HomeMy WebLinkAbout10/16/2007 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 16, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
S.A. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 27, 2007 AS THE
EXCHANGE CLUB'S NATIONAL DAY OF SERVICE 2
S.B. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 21-27, 2007, AS
CHARACTER COUNTS f WEEK 3
5.C. PRESENTATION ON COUNTY COOPERATIVE PROGRAM "SCREEN ON THE
GREEN" AT POINTE WEST BY CHUCKMECHLING 3
S.D. PRESENTATION ON STATUS REPORT FROM IMPACT FEE TASK FORCE BY PENNY
CHANDLER AND BETH MITCHELL 3
6. APPROVAL OF MINUTES 4
6.A. FINAL BUDGET HEARING -SEPTEMBER 12, 2007 4
October 16, 2007 1
7. CONSENT AGENDA 4
7.A. APPROVAL OF WARRANTS—SEPTEMBER 28, 2007- OCTOBER 4, 2007 4
7.B. APPOINTMENT OF DR. STEPHEN J FAHERTY, JR SR. TO THE UTILITY
ADVISORY COMMITTEE 5
7.C. RESOLUTION CANCELING TAXES ON MARINA PROPERTY ACQUIRED BY THE
CITY OF VERO BEACH FROM LOST TREE VILLAGE CORPORATION 5
7.D. OUT OF COUNTY TRAVEL TO ATTEND THE 2008 NATIONAL HURRICANE
CONFERENCE 6
7.E. WORK ORDER NO. 9 - FULL AND FINAL PAYMENT CARTER ASSOCIATES, INC.
SURVEYING SERVICES INDIAN RIVER COUNTY PROJECT NO. 0425 30THAVENUE
— WABASSO SCRUB JAY HABITAT I 6
7.F. APPROVAL WORK ORDER No. 7 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING GEOTECHNICAL SERVICES FOR 10TH COURT SW
PETITION PAVING PROJECT. IRCPROJECT #0436 7
7.G. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510 FROM
61sT DRIVE TO SHORE LANE —AMENDMENT NO. 3 7
7.H. CHANGE ORDER NO. 2 FOR INDIAN RIVER DRIVE SIDEWALK SOUTH BETWEEN
THE SOUTH CITY LIMITS OF SEBASTIAN AND US 1 IRCPROJECT # 0201 AND
IRC BID # 2007027 8
7i CR 512, I--95 TO ROSELAND ROAD— IRC PROJECT NO. 9611 ADDENDUM #8,
TASK D, REQUEST FOR FINAL RELEASE OF RETAINAGE 8
7.J. SPOONBILL MARSH—SPECIFIC PURPOSE SURVEY OF THE SUBMERGED LAND
LEASE AREA, MASTELLER, MOLER, REED & TAYLOR, INC. FINAL PAY 9
7.K. DIVOSTA HOMES L.P. 'S REQUEST FOR FINAL PLAT APPROVAL FOR A
SUBDIVISION TO BE KNOWN AS WATERWAY VILLAGE P.D.- PLAT 1C 9
7.L. BID AWARD: BID # 2008003 ANNUAL BID FOR SULFURIC ACID, UTILITIES
DEPARTMENT/ WATER PRODUCTION DIVISION 9
7.M. ACCEPTANCE CHANGE ORDER NO. 33, FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS 10
7.N. APPROVAL OF BID AWARD FOR IRC BID # 2008002 ANNUAL BID FOR ZINC
ORTHOPHOSPHATE. UTILITIES DEPARTMENT 11
7.0. IRC JAIL EXPANSION — REDUCTION OF RETAINAGE 11
October 16, 2007 2
7.P. APPROVAL WORK ORDER No. 8 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING GEOTECNICAL SERVICES FOR 8TH COURT SW
PAVING PROJECT. IRC PROJECT #0403 12
7.Q. CONSTRUCTION CONTINGENCY FOR THE MAIN RELIEF CANAL POLLUTION
CONTROL SYSTEM- PROJECT 0113 12
7.R. APPROVAL OF STATE AND FEDERALLY FUNDED SUBGRANT AGREEMENT -
CONTRACT NUMBER 08 -BG -24-10-40-01-085 13
7.S. ACCEPTANCE OF EMERGENCY MANAGEMENT FEDERALLY FUNDED
HOMELAND SECURITYSUBGRANTAGREEMENT 08 -DS -60-10-40-01 13
7. T. FINAL PAYMENT AND RETAINAGE RELEASE FOR INDIAN RIVER DRIVE
SIDEWALK SOUTH BETWEEN THE SOUTH CITY LIMITS OF SEBASTIAN AND US1,
IRC PROJECT # 0201 AND IRC BID # 2007027 13
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 14
9. PUBLIC ITEMS 14
9.A. PUBLICHEARING 14
9.A.1. CONSIDERATION OF AN APPLICATION FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR A CLASS "E" CERTIFICATE FROM
MEDICAL TRANSPORTATION SPECIALISTS (MTS) (ADMINISTRATIVE) 14
9.B. PUBLIC DISCUSSION ITEMS -NONE 14
9.C. PUBLIC NOTICE ITEMS 14
9.C.LNOTICE OF SCHEDULED PUBLICHEARING FOR OCTOBER 23,
2007: 14
AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION 913.07, PROCEDURE AND
REQUIREMENTS FOR SUBMITTING AND PROCESSING SUBDIVISION
APPLICATIONS, AND 926.05, GENERAL REQUIREMENTS OF LANDSCAPE AND
October 16, 2007 3
BUFFERING REGULATIONS, TO PROHIBIT THE PLANTING OF CITRUS GREENING
AND CARIBBEAN FRUIT FLY HOST PLANTS (LEGISLATIVE) 14
10. COUNTY ADMINISTRATOR MATTERS 15
10.A.1. 2008 FELLSMERE FROG LEG FESTIVAL 15
11. DEPARTMENTAL MATTERS 15
11.A. COMMUNITY DEVELOPMENT -NONE 15
11.B. EMERGENCY SERVICES -NONE 15
11. C. GENERAL SERVICES -NONE 15
11.D. HUMANRESOURCESNONE 15
11.E. HUMANSERVICESNONE 15
11.F. LEISURE SERVICES -NONE 15
11. G. OFFICE OF MANAGEMENT AND BUDGET -NONE 16
11.H. RECREATION -NONE 16
11.L PUBLIC WORKS 16
ILL]. LENNY'S LOUNGE PROPERTY ACQUISITION 1959 43" AVENUE, VERO
BEACH 16
11.1 UTILITIES SERVICES 17
11.J.1. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID
#200 7082 WEST WABASSO WATER MAIN PHASE II/UTILITIES DEPARTMENT 17
12. COUNTY ATTORNEY MATTERS 18
12.A. REQUEST TO VOID LETTER OF CREDIT SUPPORTING DEVELOPER'S
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND OSLO 27, LLC FOR 2 7TH
AVENUE BETWEEN 13TH S TREET SW AND 17TH STREET SW 18
12.B. PROPOSED "SETTLEMENT AGREEMENT AND RELEASE"BETWEENINDIAN
RIVER COUNTY AND MHC COUNTRYSIDE AT VERO BEACH, L.L.C., CASE NO.
2006 -0114 -CA -09 20
October 16, 2007 4
13. COMMISSIONER ITEMS 20
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN -NONE 20
13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR NONE 20
13. C. COMMISSIONER WESLEY S. DAVIS 20
13.C. 1. REQUEST FOR A RESOLUTION TO BE DRAFTED IN SUPPORT OF
PROTECTING THE DEPARTMENT OF CITRUS' ADVERTISING TRUST FUND AND
SUPPORT IN WRITING A LETTER TO STATE LEGISLATIVE DELEGATION
REQUESTING FUNDING FOR THE INDIAN RIVER COUNTY RURAL AND FAMILY
LANDS PROTECTION PROGRAM 21
13.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 22
13.E. COMMISSIONER PETER D. O'BRYAN--NONE 22
14. SPECIAL DISTRICTS AND BOARDS 22
14.A. EMERGENCY SERVICES DISTRICT -NONE 22
14.B. SOLID WASTE DISPOSAL DISTRICT -NONE 22
14. C. ENVIRONMENTAL CONTROL BOARD 22
14.C.1. APPROVAL OF MINUTES -REGULAR MEETING OF JULY 10, 2007 23
14.C.2. APPROVAL OF MINUTES -REGULAR MEETING OFJULY 2724, 2007 23
14.C.3. REPORT OF ACTIVITIES DURING THIRD QUARTER (JULY THROUGH
SEPTEMBER, 2007) 23
15. ADJOURNMENT 23
October 16, 2007 5
October 16, 2007
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, October 16, 2007. Present were Chairman Gary C. Wheeler, Vice Chair Sandra L.
Bowden, and Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney William G. Collins II led the Pledge of Allegiance to the Flag.
October 16, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler requested the following changes to today's Agenda:
Deletion: Item 9.A.1. Public Hearings
Deletion: Item 7.R.
Correction: Item 14.C.2 should read the Regular Minutes of July 24, 2007, instead
of July 27, 2007.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously made the
above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 27, 2007
AS THE EXCHANGE CLUB'S NATIONAL DAY OF SERVICE
Vice Chair Bowden read and presented the Proclamation to the following
representatives of the Exchange Club: Past Presidents Nancy Gollnick and Narda Riese; Board
members Barbara Parent and Jenny Frederick, Board member and Secretary Jan Binney, and
President Elect Scott Wallace. President Jeff Smith thanked the Board and introduced Airport
Director Eric Menger, who discussed the work of the Exchange Club.
October 16, 2007 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER 21— 27,
2007, AS CHARACTER COUNTS! WEEK
Chairman Wheeler read the Proclamation into the record.
5.C. PRESENTATION ON COUNTY COOPERATIVE PROGRAM "SCREEN ON
THE GREEN" AT POINTE WEST BY CHUCKMECHLING
Chuck Mechling briefed the Board on the five-year ongoing cooperative program
that Pointe West has with the County's Recreation Department. He acknowledged the people
from the Recreation Department in attendance at today's meeting. Mr. Mechling spoke about the
new Heritage Park entertainment pavilion in Pointe West. He informed the Board that on October
19, 2007, Safe Space would hold a Fall Fest. Other scheduled activities are a Winter Fest, and
Habitat for Humanity will be hosting a hoedown. Mr. Mechling invited the Board and community
to enjoy the season at Pointe West.
5.D. PRESENTATION ON STATUS REPORT FROM IMPACT FEE TASK FORCE
BY PENNY CHANDLER AND BETH MITCHELL
Penny Chandler, Indian River County Chamber of Commerce, and Beth Mitchell,
Sebastian River Area Chamber of Commerce, presented this item. Ms. Chandler reminded the
Board of its decision to have the two Chambers initiate an Impact Fee Task Force to review and
report back to the Board on the Impact Fee Study that had been done by Duncan Associates. Ms.
Chandler talked about the creation and progress of the Task Force to date, and Ms. Mitchell
presented a handout to the Board, listing all of the Committee members (copy on file). Ms.
Chandler acknowledged the individuals who have agreed to serve on the task force, and stated that
October 16, 2007 3
the group had been broken into subcommittees to facilitate reviewing each section of the Report.
Ms. Chandler was looking forward to returning to the Board with the Task Force's
recommendations in the latter part of November 2007.
6. APPROVAL OF MINUTES
6.A. FINAL BUDGET HEARING — SEPTEMBER 12, 2007
The Chairman asked if there were any corrections or additions to the Minutes of the
Final Budget Hearing of September 12, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Final Budget Hearing of September 12,
2007, as written and distributed.
7. CONSENT AGENDA
7.A. APPROVAL OF WARRANTS — SEPTEMBER 28, 2007 — OCTOBER 4, 2007
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of September 28, 2007 to October 4, 2007, as
requested.
October 16, 2007 4
7.B. APPOINTMENT OF DR. STEPHEN J. FAHERTY, JR SR. TO THE UTILITY
ADVISORY COMMITTEE
County Administrator Baird asked for a correction to the name of Dr. Stephen J.
Faherty, Jr. It was noted that the correct name was Dr. Stephen J. Faherty, Sr.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the amendment to Item 7.B.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
appointment of Dr. Stephen J. Faherty, Sr., to the Utility
Advisory Committee, as recommended in the
memorandum of October 5, 2007.
7.C. RESOLUTION CANCELING TAXES ON MARINA PROPERTY ACQUIRED BY
THE CITY OF VERO BEACH FROM LOST TREE VILLAGE CORPORATION
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Resolution 2007-138, canceling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
October 16, 2007 5
7.D. OUT OF COUNTY TRAVEL TO ATTEND THE 2008 NATIONAL HURRICANE
CONFERENCE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
out -of -County travel for one or more Commissioners and
Staff to attend the National Hurricane Conference at the
Rosen Centre Hotel in Orlando, Florida, to be held from
March 31, 2008 until April 4, 2008, as requested in the
memorandum of October 10, 2007.
7.E. WORK ORDER No. 9 - FULL AND FINAL PAYMENT CARTER
ASSOCIATES, INC. SURVEYING SERVICES INDIAN RIVER COUNTY
PROJECT No. 0425 39THAVENUE — WABASSO SCRUB JAYHABITATI
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
payment of Carter Associates, Inc., Invoice No. 07410-01
in the amount of $1,000.00, as recommended in the
memorandum of October 1, 2007.
October 16, 2007 6
7.F. APPROVAL WORK ORDER No. 7 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING GEOTECHNICAL SERVICES FOR 10TH
COURT SW PETITION PAVING PROJECT. IRC PROJECT #0436
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Work Order No. 7 (Engineering), authorizing the
professional services outlined in the Scope of Services, and
authorized the Chairman to execute same, for a fee
not -to -exceed $7,601.00, as recommended in the
memorandum of October 2, 2007.
7.G. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510
FROM 61ST DRIVE TO SHORE LANE — AMENDMENT No. 3
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Amendment No. 3 to the Professional Civil Engineering
Geotechnical Engineering & Land Surveying Services
Agreement with McMahon Associates, Inc., as
recommended in the memorandum of September 24, 2007.
October 16, 2007 7
7.H. CHANGE ORDER No. 2 FOR INDIAN RIVER DRIVE SIDEWALK SOUTH
BETWEEN THE SOUTH CITY LIMITS OF SEBASTIAN AND US 1 IRC
PROJECT # 0201 AND IRC BID # 2007027
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Change Order No. 2, increasing the contract amount by
$21,020.00, as recommended in the memorandum of
October 2, 2007.
7.1. CR 512, I-95 TO ROSELAND ROAD-IRCPROJECTNO. 9611
ADDENDUM #8, TASK D, REQUEST FOR FINAL RELEASE OF
RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
releasing the retainage for Addendum No. 8 — Task D in the
amount of $8,600.00, as recommended in the memorandum
of October 5, 2007.
October 16, 2007 8
7.J. SPOONBILL MARSH — SPECIFIC PURPOSE SURVEY OF THE SUBMERGED
LAND LEASE AREA, MASTELLER, MOLER, REED & TAYLOR, INC.
FINAL PAY
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved final
payment for Work Order No. 17 to Masteller, Moler, Reed
& Taylor, Inc., for the total amount of $2,245.00, as
recommended in the memorandum of October 4, 2007.
7.K. DIVOSTA HOMES L.P.'S REQUEST FOR FINAL PLAT APPROVAL FOR A
SUBDIVISION TO BE KNOWN AS WATERWAY VILLAGE P.D. — PLAT 1 C
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously granted final
plat approval for Waterway Village P.D. — Plat 1C, as
recommended in the memorandum of October 8, 2007.
7.L. BID AWARD: BID # 2008003 ANNUAL BID FOR SULFURIC ACID,
UTILITIES DEPARTMENT / WATER PRODUCTION DIVISION
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously: (1) awarded
the annual contract to Shrieve Chemical Co., as the lowest
October 16, 2007 9
most responsive and responsible 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, as
needed, for the period of October 1, 2007 through
September 30, 2008 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, zero cost increase, vendor
acceptance and the determination that renewal of this
annual bid is in the best interest of Indian River County, all
as recommended in the memorandum of October 9, 2007.
Shrieve Chemical Co. is the current supplier but could not
renew the previous year bid due to significant raw material
cost increases. The new bid is a 37% increase over the
current year cost. Estimated annual usage is 200,000
gallons per year.
7.M. ACCEPTANCE CHANGE ORDER No. 33, FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Change Order #33, with Turner Construction Company,
and authorized the Chairman to execute same, as
recommended in the memorandum of October 10, 2007.
October 16, 2007 10
7.N. APPROVAL OF BID AWARD FOR IRC BID # 2008002 ANNUAL BID FOR
ZINC ORTHOPHOSPHATE. UTILITIES DEPARTMENT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously: (1) approved
the bid award to F2 Industries LLC 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, 2007 through September 30, 2008 with the
recommended vendor; and (3) authorized the Purchasing
Manager to renew this Bid for two (2) additional one (1)
year periods subject to satisfactory performance, zero cost
increase, vendor acceptance and the determination that
renewal of this annual contract is in the best interest of
Indian River County, all as recommended in the
memorandum of October 4, 2007 .
7.0. IRC JAIL EXPANSION — REDUCTION OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
reduction in retainage to 5%, and that the payment amount
of $757,098.36 be issued to Peter R. Brown Construction,
as recommended in the memorandum of October 9, 2007.
October 16, 2007 11
7.P. APPROVAL WORK ORDER No. 8 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING GEOTECNICAL SERVICES FOR 8T11 COURT
SW PAVING PROJECT. IRC PROJECT #0403
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Work Order No. 8 (Engineering) authorizing the
professional services as outlined in the Scope of Services,
and authorized the Chairman to execute same, for a fee
not -to -exceed $3,065.00, as recommended in the
memorandum of October 2, 2007.
7.Q. CONSTRUCTION CONTINGENCY FOR THE MAIN RELIEF CANAL
POLLUTION CONTROL SYSTEM— PROJECT 0113
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved an
additional $58,000.00 to be added to the originally
approved project's $140,000.00 construction contingency,
as recommended in the memorandum of October 9, 2007.
This increase will result in a new construction contingency
of $198,000.00, which is less than four (4) percent of the
total project. Barring unforeseeable circumstances, staff
anticipates this amount to be sufficient for the remainder of
the construction contract.
October 16, 2007 12
7.R. APPROVAL OF STATE AND FEDERALLY FUNDED SUBGRANT
AGREEMENT — CONTRACT NUMBER 08 -BG -24-10-40-01-085
This item was deleted from the Agenda.
7.S. ACCEPTANCE OF EMERGENCY MANAGEMENT FEDERALLY FUNDED
HOMELAND SECURITY SUBGRANT AGREEMENT 08 -DS -60-10-40-01
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
Federally Funded Subgrant Agreement
(08 -DS -60-10-40-01) with the Florida Department of
Community Affairs/Division of Emergency Management,
and authorized the Chairman to execute same, as
recommended in the memorandum of September 27, 2007.
7.T. FINAL PAYMENT AND RETAINAGE RELEASE FOR INDIAN RIVER DRIVE
SIDEWALK SOUTH BETWEEN THE SOUTH CITY LIMITS OF SEBASTIAN
AND US1, IRC PROJECT # 0201 AND IRC BID # 2007027
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
payment of Contractor's Application for Payment No. 4 in
the amount of $21,020.00, and Payment No. 5 requesting
release of final retainage in the amount of $43,424.93, with
October 16, 2007 13
funding as specified, and as recommended in the
memorandum of October 9, 2007.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLIC HEARING
9.A.1. CONSIDERATION OF AN APPLICATION FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR A CLASS "E" CERTIFICATE FROM
MEDICAL TRANSPORTATION SPECIALISTS (MTS) (ADMINISTRATIVE)
This item was deleted from the agenda.
9.B. PUBLIC DISCUSSION ITEMS -NONE
9.C. PUBLIC NOTICE ITEMS
9. C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR OCTOBER
23, 2007:
AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION 913.07,
PROCEDURE AND REQUIREMENTS FOR SUBMITTING AND PROCESSING
SUBDIVISION APPLICATIONS, AND 926.05, GENERAL REQUIREMENTS
OF LANDSCAPE AND BUFFERING REGULATIONS, TO PROHIBIT THE
October 16, 2007 14
PLANTING OF CITRUS GREENING AND CARIBBEAN FRUIT FLY HOST
PLANTS (LEGISLATIVE)
The Chairman read the notice into the record.
10. COUNTY ADMINISTRATOR MATTERS
10.A.1. 2008 FELLSMERE FROG LEG FESTIVAL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
waiving the standard rental fees for the use of County
equipment for the 2008 Fellsmere Frog Leg Festival, as
requested in the memorandum of October 9, 2007.
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT -NONE
11.B. EMERGENCY SERVICES -NONE
TLC. GENERAL SERVICES -NONE
11.D. HUMAN RESOURCES -NONE
11.E. HUMAN SERVICES -NONE
11.F. LEISURE SERVICES -NONE
October 16, 2007 15
11. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
11.H. RECREATION -NONE
11.L PUBLIC WORKS
11_1.1. LENNY'S LOUNGE PROPERTY ACQUISITION 1959 43RD A VENUE, VERO
BEACH
Public Works Director Jim Davis, through a PowerPoint presentation, recapped his
memorandum of October 10, 2007, and explained that the Utilities Department wanted to purchase
additional right-of-way along the 43rd Avenue Corridor for the four -lane widening and intersection
improvements along SR60. Director Davis related that the County had offered the property owner
$850,000.00, the average value of the two appraisals obtained ($735,000.00) plus 15% and
estimated attorneys' fees. The property owner has counter -offered one million one hundred
thousand dollars ($1,100,000.00), with no settlement having been reached. (Clerk's Note: Page
263 of the backup reflects an erroneous selling price of $1,050,00.00).
Director Davis presented staff's recommendation to make the owner an
unconditional offer of $850,000.00. He stated that if the owner does not accept the offer, the item
could be brought back for future Board consideration of eminent domain.
Commissioner Davis asked for legal opinion on eminent domain and learned from
Attorney Collins that the process usually results in expenses greater than the property's fair market
value. Attorney Collins felt that the Board should proceed with staff's recommendation of
offering at least the $850,000.00.
October 16, 2007 16
Commissioner O'Bryan wanted to use the higher appraisal value, the $770,000.00,
plus the 15%, in order to ensure they were making the best fairest offer.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chair Bowden, the Board unanimously approved
making an unconditional offer of the highest appraised
value, $770,000.00, plus 15%, for the purchase of the
Lenny's Lounge property, with the figures to be finalized
by staff.
II.J. UTILITIES SERVICES
11.J. I. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID
#2007082 WEST WABASSO WATER MAIN PHASE II/UTILITIES
DEPARTMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the bid award to Timothy Rose Contracting, Inc. as the
lowest most responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid. The
Board also approved the Sample Agreement and authorized
the Chairman to execute same, when required performance
and payment bonds have been submitted along with
appropriate Certificate of Insurance and the County
Attorney has approved the agreement as to form and legal
sufficiency, as recommended in the memorandum of
October 1, 2007. The low bidder, L. H. Tanner
October 16, 2007 17
Construction, of Melbourne, Fl. has never performed utility
water construction and could not provide references.
12. COUNTY ATTORNEY MATTERS
12.A. REQUEST TO VOID LETTER OF CREDIT SUPPORTING DEVELOPER'S
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND OSLO 27, LLC
FOR 27T11AVENUEBETWEEN 13TH STREET SW AND 17TH STREET SW
County Attorney Will Collins stated that about one year ago, the County had entered
into a proportionate share agreement with Oslo 27, LLC for the four-laning of 27th Avenue,
between 13th St. SW and 17th St. SW. Since the project was not on the County's Capital
Improvement Plan, Oslo 27, LLC was required to fund the improvements, and secured their
obligation with a $5 million Letter of Credit. Reviewing his memorandum of October 10, 2007,
Attorney Collins detailed the circumstances, including a change to the Concurrency Ordinance in
January 2007, which affected the developer's original plan and resulted in their request for
termination and release of the Agreement and the Letter of Credit, respectively. Attorney Collins
noted that Oslo 27, LLC had started and would finish the design involved in the right -of -way
acquisition for the four -lane section.
Attorney Collins informed the Board that under the Proportionate Share Statutes,
the County had been required to add the project to its Capital Improvement Element (CIE) of the
Comprehensive Plan. As the project was to have been 100% developer funded (with no County
funding), staff wanted to delete the project and return with proposed amendments to the CIE of the
Comprehensive Plan.
Detailed discussion ensued between Commissioner O'Bryan and Director Keating
regarding the proposed development project, concurrency, and roadway improvements to 27th
October 16, 2007 18
Avenue. Director Keating divulged that the County had $3 million currently in the Capital
Improvements Program that would be used to effect roadway improvements north and south of
Oslo Road for one half -mile each way.
Chairman Wheeler declared that the Letter of Credit was approved when the
circumstances were different, and felt that it was the Board's responsibility to authorize the return
of the Agreement.
Attorney Collins established that the project had been added to the Capital
Improvement Plan at a Public Hearing and he wanted to have it removed at a Public Hearing. He
clarified that staff was seeking Board approval to bring forward an amendment to the
Comprehensive Plan through the Public Hearing process, substantially terminate the Developer's
Agreement, and then return the developer's Letter of Credit.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
holding a Public Hearing to amend the CIE (Capital
Improvement Element) of the Comprehensive Plan to be
scheduled sometime in November or December 2007. If
the deletion from the CIE is approved, the County
Attorney's office would prepare a modification to the
Developer's Agreement which substantially terminates the
December 12, 2006 Agreement, and authorizes the return
of the $5,000,000.00 Letter of Credit, all as recommended
in the memorandum of October 10, 2007.
October 16, 2007 19
Jerry Swanson, Managing Partner of Oslo 27, LLC, invited questions from the
Board and expressed regret that he would not be building this road.
Bob Johnson, Coral Winds Subdivision, wanted the Board to examine the
ramifications of this situation carefully at the Public Hearing. He pointed out that 27th Avenue is
a major thoroughfare leading to Piper Aircraft, and he believed the area would eventually be
expanded.
12.B. PROPOSED "SETTLEMENT AGREEMENT AND RELEASE" BETWEEN
INDIAN RIVER COUNTY AND MHC COUNTRYSIDE AT VERO BEACH,
L.L.C., CASE No. 2006 -0114 -CA -09
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the "Settlement Agreement and Release" with MHC
Countryside at Vero Beach, LLC., as recommended in the
memorandum of October 10, 2007.
13. COMMISSIONER ITEMS
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN -NONE
13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR -NONE
13. C COMMISSIONER WESLEY S. DAVIS
October 16, 2007 20
13. C. I. REQUEST FOR A RESOLUTION TO BE DRAFTED IN SUPPORT OF
PROTECTING THE DEPARTMENT OF CITRUS' ADVERTISING TRUST
FUND AND SUPPORT IN WRITING A LETTER TO STATE LEGISLATIVE
DELEGATION REQUESTING FUNDING FOR THE INDIAN RIVER COUNTY
RURAL AND FAMILY LANDS PROTECTION PROGRAM
Commissioner Davis reported that his recommendations were from the Agricultural
Advisory Committee (AAC), and he dispelled rumors that he had appointed the AAC Committee
members. He explained that the Advertising Trust Fund for the Department of Citrus is a "box
tax" that the growers affix and pay themselves, in order to advertise the commodities of grapefruit,
orange juice, and citrus. There has been some discussion about the State appropriating these
monies to balance their general revenue budget. He declared that the AAC is adamantly opposed
to this proposal, and he wanted to draft a resolution of support to keep the citrus growers' money
out of the State's budget.
Vice Chair Bowden was also adamantly opposed to "raiding the box tax fund".
Chairman Wheeler commented that it would be a plus for staff and Commissioner
Davis to present this matter to the State Legislative Delegation.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously directed the
County Attorney to draft a Resolution of Support protecting
the Department of Citrus' Advertising Trust Fund from
being cut or from going into the State's General Revenue
Fund.
October 16, 2007 21
Commissioner Davis informed the Board that the AAC had unanimously
recommended that the Commissioners request funding for the Rural and Family Lands Protection
Program (RFLPP), which Indian River County already has in place. He divulged that the County
could go after matching funds through some of the bond dollars if the program is funded.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously directed the
County Attorney or his staff to draft a letter to the State
Legislative Delegation requesting funding for the Indian
River County Rural and Family Lands Protection Program,
as requested in the memorandum of October 10, 2007.
13.D. COMMISSIONER JOSEPH E. FLESCHER-NONE
13.E. COMMISSIONER PETER D. O'BRYAN-NONE
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT -NONE
14.B. SOLID WASTE DISPOSAL DISTRICT -NONE
14. C ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Regular
Meeting, the Board would reconvene as the Board of Commissioners of the Environmental
Control Board. Those Minutes are being prepared separately and appended to this document.
October 16, 2007 22
14. C 1. APPROVAL OF MINUTES -REGULAR MEETING OF .JULY 10, 2007
14. C 2. APPROVAL OF MINUTES -REGULAR MEETING OF .JULY 2-724, 2007
14.C.3. REPORT OF ACTIVITIES DURING THIRD QUARTER(JULY THROUGH
SEPTEMBER, 2007)
15. ADJOURNMENT
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
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 9:42 a.m.
ATTEST:
October 16, 2007 23
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/MG/2007Minutes
October 16, 2007 24