and the Treasure Coast.
She thanked the Board for the Proclamation, provided information regarding upcoming
activities, and announced that further information could be ®btained by calling ( 561 ) 833 -3113 ,
or e-mailing the West Palm Beach office at thesicklecellfoundation cgyahoo . com .
S. B. PRESENTATIONBY VICKI WILD, EXECUTIVE DIRECTOR. KEEPINDL4N
RIVER BEAUTIFUL. PROMOTING THE INTERNATIONAL COASTAL CLEANUP
EVENTAND THE OCEAN CONSERVANCY ONSEPTEMBER 17. 2011
Vicki Wild was absent .
BK 141 PG 296
September 6 , 2011 2
6 . APPROVAL OF MINUTES
6.A. BUDGET WORKSHOP OF JULY 139 2011
The Chairman asked if there were any corrections or additions to the Minutes of the
Budget Workshop Meeting of July 13 , 2011 . There were none .
ON MOTION by Commissioner Davis , SECONDED by
Commissioner O ' Bryan, by a 4- 0 vote (Commissioner
Flescher absent) , the Board approved the Minutes of the
Budget Workshop of July 13 , 2011 , as written .
6. B. REGULAR MEETING OF JULY 199 2011
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of July 19 , 2011 . There were none .
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O ' Bryan, by a 4 -0 vote (Commissioner
Flescher absent) , the Board approved the Minutes of the
Regular Meeting of July 19, 2011 , as written .
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. JUVENILE JUSTICE COUNCIL
Noted for the record was the request from the Juvenile Justice Council for Commissioner
Joseph E . Flescher to serve as a Council member. This appointment/membership is a State
requirement .
OuUft
! 4 ! PG 297
September 6 , 2011 3
8 . CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES - JULY 159 2011 ToJuLY21 . 2011
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4 - 0 vote (Commissioner
Flescher absent) , the Board approved the list of Warrants
J and Wires as issued by the Clerk to the Board for the time
period of July 15 , 2011 to July 21 , 2011 , as requested in
the memorandum of July 21 , 2011 .
8. B. APPROVAL OF WARRANTS AND WIRES - AUGUST S. 2011 TO AUGUST 11 ,
2011
ON MOTION by Commissioner O ' Bryan , SECONDED
by Vice Chairman Wheeler, by a 4 - 0 vote (Commissioner
Flescher absent) , the Board approved the list of Warrants
and Wires as issued by the Clerk to the Board for the time
i period of August 5 , 2011 to August 11 , 2011 , as requested
in the memorandum of August 11 , 2011 .
'1
1
8. C. _ APPROVAL OF WARRANTS AND WIRES - A UGUST 12, 2011 To AUGUST 18,
2011
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4- 0 vote (Commissioner
Flescher absent) , the Board approved the list of Warrants
and Wires as issued by the Clerk to the Board for the time
period of August 12 , 2011 to August 18 , 2011 , as
requested in the memorandum of August 18 , 2011 .
BK 141 PG 2 9 ,8
A
September 6 , 2011 4
8.D. APPROVAL OFWARRANTSAND WIRES - AUGUST 199 2011 ToAUGUST25
2011
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4 - 0 vote (Commissioner
Flescher absent), the Board approved the list of Warrants
and Wires as issued by the Clerk to the Board for the time
period of August 19 , 2011 to August 25 , 2011 , as
requested in the memorandum of August 25 , 2011 .
8. E. CAROLE JEAN JORDAN. INDL4NRIVER COUNTY TAX COLLECTOR.
CERTIFICATION OF TAX ROLL
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4- 0 vote (Commissioner
Flescher absent), the Board ordered the certification of the
2011 tax roll to be extended prior to the completion of the
Value Adjustment Board (VAB) hearings, if completion
of the hearings would otherwise be the only cause for a
delay in the issuance of tax notices beyond November 1 ,
2011 , as requested in the Tax Collector ' s memorandum
dated August 25 , 2011 .
BR 141 PG 299
September 6 , 2011 5
8. F. INEOS NEW PLANET BIOENERGY CASHDEPOSIT AND ESCROW
AGREEMENT FOR COMPLIANCE INCIDENTAL MINING
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4 -0 vote (Commissioner
Flescher absent) , the Board authorized the Chairman to
execute the Cash Deposit and Escrow Agreement for
Compliance , as recommended in the memorandum of
August 19 , 2011 .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. G. DEVELOPER: NORTH SHORE CLUB, LLCACCEPTANCE OF TEMPORARY
EASEMENT FOR UTILITIES UNTIL PROPERTY IS PLATTED DEPICTING A
PERPETUAL EASEMENT
N ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4. 0 vote (Commissioner
Flescher absent) , the Board approved and accepted the
Temporary Utility Easement and authorized the Chairman
t to execute same, for recordation in the Public Records of
Indian River County, as recommended in the
memorandum of August 26 , 2011 .
EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
BK 141 PG 300
September 6 , 2011 6
8. H. RESOLUTIONS CANCELLING TAXES ONPROPERTIES ACQUIRED BY THE
INDL4NRIVER COUNTYHOUSINGAUTHORITYFOR PUBLICPURPOSES
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4 -0 vote (Commissioner
Flescher absent) , the Board approved :
( 1 ) Resolution 2011 -061 , cancelling certain taxes upon
publicly owned lands, pursuant to Section 196 . 28 , Florida
Statutes .
(Federal National Mortgage Association to Indian River
County Housing Authority Neighborhood Stabilization
Program)
(2) Resolution 2011 -062 , cancelling certain taxes upon
publicly owned lands, pursuant to Section 196 . 28 , Florida
Statutes .
(Bank of America, N . A . to Indian River County Housing
Authority Neighborhood Stabilization Program)
(3 ) Resolution 2011 -063 , cancelling certain taxes upon
publicly owned lands, pursuant to Section 196 . 28 , Florida
Statutes .
(HSBC Bank USA, National Association, as Trustee for
the holders of Deutsche Alt-A Securities Mortgage Loan
Trust, Series 2006-ARI to Indian River County Housing
Authority Neighborhood Stabilization Program)
(4) Resolution 2011 - 064 , cancelling certain taxes upon
publicly owned lands, pursuant to Section 196 . 28 , Florida
Statutes .
BK 141 PG 301
September 6, 2011 7
(HSBC Bank USA, National Association, as Trustee for
Wells Fargo Asset Securities Corporation Home Equity
Asset Backed Certificates, Series 20064 to Indian River
County Housing Authority Neighborhood Stabilization
Program)
, 1
8. I. APPROVAL OFATTORNEY'S FEES AND EXPENSES IN CRFPANTHER
BANKRUPTCY
I
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4 . 0 vote (Commissioner
Flescher absent) , the Board approved payment of the Bush
Ross final invoice in the amount of $ 1 , 682 . 82 , as
recommended in the memorandum of August 23 , 2011 .
t
8. J. APPROVAL OF RENEWAL OFA CLASS "E " CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ARC OF INDL4NRIVER COUNTY TO
PROVIDE WHEELCHAIR SERVICES
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4- 0 vote (Commissioner
Flescher absent) , the Board approved renewal of the Class
"E" Certificate of Public Convenience and Necessity for
Abilities Resource Center (ARC) of Indian River County,
to be effective for a period of two (2) years , commencing
October 5 , 2011 , and expiring October 5 , 2013 , as
recommended in the memorandum of August 15 , 2011 .
CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 6 , 2011 8
BK 141 PG 302
8. K. APPROVAL OFRENEWAL FORA CLASS "E " AND CLASS "B " CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY FOR ALL COUNTY
AMBULANCE INC. TO PROVIDE WHEELCHAIRISTRETCHER AND
INTERFACILITYAMBULANCE TRANSPORTATIONSERVICES
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4 . 0 vote (Commissioner
Flescher absent) , the Board approved renewal of the Class
"E" and Class "B " Certificate of Public convenience and
Necessity for All County Ambulance, Inc . , to be effective
for a period of two (2) years , from October 2 , 2011 to
October 2 , 2013 , as recommended in the memorandum of
August 9 , 2011 .
CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. L. APPROVAL OFRENEWAL FOR A CLASS "E " CERTIFICATE OFPUBLIC
CONVENIENCE AND NECESSITY FOR SENIOR RESOURCE ASSOCL4 TION TO
PROVIDE WHEELCHAIR SERVICES
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4 - 0 vote (Commissioner
Flescher absent) , the Board approved renewal of the Class
"B" Certificate of Public Convenience and Necessity for
the Senior Resource Association, to be effective for a
period of two (2) years from October 2 , 2011 to October 2 ,
2013 , as recommended in the memorandum of August 15 ,
2011 .
UNK 141 PG 303
September 6 , 2011 9
CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. REOUEEST FOR USE OFHOLMANSTADIUM - "THIRD ANNUAL CELEBRITY
YS. GOVERNMENT SOFTBALL GAME FUNDRAISER "
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4 .0 vote (Commissioner
Flescher absent) , the Board : ( 1 ) approved the Holman
Stadium Use Agreement with Every Dream Has a Price,
Inc . ; (2) authorized the County Administrator or his
designee to execute the Agreement; and (3 ) granted the
: T User Group ' s request for waiver of the standard security
deposit and deletion of the alcohol prohibition required
under Section E of Exhibit 1 to the standard Stadium Use
Agreement, all as recommended in the memorandum of
July 20, 2011
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8A REQUEST FOR USE OFHOLMANSTADIUM - "SIXTHANNUAL MARDY'S
TENNIS AND .TAKE 'S MUSIC FEST"
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4- 0 vote (Commissioner
Flescher absent) , the Board : ( 1 ) approved the Holman
Stadium Use Agreement with the Jake Owen Foundation ;
(2) authorized the County Administrator or his designee to
execute the Agreement ; and (3 ) granted the User Group ' s
request for reduction of the standard security deposit and
deletion of the alcohol prohibition required under Section
September 6 , 2011 10Bun 14 PG 3 0 4
r E of Exhibit 1 to the standard Stadium Use Agreement, all
as recommended in the memorandum of July 28 , 2011 .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. 0. CONSIDERATIONOFINDMNRIVER COUNTY '52011 SHIP PROGRAM
ANNUAL REPORTS
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4-0 vote (Commissioner
Flescher absent) , the Board : ( 1 ) approved the State
Housing Initiatives Partnership ( SHIP) annual reports ; and
(2) authorized the Chairman to execute the report ' s
certification pages, as recommended in the memorandum
of August 15 , 2011 .
REPORTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.P. JOINT PAR TICIPATIONAGREEMENT (JPA) WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR: UPGRADES TO
TRAFFICSIGNAL SYSTEMEQUIPMENTFM# 228613-3-5441
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4-0 vote (Commissioner
Flescher absent) , the Board approved Resolution 2011 -
065 , authorizing a Joint Participation Agreement for
traffic signal system enhancements .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
ON 141 PG 305
September 6, 2011 11
8. Q MAINTENANCE OF COUNTYBEACHPARKSAND BEACHACCESS POINTS
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4 - 0 vote (Commissioner
Flescher absent) , the Board authorized an invitation to bid
the service functions associated with routine beach park
maintenance and return to the Board at a future date to
determine whether to award a contract to the successful
bidder, or to reject all bids and continue the operation in-
house, as recommended in the memorandum of August
26 , 2011 .
B. R. F. D. O. T. LOCAL AGENCYPROGRAM (LAP) SUPPLEMENTAL AGREEMENT
AND RESOLUTIONAUTHORIZING THE CHAIRMAN'S SIGNATURE FPNNO,
418136-1 -58- 01 INDIAN RIVER BOULEVARD SIDE WALK IMPR0VEMENTS
FROM 12TH ST TO 17TH ST. IRC PROJECT NO. 0745
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4- 0 vote (Commissioner
Flescher absent), the Board approved Resolution 2011 -
066 , authorizing execution of a Supplemental Local
Agency Program Agreement for Indian River Boulevard
sidewalk improvements from 12th Street to 17`h Street,
with the State of Florida, Department of Transportation .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
{ 141 PG 306
September 6, 2011 12
8. S. AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING SERVICES WITH
BRIDGE DESIGNASSOCL4TES. INC. FOR IRC PROJECT NO. 0517 OSLO
ROAD PHASE III FROM 58TH AVENUE TO 43RD AVENUE
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4.0 vote (Commissioner
Flescher absent) , the Board : ( 1 ) approved the Professional
Civil Engineering Services Agreement with Bridge Design
Associates , Inc . , authorizing design and construction
phase services as outlined in the proposal ; and (2)
authorized the Chairman to execute the Agreement for the
not-to-exceed amount of $ 66, 630 . 00 , as recommended in
the memorandum of August 9 , 2011 .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. T. MISCELLANEOUS B UDGET AMENDMENT 022
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4- 0 vote (Commissioner
Flescher absent) , the Board approved Resolution 2011 -
067 , amending the fiscal year 2010-2011 Budget .
Un
14 ! P6 307
September 6 , 2011 13
8. U. APPROVAL OF BID AWARD FOR IRC BID NO. 2012003 ANNUAL BID TO
FURNISH AND DELIVER POLYMER
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4 - 0 vote (Commissioner
Flescher absent) , the Board : ( 1 ) approved the bid award to
Polydyne, 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, vendor acceptance,
and the determination that renewal of this bid is in the best
interest of Indian River County, all as recommended in the
memorandum of August 30 , 2011 .
141 PG 308
September 6 , 2011 14
8, V, F.D. O. T. CONSTR UCTIONAGREEMENT AND RESOL UTIONA UTHORIZING
THE CHAIRMAN 'S SIGNATURE 66TH AVENUE AND SR 60 — IRCPROJECT
No. 0545
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4. 0 vote (Commissioner
Flescher absent) , the Board approved Resolution 2011 -
068 , authorizing execution of a Construction Agreement
for construction, for the widening of 66th Avenue at SR 60
within the State right-of-way with the State of Florida,
Department of Transportation and providing an effective
date .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. W. APPROVAL OF BID AWARD FOR IRC BID No. 2011051 DEMOLITION OF
TWO (2) CONDEMNED STRUCTURES
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4-0 vote (Commissioner
Flescher absent) , the Board approved : ( 1 ) bid award to
LGT Enterprises, LLC as the lowest and most responsive
bidder meeting the specifications as set forth in the
Invitation to Bid ; and (2) the issuance of a Purchase Order
after receipt and approval of the appropriate Certificate of
Insurance , as recommended in the memorandum of
August 5 , 2011 .
K 141 PG 3 0 9
September 6 , 2011 15
8.X. APPROVAL OF BID AWARD FOR IRC BID No. 2012004 ANNUAL BID FOR
ALUMINUM SIGN BLANKS AND HARDWARE
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4-0 vote (Commissioner
Flescher absent) , the Board : ( 1 ) approved the bid award to
Universal Signs and Accessories 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 or individual job
purchase orders , for the period of October 1 , 2011 through
September 30 , 2012 with the recommended bidders and
(3 ) authorized the Purchasing Manager to renew this bid
for two (2) additional one ( 1 ) year periods subject to
satisfactory performance, vendor acceptance, and the
determination that renewal of this annual bid is in the best
interest of Indian River County, as recommended in the
memorandum of August 25 , 2011 .
September 6 , 2011 16 BK 14 1 PG 3 10
8. Y ACCEPTANCE OFEMERGENCYMANAGEMENT SUBGRANTAGREEMENT
12-BG404041431
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4- 0 vote (Commissioner
Flescher absent), the Board : ( 1 ) approved the Federally
Funded Subgrant Agreement ( 12 -B & 4040- 01 -031 ) ;
and (2) authorized the Chairman to execute said
Agreement between Indian River County Emergency
Management and the State of Florida, Division of
Emergency Management, as recommended in the
memorandum of August 25 , 2011 .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. Z. ACCEPTANCE OF EMERGENCYMANAGEMENT FEDERALLY-FUNDED
SUBGRANT AGREEMENT 12-FG-lO-4O-OI -098
ON MOTION by Commissioner O ' Bryan, SECONDED
by Vice Chairman Wheeler, by a 4 -0 vote (Commissioner
Flescher absent) , the Board : ( 1 ) approved the Federally
Funded Subgrant Agreement ( 12 -F&- 4 0 -40- 01 -098) ;
and (2) authorized the Chairman to execute said
Agreement between Indian River County Emergency
Management and the State of Florida, Division of
Emergency Management, as recommended in the
memorandum of August 25 , 2011 .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
ON% 141PG311
September 6 , 2011 17
9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10 . PUBLIC ITEMS
10.A. PUBLICHEARING(S) - NONE
10A PUBLICDISCUSSIONITEMS
10. 8. 1. REQUEST TO SPEAK FROMPETE SHARMANREGARDING PEP REEF
Pete Sharman proposed building another reef to help protect the barrier island from
AL
beach erosion. He suggested building the permanent reef from concrete rubble of buildings ,
bridges, and roads being demolished. He also suggested procuring a dredge, tug, and barge that
could deliver sand to the reef site during construction, replenish beaches as necessary, and even
do private dredging . He said his proposal would provide jobs, save debris from going into the
solid waste site, create new fishing and diving areas , and save money on dredging .
NO BOARD ACTION REQUIRED OR TAKEN
Commissioners Davis and O ' Bryan acknowledged that this item would be further
discussed at the Coastal Structures Workshop, scheduled for Monday, September 19 , 2011 , at
3 : 00 p . m. , in Building "B ", Room 1 - 501 .
t
8K 14 1 PG 3 12
September 6 , 2011 18
i
10. C. PUBLIC NOTICE ITEMS
MCI. NOTICE OF SCHED ULED PUBLIC HEARING SEPTEMBER 13, 2011 : TO
CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 103 OF
THE CODE WITH RESPECT TO COMMITTEE MEMBER TERMS AND TO
ADDRESS AND CORRECT CERTAIN INCONSISTENCIES AND HOUSEKEEPING
MATTERS (LEGISLATIVE)
10. C. 2. NOTICE OF SCHED ULED PUBLIC HEARING SEPTEMBER 13, 2011 : TO
CONSIDER ADOPTION OFAN ORDINANCE REMOVING FROM THE CODE
ANYPROVISIONS RELATING TO FIREARMSAND AMMUNITION
(LEGISLATIVE)
10. C: 3. NOTICE OF SCHED ULED PUBLIC HEARINGS SEPTEMBER 13, 2011 ,
SEPTEMBER 20, 2011 , AND OCTOBER 18, 2011 : RELATING TO
REDISTRICTING OF INDIAN RIVER COUNTY COMMISSIONER DISTRICTS
(ADMINISTRATIVE)
County Attorney Alan S . Polackwich, Sr . read the notices into the record .
Chairman Solari announced that proposed redistricting maps are located on the County ' s
website , and in the Foyer of Administration Building "A . "
11 . COUNTY ADMINISTRATOR MATTERS - NONE
BK 141 PG 313
September 6 , 2011 19
12 . DEPARTMENTAL MATTERS
12.A, COMMUNITYDEVELOPMENT
12.A. 1 . REQUEST FROM WATERWAY VILLAGE DEVELOPER TO EXTEND
TIMEFRAMES FOR COMPLETING INTERNAL SIDEWALKS AND ,SECOND
(FINAL) LIFT OFASPHALT
Community Development Planning Director Stan Boling recapped his memorandum of
August 22 , 2011 , by using a PowerPoint presentation (on file) . He provided background ;
interpreted the subdivision regulations and changes made in 2009 ; and reviewed the request from
the Waterway Village Developer to extend the bond-out timeframes for internal sidewalks and
the second lifts of asphalt, from two to four years . He recommended the Board extend the
optional bond-out period for internal sidewalks and the second lift of asphalt from the current
code provision of two years to four years , invoke the pending ordinance doctrine, and allow the
processing of extensions .
Chairman Solari sought and received information on the provisions for current and new
homeowners regarding the notifications of timeframe requirements .
Attorney Bruce Barkett, representing the Waterway Village Developer, said he would
add the notification to the residents in a newsletter.
Commissioner O ' Bryan supported staff' s proposal and believed the extension was a
logical compromise .
September 6 , 2011 20 BK 141 PG 314
P
ON MOTION by Commissioner O ' Bryan, SECONDED
by Commissioner Davis , by a 4 -0 vote (Commissioner
Flescher absent) , the Board : ( 1 ) directed staff to initiate
the process of amending the subdivision and site plan
regulations to allow a total construction/bond- out
timeframe of four (4) years for construction of internal
sidewalks and installation of second (final) lifts of asphalt
on internal streets ; and (2) invoked the pending ordinance
doctrine to allow staff to process and execute contracts to
extend timeframes for constructing sidewalks and for
installing second lifts of asphalt, as recommended in the
memorandum of August 22 , 2011 .
Chairman Solari further clarified the changes to the timeframe involved with the
installation of sidewalks and the second (final) lifts of asphalt .
12. B. EMERGENCYSERVICES - NONE
12. C. GENERAL SERVICES - NONE
12. D. HUMANRESOURCES - NONE
12. E. HUMANSERVICES - NONE
12. F. LEISURE SER VICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12. H. RECREATION - NONE
K 141 PG 315
September 6, 2011 21
12.1. PUBLIC WORKS - NONE
12. .1. UTILITIES SERVICES
12. .1. 1. WEST REGIONAL ODOR CONTROL STUDY - FINAL PA Y REo UEST
ON MOTION by Commissioner Davis , SECONDED by
Commissioner O ' Bryan, by a 4- 0 vote (Commissioner
Flescher absent) , the Board approved final payment to
Atkins North America, Inc . (formerly known as PBS &J)
in the amount of $ 6 , 840 . 00 , as recommended in the
memorandum of August 29 , 2011 .
12912. UTILITY CONSTRUCTION STANDARDS SEPTEMBER 2011 - UCP 3110
Director of Utility Services Erik Olson noted that this was an annual review of
construction standards, and explained how the Florida Department of Transportation ' s new
rulings have driven a technical modification to water and wastewater construction standards . He
conveyed that the intent and technological integrity of the document remains intact, and all
revisions are considered to be clarifications . He responded to questions from the Board .
ON MOTION by Commissioner Davis , SECONDED by
Chairman Solari , by a 4 - 0 vote (Commissioner Flescher
absent) , the Board approved adoption of the revised Indian
River County Department of Utility Services Water and
Wastewater Utility Standards, dated September 2011 , as
presented and recommended in the memorandum of
August 19, 2011 .
K 141 PG 316
September 6 , 2011 22
12, 13. SPOONBILL MARSH WETLAND FACILITY — ADDITIONAL OYSTER BEDS
Director Olson elaborated on the success of the oyster colonization project at the
Spoonbill Marsh, and requested approval to increase the total amount of rock oyster clusters
without advertising for bid .
MOTION WAS MADE . by Commissioner Davis ,
SECONDED by Vice Chairman Wheeler, to approve
staff' s recommendation .
Director Olson noted the positive effects of the nutrient removal requirements and
addressed questions from the Board .
The Chairman CALLED THE QUESTION and the
Motion carried . The Board by a 4-0 vote (Commissioner
Flescher absent) , approved the Sembler and Sembler, Inc .
proposal as presented, in the amount of $45 , 000 . 00 , for the
installation of rock oyster clusters, as recommended in the
memorandum of August 30 , 2011 .
13 , COUNTY ATTORNEY MATTERS
B.A. INITIAL REVIEW AND DISCUSSION OFPROPOSED INDL4NRIVER COUNTY
SECONDARYMETALS RECYCLERS ORDINANCE
Assistant County Attorney Brooke Odom recapped her memorandum dated August 31 ,
2011 . She provided background ; explained how Chapter 538 of the Florida Statutes regulates
secondary metals recyclers and the purchase and sale of regulated metals property ; and reviewed
the proposed ordinance , which imposes additional and more restrictive regulations upon
secondary metals recyclers . She requested the Board determine whether to move forward with
K 141 PG 317
September 6 , 2011 23
the adoption of the proposed ordinance, and if so , offer suggestions and comments . She also
requested the Board authorize advertising for a Public Hearing to consider final adoption .
Attorney Polackwich acknowledged that there are five secondary recyclers in the County,
and that all had been provided Notice .
Attorney Odom addressed questions and concerns from the Board .
Sheriff Deryl Loar urged the Board to adopt the proposed ordinance at the Public
Hearing . He pointed out that the current crime trends throughout the State for copper, brass , and
aluminum being traded with secondary recyclers, has been overwhelming.
James Harpring, General Counsel , Sheriff' s Office, said the ordinance would be an
important tool for the Sheriff' s Office, and did not think it would impede any lawful businesses .
A brief discussion ensued regarding the current laws and restrictions , and regulated
metals .
Attorney Polackwich clarified that the State Law states that if any secondary metal is sold
in a transaction of $ 1 , 000 or more, the seller cannot be paid in cash, whereby the proposed
ordinance would tighten the loop hole in the State law, and not allow cash transactions .
Shannon Cook, Indian River Scrap Metal , explained why he did not support the
proposed ordinance ; defined his company ' s policies and procedures ; and said he had no
problems issuing a check to his customers for regulated metals , but expressed concerns about
mailing their checks . He spoke about the process, the information required from his customers,
and the security used (driver ' s licenses , video cameras , how everything is saved, thumb printed,
identified, and signed for) when purchasing regulated metals . He believed that everything
required for restricted/regulated items was already in place and that the requirement would be
"one more form of documentation . " He said that at the end of every workday he could/would
September 6 , 2011 24 U4 ! PG 3 18
Un
e-mail , fax, or hand- carry information to the Sheriff' s Office regarding each regulated metal he
purchased .
Discussion ensued regarding the records for regulated metals and the inconvenience of
mailing checks .
Richard Hutton , 1975 SW 1 " Place SW, did not think the proposed ordinance would
affect the honest man, only the criminal .
Chris Lange , Mr . Scrap , Inc . , 4455 45th Street, stated that the majority of secondary
recyclers do not condone stealing, and that most have been victims at their own facilities . He
described his operation and noted that everything is electronic, with cameras , thumb prints , and
driver ' s license swiping . He applauded the County for their efforts , but believed that if too many
restrictions are put on thieves , they simply go to another County . He emphasized that one cannot
stop a thief with more regulations , but rather investigations , and catching them in the act .
Keith Tagg, Mr. Scrapp , Inc . , conveyed that his business does not purchase man-hole
covers , electric light poles , guard rails , street signs , funeral markers , or suspicious items . He
clarified his business process and procedures , and described recent incidents that occurred at his
salvage yard. His main concern, at this time , was the proposed requirement of mailing checks to
the customer for regulated metals , which has already been documented, and would create one
more piece of documentation, that he believes is over regulating .
Vice Chairman Wheeler reiterated that the ordinance would not be adopted today, but
rather refined for the Public Hearing . He did not believe that mailing the check for regulated
metals would accomplish anything since the information will have already been documented ,
along with scanned driver ' s licenses , videos , and thumb prints .
noun 141 PG 31 9
September 6 , 2011 25
Questions and discussion ensued regarding stolen merchandise, the three -day timeframe
to write a check, fraudulent identification, and the need to disseminate information to all local
agencies through the Sheriff' s Office .
Theresa Vives and Alex Vives , Cash In Recycling Center in Roseland, spoke conjointly
as they provided background regarding their recycling business . She stated that their business
uses video surveillance, driver' s license scanning, fingerprinting, hand written receipts, and a
liaison detective who works directly with them . They also opposed sending checks to their
customers because the premise of their business is , as the name implies, "cash in" , which is what
her customers prefer, cash in their pockets when they leave . They believed that sending checks
to their customers for regulated metals would negatively affect their customers and their
business .
Ricardo Camp , 4105 32nd Avenue , Vero Beach, Property Manager, provided details
regarding an incident whereby an abandoned car was left on his property, and after contacting
Mr. Scrap , was informed that he could not receive cash for the car, only a check, and only after
providing his fingerprints , driver ' s license, and military identification card . He felt the
businesses were respectable, and their processes substantial . He asked the Board to take a
common sense approach.
The Commissioners supported secondary metals recyclers writing checks to their
customers for regulated materials , but did not believe it should be a requirement to mail them .
Attorney Polackwich said this would be brought back to the Board in October, and that
Notice would be sent to all local recyclers in advance .
September 6 , 2011 26 BK 141 PG 3 2 0
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Davis , by a 4-0 vote (Commissioner
Flescher absent) , the Board approved staff to bring the
proposed ordinance back to the Board, and authorized the
County Attorney ' s Office to advertise for a Public Hearing
to consider final adoption .
The Chairman called a break at 11 : 16 a. m. , and reconvened the meeting at 11 : 26 a. m. ,
with all members present.
B. B. QUASI4UDICIAL PROCEEDINGS
Attorney Polackwich provided background regarding the Board ' s adoption and repeals of
Resolution 2009- 004 . He said he brought this proposed resolution, along with the Board ' s
suggested revisions to the language of the Quasi-Judicial Guidelines (pages 394 to 401 of the
Agenda Packet) , back to the Board for adoption . He believed the adoption of the proposed
resolution and guidelines will ensure that everyone involved in quasi judicial proceedings will
have a clear understanding of how the proceedings will be conducted, reducing the likelihood of
misunderstandings , errors, and legal challenges . He recommended the Board adopt the
resolution, which repeals Resolution 2009- 004 and incorporates new guidelines .
Commissioner O ' Bryan requested the word "contested," to be deleted under Pre-
Hearing Matters , Item No . 1 . Notice to Commissioners , in the Quasi-Judicial Guidelines (page
396 of Agenda Packet) . He wanted notification on all quasi-judicial matters .
Discussion ensued regarding controversial/contested issues, ex parte communication, and
staff sending e-mail notifications, on all quasi judicial matters , to each Commissioner.
Attorney Polackwich pointed out that the proposed guidelines do not prevent the Board
from considering an uncontested quasi judicial matter on the Consent Agenda.
September 6 , 2011 27 Bun 141 PG 3 21
Vice Chairman Wheeler questioned the impact it would have on staff if the word
"contested" was be deleted, whereby staff would notify the Commissioners on all quasi judicial
matters (not just contested) . He also voiced concern over trying to keep a running list of the
quasi judicial issues/projects that would probably come before the Board for a decision.
ON MOTION by Commissioner O ' Bryan, SECONDED
by Commissioner Davis , by a 34 vote (Commissioner
Flescher absent and Vice Chairman Wheeler opposed), the
Board approved Resolution 2011A69 , establishing
guidelines for quasi judicial proceedings before the Board ;
and approved the Quasi-Judicial Guidelines as amended to
delete of the word "contested, " under Pre-Hearing
Matters, Item No. 1 . Notice to Commissioners.
After the Motion, and in response to Vice Chairman Wheeler ' s question, Community
Development Director Bob Keating said staff would probably send the Commissioners Pre-
Application Notices and Technical Review Committee Meeting Notices since they list all the
projects that are quasi judicial .
B. C. AMENDED RESOLUTION OF NECESSITY FOR THE LAUREL HOMES PARCEL
OFPROPERTYLOCATED ON 66THAvENUE SOUTH OF 15TH
STREET
Deputy County Attorney William DeBraal reported that the Resolution of Necessity,
approved on February 1 , 2011 , for acquisition of right-of--way, the pond parcel , and the
temporary construction easements (TCE) needed from Laurel Homes , Inc . for the 66th Avenue
South Improvement Project, now requires amending to include a specific length of time for the
two temporary construction easements, Parcel 16 and 16A . He said the appraisal report values
the TCE based on an l &month period ; therefore, the amended Resolution of Necessity would
include a duration of 18 months . He requested the Board approve the amended Resolution and
ME 141 PG 322
September 6 , 2011 28
kw
direct staff to proceed with the necessary right-of-way acquisition through the County ' s power of
Eminent Domain.
MOTION WAS MADE by Commissioner Davis ,
SECONDED by Commissioner O ' Bryan, to approve
staff s recommendation.
Commissioner O ' Bryan questioned the 1 &month time period and when the work would
start .
THE Chairman CALLED THE QUESTION and the
Motion carried . The Board by a 4- 0 vote (Commissioner
Flescher absent), approved an amended Resolution 2011 -
070, declaring a reasonable necessity to acquire certain
real property for the purposes of improving and
constructing 66th Avenue, including side street,
intersection, sidewalk and water retention pond
improvements ; authorizing the County Attorney to acquire
the attached properties by the institution of proceedings in
Eminent Domain, and providing an effective date .
(Properties defined in Exhibit A of Resolution)
14. COMMISSIONER ITEMS
14.A. COMMISSIONER BOB SOLARI CHAIRMAN - NONE
14A COMMISSIONER GARY C. WHEELER9 VICE CHAIRMAN - NONE
14. C. COMMISSIONER WESLEYS. DAVIS - NONE
! PG 323
September 6 , 2011 29 on
I4
FL
14. D. COMMISSIONER JOSEPH E. FLESCHER - NONE
14. E. COMMISSIONER PETER D. O 'BRYAN - NONE
IF
15 . SPECIAL DISTRICTS AND BOARDS
15A EMERGENCYSERVICES DISTRICT - NONE
15A SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Regular Board of
County Commission Meeting, the Board would reconvene as the Board of Commissioners of the
,LL
Solid Waste Disposal District. Those Minutes are being prepared separately .
` I5AL APPROVAL OFMINUTESSWDDBUDGETHEARINGJULYI3, 2011
15. B. 2. APPROVAL OFMINUTES MEETING OF JULY 19, 2011
15. B. 3. 2011 PETITIONHEARING — SOLID WASTE DISPOSAL DISTRICT
ASSESSMENT FEES
150 C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board . Those Minutes are being prepared separately.
1 S. C. 1. APPROVAL OF MINUTES MEETING OF MAY 24, 2011
own 141 PG 324
September 6 , 2011 30
I S. C. 2. REPORT OFA cnyi s FOR THIRD QUARTER FYI 041 (APRIL
THROUGH JUNE 2011)
ALL BACKUP DOCUMENTATION, RESOLUTIONS , AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business , the Chairman declared the meeting adjourned at
11 : 49 p . m .
ATTEST :
Jeffrey K. Barton, Clerk Bob Solari, Chairman
Minutes Approved : OCT 1 1 2011
BCC/LA/2011 Minutes
BK 141 PG 325
September 6 , 2011 31