BOARD OF COUNTY . COMMISSIONERS INDIAN RIVER COUNTY

Transcription

JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF AUGUST 16, 2011
1. CALL TO ORDER..............................................................................................................................1 2. INVOCATION ....................................................................................................................................1 3. PLEDGE OF ALLEGIANCE ............................................................................................................1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ....................................2 M OVE :
I TEM 8.Q.Q. TO I TEM 11. C OUNTY A DMINISTRATOR M ATTERS .................................. 2 D ELETION :
I TEM 14.A.4. S AND M INE B UFFERS ......................................................................... 2 5. PROCLAMATIONS AND PRESENTATIONS ..............................................................................2 5.A. P RESENTATION
OF
F LORIDA
C OMMISSION
FOR
THE
T RANSPORTATION
D ISADVANTAGED 2011 C OMMUNITY T RANSPORTATION C OORDINATOR OF THE
Y EAR A WARD TO I NDIAN R IVER C OUNTY S ENIOR R ESOURCE A SSOCIATION
AND ITS
5.B. CEO, K AREN D EIGL ................................................................................... 2 P RESENTATION
OF
F LORIDA
C OMMISSION
FOR
THE
T RANSPORTATION
D ISADVANTAGED 2011 V OLUNTEER OF THE Y EAR A WARD TO I NDIAN R IVER
C OUNTY L OCAL C OORDINATING B OARD V ICE C HAIRMAN W ILLIAM “L UNDY ”
P ARDEN .................................................................................................................. 3 5.C. P RESENTATION BY L INDA C ARLSON , C ROSS L IFE I NTERNATIONAL , ON 2 ND
A NNUAL F AMILY J AMBOREE OF I NDIAN R IVER C OUNTY ........................................... 3 August 16, 2011
1
6. APPROVAL OF MINUTES ..............................................................................................................4 6.A. M EETING OF J UNE 21, 2011 ..................................................................................... 4 6.B. M EETING OF J ULY 5, 2011 ....................................................................................... 4 6.C. M EETING OF J ULY 12, 2011 ..................................................................................... 4 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION ...............................................................................................................................5 7.A. E ARLY L EARNING C OALITION OF I NDIAN R IVER C OUNTY ......................................... 5 7.B. O UTSIDE A TTORNEY B ILLINGS ................................................................................ 5 7.C. P ROOF OF P UBLICATION OF U NCLAIMED M ONIES FOR C ASH B ONDS D EPOSITED
WITH THE
C LERK OF THE C IRCUIT C OURT P RIOR TO J ANUARY 1, 2010 IS ON
F ILE IN THE O FFICE OF THE C LERK TO THE B OARD ................................................... 5 8. CONSENT AGENDA ........................................................................................................................5 8.A. A PPROVAL OF W ARRANTS AND W IRES – J ULY 8, 2011 TO J ULY 14, 2011 .................. 5 8.B. A PPROVAL OF W ARRANTS AND W IRES – J ULY 22, 2011 TO J ULY 28, 2011 ................ 6 8.C. A PPROVAL OF W ARRANTS AND W IRES – J ULY 29, 2011 TO A UGUST 4, 2011 ............. 6 8.D. I NDIAN R IVER C OUNTY I NVESTMENT A DVISORY C OMMITTEE Q UARTERLY
I NVESTMENT R EPORT FOR THE Q UARTER E NDING J UNE 30, 2011 .............................. 6 8.E. OPEB T RUST R EPORT FOR THE P ERIOD O CTOBER 1, 2010 THROUGH J UNE 30,
2011 ....................................................................................................................... 7 8.F. Q UARTERLY S UMMARY R EPORT FOR A SSESSMENT OF A DDITIONAL C OURT
C OSTS I N A CCORDANCE WITH 318.18(13) F LORIDA S TATUTES ................................. 7 8.G. D ORI S LOSBERG D RIVER E DUCATION S AFETY A CT – I NDIAN R IVER C OUNTY
T RAFFIC E DUCATION P ROGRAM T RUST F UND .......................................................... 7 8.H. R ECOMMENDATION OF A WARD FOR C ONTINUING E NVIRONMENTAL AND
B IOLOGICAL
S UPPORT
S ERVICES
FOR
C IVIL
AND
E NVIRONMENTAL
E NGINEERING P ROJECTS ......................................................................................... 8 8.I. R ELEASE OF R ETAINAGE – W ORK O RDER N O . 9, S ECTOR 3 N EARSHORE S EA
T URTLE M ONITORING C OASTAL T ECHNOLOGY C ORPORATION .................................. 8 8.J. R ELEASE OF R ETAINAGE FOR D ONADIO AND A SSOCIATES – S PATIAL N EEDS
A SSESSMENT FOR S HERIFF ’ S A DMINISTRATION F ACILITY ......................................... 9 August 16, 2011
2
8.K. W ORK O RDER N O . 13 WITH B RIDGE D ESIGN A SSOCIATES , I NC ., IRC P ROJECT
N O . 0545 57 TH S TREET B RIDGE OVER L ATERAL “A” C ANAL C ONSTRUCTION
P HASE – R ELEASE OF R ETAINAGE ............................................................................ 9 8.L. 2011 O BLIQUE A ERIAL I MAGERY A CQUISITION P ROJECT .......................................... 9 8.M. V. B. D EVELOPMENT , I NC .’ S R EQUEST FOR F INAL P LAT A PPROVAL FOR A
S UBDIVISION TO BE K NOWN AS S EGOVIA L AKES PD .............................................. 10 8.N. T RAFFIC C ONTROL D EVICE L EDGER ...................................................................... 10 8.O. R EQUEST FOR A UTHORIZATION TO O BTAIN B IDS FOR A T ENANT L EASE OF THE
P RINCIPAL R ESIDENCE ON THE J ONES ’ S P IER P ROPERTY AT 7770 J UNGLE T RAIL ..... 10 8.P. M ISCELLANEOUS B UDGET A MENDMENT 019 .......................................................... 11 8.Q. A PPROVAL OF P UBLIC S AFETY I NTEROPERABLE C OMMUNICATIONS (PSIC)
I NTERLOCAL A GREEMENT ..................................................................................... 11 8.R. P ROCLAMATION AND R ETIREMENT A WARD H ONORING R ALPH B URON ON H IS
R ETIREMENT
FROM
I NDIAN
R IVER
C OUNTY
B OARD
OF
C OUNTY
C OMMISSIONERS O FFICE OF M ANAGEMENT & B UDGET P URCHASING D IVISION ....... 12 8.S. P ROCLAMATION AND R ETIREMENT A WARD H ONORING E SROM D ORSETT ON H IS
R ETIREMENT
FROM
I NDIAN
R IVER
C OUNTY
B OARD
OF
C OUNTY
C OMMISSIONERS D EPARTMENT OF P UBLIC W ORKS R OAD & B RIDGE D IVISION
WITH
8.T. T HIRTY -F OUR Y EARS OF S ERVICE ................................................................ 12 P ROCLAMATION AND R ETIREMENT A WARD H ONORING T ESSA L. K OTHMAN ON
H ER R ETIREMENT FROM I NDIAN R IVER C OUNTY B OARD OF C OUNTY
C OMMISSIONERS D EPARTMENT OF U TILITY S ERVICES WITH N INE Y EARS OF
S ERVICE ............................................................................................................... 13 8.U. P ROCLAMATION AND R ETIREMENT A WARD H ONORING P ETER H. M C L EOD ON
H IS R ETIREMENT FROM I NDIAN R IVER C OUNTY B OARD OF C OUNTY
C OMMISSIONERS B UILDING D IVISION WITH T WENTY -F OUR Y EARS OF S ERVICE ...... 13 8.V. P ROCLAMATION AND R ETIREMENT A WARD H ONORING A RTHUR Z YSKOWSKI ON
C OMMISSIONERS D EPARTMENT OF E MERGENCY S ERVICES /F IRE R ESCUE WITH
T WENTY -S IX Y EARS OF S ERVICE ........................................................................... 14 8.W. P ROCLAMATION AND R ETIREMENT A WARD H ONORING S AMUEL B ROOKE ON
C OMMISSIONERS D EPARTMENT OF E MERGENCY S ERVICES /F IRE R ESCUE WITH
T WENTY -T WO Y EARS OF S ERVICE ......................................................................... 14 August 16, 2011
3
8.X. P ROCLAMATION AND R ETIREMENT A WARD H ONORING J AMES M ICHAEL O WENS
ON
C OMMISSIONERS D EPARTMENT OF P UBLIC W ORKS V EHICLE M AINTENANCE
D IVISION WITH T HIRTY -S IX Y EARS OF S ERVICE ..................................................... 15 8.Y. A PPROVAL OF B ID A WARD FOR IRC B ID N O . 2011050 S LUDGE T ANK
C LEANING ............................................................................................................ 15 8.Z. A PPROVAL OF B ID A WARD FOR IRC B ID N O . 2011053 C ENTRAL W ASTEWATER
O DOR C ONTROL M EDIA R EPLACEMENT ................................................................. 16 8.AA. A PPROVAL OF FLO-380C4H091000 – N EW 2010 H.U.D. F AMILY S HELTER
P LUS C ARE C ONTRACT .......................................................................................... 16 8.BB. F INAL P AYMENT TO M ASCI C ORPORATION FOR C ONVERSION OF A 16” B RINE
L INE ON 77 TH S TREET TO A W ATER M AIN , B ID N UMBER 2009064, UCP-3086 .......... 17 8.CC. R EQUEST TO C ONVEY A FFORDABLE H OUSING P ROPERTY B ACK TO I NDIAN
R IVER C OUNTY FROM E VERY D REAM H AS A P RICE , I NC . ....................................... 17 8.DD. R ESOLUTION C ANCELING T AXES ON P ROPERTY A CQUIRED BY THE C ITY OF
F ELLSMERE FOR U SE IN C ONJUNCTION WITH A DJACENT W ATER T REATMENT
P LANT .................................................................................................................. 18 8.EE. M OONEY D OCK L ICENSE A GREEMENT C OUNTRY C LUB P OINTE S UBDIVISION ......... 18 8.FF. D EDICATION OF R IGHTS - OF -W AY AND D RAINAGE AND U TILITY E ASEMENTS
FOR
24 TH C OURT AND 25 TH A VENUE BY E VERY D REAM H AS A P RICE , I NC . ............... 19 8.GG. M ISCELLANEOUS B UDGET A MENDMENT 021 .......................................................... 19 8.HH. G IFFORD Y OUTH A CTIVITY C ENTER , I NC ., L EASE A GREEMENT – R ENEWAL AND
R EPLACEMENT F UND , M AINTENANCE AND R EPAIRS , M ISCELLANEOUS B UDGET
A MENDMENT 020 .................................................................................................. 20 8.II. R EQUEST FOR A PPROVAL OF A J OINT P ARTICIPATION A GREEMENT B ETWEEN
I NDIAN R IVER C OUNTY AND THE I NDIAN R IVER C OUNTY H OUSING A UTHORITY ..... 20 8.JJ. W ORK O RDER N O . 1 – C REECH E NGINEERS , I NC ., I NDIAN R IVER C OUNTY
V ERTICAL C ONTROL N ETWORK (B ENCHMARK ) D ENSIFICATION , IRC P ROJECT
N O . 1050 .............................................................................................................. 21 8.KK. T HE Q UAIL C REEK S UBDIVISION – B ID # 2011012 C HANGE O RDER N O . 1 F INAL
P AY AND R ELEASE OF R ETAINAGE , T IMOTHY R OSE C ONTRACTING , I NC . ................ 21 8.LL. L IBRARY S YSTEM L ONG R ANGE P LAN U PDATE ...................................................... 21 8.MM. 2011-2012 S TATE A ID A PPLICATION /A GREEMENT ................................................. 22 August 16, 2011
4
8.NN. R IGHT - OF -W AY A CQUISITION , SR A1A & 17 TH S TREET I NTERSECTION
I MPROVEMENTS ,
P ARCEL ID #33-40-05-00010-0000-00000.1
O WNER :
N ORTHERN T RUST , N.A. F ORMERLY KNOWN AS N ORTHERN T RUST OF F LORIDA ,
N.A. ..................................................................................................................... 22 8.OO. A PPROVAL OF B ID A WARD FOR IRC B ID N O . 2012002 – A NNUAL B ID FOR
I NSTRUMENT C ONTROL T ECH FOR W ATER AND W ASTEWATER U TILITIES ................ 23 8.PP. A WARD OF RFP N O . 2011043 – F ULL S ERVICE A UTOMATED T ELLER M ACHINE
(ATM) I NSTALLATION AND M AINTENANCE ............................................................ 23 8.QQ. 2011-2012 F INAL B UDGET H EARING S CHEDULE C HANGE ....................................... 24 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE .................25 10. PUBLIC ITEMS ................................................................................................................................25 10.A. PUBLIC HEARINGS ............................................................................................ 25 10.A.1.
G RACE C LARK -L A P ORTA ’ S R EQUEST FOR A BANDONMENT OF A P ORTION OF
129 TH P LACE B ETWEEN 81 ST C OURT AND R OSELAND R OAD (L EGISLATIVE ).............. 25 10.B. PUBLIC DISCUSSION ITEMS ............................................................................ 26 10.B.1. R EQUEST TO S PEAK FROM S USAN K ROL R EGARDING E LIMINATION OF F INE OF
$1500.00 .............................................................................................................. 26 10.C. PUBLIC NOTICE ITEMS .................................................................................... 28 10.C.1. N OTICE OF S CHEDULED P UBLIC W ORKSHOP A UGUST 23, 2011: .............................. 28 A P UBLIC W ORKSHOP R EGARDING THE I NDIAN R IVER C OUNTY D ECENNIAL
R EDISTRICTING HAS BEEN S CHEDULED FOR T UESDAY , A UGUST 23, 2011, AT
6:30 P . M . T HE P UBLIC W ORKSHOP WILL BE H ELD AT S EBASTIAN C ITY H ALL ,
C ITY C OUNCIL C HAMBERS , 1225 M AIN S TREET , S EBASTIAN , F LORIDA ................... 28 11. COUNTY ADMINISTRATOR MATTERS ...................................................................................29 11.A.1.
12. L EGISLATIVE P RIORITIES ...................................................................................... 29 DEPARTMENTAL MATTERS ......................................................................................................30 12.A. C OMMUNITY D EVELOPMENT ................................................................................. 30 12.A.1.
C ONDEMNATION , D EMOLITION AND R EMOVAL OF U NSAFE S TRUCTURES ................ 30 August 16, 2011
5
12.A.2.
C ONSIDERATION OF INEOS N EW P LANET B IO E NERGY LLC’ S P ROPOSED
A MENDMENT TO I TS A PPROVED L OCAL J OBS G RANT ............................................. 31 12.A.3
C ONSIDERATION OF A GREEMENT B ETWEEN I NDIAN R IVER H ABITAT FOR
H UMANITY AND I NDIAN R IVER C OUNTY FOR N EIGHBORHOOD S TABILIZATION
P ROGRAM 3 (NSP3) C OMMUNITY D EVELOPMENT B LOCK G RANT (CDBG)
P ROGRAMMATIC
S ERVICES
AND
NSP3
S INGLE -F AMILY
P URCHASE ,
R EDEVELOPMENT AND S ALES P ROGRAM M ANUAL ................................................. 33 12.A.4.
R EQUEST FOR A PPROVAL OF A R ESOLUTION U RGING THE F LORIDA I NLAND
N AVIGATION D ISTRICT TO A DDRESS C ONCERNS R AISED BY C OUNTY C ITIZENS
ABOUT
12.A.5.
D REDGED M ATERIAL M ANAGEMENT A REA IR-2 ......................................... 34 R EQUEST TO A PPROVE A P URCHASE OF 350 A CRES FROM P RESSLEY R ANCH ,
I NC . FOR C ONSERVATION P URPOSES , U SING G RANT F UNDS A WARDED U NDER
THE
N ORTH A MERICAN W ETLANDS C ONSERVATION A CT ....................................... 35 12.A.6.
C ONSIDERATION OF I MPACT F EE I SSUES ................................................................ 37 12.B. E MERGENCY S ERVICES - N ONE .............................................................................. 40 12.C. G ENERAL S ERVICES - N ONE .................................................................................. 40 12.D. H UMAN R ESOURCES - N ONE .................................................................................. 40 12.E. H UMAN S ERVICES - N ONE ..................................................................................... 40 12.F. L EISURE S ERVICES - N ONE .................................................................................... 40 12.G. O FFICE OF M ANAGEMENT AND B UDGET - N ONE ..................................................... 40 12.H. R ECREATION - N ONE ............................................................................................. 40 12.I. P UBLIC W ORKS – N ONE ........................................................................................ 40 12.J. U TILITIES S ERVICES .............................................................................................. 40 12.J.1. A PPROVAL OF B ID A WARD FOR IRC B ID N O . 2011034 S OUTH R EVERSE
O SMOSIS P LANT C HEMICAL S YSTEM U PGRADE ...................................................... 40 12.J.2. C HANGE O RDER N O . 1 TO IRC B ID N O . 2011032 TO D ATA F LOW S YSTEM I NC .
FOR
U PGRADE AND A UTOMATION OF THE R EUSE D ISTRIBUTION S YSTEM UCP
4065 ..................................................................................................................... 41 12.J.3. A MENDMENT #1 TO W ORK O RDER N O . 26 WITH G EOSYNTEC C ONSULTANTS ,
I NC . FOR G ROUND W ATER A SSESSMENT AND M ONITORING P ROPOSAL N ORTH
C OUNTY W ATER P LANT ........................................................................................ 41 12.J.4. 82 ND A VENUE B RIDGE AT 4 TH S TREET F ORCE M AIN AND R EUSE F ORCE M AIN
C ONFLICT , R ESOLUTION AND I NTERCHANGE FOR L IFT S TATION N O . 19 F ORCE
M AIN P RESSURE R EDUCTION , A PPROVAL OF W ORK A UTHORIZATION N O . 2010002-UCP 4070, WIP N O . 471-23536-044699-11503 ............................................... 42 August 16, 2011
6
13. COUNTY ATTORNEY MATTERS ...............................................................................................43 13.A. P ROPOSED O RDINANCE E LIMINATING ALL R EFERENCES TO F IREARMS FROM
THE
13.B. C ODE OF I NDIAN R IVER C OUNTY .................................................................... 43 P URCHASE OF R IGHT - OF -W AY L OCATED AT 5265 66 TH A VENUE , P ARCEL 105,
O WNED BY THE E STATE OF E RMA L EE L EWIS ........................................................ 44 13.C. C OST S HARING A GREEMENT B ETWEEN M ARSH I SLAND AND THE C OUNTY FOR
D EMOLITION OF U NCOMPLETED H OME , L OT 15 M ARSH I SLAND S UBDIVISION ,
9250 E AST M ARSH I SLAND D RIVE ......................................................................... 45 13.D. C OST S HARING A GREEMENT B ETWEEN I NDIAN R IVER C OUNTY AND R USSELL J.
K ELLY .................................................................................................................. 45 13.E. I NITIAL B OARD R EVIEW OF C OMMITTEE T ERMS I SSUES ......................................... 46 13.F. Q UASI -J UDICIAL P ROCEEDINGS ............................................................................. 48 14. COMMISSIONER ITEMS ...............................................................................................................50 14.A. C OMMISSIONER B OB S OLARI , C HAIRMAN .............................................................. 50 14.A.1. P UBLIC R ECORDS .................................................................................................. 50 14.A.2. F LORIDA T REND A RTICLE ..................................................................................... 50 14.A.3. L EMONADE F REEDOM D AY .................................................................................... 51 14.A.4. S AND M INE B UFFERS - D ELETED ........................................................................... 51 14.B. C OMMISSIONER G ARY C. W HEELER , V ICE C HAIRMAN - N ONE ................................ 51 14.C. C OMMISSIONER W ESLEY S. D AVIS ........................................................................ 51 14.C.1. S ECONDARY M ETALS R ECYCLERS ......................................................................... 51 14.D. C OMMISSIONER J OSEPH E. F LESCHER - N ONE ........................................................ 52 14.E. C OMMISSIONER P ETER D. O’B RYAN ...................................................................... 52 14.E.1. A RTIFICIAL R EEF S TUDY W ORKSHOP .................................................................... 52 15. SPECIAL DISTRICTS AND BOARDS .........................................................................................54 15.A. E MERGENCY S ERVICES D ISTRICT .......................................................................... 54 15.A.1. D ESIGN /B UILD C ONTRACT WITH B ARTH C ONSTRUCTION FOR THE R ENOVATION
AND
C ONSTRUCTION OF E MERGENCY S ERVICES F IRE R ESCUE S TATIONS (RFQ
#2011036) ............................................................................................................ 54 15.B. S OLID W ASTE D ISPOSAL D ISTRICT ........................................................................ 54 15.B.1.
A PPROVAL OF M INUTES M EETING OF J UNE 21, 2011 .............................................. 54 15.B.2.
A PPROVAL OF M INUTES M EETING OF J ULY 12, 2011 .............................................. 54 August 16, 2011
7
15.B.3.
A PPROVAL
OF
B ID
A WARD
FOR
IRC
B ID
NO.
2011055,
F ENCING
I MPROVEMENTS AT I NDIAN R IVER C OUNTY L ANDFILL R ECYCLING C ENTER ............ 54 15.B.4.
R EQUEST TO R ENEW L EASE BY MWI C ORPORATION .............................................. 54 15.B.5.
A GREEMENT FOR P ROCESSING AND R ECYCLING OF Y ARD W ASTE WITH
C ONSOLIDATED R ESOURCES R ECOVERY ................................................................ 55 15.B.6.
W ASTE O IL S ERVICE A GREEMENT WITH FCC E NVIRONMENTAL ............................. 55 15.C. E NVIRONMENTAL C ONTROL B OARD - N ONE ........................................................... 55 16. ADJOURNMENT .............................................................................................................................55 August 16, 2011
8
JEFFREY K. BARTON
Clerk to the Board
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 27th 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
4.
ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Solari requested the following changes to today’s Agenda:
MOVE: ITEM 8.Q.Q. TO ITEM 11. COUNTY ADMINISTRATOR 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
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
Chairman Solari read and presented the Proclamation to William “Lundy” Parden, Vice
President.
5.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 2nd 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
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.
the Minutes of the Meeting of June 21, 2011, as written.
6.B.
MEETING OF JULY 5, 2011
6.C.
MEETING OF JULY 12, 2011
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
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
DEPOSITED
PUBLICATION
WITH THE
JANUARY 1, 2010
OF
UNCLAIMED MONIES
CLERK
IS ON
FILE
OF THE
IN THE
FOR
CASH BONDS
CIRCUIT COURT PRIOR
OFFICE
OF THE
CLERK
TO
TO THE
BOARD
8.
CONSENT AGENDA
8.A.
APPROVAL OF WARRANTS AND WIRES – JULY 8, 2011 TO JULY 14, 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
8.B.
APPROVAL
OF
WARRANTS
AND
WIRES – JULY 22, 2011
TO
JULY 28,
2011
Board for the time period of July 22, 2011 to July 28,
2011, as requested in the memorandum of July 28, 2011.
8.C.
APPROVAL OF WARRANTS AND WIRES – JULY 29, 2011 TO AUGUST 4,
2011
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
30, 2011
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
8.E.
OPEB TRUST REPORT
FOR THE
PERIOD OCTOBER 1, 2010
THROUGH
JUNE 30, 2011
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
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
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
8.H.
RECOMMENDATION
AND
BIOLOGICAL
AWARD
OF
FOR
SUPPORT
CONTINUING ENVIRONMENTAL
SERVICES
FOR
CIVIL
AND
ENVIRONMENTAL ENGINEERING PROJECTS
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.I.
RELEASE
OF
RETAINAGE – WORK ORDER NO. 9, SECTOR 3
NEARSHORE SEA TURTLE MONITORING COASTAL TECHNOLOGY
CORPORATION
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
8.J.
RELEASE
OF
RETAINAGE
FOR
DONADIO
AND
ASSOCIATES – SPATIAL
NEEDS ASSESSMENT FOR SHERIFF’S ADMINISTRATION FACILITY
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
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
8.L.
2011 OBLIQUE AERIAL IMAGERY ACQUISITION PROJECT
Commissioner
approved:
(1)
Flescher,
the
the
2011
Board
Oblique
unanimously
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
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
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
Resolution 2011-051 approving traffic control devices
authorized by the Director of Public Works.
8.O.
REQUEST FOR AUTHORIZATION TO OBTAIN BIDS FOR A TENANT LEASE
OF THE
PRINCIPAL RESIDENCE
ON THE
JONES’S PIER PROPERTY
7770 JUNGLE TRAIL
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
AT
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
Resolution 2011-052, amending the Fiscal Year 20102011 budget.
8.Q.
APPROVAL
OF
PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS
(PSIC) INTERLOCAL AGREEMENT
the Public Safety Interoperable Communications (PSIC)
Interlocal
Agreement,
as
recommended
in
the
memorandum of June 1, 2011.
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
the Retirement Award and Proclamation honoring Ralph
Buron on his retirement from the Indian River County
Office of Management & Budget Purchasing Division.
8.S.
PROCLAMATION
DORSETT
OF
ON
AND
RETIREMENT AWARD HONORING ESROM
HIS RETIREMENT
FROM INDIAN
RIVER COUNTY BOARD
COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD
& BRIDGE DIVISION WITH THIRTY-FOUR YEARS OF SERVICE
the Retirement Award and Proclamation honoring Esrom
Dorsett on his retirement from the Indian River County
Department of Public Works Road & Bridge Division.
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
the Retirement Award and Proclamation honoring Tessa
L. Kothman on her retirement from the Indian River
County Department of Utility Services.
8.U.
PROCLAMATION
MCLEOD
OF
ON
AND
RETIREMENT AWARD HONORING PETER H.
HIS RETIREMENT
FROM INDIAN
RIVER COUNTY BOARD
COUNTY COMMISSIONERS BUILDING DIVISION
FOUR YEARS OF SERVICE
the Retirement Award and Proclamation honoring Peter H.
McLeod on his retirement from the Indian River County
Building Division.
August 16, 2011
13
WITH
TWENTY-
8.V.
PROCLAMATION
AND
ZYSKOWSKI
HIS RETIREMENT
BOARD
OF
ON
RETIREMENT AWARD HONORING ARTHUR
FROM
INDIAN RIVER COUNTY
COUNTY COMMISSIONERS DEPARTMENT
OF
EMERGENCY
SERVICES/FIRE RESCUE WITH TWENTY-SIX YEARS OF SERVICE
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
BROOKE
OF
ON
AND
RETIREMENT AWARD HONORING SAMUEL
HIS RETIREMENT
COUNTY
FROM INDIAN
COMMISSIONERS
RIVER COUNTY BOARD
DEPARTMENT
OF
EMERGENCY
SERVICES/FIRE RESCUE WITH TWENTY-TWO YEARS OF SERVICE
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
8.X.
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
the Retirement Award and Proclamation honoring James
Michael Owens on his retirement from the Indian River
County Department of Public Works Vehicle Maintenance
Division.
8.Y.
APPROVAL
OF
BID AWARD
FOR
IRC BID NO. 2011050 SLUDGE TANK
CLEANING
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
August 16, 2011
15
8.Z.
APPROVAL
OF
BID AWARD
FOR
IRC BID NO. 2011053 CENTRAL
WASTEWATER ODOR CONTROL MEDIA REPLACEMENT
Commissioner
Flescher,
the
Board
unanimously
approved: (1) the Bid Award to Biorem Environmental,
Inc. as the lowest most responsive and responsible bidder,
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
8.AA. APPROVAL
OF
FLO-380C4H091000 – NEW 2010 H.U.D. FAMILY
SHELTER PLUS CARE CONTRACT
(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.
August 16, 2011
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
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.
8.CC. REQUEST
TO
CONVEY AFFORDABLE HOUSING PROPERTY BACK
INDIAN RIVER COUNTY FROM EVERY DREAM HAS A PRICE, INC.
accepted the Quit-Claim Deed from Every Dream Has A
Price, Inc. conveying to the County,
Lot 8, Block 5,
Spruce Park Subdivision, 4265 24th Court;
and (2)
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
August 16, 2011
17
TO
8.DD. RESOLUTION CANCELING TAXES
CITY
OF
FELLSMERE
FOR
USE
ON
IN
PROPERTY ACQUIRED
CONJUNCTION
WITH
BY THE
ADJACENT
WATER TREATMENT PLANT
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
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
August 16, 2011
18
licensee, all as recommended in the memorandum of
August 9, 2011.
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.
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.
8.GG. MISCELLANEOUS BUDGET AMENDMENT 021
Resolution 2011-054, amending the Fiscal Year 20102011 Budget.
August 16, 2011
19
8.HH. GIFFORD YOUTH ACTIVITY CENTER, INC., LEASE AGREEMENT –
RENEWAL
AND
REPLACEMENT FUND, MAINTENANCE
AND
REPAIRS,
(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
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.
August 16, 2011
20
8.JJ. WORK ORDER NO. 1 – CREECH ENGINEERS, INC., INDIAN RIVER
COUNTY
VERTICAL
CONTROL
NETWORK
(BENCHMARK)
DENSIFICATION, IRC PROJECT NO. 1050
and authorized the Chairman to execute Work Order No. 1
with Creech Engineers, Inc., authorizing IRC Project No.
1050 as outlined in the Scope of Services, as
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.
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.
8.LL. LIBRARY SYSTEM LONG RANGE PLAN UPDATE
approved the update to the Library System Long Range
August 16, 2011
21
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
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 A1A & 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.
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
8.OO. APPROVAL OF BID AWARD FOR IRC BID NO. 2012002 – ANNUAL BID
FOR
INSTRUMENT CONTROL TECH
FOR
WATER
AND
WASTEWATER
UTILITIES
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
awarded the Request for Proposal (RFP) to Oculina Bank,
August 16, 2011
23
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.
8.QQ. 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
The Board CONSENSUS was to retain the original Final
Budget Hearing date (and time) of Wednesday, September
14, 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)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
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 129th Place between 81st Court and Roseland
Road. He thereafter conveyed staff’s recommendation for the County to abandon the right-ofway, with the caveat of retaining a 20’ wide drainage and utility easement over the center twenty
feet of the site for possible drainage or utility improvements in the future. Director Boling noted
that the proposed Resolution for the abandonment includes language about retaining the drainage
and utility easement.
Commissioner O’Bryan confirmed with Director Boling that the neighboring property
owners had no objections to the proposed right-of-way abandonment.
August 16, 2011
25
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 129th 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 stormdamaged 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
MOTION
WAS
MADE
by
Commissioner Davis,
SECONDED by Vice Chairman Wheeler, to waive the
$1500 Code Enforcement Board fine levied on Susan
Krol.
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.
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.
Chairman Solari indicated that although he would vote against the current Motion, he
would support a Motion reducing the fine.
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.
August 16, 2011
27
to reduce Susan Krol’s $1500 Code Enforcement Board
fine to $500.00.
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/Emergency Items and is placed here for continuity).
Chairman Solari reminded citizens of the upcoming public hearings regarding the 20112012 Decennial Redistricting for the five County Commissioner districts, and announced that
redistricting maps were on view in the lobby.
10.C.1.
NOTICE OF SCHEDULED PUBLIC WORKSHOP AUGUST 23, 2011:
A PUBLIC WORKSHOP REGARDING
DECENNIAL REDISTRICTING
AUGUST 23, 2011,
HELD
AT
AT
THE
HAS BEEN
INDIAN RIVER COUNTY
SCHEDULED
TUESDAY,
6:30 P.M. THE PUBLIC WORKSHOP
WILL BE
SEBASTIAN CITY HALL, CITY COUNCIL CHAMBERS, 1225
MAIN STREET, SEBASTIAN, FLORIDA
Attorney Alan S. Polackwich, Sr. read the notice into the record.
August 16, 2011
FOR
28
11.
COUNTY ADMINISTRATOR MATTERS
11.A.1. LEGISLATIVE PRIORITIES
Administrator Baird reported that staff has begun compiling a list of items to be brought
up at the 2012 State Legislative Session, as follows:

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.

Florida Retirement System (FRS) – 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.
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
documents. He also wanted to explore the possibility of having any extensive data put on CD to
reduce expensive mailings.
Commissioner Davis suggested that department heads who produce a State-mandated
report every 12 months or less should analyze the value of the reports.
August 16, 2011
29
12.
DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1.
CONDEMNATION,
DEMOLITION
AND
REMOVAL
OF
UNSAFE
STRUCTURES
José 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.
Resolution 2011-057, providing for the demolition of
unsafe structures and the recovery of costs.
Shoquist, 9250 E. Marsh Island Drive;
Clark, 4855 34th Avenue
August 16, 2011
30
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.
differences between the current and proposed jobs grant,
He outlined the
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
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.
August 16, 2011
31
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 2012-13;
2013-14; 2014-15, 2015-16, 2016-17, 2017-18, and 201819 and providing for an effective date, all as
August 16, 2011
32
12.A.3 CONSIDERATION
FOR
HUMANITY
OF
AGREEMENT BETWEEN INDIAN RIVER HABITAT
AND
INDIAN RIVER COUNTY
FOR
NEIGHBORHOOD
STABILIZATION PROGRAM 3 (NSP3) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAMMATIC SERVICES
SINGLE-FAMILY PURCHASE, REDEVELOPMENT
AND
AND
NSP3
SALES PROGRAM
MANUAL
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.
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
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
INLAND NAVIGATION DISTRICT
COUNTY CITIZENS
ABOUT
RESOLUTION URGING
TO
THE
FLORIDA
ADDRESS CONCERNS RAISED
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.
August 16, 2011
34
BY
He thereafter
presented staff’s recommendation for the Board to approve the proposed Resolution, and to
afterwards provide the document to the Florida Inland Navigation District.
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.
(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
be excavated.
Chairman Solari, Commissioner Davis, and staff addressed Ms. Renzi’s queries.
12.A.5. REQUEST
TO
RANCH, INC.
APPROVE
FOR
A
PURCHASE
OF
350 ACRES
FROM
PRESSLEY
CONSERVATION PURPOSES, USING GRANT FUNDS
AWARDED UNDER THE NORTH AMERICAN WETLANDS CONSERVATION
ACT
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.
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
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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) Failure-to-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 NonCommencement 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
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 “noncommencement,” 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.
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
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 nonexpended 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.
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
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.J.1. APPROVAL
OF
BID AWARD
FOR
IRC BID NO. 2011034 SOUTH
REVERSE OSMOSIS PLANT CHEMICAL SYSTEM UPGRADE
by Commissioner O’Bryan, the Board unanimously
August 16, 2011
40
approved the Bid Award to Odyssey Manufacturing
Company as the lowest and most responsive bidder
Bid, as recommended in the memorandum of August 2,
2011.
12.J.2. CHANGE ORDER NO. 1
SYSTEM INC.
FOR
TO
IRC BID NO. 2011032
UPGRADE
AND
AUTOMATION
TO
DATA FLOW
OF THE
REUSE
DISTRIBUTION SYSTEM UCP 4065
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.J.3. AMENDMENT #1
TO
CONSULTANTS, INC.
WORK ORDER NO. 26
FOR
WITH
GROUND WATER ASSESSMENT
MONITORING PROPOSAL NORTH COUNTY WATER PLANT
recommendation.
August 16, 2011
41
GEOSYNTEC
AND
Commissioner O’Bryan remarked on the Florida Department of Environmental
Protection’s (FDEP) tendency to impose what seem to be unreasonable restrictions/requirements
to ongoing 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,
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. 471-23536044699-11503
August 16, 2011
42
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.
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
13.
COUNTY ATTORNEY MATTERS
13.A. PROPOSED ORDINANCE ELIMINATING ALL REFERENCES TO FIREARMS
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
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.
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.
13.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
$124,574.59.
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
August 16, 2011
44
The Chairman called a recess at 11:58 a.m. and reconvened the meeting at 12:12 p.m.,
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
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.
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
13.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
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 50/50 with the County, and asked the Board to approve the
cost-sharing agreement, with the County’s cost not to exceed $8,635.00.
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.
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
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
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.
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.
13.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
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.
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
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.
August 16, 2011
50
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.
14.A.4.
SAND MINE BUFFERS - DELETED
14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE
14.C. COMMISSIONER WESLEY S. DAVIS
14.C.1.
SECONDARY METALS RECYCLERS
Commissioner Davis reported that metal theft has been on the rise, referencing a nonprofit 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
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.
August 16, 2011
52
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.
Motion carried unanimously.
August 16, 2011
53
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.
DESIGN/BUILD CONTRACT
RENOVATION
AND
WITH
CONSTRUCTION
BARTH CONSTRUCTION
OF
FOR THE
EMERGENCY SERVICES FIRE
RESCUE STATIONS (RFQ #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 JUNE 21, 2011
15.B.2. APPROVAL OF MINUTES MEETING OF JULY 12, 2011
15.B.3. APPROVAL
OF
IMPROVEMENTS
BID AWARD
AT
FOR
IRC BID NO. 2011055, FENCING
INDIAN RIVER COUNTY LANDFILL RECYCLING
CENTER
15.B.4. REQUEST TO RENEW LEASE BY MWI CORPORATION
August 16, 2011
54
15.B.5. AGREEMENT
FOR
PROCESSING
AND
RECYCLING
OF
YARD WASTE
WITH CONSOLIDATED RESOURCES RECOVERY
15.B.6. 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:
_________________________________
________________________________
Jeffrey K. Barton, Clerk
Bob Solari, Chairman
Minutes Approved: _________________
BCC/MG/2011Minutes
August 16, 2011
55
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 6, 2011
1. CALL TO ORDER..............................................................................................................................1 2. INVOCATION ....................................................................................................................................1 3. PLEDGE OF ALLEGIANCE ............................................................................................................1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE .....................2 5. PROCLAMATIONS AND PRESENTATIONS ..............................................................................2 5.A. P RESENTATION OF P ROCLAMATION D ESIGNATING THE M ONTH OF S EPTEMBER
AS
5.B. S ICKLE C ELL A WARENESS M ONTH ...................................................................... 2 P RESENTATION BY V ICKI W ILD , E XECUTIVE D IRECTOR , K EEP I NDIAN R IVER
B EAUTIFUL , P ROMOTING THE I NTERNATIONAL C OASTAL C LEANUP E VENT AND
THE
6. O CEAN C ONSERVANCY ON S EPTEMBER 17, 2011 ............................................... 2 APPROVAL OF MINUTES ..............................................................................................................3 6.A. B UDGET W ORKSHOP OF J ULY 13, 2011 .................................................................... 3 6.B. R EGULAR M EETING OF J ULY 19, 2011 ..................................................................... 3 September 6, 2011
1
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION ...............................................................................................................................3 J UVENILE J USTICE C OUNCIL .................................................................................... 3 7.A. 8. CONSENT AGENDA ........................................................................................................................4 8.A. A PPROVAL OF W ARRANTS AND W IRES – J ULY 15, 2011 TO J ULY 21, 2011 ................ 4 8.B. A PPROVAL OF W ARRANTS AND W IRES – A UGUST 5, 2011 TO A UGUST 11, 2011 ........ 4 8.C. A PPROVAL OF W ARRANTS AND W IRES – A UGUST 12, 2011 TO A UGUST 18, 2011 ...... 4 8.D. A PPROVAL OF W ARRANTS AND W IRES – A UGUST 19, 2011 TO A UGUST 25, 2011 ...... 5 8.E. C AROLE J EAN J ORDAN , I NDIAN R IVER C OUNTY T AX C OLLECTOR ,
C ERTIFICATION OF T AX R OLL ................................................................................. 5 8.F. INEOS N EW P LANET B IOENERGY C ASH D EPOSIT AND E SCROW A GREEMENT
FOR
8.G. C OMPLIANCE I NCIDENTAL M INING ................................................................... 6 D EVELOPER : N ORTH S HORE C LUB , LLC A CCEPTANCE OF T EMPORARY
E ASEMENT FOR U TILITIES U NTIL P ROPERTY IS P LATTED D EPICTING A
P ERPETUAL E ASEMENT ........................................................................................... 6 8.H. R ESOLUTIONS C ANCELLING T AXES ON P ROPERTIES A CQUIRED BY THE I NDIAN
R IVER C OUNTY H OUSING A UTHORITY FOR P UBLIC P URPOSES .................................. 7 8.I. A PPROVAL OF A TTORNEY ’ S F EES AND E XPENSES IN CRF P ANTHER
B ANKRUPTCY ......................................................................................................... 8 8.J. A PPROVAL OF R ENEWAL OF A C LASS “E” C ERTIFICATE OF P UBLIC
C ONVENIENCE AND N ECESSITY FOR ARC OF I NDIAN R IVER C OUNTY TO
P ROVIDE W HEELCHAIR S ERVICES ............................................................................ 8 8.K. A PPROVAL OF R ENEWAL FOR A C LASS “E” AND C LASS “B” C ERTIFICATE OF
P UBLIC C ONVENIENCE AND N ECESSITY FOR A LL C OUNTY A MBULANCE I NC . TO
P ROVIDE W HEELCHAIR /S TRETCHER AND I NTERFACILITY A MBULANCE
T RANSPORTATION S ERVICES ................................................................................... 9 8.L. A PPROVAL OF R ENEWAL FOR A C LASS “E” C ERTIFICATE OF P UBLIC
C ONVENIENCE AND N ECESSITY FOR S ENIOR R ESOURCE A SSOCIATION TO
P ROVIDE W HEELCHAIR S ERVICES ............................................................................ 9 8.M. R EQUEST FOR U SE OF H OLMAN S TADIUM – “T HIRD A NNUAL C ELEBRITY VS .
G OVERNMENT S OFTBALL G AME F UNDRAISER ” ...................................................... 10 8.N. R EQUEST FOR U SE OF H OLMAN S TADIUM – “S IXTH A NNUAL M ARDY ’ S T ENNIS
AND J AKE ’ S
September 6, 2011
M USIC F EST ” ..................................................................................... 10 2
8.O. C ONSIDERATION OF I NDIAN R IVER C OUNTY ’ S 2011 SHIP P ROGRAM A NNUAL
R EPORTS .............................................................................................................. 11 8.P. J OINT P ARTICIPATION A GREEMENT (JPA) WITH THE F LORIDA D EPARTMENT OF
T RANSPORTATION (FDOT) FOR : U PGRADES TO T RAFFIC S IGNAL S YSTEM
E QUIPMENT FM# 228613-3-54-01 ......................................................................... 11 8.Q. M AINTENANCE OF C OUNTY B EACH P ARKS AND B EACH A CCESS P OINTS ................. 12 8.R. F.D.O.T. L OCAL A GENCY P ROGRAM (LAP) S UPPLEMENTAL A GREEMENT AND
R ESOLUTION A UTHORIZING THE C HAIRMAN ’ S S IGNATURE FPN N O . 418136-158-01 I NDIAN R IVER B OULEVARD S IDEWALK I MPROVEMENTS FROM 12 TH S T . TO
17 TH S T . IRC P ROJECT N O . 0745 ............................................................................ 12 8.S. A GREEMENT FOR P ROFESSIONAL C IVIL E NGINEERING S ERVICES WITH B RIDGE
D ESIGN A SSOCIATES , I NC . FOR IRC P ROJECT N O . 0517 O SLO R OAD P HASE III
FROM
58 TH A VENUE TO 43 RD A VENUE ..................................................................... 13 8.T. M ISCELLANEOUS B UDGET A MENDMENT 022 .......................................................... 13 8.U. A PPROVAL OF B ID A WARD FOR IRC B ID N O . 2012003 A NNUAL B ID TO
F URNISH AND D ELIVER P OLYMER .......................................................................... 14 8.V. F.D.O.T. C ONSTRUCTION A GREEMENT AND R ESOLUTION A UTHORIZING THE
C HAIRMAN ’ S S IGNATURE 66 TH A VENUE AND SR 60 – IRC P ROJECT N O . 0545 ......... 15 8.W. A PPROVAL OF B ID A WARD FOR IRC B ID N O . 2011051 D EMOLITION OF T WO (2)
C ONDEMNED S TRUCTURES .................................................................................... 15 8.X. A PPROVAL OF B ID A WARD FOR IRC B ID N O . 2012004 A NNUAL B ID FOR
A LUMINUM S IGN B LANKS AND H ARDWARE ........................................................... 16 8.Y. A CCEPTANCE OF E MERGENCY M ANAGEMENT S UBGRANT A GREEMENT 12-BG10-40-01-031 ........................................................................................................ 17 8.Z. A CCEPTANCE OF E MERGENCY M ANAGEMENT F EDERALLY -F UNDED S UBGRANT
A GREEMENT 12-FG-10-40-01-098 ......................................................................... 17 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE .................18 10. PUBLIC ITEMS ................................................................................................................................18 10.A. PUBLIC HEARING(S) - N ONE ............................................................................. 18 10.B. PUBLIC DISCUSSION ITEMS ............................................................................. 18 10.B.1. R EQUEST TO S PEAK FROM P ETE S HARMAN R EGARDING P EP R EEF .......................... 18 10.C. PUBLIC NOTICE ITEMS ..................................................................................... 19 September 6, 2011
3
10.C.1. N OTICE OF S CHEDULED P UBLIC H EARING S EPTEMBER 13, 2011: T O C ONSIDER
A DOPTION OF AN O RDINANCE A MENDING C HAPTER 103 OF THE C ODE W ITH
R ESPECT TO C OMMITTEE M EMBER T ERMS AND TO A DDRESS AND C ORRECT
C ERTAIN I NCONSISTENCIES AND H OUSEKEEPING M ATTERS (L EGISLATIVE ) ........... 19 10.C.2. N OTICE OF S CHEDULED P UBLIC H EARING S EPTEMBER 13, 2011: T O C ONSIDER
A DOPTION OF AN O RDINANCE R EMOVING FROM THE C ODE ANY P ROVISIONS
R ELATING TO F IREARMS AND A MMUNITION (L EGISLATIVE ) .................................. 19 10.C.3. N OTICE OF S CHEDULED P UBLIC H EARINGS S EPTEMBER 13, 2011, S EPTEMBER
20, 2011, AND O CTOBER 18, 2011: R ELATING TO R EDISTRICTING OF I NDIAN
R IVER C OUNTY C OMMISSIONER D ISTRICTS (A DMINISTRATIVE ) ............................ 19 11. COUNTY ADMINISTRATOR MATTERS - NONE ....................................................................19 12. DEPARTMENTAL MATTERS ......................................................................................................20 12.A. C OMMUNITY D EVELOPMENT ................................................................................. 20 12.A.1. R EQUEST FROM W ATERWAY V ILLAGE D EVELOPER TO E XTEND T IMEFRAMES
FOR
C OMPLETING I NTERNAL S IDEWALKS AND S ECOND (F INAL ) L IFT OF
A SPHALT .............................................................................................................. 20 12.B. E MERGENCY S ERVICES - N ONE .............................................................................. 21 12.C. G ENERAL S ERVICES - N ONE .................................................................................. 21 12.D. H UMAN R ESOURCES - N ONE .................................................................................. 21 12.E. H UMAN S ERVICES - N ONE ..................................................................................... 21 12.F. L EISURE S ERVICES - N ONE .................................................................................... 21 12.G. O FFICE OF M ANAGEMENT AND B UDGET - N ONE ..................................................... 21 12.H. R ECREATION - N ONE ............................................................................................. 21 12.I. P UBLIC W ORKS - N ONE ......................................................................................... 22 12.J. U TILITIES S ERVICES .............................................................................................. 22 12.J.1. W EST R EGIONAL O DOR C ONTROL S TUDY – F INAL P AY R EQUEST ........................... 22 12.J.2. U TILITY C ONSTRUCTION S TANDARDS S EPTEMBER 2011 – UCP 3110 ...................... 22 12.J.3. S POONBILL M ARSH W ETLAND F ACILITY – A DDITIONAL O YSTER B EDS .................. 23 13. COUNTY ATTORNEY MATTERS ...............................................................................................23 September 6, 2011
4
13.A. I NITIAL R EVIEW AND D ISCUSSION OF P ROPOSED I NDIAN R IVER C OUNTY
S ECONDARY M ETALS R ECYCLERS O RDINANCE ...................................................... 23 13.B. Q UASI -J UDICIAL P ROCEEDINGS ............................................................................. 27 13.C. A MENDED R ESOLUTION OF N ECESSITY FOR THE L AUREL H OMES P ARCEL OF
P ROPERTY L OCATED ON 66 TH A VENUE S OUTH OF 15 TH S TREET ................................ 28 14. COMMISSIONER ITEMS ...............................................................................................................29 14.A. C OMMISSIONER B OB S OLARI , C HAIRMAN - N ONE ................................................... 29 14.B. C OMMISSIONER G ARY C. W HEELER , V ICE C HAIRMAN - N ONE ................................ 29 14.C. C OMMISSIONER W ESLEY S. D AVIS - N ONE ............................................................. 29 14.D. C OMMISSIONER J OSEPH E. F LESCHER - N ONE ........................................................ 30 14.E. C OMMISSIONER P ETER D. O’B RYAN - N ONE .......................................................... 30 15. SPECIAL DISTRICTS AND BOARDS .........................................................................................30 15.A. E MERGENCY S ERVICES D ISTRICT - N ONE ............................................................... 30 15.B. S OLID W ASTE D ISPOSAL D ISTRICT ........................................................................ 30 15.B.1. A PPROVAL OF M INUTES SWDD B UDGET H EARING J ULY 13, 2011 .......................... 30 15.B.2. A PPROVAL OF M INUTES M EETING OF J ULY 19, 2011 .............................................. 30 15.B.3. 2011 P ETITION H EARING – S OLID W ASTE D ISPOSAL D ISTRICT A SSESSMENT
F EES ..................................................................................................................... 30 15.C. E NVIRONMENTAL C ONTROL B OARD ...................................................................... 30 15.C.1. A PPROVAL OF M INUTES M EETING OF M AY 24, 2011 .............................................. 30 15.C.2. R EPORT OF A CTIVITIES FOR T HIRD Q UARTER FY10-11 (A PRIL THROUGH J UNE
2011) ................................................................................................................... 31 16. ADJOURNMENT .............................................................................................................................31 September 6, 2011
5
JEFFREY K. BARTON
Clerk to the Board
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.
September 6, 2011
1
4.
ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
Commissioner O’Bryan, by a 4-0 vote (Commissioner
Flescher absent), the Board approved the Agenda as
presented.
5.
PROCLAMATIONS AND PRESENTATIONS
5.A.
PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
SEPTEMBER AS SICKLE CELL AWARENESS 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 obtained by calling (561) 833-3113,
or e-mailing the West Palm Beach office at [email protected].
5.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
Vicki Wild was absent.
September 6, 2011
2
6.
APPROVAL OF MINUTES
6.A.
BUDGET WORKSHOP OF JULY 13, 2011
Budget Workshop Meeting of July 13, 2011. There were none.
Flescher absent), the Board approved the Minutes of the
Budget Workshop of July 13, 2011, as written.
6.B.
REGULAR MEETING OF JULY 19, 2011
Regular Meeting of July 19, 2011. There were none.
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.
September 6, 2011
3
8.
CONSENT AGENDA
8.A.
APPROVAL OF WARRANTS AND WIRES – JULY 15, 2011 TO JULY 21, 2011
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 July 15, 2011 to July 21, 2011, as requested in
the memorandum of July 21, 2011.
8.B.
APPROVAL OF WARRANTS AND WIRES – AUGUST 5, 2011 TO AUGUST 11,
2011
period of August 5, 2011 to August 11, 2011, as requested
in the memorandum of August 11, 2011.
8.C.
2011
period of August 12, 2011 to August 18, 2011, as
requested in the memorandum of August 18, 2011.
September 6, 2011
4
8.D.
2011
period of August 19, 2011 to August 25, 2011, as
requested in the memorandum of August 25, 2011.
8.E.
CAROLE JEAN JORDAN, INDIAN RIVER COUNTY TAX COLLECTOR,
CERTIFICATION OF TAX ROLL
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.
September 6, 2011
5
8.F.
INEOS NEW PLANET BIOENERGY CASH DEPOSIT AND ESCROW
AGREEMENT FOR COMPLIANCE INCIDENTAL MINING
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.
8.G.
DEVELOPER: NORTH SHORE CLUB, LLC ACCEPTANCE OF TEMPORARY
EASEMENT FOR UTILITIES UNTIL PROPERTY IS PLATTED DEPICTING A
PERPETUAL EASEMENT
Flescher absent), the Board approved and accepted the
Temporary Utility Easement and authorized the Chairman
to execute same, for recordation in the Public Records of
Indian
River
County,
as
recommended
in
the
EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 6, 2011
6
8.H.
RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY THE
INDIAN RIVER COUNTY HOUSING AUTHORITY FOR PUBLIC PURPOSES
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)
Statutes.
(Bank of America, N.A. to Indian River County Housing
Authority Neighborhood Stabilization Program)
Statutes.
(HSBC Bank USA, National Association, as Trustee for
the holders of Deutsche Alt-A Securities Mortgage Loan
Trust, Series 2006-AR1 to Indian River County Housing
Authority Neighborhood Stabilization Program)
(4) Resolution 2011- 064, cancelling certain taxes upon
Statutes.
September 6, 2011
7
(HSBC Bank USA, National Association, as Trustee for
Wells Fargo Asset Securities Corporation Home Equity
Asset Backed Certificates, Series 2006-1 to Indian River
County Housing Authority Neighborhood Stabilization
Program)
8.I.
APPROVAL OF ATTORNEY’S FEES AND EXPENSES IN CRF PANTHER
BANKRUPTCY
Flescher absent), the Board approved payment of the Bush
Ross final invoice in the amount of $1,682.82, as
8.J.
APPROVAL OF RENEWAL OF A CLASS “E” CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ARC OF INDIAN RIVER COUNTY TO
PROVIDE WHEELCHAIR SERVICES
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
CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 6, 2011
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 PROVIDE WHEELCHAIR/STRETCHER AND
INTERFACILITY AMBULANCE TRANSPORTATION SERVICES
“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.
8.L.
APPROVAL OF RENEWAL FOR A CLASS “E” CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR SENIOR RESOURCE ASSOCIATION TO
PROVIDE WHEELCHAIR SERVICES
“E” 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.
September 6, 2011
9
8.M. REQUEST FOR USE OF HOLMAN STADIUM – “THIRD ANNUAL CELEBRITY
VS. GOVERNMENT SOFTBALL GAME FUNDRAISER”
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
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
8.N.
REQUEST FOR USE OF HOLMAN STADIUM – “SIXTH ANNUAL MARDY’S
TENNIS AND JAKE’S MUSIC FEST”
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
10
E of Exhibit 1 to the standard Stadium Use Agreement, all
8.O.
CONSIDERATION OF INDIAN RIVER COUNTY’S 2011 SHIP PROGRAM
ANNUAL REPORTS
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 PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR: UPGRADES TO
TRAFFIC SIGNAL SYSTEM EQUIPMENT FM# 228613-3-54-01
Flescher absent), the Board approved Resolution 2011065, authorizing a Joint Participation Agreement for
traffic signal system enhancements.
September 6, 2011
11
8.Q.
MAINTENANCE OF COUNTY BEACH PARKS AND BEACH ACCESS POINTS
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 inhouse, as recommended in the memorandum of August
26, 2011.
8.R.
F.D.O.T. LOCAL AGENCY PROGRAM (LAP) SUPPLEMENTAL AGREEMENT
AND RESOLUTION AUTHORIZING THE CHAIRMAN’S SIGNATURE FPN NO.
418136-1-58-01 INDIAN RIVER BOULEVARD SIDEWALK IMPROVEMENTS
FROM 12
TH
ST. TO 17TH ST. IRC PROJECT NO. 0745
Flescher absent), the Board approved Resolution 2011066, authorizing execution of a Supplemental Local
Agency Program Agreement for Indian River Boulevard
sidewalk improvements from 12th Street to 17th Street,
with the State of Florida, Department of Transportation.
September 6, 2011
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
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.
8.T.
Flescher absent), the Board approved Resolution 2011067, amending the fiscal year 2010-2011 Budget.
September 6, 2011
13
8.U.
APPROVAL OF BID AWARD FOR IRC BID NO. 2012003 ANNUAL BID TO
FURNISH AND DELIVER POLYMER
Flescher absent), the Board: (1) approved the bid award to
Polydyne, Inc., as the lowest and most responsive bidder
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
September 6, 2011
14
8.V.
F.D.O.T. CONSTRUCTION AGREEMENT AND RESOLUTION AUTHORIZING
THE CHAIRMAN’S SIGNATURE 66
TH
AVENUE AND SR 60 – IRC PROJECT
NO. 0545
Flescher absent), the Board approved Resolution 2011068, 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.
8.W. APPROVAL OF BID AWARD FOR IRC BID NO. 2011051 DEMOLITION OF
TWO (2) CONDEMNED STRUCTURES
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.
September 6, 2011
15
8.X.
APPROVAL OF BID AWARD FOR IRC BID NO. 2012004 ANNUAL BID FOR
ALUMINUM SIGN BLANKS AND HARDWARE
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 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 annual bid is in the best
interest of Indian River County, as recommended in the
September 6, 2011
16
8.Y.
ACCEPTANCE OF EMERGENCY MANAGEMENT SUBGRANT AGREEMENT
12-BG-10-40-01-031
Flescher absent), the Board: (1) approved the Federally
Funded Subgrant Agreement (12-BG-__-10-40-01-031);
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
8.Z.
ACCEPTANCE OF EMERGENCY MANAGEMENT FEDERALLY-FUNDED
SUBGRANT AGREEMENT 12-FG-10-40-01-098
Flescher absent), the Board: (1) approved the Federally
Funded Subgrant Agreement (12-FG-__-10-40-01-098);
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
September 6, 2011
17
9.
CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10.
PUBLIC ITEMS
10.A. PUBLIC HEARING(S) - NONE
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM PETE SHARMAN REGARDING PEP REEF
Pete Sharman proposed building another reef to help protect the barrier island from
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.
September 6, 2011
18
10.C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHEDULED 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 SCHEDULED PUBLIC HEARING SEPTEMBER 13, 2011: TO
CONSIDER ADOPTION OF AN ORDINANCE REMOVING FROM THE CODE
ANY PROVISIONS RELATING TO FIREARMS AND AMMUNITION
(LEGISLATIVE)
10.C.3. NOTICE OF SCHEDULED 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
September 6, 2011
19
12.
DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST FROM WATERWAY VILLAGE DEVELOPER TO EXTEND
TIMEFRAMES FOR COMPLETING INTERNAL SIDEWALKS AND SECOND
(FINAL) LIFT OF ASPHALT
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
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
Chairman Solari further clarified the changes to the timeframe involved with the
installation of sidewalks and the second (final) lifts of asphalt.
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
September 6, 2011
21
12.I. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES
12.J.1. WEST REGIONAL ODOR CONTROL STUDY – FINAL PAY REQUEST
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
12.J.2. 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.
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.
September 6, 2011
22
12.J.3.
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
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
13.
COUNTY ATTORNEY MATTERS
13.A. INITIAL REVIEW AND DISCUSSION OF PROPOSED INDIAN RIVER COUNTY
SECONDARY METALS 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
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
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 1st 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.
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.
Teresa Vevez and Alex Vevez, 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
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.,
13.B. QUASI-JUDICIAL 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 PreHearing 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
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.
Flescher absent and Vice Chairman Wheeler opposed), the
Board
approved
Resolution 2011-069,
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 PreApplication Notices and Technical Review Committee Meeting Notices since they list all the
projects that are quasi-judicial.
13.C. AMENDED RESOLUTION OF NECESSITY FOR THE LAUREL HOMES PARCEL
OF PROPERTY LOCATED ON 66
TH
AVENUE 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 18-month period; therefore, the amended Resolution of Necessity would
include a duration of 18 months. He requested the Board approve the amended Resolution and
September 6, 2011
28
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
Commissioner O’Bryan questioned the 18-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 2011070, declaring a reasonable necessity to acquire certain
real property for the purposes of improving and
constructing
66th
intersection,
sidewalk
Avenue,
and
including
water
side
retention
street,
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
14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE
14.C. COMMISSIONER WESLEY S. DAVIS - NONE
September 6, 2011
29
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.E. COMMISSIONER PETER D. O’BRYAN - NONE
15.
SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. 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
Solid Waste Disposal District. Those Minutes are being prepared separately.
15.B.1. APPROVAL OF MINUTES SWDD BUDGET HEARING JULY 13, 2011
15.B.2. APPROVAL OF MINUTES MEETING OF JULY 19, 2011
15.B.3. 2011 PETITION HEARING – SOLID WASTE DISPOSAL DISTRICT
ASSESSMENT FEES
15.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.
15.C.1. APPROVAL OF MINUTES MEETING OF MAY 24, 2011
September 6, 2011
30
15.C.2. REPORT OF ACTIVITIES FOR THIRD QUARTER FY10-11 (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: _________________
BCC/LA/2011 Minutes
September 6, 2011
31

BOARD OF COUNTY . COMMISSIONERS INDIAN RIVER COUNTY

Transcription

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