HomeMy WebLinkAbout10/21/2008 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 4, 2008
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........................................3
A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 11, 2008 AS
VETERAN'S DAY............................................................................................................3
B. PRESENTATION BY DAVID GUNTER, CHAIRMAN, BOARD OF SUPERVISORS OF
THE INDIAN RIVER SOIL AND NATER CONSERVATION DISTRICT PROCLAIMING
LOUIS SCHACHT COOPERATOR OF YEAR FOR 2008 .....................................................3
C. PRESENTATION OF PROCLAMATION HONORING SANDRA L. BO WDEN..................... 4
D. ADDITION: PRESENTATION BY THE INDIAN RIVER COUNTY GREEN
GOVERNMENT CERTIFICATION COMMITTEE...............................................................4
E. COMMISSIONER PETER D. O'BRYAN.............................................................................. S
1. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO SUBMIT THE
FINAL APPLICATION TO THE FLORIDA GREENBUILDING COALITION ....................... S
6. APPROVAL OF MINUTES.........................................................................6
1
November 4, 2008
A. IMPACT FEE WORKSHOP, SEPTEMBER 17, 2008.............................................................. 6
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION -
NONE................................................................................................................7
8. CONSENT AGENDA.....................................................................................7
8.A. APPROVAL OF WARRANTS AND WIRES -OCT. 10 TO OCT. 16, 2008 ........................ 7
8.B. APPROVAL OF WARRANTS AND WIRES -OCT. 17 TO OCT. 23, 2008 ........................ 8
8.C. VALUE ADJUSTMENT BOARD HEARINGS....................................................................... 8
8.D. LEASE EXTENSION 8865 91ST AVENUE, VERO BEACH, FL CR 510 WIDENING
AND IMPROVEMENTS, COUNTYPROJECT NO. 0610, GINA HOWER, TENANT.............8
8.E. 43RD AVENUE, 8TH STREET TO 18TH STREET ROAD IMPROVEMENTS, RIGHT-OF-
WAYACQUISITION 1150 43" AVENUE, ELBERT C. & FRANCIS K. PICKERILL.......... 9
8.F. FINAL PAY REQUEST #18 FOR THE INDIAN RIVER COUNTY EMERGENCY
OPERATIONS CENTER (EO C) ....................................................................................... 9
8.G. RENEWAL OF PROFESSIONAL BRIDGE DESIGN SERVICES AGREEMENT FOR
2008-2009...................................................................................................................10
8.H. ROADWAY IMPROVEMENTS TO SR AIA AND CR 510 KIMLEY-HORN AND
ASSOCIATES, INC., AMENDMENT No. 2 -RELEASE OF RETAINAGE ...........................10
8.L APPROVAL OF WORK ORDER NO. MCI -REVISED WITH PENINSULA
HYDROLOGIC DATA SPECIALISTS, INC. FOR WATER QUALITY TESTING AND
SUPPORT SERVICES FOR THE MAIN RELIEF CANAL POLLUTION CONTROL
SYSTEM........................................................................................................................11
8.J RIGHT-OF-WAYACQUISITION, 74TH AVENUE SOUTH OF STATE RD. 60, CORNER
8TH STREET & 74THAVE., DONALD S BEATY.............................................................11
8.K WORK ORDER NO. 4 (ENGINEERING/SURVEYING), MORGAN EKLUND, ING -
53RD STREET ROADWAY IMPROVEMENTS PROJECT FULL & FINAL PAY LAKE
HYDROGRAPHIC SURVEYING AND MAPPING, INDIAN RIVER COUNTY RIVER
COUNTY PROJECT NO. 0107, CONTINUING PROFESSIONAL SURVEYING &
MAPPING/GIS SER VICES CONTRACT 0725................................................................12
2
November 4, 2008
8.L. WORK ORDER NO. 8 (ENGINEERING/SURVEYING), MASTELLER, MOLER,
REED AND TAYLOR, INC., IRCHIGH WATER MARKSURVEY, TROPICAL STORM
FAY IRC PROJECT NO. 0846 - FULL AND FINAL PAY CONTINUING
PROFESSIONAL SURVEYING & MAPPING/GIS SER VICES, CONTRACT 0725 .............12
8.M. WORK ORDER NO. 14 (ENGINEERING/SURVEYING), CARTER ASSOCIATES,
INc. - FULL AND FINAL PAY, IRC HIGH WATER MARK SURVEY, TROPICAL
STORM FAY IRC PROJECT NO. 0846 -CONTINUING PROFESSIONAL
SURVEYING & MAPPING/GIS SERVICES, CONTRACT 0725 .......................................13
8.N. WAL MART STORE EAST L.P.'S REQUEST FOR APPROVAL OF A CORRECTED
FINAL PLAT FOR THE SAM'S CLUB AT VERO BEACH COMMERCIAL PLANNED
DEVEL OPMENT............................................................................................................13
8.0. DEMOLITION 4230 29THAVE., L UFLE TTA AND WILL BATTLE....................................14
8.P. NAP INDIANRIVER If, L.L. CIS REQUEST FOR FINAL PLAT APPROVAL FOR A
COMMERCIAL SUBDIVISION TO BE ANOWNAS THE LANDINGS.................................14
8.Q. APPROVAL OF STATE SOVEREIGNTY SUBMERGED LANDS LEASE FOR THE
ARCHIE SMITH FISHHOUSE DOCK FACILITY...........................................................15
8.R. ROYAL OAK MOBILE HOME PARK WATER CONNECTION, WORK
AUTHORIZATION DIRECTIVE No. 2007-016, UCP No. 3082, APPROVAL OF
FINAL PAYMENT TO LABOR CONTRACTOR DERRICO CONSTRUCTION CORP.
AND RELEASE OF RETAINAGE....................................................................................15
8.S. CHOOSE LIFE LICENSE PLATE FUNDING ANNUAL AUDIT..........................................16
8.T. REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR LOT 5,
BLOCK 13, VERO LAKE ESTATES SUBDIVISION, UNIT 2, LocATED AT 8365 92"D
AVENUE.......................................................................................................................16
8. U AWARD OF BID #2008081, 12TH STREET SIDEWALK (16TH AVENUE TO II TH
AVENUE), IRCPROJECTNo. 0216.............................................................................17
8. V AWARD OF BID # 2008080, 12TH STREET SIDEWALK (43RDAVE. TO 27TH
AvE.), IRCPROJECTNo. 0604..................................................................................17
8.W. FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT FOR OSLO
ROAD BOA TRAMP, IRCPRoJECTNo. 0381.............................................................17
8.X. AwARD OF BID # 2008075, STH STREET SW BRIDGE REPLACEMENT AND
INTERSECTIONIMPROVEMENTS, IRCPRoJECTNo. 0206 ........................................18
3
November 4, 2008
8.Y APPROVAL OF AMENDMENT NO. I TO LEGISLATIVE PROJECT GRANT NO.
LP6734 FOR THE EGRET MARSH REGIONAL STORMWATER PARK ........................... 18
8.Z. COLLECTIVE BARGAINING AGREEMENT BETWEEN INDL4N RIVER COUNTY
EMERGENCY SERVICES DISTRICT AND (IAFF)INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS, LOCAL 2201.................................................................................19
8.AA. EXECUTION OF 2008 BAYTREE AND MARBRISA DUNE RESTORATION PROJECT
TRI -PAR T Y A GREEMENT............................................................................................. 20
8.BB. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL, GENERAL
SERVICES PURCHASING DIVISION..............................................................................20
8. CC. DECLARE RETIRING VEHICLES SURPL US FOR DONATION.......................................21
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES....................................................................................................21
A. JEFFREYK. BARTON, INDIANRIVER COUNTY CLERK OF CIRCUIT COURT......... 21
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2007-2008 ...............21
B. CHARLES W. SEMBLER, INDIAN RIVER COUNTY TAX COLLECTOR
CONSTITUTIONAL OFFICER FINANCL4L REPORT FOR FISCAL YEAR 2007-2008.....22
C. DAVID C. NOLTE, INDL4NRIVER COUNTYPROPERTYAPPRAISER CONSTITUTI
D. KAYCLEM, INDL4NRIVER COUNTYSUPERVISOR OFELECTIONS CONSTITUTIONAL
OFFICER FINANCL4L REPORT FOR FISCAL YEAR 2007-2008 ...................................23
E. ROYRAYMOND, INDL4NRIVER COUNTYSHERIFF.........................................................23
1. CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2007-2008 ...........23
2. FY2008 STATE CRIMINAL ALIENASSISTANCE PROGRAM (SCRAP) AWARD..............24
10. PUBLIC ITEMS............................................................................................24
A. PUBLIC HEARINGS...................................................................................24
1. COUNTY INITIATED REQUEST TO AMEND THE CAPITAL
IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE
PLAN (LEGISLATIVE).............................................................................24
4
November 4, 2008
10.B. PUBLIC DISCUSSION ITEMS.................................................................27
1. REQUEST TO SPEAK FROMEVERETTEBROWNREGARDING43RDAVENUE ..............27
10.C. PUBLIC NOTICE ITEMS..........................................................................28
1. NOTICE OF SCHEDULED PUBLIC HEARING NOVEMBER I8, ZOOS:................................28
LARS HAKANSSON AND ROBIN DA VIS' REQUEST FOR ABANDONMENT OF A PORTION
OF 48TH AVENUE LYING BETWEEN 85TH PLACE AND 86TH STREET IN WABASSO
(ADMINISTRATIVE)...................................................................................................... 28
11. COUNTY ADMINISTRATOR MATTERS - NONE .............................29
12. DEPARTMENTAL MATTERS.................................................................29
12.A. COMMUNITY DEVELOPMENT - NONE.............................................29
12.B. EMERGENCY SERVICES - NONE.........................................................29
12.C. GENERAL SERVICES - NONE...............................................................29
12.D. HUMAN RESOURCES - NONE................................................................29
12.E. HUMAN SERVICES - NONE....................................................................29
12.F. LEISURE SERVICES - NONE..................................................................29
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ......................29
12.11. RECREATION - NONE.............................................................................29
5
November 4, 2008
12.I. PUBLIC WORKS.........................................................................................30
1. GRADING 87TH STREET WEST OF CR 512 IN FELLSMERE..............................................30
12.J. UTILITIES SERVICES...............................................................................31
1. CHANGE ORDER NO. S TO IRC CONTRACT 2006012 WITH POOLE AND KENT
COMPANY OF FLORIDA, INC., FOR THE EXPANSION OF THE NORTH RO WATER
TREATMENTPLANT..................................................................................................... 31
13. COUNTY ATTORNEY...............................................................................32
A. REQUEST FOR LEASE EXTENSION BY DONALD AND JOANNE STASZEWSKI
DIBIA WINGS OF JOY CHRISTIAN BOOK STORE.......................................................... 32
13.B. RESOL UTION OF NECESSITY FOR OSLO ROAD/27TH A VENUE...................................33
13.C. PURCHASE AND LEASE AGREEMENTS FOR MARK'S MOBIL FOR THE STATE
ROAD 60/43"AVENUEINTERSECTIONIMPROVEMENT............................................35
13.D. LICENSE AGREEMENT WITH GLOBAL TOWER ASSETS, LLC AND
CONSTRUCTIONOFNEW TOWER................................................................................38
14. COMMISSIONERS ITEMS.......................................................................38
A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN - NONE ..38
B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN -
NONE..............................................................................................................3 9
1. MATTERS FOR ADVERTISING CHAPTER 911, MINING ORDINANCE................................39
C. COMMISSIONER JOSEPH E. FLESCHER - NONE ........................... 39
D. COMMISSIONER PETER D. O'BRYAN...............................................40
1. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO SUBMIT THE
FINAL APPLICATION TO THE FLORIDA GREENBUILDING COALITION ..................... 40
r
November 4, 2008
E. COMMISSIONER GARY C. WHEELER - NONE...............................40
15. SPECIAL DISTRICTS AND BOARDS....................................................40
15.A. EMERGENCY SERVICES DISTRICT -NONE....................................40
15.B. SOLID WASTE DISPOSAL DISTRICT..................................................40
1 S.B.I. APPROVAL OF MINUTES, REGULAR MEETING OF SEPTEMBER 16,
2008 40
I5.B.2. RETENTIONOFSPECIALIZED OUTSIDE COUNSEL BYSWDD................................40
15.C. ENVIRONMENTAL CONTROL BOARD - NONE..............................41
6. ADJOURNMENT.........................................................................................41
VA
November 4, 2008
November 4, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
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, November 4, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman
Wesley S. Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan and Gary C.
Wheeler. Also present were County Administrator Joseph A. Baird, County Attorney William
G. Collins II, and Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Detective Teddy Floyd, Indian River County Sheriff's Office — Crime Prevention
Unit, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Gary C. Wheeler led the Pledge of Allegiance to the Flag.
November 4, 2008 1
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY
IT_
1. Addition: Item 5.1), Presentation by the Indian River
County Green Government Certification Committee.
2. Move Item 14.D.1 to become Item 5.E.
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, the Board
unanimously approved the above changes to the
Agenda.
3. Addition: Item 14.B.1., "Matters for Advertising Chapter 911, Mining
Ordinance."
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the above change to the Agenda.
November 4, 2008 2
5. PROCLAMATIONS AND PRESENTATIONS
continuity.)
A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER
11, 2008 AS VETERAN'S DAY
(Clerk's Note: this item was heard following Item 5.E and is placed here for
Chairman Bowden read and presented the Proclamation to Veteran's Council
representative Dr. Weiss, who thanked the Board for the Presentation and urged County residents
to go out and vote.
B. PRESENTATION BY DAVID GUNTER, CHAIRMAN, BOARD OF
SUPERVISORS OF THE INDIAN RIVER SOIL AND WATER
CONSERVATION DISTRICT PROCLAIMING LOUIS SCHACHT
COOPERATOR OF YEAR FOR 2008
Bob Adair, Vice Chairman of the Indian River Soil and Water
Conservation District Board, speaking on behalf of Chairman David Gunter, recognized their
employee Brenda Davis, Staff Assistant who has done a lot of work for the County. He briefly
provided background on the activities of the Soil and Water Conservation District, and read and
presented a Proclamation to Louis Schacht honoring him for his contribution to the County in the
areas of conservation. Mr. Schacht thanked his colleagues for the Proclamation.
November 4, 2008 3
C PRESENTATION OF PROCLAMATION HONORING SANDRA L.
BOWDEN
Vice Chairman Davis read and presented the Proclamation and Plaque
honoring out -going Chairman, the Honorable Sandra L. Bowden, for her years of commitment
and dedicated service to the Community.
Chairman Bowden thanked everyone and expressed her pleasure to serve.
Administrator Baird, on behalf of staff, conveyed gratitude to Chairman Bowden.
A ADDITION. PRESENTATION BY THE INDIAN RIVER COUNTY
GREEN GOVERNMENT CERTIFICATION COMMITTEE
(Clerk's Note: This Item was heard prior to Item S.A.)
Himanshu Mehta of the Solid Waste Disposal District provided an update
on the Indian River County Green Government Certification process and requested approval to
submit the final application to the Florida Green Building Coalition, Inc. He gave a brief history
of the Committee; talked about the benefits of green certification, and the procedures and general
guidance for going green.
Amy Thoma continued the presentation by highlighting some of the
Committee's achievements and goals for energy & air, water, waste, health, land use and
awareness. She also highlighted other "green" programs in the County.
November 4, 2008 4
Commissioner O'Bryan pointed out that the State Legislature passed an
Energy Bill that requires, in the future, that any County buildings whose architectural plans are
commenced after July 1, 2008 have to be built to "green" standards.
Judy Orcutt, concluding the presentation, recognized other green
Initiatives/Programs in the County: Habitat for Humanity, the School District, the Environmental
Learning Center, Kimley-Horn and Associates, The Mandela Group, and the Chamber of
Commerce. She highlighted the levels of certification that could be met and noted that the
County has achieved a 53% on the checklist and has attained the "Gold Certification" level. She
thanked County Commissioners and Administrator Baird for their support of the Green Building
Coalition.
Himanshu Mehta requested Board approval to submit the final application.
E. COMMISSIONER PETER D. O'BRYAN
1. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO
SUBMIT THE FINAL APPLICATION TO THE FLORIDA GREEN
BUILDING COALITION
(Clerk's Note: This item was moved up from Item 14.D. I).
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, for
discussion, to submit the final application to the
Florida Green Building Coalition.
November 4, 2008 5
Commissioner Flescher was pleased to note that his early concerns about
cost factors involved in this process were diminished, and spoke to the benefits of this program.
The Chairman CALLED THE QUESTION and the
Board unanimously approved the submittal of the final
application to the Florida Green Building Coalition;
approved a budget amendment in the amount of
$4,000.00; and authorized the Chairman to execute the
same, as recommended in the memorandum of
October 29, 2008.
Christine Kelly, Ag Extension Office, presented "green" mugs to
Commissioners.
COPY OF FINAL APPLICATION FORM ON FILE IN THE OFFICE OF CLERK TO THE BOARD
6. APPROVAL OF MINUTES
A. IMPACT FEE WORKSHOP, SEPTEMBER 17, 2008
The Chairman asked if there were any additions, deletions or corrections to
the Minutes of the Impact Fee Workshop of September 17, 2008. There were none.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Minutes of the Impact Fee Workshop of
September 17, 2008, as written.
November 4, 2008 6
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REOUIRING BOARD ACTION -
NONE
8. CONSENT AGENDA
Commissioner O'Bryan asked to pull Item 8.Z, for discussion.
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, the Board
unanimously approved the Consent Agenda, as
amended.
8.A. APPROVAL OF WARRANTS AND WIRES — OCT. 10 TO OCT 16,
2008
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the list of Warrants and Wires issued by the
Clerk to the Board for the time period of October 10,
2008, to October 16, 2008, as requested in the
memorandum dated October 16, 2008.
November 4, 2008 7
8.B. APPROVAL OF WARRANTS AND WIRES — OCT. 17 TO OCT. 23,
2008
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the list of Warrants and Wires issued by the
Clerk to the Board for the time period of October 17,
2008, to October 23, 2008, as requested in the
memorandum dated October 23, 2008.
8.C. VAL UE ADJUSTMENT BOARD HEARINGS
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the extension of the tax roll prior to the
completion of the Value Adjustment Board hearings, as
requested in the memorandum dated October 28, 2008.
8.D. LEASE EXTENSION 8865 91ST AVENUE. VERO BEACH, FL CR
510 WIDENING AND IMPROVEMENTS. COUNTY PROJECT NO. 0610,
GINA HOWER. TENANT
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Alternative 1, the Lease Renewal Agreement
allowing Gina Hower to remain in the premises and
amending the Lease to terminate on April 30, 2009; and
November 4, 2008 8
authorized the Chairman to execute the Agreement, as
recommended in the memorandum dated October 10,
11:
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. 43RD AVENUE, 8TH STREET TO 18TH STREET ROAD
IMPROVEMENTS. RIGHT-OF-WAY ACQUISITION 1150 43RD AVENUE.
ELBERT C. & FRANCIS K. PICKERILL
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Alternative 1, the $1,800.00 purchase with
Elbert & Francis Pickerill, and authorized the Chairman
to execute said Agreement, as recommended in the
memorandum dated October 8, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. FINAL PAY REOUEST #18 FOR THE INDIAN RIVER COUNTY
EMERGENCY OPERATIONS CENTER (EO C)
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the final payment on the Emergency
Operations Center to Turner Construction Company,
November 4, 2008 9
Inc., in the amount of $58,895.00, as recommended in
the memorandum of October 24, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. RENEWAL OF PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT FOR 2008-2009
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Professional Services Agreement with
Bridge Design Associates, Inc., and authorized the
Chairman to execute same, as recommended in the
memorandum of October 16, 2008.
8.H. ROADWAY IMPROVEMENTS TO SR AIA AND CR SIO KIMLEY-
HORN AND ASSOCIATES, INC., AMENDMENT NO. 2 -RELEASE OF
RETAINAGE
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the release of retainage for Amendment No. 2
to Kimley-Horn and Associates, Inc., in the amount of
$7,300.00, as recommended in the memorandum of
October 15, 2008.
November 4, 2008 10
8.L APPROVAL OF WORK ORDER NO. MCI -REVISED WITH
PENINSULA HYDROLOGIC DATA SPECIALISTS, INC. FOR WATER
OUALITY TESTING AND SUPPORT SERVICES FOR THE MAIN RELIEF
CANAL POLLUTION CONTROL SYSTEM
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Work Order No. MCI -Revised with Peninsula
Hydrologic Data Specialists, Inc., and authorized the
Chairman to execute same, as recommended in the
memorandum dated October 17, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. RIGHT-OF-WAY ACQUISITION, 74TH AVENUE SOUTH OF STATE
RD. 60. CORNER 8TH STREET & 74THAVE., DONALD S. BEATY
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Alternative 1, the $419,855 purchase of right
of way, improvement replacement and legal fee, and
authorized the Chairman to execute said Agreement, as
recommended in the memorandum dated October 27,
2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
November 4, 2008 11
8.K WORK ORDER NO. 4 (ENGINEERING/SURVEYING), MORGAN
EKLUND, INC. — 53RD STREET ROADWAY IMPROVEMENTS PROJECT
FULL chic FINAL PAY LAKE HYDROGRAPHIC SURVEYING AND
MAPPING, INDIAN RIVER COUNTY RIVER COUNTY PROJECT No.
0107, CONTINUING PROFESSIONAL SURVEYING & MAPPING/GIS
SERVICES CONTRACT 0725
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved payment of Morgan & Eklund, Inc.'s Invoice
No. 1-08-952, dated October 17, 2008, in the amount of
$5,490.00 for full and final pay for Work Order No. 4, as
requested in the memorandum of October 23, 2008.
8.L. WORK ORDER NO. 8 (ENGINEERING/SURVEYING),
MASTELLER, MOLER, REED AND TAYLOR. INC., IRC HIGH WATER
MARK SURVEY, TROPICAL STORM FAY IRC PROJECT NO. 0846 -
FULL AND FINAL PAY CONTINUING PROFESSIONAL SURVEYING &
MAPPING/GIS SERVICES. CONTRACT 0725
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved payment of Masteller, Moler, Reed & Taylor,
Inc.'s Invoice No. 2658-7298, dated October 21, 2008,
in the amount of $3,485.00, as recommended in the
memorandum dated October 23, 2008.
November 4, 2008 12
8.M. WORK ORDER NO. 14 (ENGINEERING/SURVEYING), CARTER
ASSOCIATES, INC. - FULL AND FINAL PAY, IRC HIGH WATER MARK
SURVEY, TROPICAL STORM FAY IRC PROJECT No. 0846 -
CONTINUING PROFESSIONAL SURVEYING & MAPPING/GIS
SERVICES, CONTRACT 0725
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, the Board
approved payment of Carter Associates, Inc.'s Invoice
No. 08429-1, dated October 24, 2008, in the amount of
$4,960.00 for full and final payment of Work Order
No. 14, as recommended in the memorandum of
October 24, 2008.
8.N. WAL-MARTSTOREEASTL.P.'SREQUESTFORAPPROVAL OFA
CORRECTED FINAL PLAT FOR THE SAM'S CLUB AT VERO BEACH
COMMERCIAL PLANNED DEVELOPMENT
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, the Board
unanimously granted approval for the corrected final
plat for the Sam's Club at Vero Beach Commercial
Planned Development, as recommended in the
memorandum dated October 21, 2008.
November 4, 2008 13
8.0. DEMOLITION423029THAVE.,LUFLETTA AND WILL BATTLE
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved and granted Mrs. Ernestine Williams 60 days
in which to secure a building permit in order to
effectuate the necessary repairs on the structure located
at 4230 29th Avenue; and the Building Department will
remove this item from the approved demolition Purchase
Order and not to take any action against this house at
this time; and should Mrs. Williams not make
substantive progress, in the opinion of the County staff,
within that 60 days, staff would be directed to
commence demolition under the original Order, as
recommended in the memorandum dated October 28,
2008.
8.P. NAP INDIAN RIVER II. L.L. C.'S REQUEST FOR FINAL PLAT
APPROVAL FOR A COMMERCIAL SUBDIVISION TO BE KNOWNAS THE
LANDINGS
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, the Board
unanimously granted final plat approval for The
Landings commercial subdivision, as recommended
in the memorandum dated October 13, 2008.
November 4, 2008 14
8.0. APPROVAL OF STATE SOVEREIGNTY SUBMERGED LANDS
LEASE FOR THE ARCHIE SMITH FISHHOUSE DOCK FACILITY
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, the Board
unanimously approved the sovereignty submerged
lands Lease for the Archie Smith Fish House dock
facility, and authorized the Chairman to sign the
Lease, as recommended in the memorandum dated
October 28, 2008.
PARTIALLY EXECUTED COPY OF LEASE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
8.R. ROYAL OAK MOBILE HOME PARK WATER CONNECTION,
WoRK AUTHORIZATION DIRECTIVE NO. 2007-016, UCP No. 3082,
APPROVAL OF FINAL PAYMENT TO LABOR CONTRACTOR DERRICO
CONSTRUCTION CORP. AND RELEASE OF RETAINAGE
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, the Board
unanimously approved the application for release of
retainage to Derrico Construction Corp., in the
amount of $831.89, final payment No. 2, as
recommended in the memorandum dated October 27,
2008.
November 4, 2008 15
8.S. CHOOSE LIFE LICENSE PLATE FUNDING ANNUAL A UDIT
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, the Board
unanimously approved the Annual Choose Life
Specialty License Plate Report and authorized the
Chairman to sign the Report for submittal to the
Department of Highway Safety and Motor Vehicles,
as recommended in the memorandum dated October
27, 2008.
COPY OF REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. T. REOUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER
FOR LOT 5, BLOCK 13, VERO LAKE ESTATES SUBDIVISION, UNIT 2,
LOCATED AT 8365 92" AVENUE
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the cut and fill balance waiver based on the
criteria of Section 930.07(2)(d)1, as recommended in the
memorandum dated October 23, 2008.
November 4, 2008 16
8. U. AWARD OF BID #2008081, 12TH STREET SIDEWALK (16TH
AVENUE TO 11THAVENUE), IR C PROJECT No. 0216
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the contract award to Timothy Rose
Contracting Inc., in the amount of $140,000.91, as
recommended in the memorandum dated October 27,
2008.
8.V. A WARD OF BID # 2008080,12TH STREET SIDEWALK (43" A vE.
To 27TH AvE.). IR C PROJECT No. 0604
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the bid award to Sheltra & Sons Construction
Co. Inc., in the amount of $303,421.25, as recommended
in the memorandum dated October 27, 2008.
8.W. FLORIDA INLAND NAVIGATION DISTRICT PROJECT
AGREEMENT FOR OSLO ROAD BOAT RAMP, IRCPROJECTNO. 0381
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved and authorized the Chairman to execute the
Florida Inland Navigation District Project Agreements
November 4, 2008 17
for the Oslo Road Public Boat Ramp, as recommended
in the memorandum dated October 27, 2008.
PARTIALLY EXECUTED COPY OF AGREEMENT ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
8.X. AWARD OF BID # 2008075, 5TH STREET SW BRIDGE
REPLACEMENT AND INTERSECTION IMPROVEMENTS, IRC PROJECT
No. 0206
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the contract award to Sheltra & Sons
Construction Co. Inc., as recommended in the
memorandum dated October 23, 2008.
8. Y. APPROVAL OF AMENDMENT NO. I TO LEGISLATIVE PROJECT
GRANT NO. LP6734 FOR THE EGRET MARSH REGIONAL
STORMWATER PARK
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Amendment No. 1 to DEP Agreement No.
LP6734, and authorized the Chairman to execute same,
as recommended in the memorandum dated October 15,
2008. The Agreement will then be returned to the
November 4, 2008 18
Florida Department of Environmental Protection, which
will finalize its execution.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.Z. COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN
RIVER COUNTY EMERGENCY SERVICES DISTRICT AND
(IAFF)INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL
2201
Commissioner O'Bryan recognized and acknowledged the Firefighters who
negotiated the contract in good faith and came forward with a contract that he believes is
beneficial to the County.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Collective Bargaining Agreement between
the IAFF Local 2201 and Indian River County
Emergency Services District, as recommended in the
memorandum dated October 28, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
November 4, 2008 19
8.AA. EXECUTION OF 2008 BAYTREE AND MARBRISA DUNE
RESTORATION PROJECT TRI-PARTYAGREEMENT
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved and authorized the Chairman to execute the
Tri -Party Agreement among the County, Baytree
Condominium Association and Marbrisa Homeowners
Association, as recommended in the memorandum dated
October 21, 2008.
Pursuant to staff, and as stated in the Agreement, Baytree and Mabrisa will
provide funding for the entire local cost share match, paid in full and at their respective shares,
prior to project construction. Therefore, the County will expend no local dollars on this project.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.BB. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR
DISPOSAL, GENERAL SERVICES PURCHASING DIVISION
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
approved and declared the listed items surplus and
authorized its sale and/or proper disposal; and (2)
granted the authority to have the surplus equipment sold
at public auction during the month of December, at the
Indian River County School District Maintenance Yard,
November 4, 2008 20
as recommended in the memorandum of October 28,
11:
8. CC. DECLARE RETIRING VEHICLES SURPL US FOR DONATION
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved and declared the vehicles surplus, for donation
to the Senior Resource Association for use in expanding
public and private transportation programs, as
recommended in the memorandum of October 28, 2008.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
A. JEFFREY K BARTON. INDIAN RIVER COUNTY CLERK OF
CIRCUIT COURT
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR
2007-2008
Clerk of the Circuit Court Jeffrey K. Barton informed the Board that the
Clerk's Office was returning to the County $150,000.00 in unexpended funds, the same amount
returned to the State.
November 4, 2008 21
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Financial Report of the Indian River County Clerk of
the Circuit Court for the fiscal year 2007-2008 as
submitted under cover of letter dated October 30, 2008.
B. CHARLES W. SEMBLER, INDIANRIVER COUNTY TAX COLLECTOR
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR
2007-2008
Jeff Smith, Assistant Tax Collector, on behalf of Tax Collector Charles
Sembler, presented their Financial Statement and informed the Board that his Office was
returning almost $3.6 million, which was $338,000 more than they had projected. He thereafter
introduced Tax Collector elect Carole Jean Jordan.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously accepted
the Financial Report of the Indian River County Tax
Collector for the fiscal year 2007-2008 as submitted
under cover of letter dated October 28, 2008.
C. DAVID C. NOLTE, INDIANRIVER COUNTYPROPERTYAPPRAISER
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR
2007-2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
November 4, 2008 22
the Financial Report of the Indian River County Property
Appraiser for the fiscal year 2007-2008 as submitted
under cover of letter dated October 28, 2008.
A KAY CLEH, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR
2007-2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
the Financial Report of the Indian River County
Supervisor of Elections for the fiscal year 2007-2008 as
submitted under cover of letter dated October 30, 2008.
E. ROYRAYMOND. INDIANRIVER COUNTYSHERIFF
I. CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL
YEAR 2007-2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Financial Report of the Indian River County Sheriff's
Office for the fiscal year 2007-2008 as submitted under
cover of letter dated October 30, 2008.
November 4, 2008 23
2. FY 2008 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM
(SCAAP) AWARD
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously
approved that $157,349.00 be amended into Corrections
Operating Expenses to pay the consulting firm and to
augment funds needed for inmate medical, as requested in
the letter dated October 23, 2008.
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. COUNTY INITIATED REOUEST TO AMEND THE
CAPITAL IMPROVEMENTS ELEMENT OF THE
COMPREHENSIVE PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating recapped the backup
memorandum dated October 27, 2008 and provided background and analysis on the request to
amend the Capital Improvements Element of the Comprehensive Plan. He thereafter presented
staff's recommendation for approval of the required text amendment to the Plan by adoption of
the proposed ordinance.
November 4, 2008 24
Director Keating responded to questions from the Board regarding continued
expenditure on State Road 60, gas prices and gas tax. He continued his presentation proposing
that a portion of the 66th Avenue project be removed, and concluded with a summary of staff's
proposals and recommendations.
Commissioner O'Bryan expressed concerns about 66th Avenue and existing right-
of-way issues, and felt they needed to complete that section on 66th Avenue or continue with the
right-of-way to give residents some closure, to which Commissioners Wheeler, Davis, and
Flescher agreed.
The Chairman opened the Public Hearing.
Ruth Stanbridge, 4835 66th Avenue, had various concerns about the proposed
amendment, in particular the segment on 66th Avenue slated for removal. She questioned
Attorney Collins, seeking to know the procedure if this amendment is approved to go forward,
and whether language in the proposal (page 392) was in conflict with Resolution 2008-139. Ms.
Stanbridge urged fairness to all and hoped the Board would consider some of the alternatives.
Everette Brown, 43rd Avenue, opposed the amendment; questioned the intent for
the 8th to 12th Street segment which was left blank on the map displayed by staff; and argued the
County's sudden lack of need for use of his construction easement.
Adriene Cuffe, 695 43rd Avenue, had hoped 43rd would be taken off the next 5 -
year Plan. She also hoped the Board would consider Mrs. Stanbridge's comments, delay their
vote, and review staff's analysis/report to ensure that they reflect continuity.
November 4, 2008 25
Mickey Barkett, Esquire, representing Mark's Mobil, directed specific questions
to Director Keating regarding the completion and authenticity of the proposed document being
submitted to the State Department of Community Affairs. She also questioned whether the
proposed document was prepared in accordance with State Statute, to which Director Keating
assured her that the document in its entirety was, to the best of his knowledge, true and accurate,
and was prepared consistent with Florida Statutes Chapter 163.
The Chairman called a Break at 11:01a.m., and reconvened the meeting at 11: 22
a.m. with all members present.
Leo Cahill, 1195 43rd Avenue, hoped the project would be delayed and the Board
use the time to review some of the design features that are in question. He saw the need for a
clear definition of private property and right to privacy.
Joseph Paladin, President, Black Swan Consulting, asked if any of the items
being eliminated were figured into the concurrency projects that have been approved, and
Director Keating replied that we have looked at existing counts plus vested and there was
available capacity. Director Keating responded to further questions from Mr. Paladin regarding
the amount of trips that would be coming back online; whether 53rd Street was going to be part of
the negotiations with Divosta for Waterway Village; and if, on the roads projects being
completed, they were running in or over costs using more or less impact fees.
Bob Johnson, Coral Wind Subdivision, asked that this item be tabled to another
meeting and that copies of the amendment be handed out to interested parties.
Charlene Brown, 5145 66th Avenue, spoke of the impact to residents on 66th
Avenue and saw Resolution 2008-139 as a commitment to residents. She felt that to terminate
November 4, 2008 26
right-of-way acquisition in mid -stream would be a breach of the Resolution. She hoped the
Board would delay the process.
There were no other speakers and the Chairman closed the Public Hearing.
After further lengthy and detailed discussions by Commissioners and staff,
expressions of concern, opposition, and suggestions from County residents to delay the process,
the Board decided as follows:
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Flescher, the Board
unanimously approved to table this item to a time
certain, the November 18, 2008 Board of County
Commissioners' Meeting, to be brought back with the
66th Avenue segment that was proposed for removal
added back in the Plan.
10.B. PUBLIC DISCUSSION ITEMS
LREOUEST TO SPEAK FROM EVERETTE BROWN REGARDING 43"
AVENUE
Mr. Brown addressed the Board regarding the way the acquisition of his
temporary construction easement along 43rd Avenue was being handled by County staff. He
accused County staff of harassment and negligence in handling area residents, and reasserted his
objection to the project being so close to his home.
November 4, 2008 27
Public Works Director Jim Davis explained the purpose of the Notice to Owner,
the basis of the need of the 10 -foot easement, and whether it was derived from the plans that
were designed. He confirmed that because of Mr. Brown's objection to use of his property, the
County decided to not pursue a construction easement from him and found other alternatives.
Administrator Baird offered that staff would meet with Mr. Brown to go over the
matter. Mr. Brown refused, saying he did not trust staff, but would meet only if his attorney
was present.
Commissioner Flescher asked Mr. Brown if he would agree to meet with
Commissioners and staff, including his own attorney. Mr. Brown was agreeable, but wanted
accountability, and asked that the Board appoint a committee to investigate the problem.
Mr. Cayhill expressed his unhappiness with the Boulevard designs for 43rd
Avenue, which he felt amounted to intrusion on his property and privacy. He asked if it was a
legal requirement for the Boulevard design.
10.C. PUBLIC NOTICE ITEMS
I. NOTICE OF SCHEDULED PUBLIC HEARING NOVEMBER I8. ZOOS:
LARS HAKANSSON AND ROBIN DAVIS' REQUEST FOR
ABANDONMENT OF A PORTION OF 48TH AVENUE LYING BETWEEN
85TH PLACE AND 80TH STREET IN WABASSO (ADMINISTRATIVE)
The Chairman read the Notice into the record.
November 4, 2008 28
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
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
12.11. RECREATION — NONE
November 4, 2008 29
12.I. PUBLIC WORKS
1. GRADING 8 71H STREET WEST OF CR 512 IN FELLSMERE
Tim Scannell presented his request, on behalf of area residents, for County
maintenance of 87th Street, west of CR 512 in Fellsmere, and suggested that costs be distributed
among the owners of the property.
Public Works Director Jim Davis through a PowerPoint Presentation provided
background on the grading of 87th Street west of CR 512 in Fellsmere.
may pursue.
Attorney Collins provided legal opinion on the rights of residents and options they
The Board discussed how the problem could be resolved, while Mr. Scannell
talked about the concept of who has the right to maintain the subject road, with Commissioner
Wheeler explaining why he thought the request for County maintenance was not feasible.
The Chairman called a break at 1:38 p.m. and reconvened the Meeting at 1:59
p.m. with all members present.
Attorney Collins reminded the Board of discussions prior to the break, concerning
obtaining a One Hundred percent (100%) consent of the assignment of an easement from all
seventeen (17) landowners. Attorney Collins offered to contact the relevant party to get an
easement document assigned which would enable us to pass the legal hurdle of having an
ownership interest; then public funds could be expended either through a special assessment
project or an MSBU.
November 4, 2008 30
Vice Chairman Davis desired to have County engineers come up with some
appropriate fees for the maintenance of the roads and go from there.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved to
have County engineers come up with some appropriate fees
for the maintenance of the roads and proceed from there.
12.J. UTILITIES SERVICES
1. CHANGE ORDER NO. 5 TO IRC CONTRACT 2006012 WITHPOOLE
AND KENT COMPANY OF FLORIDA. INC.. FOR THE EXPANSION OF
THE NORTHRO WATER TREATMENT PLANT
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously:
(1) approved Change Order No. 5 to IRC Contract
2006012 with Poole and Kent Company of Florida, Inc.,
to increase the contract in the amount of $72,458.00; (2)
authorized staff to reimburse CDM in the amount of
$8,538.00 for pump witnessing being deducted from the
contract; and (3) authorized the Chairman to execute
same, as recommended in the memorandum of October
21, 2008.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
November 4, 2008 31
13. COUNTY ATTORNEY
A. REQUEST FOR LEASE EXTENSION BY DONALD AND JOANNE
STASZEWSKI D/B/A WINGS OF .TOY CHRISTIAN BOOK STORE
Deputy County Attorney William DeBraal recapped the backup memorandum
dated October 27, 2008 and updated the Board on the request for an extension of the lease by
Donald and Joanne Staszewski d/b/a/ Wings of Joy Christian Book Store. Said property, located
at 1940 58th Avenue, was leased back to the Staszewski's after the Board agreed to purchase it
on April 8, 2008. He thereafter presented staff's recommendation that the Board either approve
the request and extend the Lease or deny the request for an extension to February 1, 2009.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to extend the
lease for an additional twelve (12) months, at the
current rate of $1.00 per month.
Under discussion, Vice Chairman Davis felt it would be wise to have language in
the Lease Agreement that specified should the County need to take possession of the property
sooner, they have the power to exercise early termination.
Attorney DeBraal said such a provision could be added in the Lease, that we
would provide some type of Notice to have them vacate the premises.
MOTION WAS AMENDED by Commissioner
O'Bryan, SECONDED by Commissioner Wheeler, to
extend the lease for an additional twelve (12) months,
at the current rate of $1.00 per month, subject to early
November 4, 2008 32
termination if required by County, and upon the
issuance of written Notice.
There were no further discussions.
The Chairman CALLED THE QUESTION and the
Board unanimously approved to extend the lease for an
additional twelve (12) months, at the current rate of
$1.00 per month, subject to early termination if
required by County, and upon the issuance of written
Notice.
B.B. RESOLUTION OF NECESSITY FOR OSLO ROAD/Z %'HH A VENUE
Deputy County Attorney William DeBraal introduced Eminent Domain Counsel,
Mary Dorman, Dorman and Gutman, who are representing the County on the Cumberland Farms
take.
Mary Dorman, Esquire, explained the intent of the proposed resolution, which
approves the preferred alignment as stated in Kimley-Horn's 27th Avenue route study from 17th
Street southwest to 5th Street southwest; approves the preferred pond site in Kimley-Horn's Pond
Siting Report; and deals with the acquisition by eminent domain of that certain property located
in the northeast corner of Oslo Road and 27th Avenue.
Ms. Dorman noted that there were three legal descriptions added to the Agenda
packet and it appeared to her that some of them may have been cropped, and two of the three
needed to be replaced. She handed to the Deputy Clerk revised replacements for the incomplete
November 4, 2008 33
Legal Descriptions on file. She provided further detailed information on the process of eminent
domain and responded to questions from the Board pertinent to the matter.
Commissioner O'Bryan asked Engineer Brian Good if, on his Report, there were
any other alternate property near the intersection that Cumberland Farms could utilize.
Brian Good, P.E., Kimley-Horn & Associates, was not aware of any property in
close proximity that the County owns title to, but believed there was a parcel immediately to the
north, which would serve as the new corner for the intersection of Oslo Road and 27th Avenue,
and that may or may not be a desirable location for the owners of Cumberland Farms.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Alternative 1, Resolution 2008-172 approving the preferred
alignment for improvements to 27th Avenue (C.R. 607)
between 17th Street SW and 5th Street SW; approving the
preferred pond site for the future improvements to 27th
Avenue (C.R. 607) in the area of the intersection with Oslo
Road (C.R. 606); determining the necessity of acquiring
certain real property for improvements to Oslo Road (C.R.
606), and for improvements to 27th Avenue (C.R. 607); and
authorizing the County Attorney to acquire property by
purchase or eminent domain.
November 4, 2008 34
13.0 PURCHASE AND LEASE AGREEMENTS FOR MARK'S MOBIL
FOR THE STATE ROAD 60/43 AVENUE INTERSECTION
IMPROVEMENT
Deputy County Attorney William DeBraal reminded the Board of prior actions on
this matter, including the unanimous approval by the Board on September 16, 2008, to enter into
Purchase and Lease Agreements for Mark's Mobil to facilitate the State Road 60/43 rd Avenue
intersection improvements. He thereafter recommended approval of the Purchase Agreement
with Marks Mobil and authorization for execution of said Agreement.
Commissioner O'Bryan expressed concern regarding possible contamination of
the site, and who would be responsible for the clean-up. He saw the need for assignment of
responsibility, and asked that such provisions be incorporated in the Contract prior to closing,
making it clear where liability rests.
Attorney DeBraal responding to Commissioner O'Bryan's concerns, said the
Department of Environment Protection (DEP) would consider this a low risk site because there
was no need for potable water from the site. He disclosed that the site has qualified for
remediation help from the State, and if it is required, we would have to apply for it. He felt safe
that there were two sources (Mark's Mobil and the State) of funds available if clean-up becomes
necessary and would not recommend that money be held in escrow for possible clean-up.
Commissioner O'Bryan reiterated the need for a site assessment and assignment
of responsibility for cleaning up the site, prior to closing on the agreement.
Mickey Barkett, Esquire, Barkett Law Firm, 201 East Pine Street, Orlando,
understood from Mr. Vogt of the Health Department that there was very little risk to the County
to pay for contamination for a number of reasons, on which she did not elaborate. She reminded
November 4, 2008 35
the Board of the terms of the offer by the Halls, approved by the Board on September 16, 2008,
which terms were definite and in writing. She argued that for the Board to attempt to change the
terms of the contract at this stage would be an attempt to change the contract. She offered that in
the interest of compromise they would be willing to discuss potential escrow. She described the
forms of prevention and analyses that has been done on the site to measure the levels of
contamination.
While Attorney Barkett and Commissioner O'Bryan argued the terms of the
contract and whether $400,000 should be set aside in escrow for clean-up of contamination,
Attorney Collins explained what such action would mean, and would not recommend that
inclusion, because it would mean a substantive change to the contract agreed upon prior.
Charles Vogt, Environmental Specialist III, IRC Department of Health, answered
questions regarding the extent of liability for site clean-up of Mark's Mobil; whether the County
should escrow funds for the clean-up; and explained why it would not be necessary to attribute
costs to Mark's Mobil for future cleanup of the site. He pointed out that currently Mark's
Mobil has Federal and State required liability insurance to cover any discharge that may occur on
the property. As far as escrowing, there should not be any outline cost to the county for clean-up
because everything is already covered under one insurance or another.
Mr. Vogt, in response to who would be responsible for clean-up if contamination
is detected, stated that it would be the Early Detection Center Program (the State) for where old
discharges exist., and if there is a new discharge present that is not known at this point, it would
be covered under the Mark's Mobil's insurance. He responded to further questions from
Commissioners and provided further details on the subject site.
Commissioner Flescher expressed comfort with, and acceptance of, Legal
Counsels' opinions regarding non -liability to the County.
November 4, 2008 36
Ms. Barkett expressed great consternation because of a seeming delay in the
closing hours of the contract, and alluded to the possibility of "bad faith negotiations under
Chapter 3." She requested that the Board approve the Lease as submitted by staff.
MOTION WAS MADE by Commissioner
Wheeler, SECONDED by Vice Chairman
Davis, to approve staff's recommendation.
Commissioner Wheeler brought clarity to a newspaper article of Sunday,
November 2, 2008, which compared the subject property to the $930,000 the County paid for
Lennie's Bar, and which alleged that two commissioners have had more than a passing interest in
Mark's Mobil because of the amount of money spent for services there. Commissioner Wheeler
clarified that for the last four years, he spent $272.80 for oil changes, and wanted it made clear,
before he voted on this item, that he has no connection to Mark's Mobil.
Attorney Collins was comfortable with the Agreement as presented.
The Chairman CALLED THE QUESTION and by a 4-
1 vote (Commissioner O'Bryan opposed) the Board
approved the Purchase and Lease Agreements for
Mark's Mobil and authorized the Chairman to execute
said documents, as recommended in the memorandum
of October 29, 2008.
AGREEMENT/LEASE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
November 4, 2008 37
13.D. LICENSE AGREEMENT WITH GLOBAL TOWER ASSETS. LLC
AND CONSTRUCTION OF NEW TOWER
Deputy County Attorney DeBraal recapped the backup memorandum of
October 27, 2008 and apprised the Board of the condition of the communications tower in
Hobart Park, which was damaged in the hurricanes of 2004, thus warranting construction of a
new tower. He presented for consideration and approval Global Tower Assets, LLC's offer to
build a new tower, in addition to assuming other responsibilities, as listed at page 557 of the
backup.
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner Flescher, the Board
unanimously approved the License Agreement with
Global Tower Assets, LLC, and authorized the
Chairman to sign any related lease assignments
between the County and FPL and the FAA, as
recommended in the memorandum of October 27,
2008.
AGREEMENT/MOL ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONERS ITEMS
A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -
NONE
November 4, 2008 38
B. COMMISSIONER WESLEY S. DAVIS, VICE
CHAIRMAN - fir,
1. MATTERS FOR ADVERTISING CHAPTER 911, MINING
ORDINANCE.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Wheeler, to advertise
Chapter 911 as a special exception and the Board
would have the discretion of deciding which way to
go.
Chairman Bowden asked Vice Chairman Davis if he had changed his mind, and
he said he had not; his position has not changed; he saw the point that Ms. Smith brought to his
attention and that was why he was doing it.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
C. COMMISSIONER JOSEPH E. FLESCHER - NONE
November 4, 2008 39
D. COMMISSIONER PETER D. O'BRYAN
LREOUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO
SUBMIT THE FINAL APPLICATION TO THE FLORIDA GREEN
BUILDING COALITION
(Clerk's Note: This item was moved and became Item S.E. See
discussions and decision at Item S.E., above.)
E. COMMISSIONER GARY C. WHEELER - 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 Emergency
Services District Board Meeting, the Board would reconvene as the Board of Commissioners of
the Solid Waste Disposal District. Those Minutes are being prepared separately and are
appended to this document
1 S.B.I. APPROVAL OF MINUTES, REGULAR MEETING OF
SEPTEMBER 16, 2008
15.B.2. RETENTION OF SPECIALIZED OUTSIDE COUNSEL BY SWDD
November 4, 2008 40
M
M
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.
A ADJOURNMENT
There being no further business, the Chairman declared the Meeting
adjourned at 3:05 p.m.
ATTEST:
Jeffrey K. Barton, Clerk WesfeyTD is, Vice Chairman
For: Sandra L. Bowden, Chairman
Minutes Approved:
DEC 16 2008
BCC/AA/2008 Minutes
November 4, 2008 41
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