HomeMy WebLinkAbout10/03/2006 (2)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 3, 2006
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
5.A. Presentation of Proclamation Honoring Patricia M. Ridgely on Her Retirement
Effective October 2, 2006 ...........................................................................................2
5.B. Presentation of Proclamation Designating October 8-14, 2006 as Indian River County
Fire Prevention Week ................................................................................................3
5.C. Presentation of Proclamation Designating Tuesday, October 20, 2006, as Put the
Brakes on Fatalities Day ............................................................................................3
5.D. Presentation of Annual Report on Pointe West by Chuck Mechling, President, Pointe
West, Inc. ...................................................................................................................3
6. APPROVAL OF MINUTES...............................................................................................4
6.A. August 22, 2006 – Regular Meeting ...........................................................................4
6.B. September 5, 2006 – Regular Meeting ........................................................................4
October 3, 2006
1
6.C. September 6, 2006 – Preliminary Budget Hearing FY 2006-2007 ..............................5
7. CONSENT AGENDA ........................................................................................................5
7.A. Report Placed on File in the Office of Clerk to the Board: .........................................5
7.B Approval of Warrants – September 8-14, 2006 ...........................................................5
7.C. Approval of Warrants – September 15-21, 2006 .........................................................6
7.D. Election of Planning & Zoning Commission (P&Z) Vice Chairman ...........................6
st
7.E. Out of County Travel for Commissioners to Attend the 21 Annual Governor’s
Hurricane Conference – May 14-18, 2007 – Fort Lauderdale ....................................6
7.F. Out of County Travel for Commissioners to Attend the Governor’s Points of Light
Awards Reception ......................................................................................................7
7.G. Out of County Travel for the County Administrator ....................................................7
7.H. Extension of Tax Roll Prior to Completion of Value Adjustment Board Hearings .......8
7.I. Bid Award of IRC Bid # 2007/008 – Annual Bid for Asphalt Paving and Resurfacing –
Public Works Department / Road and Bridge Division ...............................................8
7.J. Children’s Services Advisory Committee Contract for Agency Funding ................... 10
7.K. Approval of Amendment No. 1 to FDEP Agreement No. G0182 for the Indian River
County Main Relief Canal Pollution Control Structure ............................................ 10
7.L. Approval of Final Invoice and Final Release of Retainage for Hydromentia Inc.’s Work
Order No. 1 for Final Design of Egret Marsh Regional Stormwater Park ................ 11
7.M. IRC Bid # 2007011 Annual Bid for Sod, Public Works Department / Road and Bridge
Division ................................................................................................................... 11
th
7.N. Grant of Easement to Florida Power & Light along 12 Street East of Kings Highway
12
October 3, 2006
2
7.O. Release of Retainage, Applied Technology and Management, Inc. Contract
Amendment #12 ....................................................................................................... 12
7.P. Final Payment – Addendum No. 9 (Masteller & Moler, Inc.) Professional Engineering
Services Agreement, CR 512 Corridor Improvements – IRC Project No. 9611 ......... 13
th
7.Q. Maintenance Map Approvals/Recording 8 Court, South of Oslo Road ................... 14
th
7.R. Maintenance Map Approvals/Recording 67 Place, Between Old Dixie Hwy and US 1
.......................................................................................................................... 14
7.S. Approval of Bid Award for IRC Bid # 2006096 Compact Excavator, Utilities
Department / Water Distribution Division ................................................................ 14
7.T. Approval of Bid Award for IRC Bid # 2007010 Annual Bid for Aluminum Sulfate,
Utilities Department / Wastewater Treatment Division............................................. 15
7.U. Approval of Bid Award for IRC Bid # 2006093 Annual Bid for Cleaning Services of the
Utility Operation Center Utilities Department ......................................................... 16
7.V. Mizner Grande at Vero Beach II L.L.C.’s Request for Final Plat Approval for a
Subdivision to be Known as Eagle Trace Phase II .................................................... 17
7.W. Approval of Renewal for a Class “A” Certificate of Public Convenience and Necessity
for Indian River County Department of Emergency Services .................................... 17
7.X. Property Acquisition – Tax Roll Removal and Tax Cancellation (8) ......................... 18
7.Y. Request for Final Payment from the Department of Environmental Protection (DEP)
Indian River County Vertical (NAVD88) Control Densification Project ................... 21
th
7.Z. Right-of-Way Acquisition (2) Parcels, Gene R. and Rosemary B. Gagliardi, 66
Avenue South of State Rd. 60.................................................................................... 22
7.AA.Approval of Professional Service Agreements for Annual G eotechnical Services
Contract, 2006-2007 – IRC Project No. 0534........................................................... 22
October 3, 2006
3
7.BB.Approval of Professional Service Agreements for Annual Civil Engineering Services
Contract, On An On-Going Basis ............................................................................. 23
7.CC. Consideration of Renewal of Agreement for Mass Transit Services Provision
Between Indian River County and the Indian River County Council on Aging, Inc. .. 24
7.DD. Literacy/Computer Literacy Lab Program Grant Agreement .............................. 24
7.EE. The Squire Subdivision Water Assessment Project Approval of Final Payment to
Contractor and Release of Retainage ....................................................................... 25
7.FF. SunTrust Bank Roseland Water Service Installation, Approval of Change Order No. 1
and Final Payment to Contractor ............................................................................. 25
7.GG. Professional Bridge Design Service Agreement, Work Order No. 1 with Bridge
th
Design Associates, Inc., IRC Project No. 0530-B 13 Street SW Bridge Design; Work
th
Order No. 2 with Bridge Design Associates, Inc., IRC Project No. 03107-B 8 Street
Bridge Design; Work Order No. 3 with Bridge Design Associates, Inc., IRC Project
th
No. 0611-B 56 Place Bridge Design ....................................................................... 25
7.HH. Approval of Bid Award for IRC Bid # 2006100 Ground Penetrating Radar Utility
Locator – Utilities Department / Water Distribution Division .................................. 26
7.II. Approval of Bid Award for IRC Bid # 2006101 Aluminum Sulfate Chemical Feed
System, Utilities Department/ Wastewater Treatment Division ................................. 27
7.JJ. Work Order 1 for Right of Way Acquisition Services, American Acquisition Group,
LLC, Request for Release of Retainage .................................................................... 27
7.KK. Approval of Bid Award for IRC Bid #2007007 Mowing at Two Water Treatment
Plants, Utilities Department / Water Treatment Division.......................................... 28
7. LL. Post Hurricanes Frances & Jeanne Emergency Dune Restoration – John’s Island
Segment, Final Payment and Full Release of Retainage, Ranger Construction
Industries, Inc. ......................................................................................................... 29
October 3, 2006
4
7.MM. Final Payment – Work Order No. 6, Carter Associates, Inc. and Addendum to Work
Order No. 6 For: IRC Hobart Park Maintenance Complex Project Professional
Surveying and Mapping Services to Support Design Needs, Project No. 0623 .......... 29
7.NN. Citrus Springs Subdivision Developer’s Agreement for Construction of Off-Site
Master Planned Water and Sanitary Sewer Force Main, Approval of Release of
Retainage and Final Payment to Contractor ............................................................ 30
7.OO. Rexford Builders, Inc. Developer’s Agreement for Construction of Off-Site Water
Main, Approval of Release of Retainage and Final Payment to Contractor .............. 30
7.PP. Hardee’s Addition to Sebastian – 8 Inch Water Main Extension – Amendment to
Developer’s Agreement and Reimbursement to William Welsh ................................. 31
7.QQ. Consulting Services Work Order No. 5 Amendment No. 1 with Post, Buckley,
Schuh, and Jernigan for Permitting, Design and Construction Services for the West
Regional Wastewater Treatment Plant Expansion UCP-2621 .................................. 31
7.RR.Florida Department of Law Enforcement FY 2006/2007 Edward Byrne Memorial
Justice Assistance Grant (JAG) Program ................................................................. 32
7.SS. Resolution Delegating to the County Administrator or Designee the Authority to
Execute Standard Contracts for Construction for Final Lift of Asphalt and
Accompanying Cash Deposit and Escrow Agreements ............................................. 32
7.TT. CR 512, Phase III, CR 510 – Project #9611 & 0001 Agreement for the Escrow of Costs
for Change Order #4................................................................................................ 33
7.UU. South County Reverse Osmosis Water Treatment Plant, Professional Services by
Kimley-Horn & Associates, Inc. (KHA) for Upgrades and Modifications to Restore
Capacity – Work Order No. 14................................................................................. 33
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES ...................... 34
October 3, 2006
5
A. Roy Raymond, Indian River County Sheriff - Forfeiture Trust Fund (National Child ID
Program) ................................................................................................................. 34
9. PUBLIC ITEMS ............................................................................................................... 35
9.A. PUBLIC HEARINGS ............................................................................................... 35
9.A.1. INDIAN RIVER DRIVE NORTH – PETITION WATER, INDIAN RIVER
COUNTY PROJECT NO. UCP-2632, RESOLUTION III – PUBLIC HEARING
35
B. PUBLIC DISCUSSION ITEMS ................................................................................ 41
1. Request to Speak from Fred Mensing Regarding Reverse Contract to do Minor
Road Maintenance and Request for Quit Claim Deed ......................................... 41
2. Request to Speak from Dian S. George Regarding School Board Question
th
Originating from September 19 Meeting .......................................................... 45
3. Request to Speak from Adrienne Cuffe Regarding Road Widening Projects ....... 46
3. Request to Speak from Mark A. Brackett Regarding 30 Day Extension to the
Construction Contract for the Stoney Brook Farm Subdivision........................... 46
C. PUBLIC NOTICE ITEMS - NONE ........................................................................... 49
10. COUNTY ADMINISTRATORS MATTERS - NONE ..................................................... 49
11. DEPARTMENTAL MATTERS ....................................................................................... 49
A. Community Development ......................................................................................... 49
1. Consideration of Advanced Construction Agreement for SR 60 ......................... 49
2. Consideration of Impact Fee Update Consultant Selection Committee
Recommendation and Request for Authorization for the Board Chairman to Sign
the Impact Fee Update Consultant Services Contract .......................................... 56
B. Emergency Services - None ...................................................................................... 57
October 3, 2006
6
C. General Services - None .......................................................................................... 57
D. Human Resources - None ......................................................................................... 57
E. Human Services - None ............................................................................................ 57
F. Leisure Services - None............................................................................................ 57
G. Office of Management and Budget - None ................................................................ 57
H. Recreation - None .................................................................................................... 57
I. Public Works ........................................................................................................... 57
1. Heron Cay Drainage........................................................................................... 57
11.I.2. Florida Department of Transportation, Joint Participation Agreement
Amendment No. Two to FDOT Agreements, Contract Nos. ANW-75 (Hurricane
Frances) and ANX-78 (Hurricane Jeanne) .......................................................... 61
11.I.3. Professional Engineering Services Agreement, CR 512 Corridor
Improvements – IRC Project No. 9611 Addendum No. 12 (Masteller & Moler,
Inc.) 61
11.I.4. Amendment No. 4 to the Professional Services Agreement with Carter
thth
Associates, Inc. for Roadway Improvements, 66 Avenue from 4 Street to SR 60
– IRC Project No. 9810 ...................................................................................... 62
11.I.5. CR 512 Phase III, CR 510 – Project #9611 & 0001, Bid Number 2006065,
Change Order #5 ................................................................................................ 62
11.I.6. Amendment No. 1 to the Professional Civil Engineering Services Agreement
for Civil Engineering and Bridge Design Services with Bridge Design Associates,
Inc. RFQ 7058 ................................................................................................... 63
11.I.7. Addendum No. 2 Work Order No. 6 (Engineering/Survey) Kings Highway
st
Extension, South, Phase 1. Oslo Road through 21 St. SW, Topographic/Design
Survey ............................................................................................................... 64
October 3, 2006
7
11.I.8. Amendment No. 3 to the Civil Engineering and Land Surveying Agreement
th
for Intersection Improvements at 58 Avenue and SR 60 Thoroughfare Network
Analysis and Traffic Modeling Study ................................................................. 64
thth
9. Property Acquisition, 7135 66 Avenue – 66 Avenue Widening and
Improvements County Project No. 0417, Justo Manuel Hernandez & Blanca Lleo
Hernandez, Seller ............................................................................................... 65
11.J. Utilities Services - None ........................................................................................... 66
12. COUNTY ATTORNEY ................................................................................................... 66
A. Request from Adrian Real Estate Investments II, LLC for Modification to Note and
Mortgage for Infrastructure for the Indian River Park of Commerce ........................ 66
13. COMMISSIONERS ITEMS ............................................................................................. 69
A. Commissioner Arthur R. Neuberger, Chairman........................................................ 69
1. Request for a Resolution Supporting a Special Session to Study and Enact
Legislation to Address the Current Insurance Crisis in Florida ........................... 69
B. Commissioner Gary C. Wheeler, Vice Chairman - None .......................................... 69
C. Commissioner Sandra L. Bowden - None ................................................................. 69
D. Commissioner Wesley S. Davis - None ..................................................................... 70
E. Commissioner Thomas S. Lowther - None ................................................................ 70
14. SPECIAL DISTRICTS AND BOARDS ........................................................................... 70
A. Emergency Services District – None ........................................................................ 70
B. Solid Waste Disposal District - None ....................................................................... 70
C. Environmental Control Board - None ...................................................................... 71
October 3, 2006
8
15. ADJOURNMENT ............................................................................................................ 71
October 3, 2006
9
October 3, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular Session at
th
the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, October 3, 2006,
at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice Chairman Gary C. Wheeler, and
Commissioners Sandra L. Bowden, Wesley S. Davis and Thomas S. Lowther. Also present were County
Administrator Joseph Baird, County Attorney William G. Collins II, Executive Aide to the Board
Kimberly Massung, and Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order at 9:00 a.m.
2. INVOCATION
Father Tri Tang Pham, St. Helen Catholic Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney William G. Collins, II led the Pledge of Allegiance to the Flag.
October 3, 2006
1
4. ADDITIONS/DELETIONS TO THE AGENDA/
EMERGENCY ITEMS
Chairman Neuberger requested the following changes to today’s Agenda:
1.Deletion – Item 9.B.2 at the request of Dian George
2.Deletion – Item 9.B.3 at the Request of Adrienne Cuffe
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously made the above
changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PPHPM.
RESENTATION OF ROCLAMATION ONORING ATRICIA
RHREO2,2006
IDGELY ON ER ETIREMENT FFECTIVE CTOBER
The Chairman read and presented the Proclamation to Patricia Ridgely acknowledging her years
of service to the Board of County Commissioners and extended well wishes to her.
Ms. Patricia Ridgely
said it was a great pleasure for her to be a part of this \[County\] family and
the Clerk of the Court family.
October 3, 2006
2
5.B. PPDO8-14,
RESENTATION OF ROCLAMATION ESIGNATING CTOBER
2006IRCFPW
AS NDIAN IVER OUNTY IRE REVENTION EEK
Chairman Neuberger read the Proclamation and presented it to Brian Nolan of the Indian River
County Fire Rescue Division.
Brian Nolan,
on behalf of EMS Director John King, Paramedics, Firefighters, and support
personnel, thanked the Board for the Proclamation. He presented brief statistics on fire safety among
children.
5.C. PPDT,
RESENTATION OF ROCLAMATION ESIGNATING UESDAY
O20,2006,PBFD
CTOBER AS UT THE RAKES ON ATALITIES AY
Commissioner Lowther read the Proclamation and presented it to Sheriff Roy Raymond of the
Indian River County Sheriff’s Department.
Sheriff Raymond
, on behalf of all law enforcement agencies in Indian River County, thanked
the Board for the Proclamation. He noted that fatalities in the County were down this year and he
expected further reduction.
5.D. PARPWC
RESENTATION OF NNUAL EPORT ON OINTE EST BY HUCK
M,P,PW,I.
ECHLING RESIDENT OINTE EST NC
Chuck Mechling,
President of Pointe West, Inc., presented the Pointe West Annual Report,
providing an update of the development that has taken place in Pointe West over the last year. The
October 3, 2006
3
community has participated in various community events and has been the recipient of numerous
prestigious local awards including Reader’s Choice Platinum Award and the Best Real Estate
Development Award presented by the Press Journal (pictures displayed via slide show \[copy on file in the
office of the Clerk to the Board\]), among others. He concluded his report inviting questions from the
Board.
6. APPROVAL OF MINUTES
6.A. A22,2006–RM
UGUST EGULAR EETING
The Chairman asked if there were any corrections or additions to the Minutes. There were
none.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of August 22, 2006, as written
and distributed.
6.B. S5,2006–RM
EPTEMBER EGULAR EETING
The Chairman asked if there were any corrections or additions to the Minutes. There were
none.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of September 5, 2006, as written
and distributed.
October 3, 2006
4
6.C. S6,2006–PBHFY
EPTEMBER RELIMINARY UDGET EARING
2006-2007
The Chairman asked if there were any corrections or additions to the Minutes. There were
none.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Preliminary Budget Hearing FY 2006-2007 of
September 6, 2006, as written and distributed.
7. CONSENT AGENDA
Commissioner Davis asked to pull, for discussion, Items 7.I and 7.P
Commission Bowden asked to pull, for discussion, Items 7.U and 7.BB
Commissioner Wheeler asked to pull, for discussion, Item 7.KK
7.A. RPFOC
EPORT LACED ON ILE IN THE FFICE OF LERK TO THE
B:
OARD
1. Vero Lakes Water Control District – Notification of Registered Agent
7.B AW–S8-14,2006
PPROVAL OF ARRANTS EPTEMBER
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the list of
October 3, 2006
5
Warrants as issued by the Clerk to the Board for September 8-14,
2006, as requested in the memorandum of September 14, 2006.
7.C. AW–S15-21,2006
PPROVAL OF ARRANTS EPTEMBER
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the list of
Warrants as issued by the Clerk to the Board for September 15-21,
2006, as requested in the memorandum of September 21, 2006,
7.D. EP&ZC(P&Z)V
LECTION OF LANNING ONING OMMISSION ICE
C
HAIRMAN
The Board noted the election of George Hamner as Vice Chairman of the Planning & Zoning
Commission for the remainder of the year 2006, completing the term vacated by Bob Bruce who resigned
on August 22, 2006.
7.E. OCTCA
UT OF OUNTY RAVEL FOR OMMISSIONERS TO TTEND THE
21AG’HC–M14-18,
ST
NNUAL OVERNORS URRICANE ONFERENCE AY
2007–FL
ORT AUDERDALE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized
st
out-of-county travel for Commissioners and staff to attend the 21
Annual Governor’s Hurricane Conference in Fort Lauderdale, FL
October 3, 2006
6
on May 14-18, 2007, as requested in the memorandum of
September 20, 2006.
7.F. OCTCA
UT OF OUNTY RAVEL FOR OMMISSIONERS TO TTEND THE
G’PLAR
OVERNORS OINTS OF IGHT WARDS ECEPTION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized
out-of-county travel for Commissioner Neuberger to attend a
reception to honor recipients of the Governor’s Points of Light
Awards in Tallahassee, on October 17, 2006, as requested in the
memorandum of September 27, 2006.
7.G. OCTCA
UT OF OUNTY RAVEL FOR THE OUNTY DMINISTRATOR
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved out of
county for the County Administrator to attend the Concurrency &
Infrastructure Solutions Seminar on October 26, 2006, in Orlando,
Florida. The Board also approved out-of-county travel for the
County Administrator to attend the Florida Government Finance
Officers Association School of Governmental Finance, November
15-17, 2006 in Palm Beach County, as requested in the
memorandum of September 21, 2006.
October 3, 2006
7
7.H. ETRPCV
XTENSION OF AX OLL RIOR TO OMPLETION OF ALUE
ABH
DJUSTMENT OARD EARINGS
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously extended the tax
roll prior to completion of Value Adjustment Board hearings, as
requested in the memorandum of September 19, 2006 from Tax
Collector Charles W. Sembler.
7.I. BAIRCB#2007/008–ABA
ID WARD OF ID NNUAL ID FOR SPHALT
PR–PWD/R
AVING AND ESURFACING UBLIC ORKS EPARTMENT OAD AND
BD
RIDGE IVISION
Commissioner Davis wanted to get a list of roads to be blacktopped in this fiscal year and asked
that the process be adjusted chronologically to alleviate conflicts in front of schools. He reported “some
bad ruts” in portions of Roseland Road and requested a projected timeframe to fix the road.
Public Works Director Jim Davis explained that the County does prepare a list of road
resurfacing projects, and the list is usually prepared in the spring and work would be completed by the
end of the fiscal year. He could have the list to Commissioner Davis in two weeks.
Administrator Baird explained that this was gas tax and not ad valorem taxes, in response to
Commissioner Davis’ question of where the dollars come from.
Commissioner Davis asked for sensitivity when work is being done in front of schools and
wanted to see Roseland Road repairs moved up, as it was dangerous especially when it rained.
October 3, 2006
8
Director Davis said there was a sizeable Grant from the Department of Transportation (DOT) for
Roseland Road and they have to spend that money by July so there are plans to repair Roseland Road
prior to July.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously awarded Bid #
2007008 as follows: (1) awarded Items #1 through 14 to
Dickerson Florida, Inc., as the lowest most responsive and
responsible bidder meeting the specifications as set forth in the
Invitation to Bid; (2) awarded Item # 15 (cost per ton for County
to pick up material at Contractor’s plant) to multiple vendors,
Dickerson Florida, Inc. and Community Asphalt Corporation. A
multiple award will allow the County Road and Bridge Division to
pick up the material at a plant closest to a job site. (3) Authorized
the Purchasing Division to issue blanket purchase orders or
individual job purchase orders, as needed, for the period of
October 1, 2006, through September 30, 2007 with the
recommended bidder; and (4) 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 the County; and (5) last year’s
expenditures totaled $1,672,414.00 and the projected
expenditures for 2007 are $1,800,000.00, all as recommended in
the memorandum of September 12, 2006.
October 3, 2006
9
7.J. C’SACC
HILDRENS ERVICES DVISORY OMMITTEE ONTRACT FOR
AF
GENCY UNDING
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the CSAC
Funding Contract for Funding Agencies for FY 2006-07 funding
year and authorized the Chairman to execute each of the contracts
as submitted, and as requested in the memorandum of September
14, 2006.
CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. AAN.1FDEPAN.
PPROVAL OF MENDMENT O TO GREEMENT O
G0182IRCMRC
FOR THE NDIAN IVER OUNTY AIN ELIEF ANAL
PCS
OLLUTION ONTROL TRUCTURE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Amendment No. 1 to the Florida Department of Environmental
Protection (FDEP) Agreement No.G0182 and authorized the
Chairman to execute the Amendment, with funding as specified
and as recommended in the memorandum of September 19, 2006.
AMENDMENT NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
October 3, 2006
10
7.L. AFIFR
PPROVAL OF INAL NVOICE AND INAL ELEASE OF
RHI.’WON.1F
ETAINAGE FOR YDROMENTIA NCS ORK RDER O FOR INAL
DEMRSP
ESIGN OF GRET ARSH EGIONAL TORMWATER ARK
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized payment
of Hydromentia’s final Invoice No. IRC 2006-4 (including release
of retainage) in the amount of $13,143.05, with funding as
specified, and as recommended in the memorandum of September
19, 2006.
7.M. IRCB#2007011ABS,PW
ID NNUAL ID FOR OD UBLIC ORKS
D/RBD
EPARTMENT OAD AND RIDGE IVISION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously (1) awarded the Bid
to Cabrera Landscape & Backhoe Services, Inc., as the lowest
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, 2006
through September 30, 2007 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
October 3, 2006
11
of Indian River County, as recommended in the memorandum of
September 18, 2006.
7.N. GEFP&L12
TH
RANT OF ASEMENT TO LORIDA OWER IGHT ALONG
SEKH
TREET AST OF INGS IGHWAY
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Alternative No. 1, granting the Easement to Florida Power and
Light and authorized the Chairman to execute same, as
recommended in the memorandum of September 21, 2006.
COPY OF EASEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.O. RR,AT
ELEASE OF ETAINAGE PPLIED ECHNOLOGY AND
M,I.CA#12
ANAGEMENT NC ONTRACT MENDMENT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved release of
retainage to Applied Technology and Management, Inc. in the
amount of $12,220.00 with funding as specified and as
recommended in the memorandum of September 20, 2006.
October 3, 2006
12
7.P. FP–AN.9(M&M,
INAL AYMENT DDENDUM O ASTELLER OLER
I.)PESA,CR512
NC ROFESSIONAL NGINEERING ERVICES GREEMENT
CI–IRCPN.9611
ORRIDOR MPROVEMENTS ROJECT O
Commissioner Davis got a call this morning regarding the CR 512 corridor
improvements and he wanted to know at what time he could tell residents of CR 512 that there would be
some type of berm or planting in place.
Director Jim Davis said that would probably be this time next year and there were plans to
put in wax myrtles or other plants to create a bushy effect that would not be so susceptible to hurricane
damage.
Commissioner Bowden thought they needed to get a list of trees, shrubs or bush that
flourish in our community. There was discussion on whether oak trees would be a good buffer or whether
a wall should be constructed.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved full and
final payment for Addendum No. 9 in the amount of $4,825.00 to
Masteller & Moler, Inc., as recommended in the memorandum of
September 13, 2006.
October 3, 2006
13
7.Q. MMA/R8C,S
TH
AINTENANCE AP PPROVALSECORDING OURT OUTH
OR
OF SLO OAD
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Maintenance Map and authorized the Chairman to execute same
and have it sent for recording, as recommended in the
memorandum of September 22, 2006.
7.R. MMA/R67P,
TH
AINTENANCE AP PPROVALSECORDING LACE
BODHUS1
ETWEEN LD IXIE WY AND
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Maintenance Map and authorized the Chairman to execute same
and have it sent for recording, as recommended in the
memorandum of September 22, 2006.
7.S. ABAIRCB#2006096C
PPROVAL OF ID WARD FOR ID OMPACT
E,UD/WD
XCAVATOR TILITIES EPARTMENT ATER ISTRIBUTION
D
IVISION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously awarded the Bid to
Smith Bros. Contracting Equipment, Inc., as the lowest most
October 3, 2006
14
responsive and responsible bidder meeting the specifications as
set forth in the Invitation to Bid, as recommended in the
memorandum of September 18, 2006. The lowest bidder did not
meet the minimum horsepower required on the specifications.
7.T. ABAIRCB#2007010AB
PPROVAL OF ID WARD FOR ID NNUAL ID
AS,UD/W
FOR LUMINUM ULFATE TILITIES EPARTMENT ASTEWATER
TD
REATMENT IVISION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously (1) awarded the Bid
to General Chemical Performance Products, 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, 2006
through September 30, 2007 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, 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 September 25, 2006.
October 3, 2006
15
7.U. ABAIRCB#2006093AB
PPROVAL OF ID WARD FOR ID NNUAL ID
CSUOC
FOR LEANING ERVICES OF THE TILITY PERATION ENTER
UD
TILITIES EPARTMENT
Commissioner Bowden noticed that the low bidder was not able to get insurance, the bottom
three Bids were very close, the third was a local firm, but could not tell if the one that was chosen was a
foreign company or operating out of Boca Raton. She asked if there was a reason the County could not
use the Vero Beach Company.
Utilities Director Erik Olson and General Services Director Tom Frame explained the award of
the Bid and the low bidder’s inability to get insurance. County Administrator Joseph Baird also
explained insurance differences and bid amounts. Commissioner Wheeler agreed with Administrator
Baird on the standards followed.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously (1) awarded the Bid
to Coverall North America, Inc. d/b/a Coverall Cleaning
Concepts, as the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid. (The low
bidder, Fulmore Cover All of Vero Beach could not meet the
County insurance requirements); (2) authorized the Purchasing
Division to issue blanket purchase orders or individual job
purchase orders, as needed, for the period of October 1, 2006
through September 30, 2007 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 contract is in the best
October 3, 2006
16
interest of Indian River County, as recommended in the
memorandum of September 15, 2006.
7.V. MGVBIIL.L.C.’R
IZNER RANDE AT ERO EACH S EQUEST FOR
FPASKE
INAL LAT PPROVAL FOR A UBDIVISION TO BE NOWN AS AGLE
TPII
RACE HASE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously granted final plat
approval for Eagle Trace Phase II Subdivision with recordation of
the mylar only after the letter of credit has been received,
reviewed, approved and validated by the County Attorney’s office
and the contract has been executed by the County Administrator,
as recommended in the memorandum of September 19, 2006.
7.W. ARC“A”C
PPROVAL OF ENEWAL FOR A LASS ERTIFICATE OF
PCNIRC
UBLIC ONVENIENCE AND ECESSITY FOR NDIAN IVER OUNTY
DES
EPARTMENT OF MERGENCY ERVICES
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved renewal
of the Class “A” Certificate of Public Convenience and Necessity
for the Indian River County Department of Emergency Services,
to be effective for a period of two (2) years from October 15, 2006
to October 15, 2008, as recommended in the memorandum of
September 7, 2006.
October 3, 2006
17
7.X. PA–TRRT
ROPERTY CQUISITION AX OLL EMOVAL AND AX
C(8)
ANCELLATION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-146
canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes; authorized the Clerk
to send certified copy of the same to the Tax Collector and the
Property Appraiser, so that any outstanding delinquent or current
taxes may be canceled; and, authorized the Clerk to send copies to
Fixed Assets, Budget, and the County Attorney’s Office, all as
recommended in the memorandum of September 19, 2006.
(SWDD Yankee-Melvin Purchase)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-147
canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes; authorized the Clerk
to send certified copy of the same to the Tax Collector and the
Property Appraiser, so that any outstanding delinquent or current
taxes may be canceled; and, authorized the Clerk to send copies to
Fixed Assets, Budget, and the County Attorney’s Office, all as
recommended in the memorandum of September 19, 2006. (R/W
th
– 70 Ave \[Powerline Road\] Wilcox)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
October 3, 2006
18
Resolution 2006-148
canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes; authorized the Clerk
to send certified copy of the same to the Tax Collector and the
Property Appraiser, so that any outstanding delinquent or current
taxes may be canceled; and, authorized the Clerk to send copies to
Fixed Assets, Budget, and the County Attorney’s Office, all as
recommended in the memorandum of September 19, 2006.
(Environmental \[Russell\])
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-149
canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes; authorized the Clerk
to send certified copy of the same to the Tax Collector and the
Property Appraiser, so that any outstanding delinquent or current
taxes may be canceled; and, authorized the Clerk to send copies to
Fixed Assets, Budget, and the County Attorney’s Office, all as
recommended in the memorandum of September 19, 2006. (R/W
nd
– 82 Street and U.S. Highway 1, IHP Investment Fund III
\[Bristol Bay\]
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-150
canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes; authorized the Clerk
to send certified copy of the same to the Tax Collector and the
Property Appraiser, so that any outstanding delinquent or current
taxes may be canceled; and, authorized the Clerk to send copies to
Fixed Assets, Budget, and the County Attorney’s Office, all as
October 3, 2006
19
recommended in the memorandum of September 19, 2006.
(Proposed 18-acre School Site, Shelby Homes at Millstone)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-151
canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes; authorized the Clerk
to send certified copy of the same to the Tax Collector and the
Property Appraiser, so that any outstanding delinquent or current
taxes may be canceled; and, authorized the Clerk to send copies to
Fixed Assets, Budget, and the County Attorney’s Office, all as
recommended in the memorandum of September 19, 2006. (R/W
th
– Oslo Road \[9 St. SW\] Hendley)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-152
canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes; authorized the Clerk
to send certified copy of the same to the Tax Collector and the
Property Appraiser, so that any outstanding delinquent or current
taxes may be canceled; and, authorized the Clerk to send copies to
Fixed Assets, Budget, and the County Attorney’s Office, all as
recommended in the memorandum of September 19, 2006. (R/W
th
– 16 Street \[Riverside Self Storage\])
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-153
canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes; authorized the Clerk
October 3, 2006
20
to send certified copy of the same to the Tax Collector and the
Property Appraiser, so that any outstanding delinquent or current
taxes may be canceled; and, authorized the Clerk to send copies to
Fixed Assets, Budget, and the County Attorney’s Office, all as
recommended in the memorandum of September 19, 2006.
th
(Hiatus – Adjacent to 49 Avenue)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-154
canceling taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes; authorized the Clerk
to send certified copy of the same to the Tax Collector and the
Property Appraiser, so that any outstanding delinquent or current
taxes may be canceled; and, authorized the Clerk to send copies to
Fixed Assets, Budget, and the County Attorney’s Office, all as
recommended in the memorandum of September 19, 2006. (R/W
thth
– Corner Clip 34 Ave. & 12 Pl.)
7.Y. RFPD
EQUEST FOR INAL AYMENT FROM THE EPARTMENT OF
EP(DEP)IRC
NVIRONMENTAL ROTECTION NDIAN IVER OUNTY
V(NAVD88)CDP
ERTICAL ONTROL ENSIFICATION ROJECT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved full and
October 3, 2006
21
final payment to the Department of Environmental Protection in
the amount of $188,385.00, as recommended in the memorandum
of September 22, 2006.
7.Z. R--WA(2)P,GR.
IGHTOFAY CQUISITION ARCELS ENE AND
RB.G,66ASSR.60
TH
OSEMARY AGLIARDI VENUE OUTH OF TATE D
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Alternative No. 1, the $221,000.00 purchase with Gene and
Rosemary Gagliardi, and authorized the Chairman to execute the
Agreement, as recommended in the memorandum of September
26, 2006.
DOCUMENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.AA. APSA
PPROVAL OF ROFESSIONAL ERVICE GREEMENTS FOR
AGSC,2006-2007–IRC
NNUAL EOTECHNICAL ERVICES ONTRACT
PN.0534
ROJECT O
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the Fee
Schedule and the Agreements with CTI-Construction Testing &
Inspection, Inc., Vero Beach, AM Engineering and Testing, Inc.,
Fort Pierce, Dunkelberger Engineering & Testing Inc., Port St.
October 3, 2006
22
Lucie and Ardaman & Associates, Inc., Port St. Lucie, as
recommended in the memorandum of September 25, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.BB. APSA
PPROVAL OF ROFESSIONAL ERVICE GREEMENTS FOR
ACESC,OAO-G
NNUAL IVIL NGINEERING ERVICES ONTRACT N N NOING
B
ASIS
Commissioner Bowden asked about a bridge, at the new fire station, that the County was
not sure they had erected, and wanted to know if approval was granted for that project.
Administrator Baird provided clarification explaining the misunderstanding of
communications from Carter and Associates, and our Consultants being contacted for information
instead of following County procedures.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Agreements with Arcadis G&M, Inc., Carter Associates, Inc., and
McMahon Associates, Inc., and authorized the Chairman to
execute the agreements, as recommended in the memorandum of
September 19, 2006.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
October 3, 2006
23
7.CC. CRAM
ONSIDERATION OF ENEWAL OF GREEMENT FOR ASS
TSPBIRC
RANSIT ERVICES ROVISION ETWEEN NDIAN IVER OUNTY AND
IRCCA,I.
THE NDIAN IVER OUNTY OUNCIL ON GING NC
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized the
Chairman to execute the Agreement with the Indian River County
Council on Aging, Inc., as recommended in the memorandum of
September 25, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.DD. L/CLLPG
ITERACYOMPUTER ITERACY AB ROGRAM RANT
A
GREEMENT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized the
Chairman to execute the agreements and return to the Library
Services Director for forwarding to the appropriate State Library
staff, as recommended in the memorandum of September 25,
2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
October 3, 2006
24
7.EE. TSSWAP
HE QUIRE UBDIVISION ATER SSESSMENT ROJECT
AFPCR
PPROVAL OF INAL AYMENT TO ONTRACTOR AND ELEASE OF
R
ETAINAGE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the total
project cost of $43,680.00, and approved the Application for
Payment No. 2 – Final as final payment to Underground Utilities,
Inc., in the amount of $7,068.00, as recommended in the
memorandum of September 19, 2006.
7.FF. STBRWS
UNRUST ANK OSELAND ATER ERVICE
I,ACON.1F
NSTALLATION PPROVAL OF HANGE RDER O AND INAL
PC
AYMENT TO ONTRACTOR
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the total
labor cost of $3,476.80, Change Order No. 1 for an additional
$449.80, and approved the Application for Pay Request No. 1 –
Final as final payment to The Danella Companies, Inc., in the
amount of $3,476.80, as recommended in the memorandum of
September 20, 2006.
7.GG. PBDSA,
ROFESSIONAL RIDGE ESIGN ERVICE GREEMENT
WON.1BDA,I.,IRC
ORK RDER O WITH RIDGE ESIGN SSOCIATES NC
October 3, 2006
25
PN.0530-B13SSWBD;WO
TH
ROJECT O TREET RIDGE ESIGN ORK RDER
N.2BDA,I.,IRCPN.
O WITH RIDGE ESIGN SSOCIATES NC ROJECT O
03107-B8SBD;WON.3
TH
TREET RIDGE ESIGN ORK RDER O WITH
BDA,I.,IRCPN.0611-B56
TH
RIDGE ESIGN SSOCIATES NC ROJECT O
PBD
LACE RIDGE ESIGN
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Agreement and Work Orders No 1, No. 2 and No. 3; authorized
the projects as outlined in the Scope of Services; and, authorized
the Chairman to execute the Agreement and Work Orders, as
recommended in the memorandum of September 18, 2006.
AGREEMENT (WORK ORDERS 1,2,3,) IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.HH. ABAIRCB#2006100G
PPROVAL OF ID WARD FOR ID ROUND
PRUL–UD/
ENETRATING ADAR TILITY OCATOR TILITIES EPARTMENT
WDD
ATER ISTRIBUTION IVISION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously awarded the Bid to
MALA, Charleston, SC, as the lowest most responsive and
responsible bidder meeting the specifications as set forth in the
October 3, 2006
26
Invitation to Bid, as recommended in the memorandum of
September 18, 2006.
7.II. ABAIRCB#2006101A
PPROVAL OF ID WARD FOR ID LUMINUM
SCFS,UD/
ULFATE HEMICAL EED YSTEM TILITIES EPARTMENT
WTD
ASTEWATER REATMENT IVISION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously awarded the Bid to
LOC Pump & Equipment Company of Florida, Inc., as the lowest
most responsive and responsible bidder, as recommended in the
memorandum of September 15, 2006. LOC Pump & Equipment,
Inc., took one exception to the bid specification, which has been
determined by the Utilities Department as being acceptable.
7.JJ. WO1RWAS,
ORK RDER FOR IGHT OF AY CQUISITION ERVICES
AAG,LLC,RR
MERICAN CQUISITION ROUP EQUEST FOR ELEASE OF
R
ETAINAGE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved release of
retainage to American Acquisition Group, LLC in the amount of
$2,650.00 with funding as specified and as recommended in the
memorandum of September 18, 2006.
October 3, 2006
27
7.KK. ABAIRCB#2007007M
PPROVAL OF ID WARD FOR ID OWING
TWTP,UD/W
AT WO ATER REATMENT LANTS TILITIES EPARTMENT ATER
TD
REATMENT IVISION
MOTION WAS MADE BY Commissioner Wheeler
SECONDED by Commissioner Lowther for discussion, to table
this item and ask the Sheriff’s Office if they could do the lawn
maintenance to save the County some money.
Commissioner Lowther felt that even more important was the fact that inmates could do work at
other facilities, noting that the County has increased its jail capacity and there may be a need for more
duties/activities for the inmates.
County Administrator Joseph Baird acknowledged that the County uses prisoners to do similar
work. He thought maybe they should get with the Sheriff and find out what he is using his prisoners for
and see if the County could utilize those services.
Commissioner Lowther felt they should follow through with this. Administrator Baird felt they
should have a public presentation from the Sheriff’s office on what they could or could not provide.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously to table this item for the October 24, 2006
meeting to allow the County Sheriff to tell the Board if his office
could or could not provide (through the use of inmates) the
maintenance services required.
October 3, 2006
28
7.LL. PHF&JED
OST URRICANES RANCES EANNE MERGENCY UNE
R–J’IS,FPF
ESTORATION OHNS SLAND EGMENT INAL AYMENT AND ULL
RR,RCI,I.
ELEASE OF ETAINAGE ANGER ONSTRUCTION NDUSTRIES NC
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved final
payment and release of retainage to Ranger Construction
Industries, Inc., in the amount of $111,747.82, as recommended in
the memorandum of September 20, 2006.
7.MM. FP–WON.6,C
INAL AYMENT ORK RDER O ARTER
A,I.AWON.6F:IRC
SSOCIATES NC AND DDENDUM TO ORK RDER O OR
HPMCPP
OBART ARK AINTENANCE OMPLEX ROJECT ROFESSIONAL
SMSSDN,
URVEYING AND APPING ERVICES TO UPPORT ESIGN EEDS
PN.0623
ROJECT O
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved payment
in the amount of $16,562.00 for full and final payment for Work
Order No. 6 and $3,350.00 for full and final payment for
Addendum to Work Order No. 6 (to Carter Associates, Inc.)
through the Professional Land Survey Annual Services Contract
October 3, 2006
29
No. 0390 with funding as specified and as recommended in the
memorandum of September 18, 2006.
7.NN. CSSD’A
ITRUS PRINGS UBDIVISION EVELOPERS GREEMENT
CO-SMPW
FOR ONSTRUCTION OF FFITE ASTER LANNED ATER AND
SSFM,AR
ANITARY EWER ORCE AIN PPROVAL OF ELEASE OF
RFPC
ETAINAGE AND INAL AYMENT TO ONTRACTOR
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Release of Retainage (Invoice No. 101) in the amount of
$4,825.22 as final payment to The Suntree Partners, as
recommended in the memorandum of September 11, 2006.
7.OO. RB,I.D’A
EXFORD UILDERS NC EVELOPERS GREEMENT FOR
CO-SWM,AR
ONSTRUCTION OF FFITE ATER AIN PPROVAL OF ELEASE OF
RFPC
ETAINAGE AND INAL AYMENT TO ONTRACTOR
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Release of Retainage of $2,629.50 as final payment to Rexford,
Inc., as recommended in the memorandum of September 11, 2006.
October 3, 2006
30
7.PP. H’AS–8IWM
ARDEES DDITION TO EBASTIAN NCH ATER AIN
E–AD’A
XTENSION MENDMENT TO EVELOPERS GREEMENT AND
RWW
EIMBURSEMENT TO ILLIAM ELSH
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Amendment to the Developer’s Agreement for an addition of
$6,471.35 to the original amount of $10,461.60 resulting in a
revised amount of $16,932.95; approved Attachment 3 based on
the new amount of $16,932.95; and, approved reimbursement to
Mr. William Welsh of $12,829.63, which is the cost of the total
project ($16,932.95), less his 24.232% share ($4,103.32), as
recommended in the memorandum of August 1, 2006.
7.QQ. CSWON.5A
ONSULTING ERVICES ORK RDER O MENDMENT
N.1P,B,S,JP,
O WITH OST UCKLEY CHUH AND ERNIGAN FOR ERMITTING
DCSWR
ESIGN AND ONSTRUCTION ERVICES FOR THE EST EGIONAL
WTPEUCP-2621
ASTEWATER REATMENT LANT XPANSION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved Work
Order No. 5, Amendment No, 1 with PBS&J in the amount of
$61,400.00 for design work associated with this project, and
authorized the Chairman to execute same, as recommended in the
memorandum of September 20, 2006.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
October 3, 2006
31
7.RR. FDLEFY
LORIDA EPARTMENT OF AW NFORCEMENT
2006/2007EBMJAG
DWARD YRNE EMORIAL USTICE SSISTANCE RANT
(JAG)P
ROGRAM
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Certificates of Acceptance of Subgrant Award for the Substance
Abuse Administration Grant in the amount of $8,161.00, the
M.A.C.E. Grant in the amount of $49,371.00, and Indian River
County Drug Testing Grant in the amount of $24,084.00, as well
as, the two agreements between the Board of County
Commissioners and the Substance Abuse Council of Indian River
County, all as recommended in the memorandum of September
25, 2006.
CERTIFICATE OF ACCEPTANCE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.SS. RDC
ESOLUTION ELEGATING TO THE OUNTY
ADAE
DMINISTRATOR OR ESIGNEE THE UTHORITY TO XECUTE
SCCFL
TANDARD ONTRACTS FOR ONSTRUCTION FOR INAL IFT OF
AACDE
SPHALT AND CCOMPANYING ASH EPOSIT AND SCROW
A
GREEMENTS
October 3, 2006
32
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-155 delegating to the County Administrator or
designee the authority to execute standard contracts for
construction for final lift of asphalt and accompanying cash
deposit and escrow agreements.
7.TT. CR512,PIII,CR510–P#9611&0001
HASE ROJECT
AECCO#4
GREEMENT FOR THE SCROW OF OSTS FOR HANGE RDER
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Agreement for the Escrow of Costs for Change Order #4 to CR
512, Phase III, CR 510 Road Project (left turn lane and right turn
lane for the Shoppes of Sebastian II development), and authorized
the Chairman to execute same, as recommended in the
memorandum of September 19, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.UU. SCROWT
OUTH OUNTY EVERSE SMOSIS ATER REATMENT
P,PSK-H&A,
LANT ROFESSIONAL ERVICES BY IMLEYORN SSOCIATES
I.(KHA)UMR
NC FOR PGRADES AND ODIFICATIONS TO ESTORE
C–WON.14
APACITY ORK RDER O
October 3, 2006
33
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved Work
Order No. 14 to Kimley-Horn & Associates, Inc. in the amount of
$168,500.00 – in a lump-sum, from account as specified, for
Professional Services related to South RO Plant Upgrades and
Modifications to Restore Capacity, and authorized the Chairman
to execute same, as recommended in the memorandum of
September 1, 2006.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
A. RR,IRCS-F
OY AYMOND NDIAN IVER OUNTY HERIFF ORFEITURE
TF(NCIDP)
RUST UND ATIONAL HILD ROGRAM
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved that
$8,552.23 from the Sheriff’s Law Enforcement Trust Fund be
used to participate in the National Child ID Program, as requested
in the letter of September 18, 2006.
October 3, 2006
34
9. PUBLIC ITEMS
9.A. PUBLICHEARINGS
9.A.1. INDIAN RIVER DRIVE NORTH – PETITION WATER, INDIAN
RIVER COUNTY PROJECT NO. UCP-2632, RESOLUTION III – PUBLIC
HEARING
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Dan Chastain, Manager of Assessment Projects, reminded the Board of prior actions on this
matter, recapped his memorandum of September 20, 2006, and asked the Board to approve Resolution
III, which affirms the preliminary assessment roll on the subject property. By way of a slide presentation
he pointed out site locations and noted that questions have arisen regarding the site. He asked the County
Attorney to better explain.
Attorney Collins thought it would be a good idea to hear from residents that might be affected or
benefited by this project. He provided a status report on the matter and recommended that the Board hear
from those who wish to speak on this project but not to approve the resolution confirming it today. He
provided legal opinion to support his recommendation.
Chairman Neuberger asked how long it was anticipated this would take to clear up the
right-of-way problem.
Attorney Collins said it depended on how many property owners were involved in this situation.
He also pointed out that Mr. Barkett’s client seemed willing to negotiate rather than contest this. Mr.
Chastain noted that there probably were about 12 or 13 properties from Roseland Road northward.
The Chairman opened the public hearing.
October 3, 2006
35
Brian Atkinson
, 13055 N. Indian River Drive, was opposed to the proposal, saying the
lien that would be placed on his property would be a burden and he has no need for this service.
Roger Birt
, 13155 N. Indian River Drive, handed out a petition from residents against this
project. He urged the Board to look at redesigning the project or denying the request because they did
not want to see the roads torn up and they did not need the water.
Chairman Neuberger recalled that initially the majority of people were for the project and
now they seemed to have changed their minds. He sought legal opinion as to how this would now affect
the project, and whether it becomes a moot point now that the majority does not want it.
Attorney Collins referred to page 478 of the backup that showed they never had a majority
and page 470 of the backup where it seemed they had more support. He said, in actuality, they never had
a majority.
Discussion ensued on whether staff had a majority supporting the project. Director
Chastain assured concerned residents that driveways would not be torn up and the County would take
care of any complaints.
Judy Turner
, 13660 N. Indian River Drive, who owns property south of Roseland Road,
favored the project saying water is a necessity and this opportunity does not always come along often.
Commissioner Davis asked where the water line came from that provides water to the
Inlets of Sebastian. Mr. Chastain responded that it comes from North Central, in through the
development, and along the frontage of property on Indian River Drive. In response to another question
from Commissioner Davis on whether there currently was a water main north/south along Central
Avenue and how far north and south it goes, Mr. Chastain affirmed there is, saying it inter-connects at
Roseland Road and runs all the way south to the north of Sebastian City limits.
October 3, 2006
36
Sam Jolley
, 13590 N. Indian River Drive favored the water main installation. He
however thought the County was “really messed up” in doing a square footage instead of a linear footage
that would continue with the same frontage price for everyone.
Commissioner Lowther recalled about three (3) years ago when Westside subdivision
came along and a certain resident did not want the water. He asked how did the County deal with that.
Mr. Chastain explained that those were included in the assessment that was approved and they did use the
square footage method.
Commissioner Lowther commented on septic systems leaking into lagoons. He did not
know if that would become an issue later but thought that would be something to look at in the future.
Mr. Chastain confirmed as correct Commissioner Davis’ assumption that the assessment
method along Indian River Drive is being done on a square footage method for the lot and not a frontage
or unit basis.
Ms. Turner
wanted to clarify that they have sewer on Indian River Drive.
Richard Maerz
, 13275 N. Indian River Drive (south of Roseland Road) felt they have not
correctly addressed shoreline stabilization. He handed out pictures taken after Hurricanes Francis and
Jeanne showing two places south of his property where the road was washed out. He understood that the
proposed water main would run approximately 30 inches below the ground and he could not see how,
without some proper shoreline stabilization, they would not be vulnerable at the next storm. He also did
not think they addressed correctly the amount of concrete debris that was dropped, after the storms, to
temporarily stabilize the roads, which has never been taken care of properly. He agreed with Mr. Jolly
about assessment procedure and does not think it is fair. He also opposed the installation of a water main.
Chairman Neuberger felt that the comments on the shoreline were a separate issue but was
sure it would be addressed in a contract.
October 3, 2006
37
Richard Thomas, (
13845 N. Indian River Drivenorth of Roseland Road)had no intent to
hook up even if the pipe comes in; was concerned with assessment, and did not want the expense.
Dan Hess,
13465 N. Indian River Drive (south of Roseland Road), did not agree with Mr.
Chastain on the assessment basis on square footage and was against the project. He commented on Mr.
Chastain’s failure to mention there was a cap of an acre.
Charles Borders
, 13025 N. Indian River Drive (south of Roseland Road) opposed the
project based on cost and especially that it was not needed. He also thought the water pipes would get
washed away during strong storms.
Dave Schwarz,
13455N. Indian River Drive (south of Roseland Road) opposed the
project.
MartinDowzall,
13885 N. Indian River Drive (north of Roseland Road), discussed the
cost of the project and was against the project.
Fred Mensing
(does not live on Indian River Drive) wanted to make a point he thought no
one else had thought about. He inquired if the County had considered how deep a main is placed
underground and provided an example of such, using Capt’n Butcher’s Old Flood Tide Marina. He
believed the main should be placed on the west side instead of the east side (where the river runs) and
suggested County Engineers re-study the project as he felt they would have to go excessively deep to
place the water mains.
Roger Burke
stressed what he thought was an important point that there is already an
existing 12” main that runs all the way down to Roseland Road and then up Indian River Drive. Why
duplicate a service on Indian River Drive that is not needed, he asked.
October 3, 2006
38
Mr. Chastain explained that there is a gravity sewer in that area that should not hinder the
installation of this project.
County Engineer Gordon Sparks addressed comments regarding use of existing lines.
Discussion ensued regarding location and installation of water lines, and properties to be affected by the
proposed water assessment line. Commissioner Davis and Mr. Chastain discussed the significance of
completing the loop up to U.S. Highway 1.
Mr. Atkinson
asked the Board to keep in mind that a minority of people wants this.
Mr. Borders
reiterated Mr. Atkinson’s comments and urged the Board to take a strong
look at that.
Mr. Maerz
thought that given what everyone had discovered, it would be appropriate to
have a “preference survey” where everything was laid out and comprehensively presented to property
owners for them to make an objective decision as to whether they want it or not.
Chairman Neuberger said they might just take another look at this and at the right-of-way
issue as well, and maybe have the Utilities staff provide further comments.
Lisa Hess,
13465N. Indian River Drive, observed that everyone was concerned about the
water and did not want it but she was concerned with the safety issues as regards fire hydrants, and what
could happen if there was a fire and no hydrant was close by.
There were comments that water could be pumped from the nearest river but Director
Chastain said that was incorrect, because he understood from a Fire Chief that they do not pump water
from swimming pools, lakes, canals or the river. This project proposes a hydrant every thousand feet, he
said, and the Fire Department would like them to cover a 500-foot radius.
October 3, 2006
39
Discussion ensued regarding pump trucks, pumping water from the river and fire
hydrants.
John Dodd,
14015 N. Indian River Drive (north of Roseland Road), supported the project
because he believed the County would have to provide water to all the urban service areas and the sooner
they do it the better.
Karen McElveen
13600 N. Indian River Drive (south of Roseland Road), was in favor of
water but was concerned with the amount of assessment cost to homeowners and thought there should be
a more appropriate way to get water to homeowners.
Emergency Services Director John King responded to comments on how fires are put out
on Indian River Drive if there was no fire hydrant in place. He said it was not common for them to pump
water out of pools because of their location and a water table requirement. He was not sure they could get
a truck within ten feet of a river, but they would try if they could.
There were no additional speakers and the Chairman closed the public
hearing.
Chairman Neuberger felt they needed to table this item to a time certain so they could look
at the legal question on the property.
Attorney Collins said it would not be a time certain because it was not known how long
the process would take and they would probably have to re-advertise for another hearing if they were
going to reconsider.
The Board and staff discussed how the petition came about and staff’s recommendation in
that regard. They also discussed whether they would save money if the project were delayed to a future
October 3, 2006
40
date, sewer, and square footage and smaller lots. Administrator Baird felt that based on information from
Attorney Collins they should wait and not move forward today but take the time to look at alternatives,
front footage and maybe zoning too.
Director Chastain said they could redesign the project to serve only those
areas south of Roseland Road, if the Board wished. The Board discussed further
whether to postpone this item until they get some legal advice.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Neuberger, the Board unanimously agreed to table
this matter to have staff work out the right-of-way issues.
The Chairman called a break at 10:36 a.m., and reconvened the meeting at 10:45 a.m., with
Commissioner Davis absent.
B. PUBLICDISCUSSIONITEMS
1. Request to Speak from Fred Mensing Regarding Reverse Contract to
do Minor Road Maintenance and Request for Quit Claim Deed
(1) Minor Road Maintenance
Fred Mensing
handed out a sample of a “reverse contract” to Board members, with a $2.00 bill
attached to the Chairman’s copy (a copy of the “reverse contract” is on file in the Office of the Clerk to
the Board).
(Clerk’s Note: Commissioner Wesley Davis rejoined the meeting at 10:46 a.m.)
October 3, 2006
41
Mr. Mensing
said the “reverse contract” was his solution to problems created by Mr. Kirrie in
Roseland. He discussed the problems faced by certain residents and outlined the advantages to be had
th
from this request for “non-exclusive right to remove pot holes and wash boarding on 129 Street and
thth
130 Street south of 78 Avenue and only on dirt sections subject to …” conditions outlined in the
sample contract.
County Attorney Collins opined that they did not need a contract, but if people were operating in
a right-of-way, typically, they get a right-of-way permit.
Commissioners discussed the Sheriff’s concern of an implement touching the road when the
grader is being used.
Public Works Director Jim Davis noted that over the years Mr. Mensing has graded the road with
a tractor and a box blade. Several years ago he called Mr. Mensing and expressed his concern because of
complaints from some residents that he was grading the roads. He also noted how often the County does
road maintenance and believed there is a liability for the County if they let citizens on various types of
equipment grade public roads. He did not encourage private citizens grading the road system with that
type of equipment because someone could get hurt.
Commissioner Wesley thought there would be a “small town revolt” if people could not do it
themselves in certain areas like Fellsmere. Discussion ensued on who could grade roads and liability
involved.
Attorney Collins discussed differences in residents scraping their private roads to improve the
access to their properties and not working within public right-of-ways. There was also discussion on who
owns the roads.
October 3, 2006
42
Commissioner Wheeler felt that without a contract it would open up liability. He presented a
scenario of the use of riding mowers operating without a license or plate and without a contract as well
and thought it would be selective enforcement if the Sheriff’s Office did not arrest people on lawn
mowers too.
(Clerk’s Note: Attorney Collins advised the Chairman to return the $2.00 to Mr. Mensing. The
Chairman complied).
Director Davis, in response to Commissioner Bowden’s question of how often the County grade
roads, said every 3-4 weeks depending on the weather and its effect on materials. He also noted that
operating on a roadbed is a little more particular than mowing a lawn and there was more liability as well.
The Board and staff had lengthy discussions on legality, inspection, standards and insurance, and
the seeming selective enforcement in one neighborhood over another. They also discussed residents’
objection to paying for the roads to be paved in front of their houses.
Mr. Mensing
believed Mr. Kirrie conned the County 20 years ago. He asked if there was
something the Commission or staff could do so that what has gone on does not continue.
Discussion ensued on whether to allow such practices on county roads. Commissioner Wheeler
did not think they needed to take any action.
No Action Taken or Required.
(2) Request for Quit Claim Deed
Mr. Mensing
handed copies of a Quit Claim Deed (copy on file in the Office of the Clerk to the
Board) to the Board reporting that Mr. Kirrie filed application to abandon a portion of parcel 3 between
October 3, 2006
43
the lots highlighted on the Deed. Mensing wrote to the County and never got a written reply from the
County that the land is private property. He provided a brief background on the property of interest with
Mr. Kirrie claiming he owns the property, which has resulted in a domestic dispute.
Mr. Mensing
stated that he was a candidate for County Commission and announced that he
could not possibly sit on the Commission because there was an Attorney General’s ruling that he could
not run for office and file suit against the County at the same time. He asked the County to decide if it had
an interest in the property.
Chairman Neuberger thought only the County Attorney could address this matter.
County Attorney William Collins provided background information on the strip of land starting
with when Mr. Mensing obtained a Quit Claim Deed. He provided detailed information on the current
status of the matter including a lawsuit (with Mr. Kirrie and Mr. Mensing from 3 years ago) that had to do
with Code Enforcement action against Mr. Mensing and a counter-claim that the County was trespassing
on those strips within the north county conservation. That matter was settled with Mr. Mensing and the
County paid him $5,000.00 for all the strips in the north county conservation area. Attorney Collins
described the matter as complicated and thought it would be better resolved in court instead of before the
County Commission.
Mr. Mensing
responded that Mr. Kirrie has no valid claim to the property.
Commissioner Wheeler agreed with Attorney Collins to settle the matter in court and saw no
point in further discussions.
Attorney Collins explained that the County would not have to do anything and recommended
that it be left as status quo. He also informed Commissioner Davis that Mr. Mensing would have to
initiate the suit against Indian River County.
October 3, 2006
44
Chairman Neuberger repeated Attorney Collins’ recommendation.
Commissioner Davis sought to know the legal ramifications if they move to quit claim, and
whether they could avoid the lawsuit.
Mr. Mensing
replied that it would mean the County renouncing that it does not have an interest
in it and let him and Mr. Kirrie battle it out directly.
Attorney Collins again explained that the county does not have an interest in quit claim and
referred to his earlier recommendation to have the matter resolved in the court system.
The Board agreed with the County Attorney’s opinions and recommendation.
Mr. Mensing
declared that because the Board could not find a way to renounce an interest in this
strip of land it would be impossible for him to continue in the run for County Commissioner and hoped
Joe Flescher (Commissioner Candidate) would do well as next District Commissioner.
NO ACTION REQUIRED OR TAKEN.
2. Request to Speak from Dian S. George Regarding School Board
th
Question Originating from September 19 Meeting
This item was deleted from the Agenda at the request of Dian George.
NO ACTION REQUIRED OR TAKEN.
October 3, 2006
45
3. Request to Speak from Adrienne Cuffe Regarding Road Widening
Projects
This item was deleted from the Agenda at the request of Adrienne Cuffe.
NO ACTION REQUIRED OR TAKEN.
3. Request to Speak from Mark A. Brackett Regarding 30 Day Extension to
the Construction Contract for the Stoney Brook Farm Subdivision
th
Mark Brackett,
1915 34 Avenue,on behalf of Stoney Brook Farms Subdivision, recounted the
process from Stoney Brook’s recordation of a plat which at that time required them to enter into a
construction agreement with the County and to provide surety to secure the completion of the
improvements that were tied to the contract and the subsequent grant of a 60-day extension which expires
on October 12, 2006. He said they were near completion of the subdivision and have final release of liens
from both utilities and site contractors, but in order to be in compliance with the code and to not leave a
gap between completing the project officially and having the appropriate surety in place, they were
asking the County to grant them a 30-day extension on the construction contract and the Surety would be
extended additionally for the Stoney Brook Farm Subdivision. If they get the extension, they would have
$900,000.00 in Surety for punch list items.
County Attorney William Collins provided further background on staff’s prior recommendation
for a 60-day extension instead of the one-year extension requested by Mr. Brackett, citing staff’s lack of
confidence with the company because of past experience with them not honoring conditions to have
security in place until a specified date.
October 3, 2006
46
Chairman Neuberger sought to know what the Board thought of this. Commissioner Davis had
no problem with the request but wanted to hear comments from any homebuilder present.
Administrator Baird and Attorney Collins discussed the Letter of Credit, noting that it is about to
expire on October 12, 2006, and were not sure the bank would be willing to extend the Letter of Credit.
Mr. Brackett
said hehad no knowledge that the bank would not extend the Letter of Credit.
Assistant County Attorney Bill DeBraal reminded the Board that there was an issue of turn lanes
that needed to be addressed that is part of the security that has been posted, and he did not know how far
Mr. Brackett had gotten towards the completion of that project.
Mr. Brackett
responded that the turn lane is not a condition of the Certificate of Completion and
that there is property security up for the turn lane and would remain in place.
Public Works Director Jim Davis clarified the conditions for turn lanes.
MOTION WAS MADE BY Commissioner Davis, SECONDED
by Commissioner Neuberger, to grant the 30-day extension on
condition that the letter of credit be extended as well.
Administrator Baird cautioned that the Letter of Credit (LOC) has to be extended for more than
thirty (30) days because the turn lanes could not be done in thirty (30) days.
Mr. Brackett
was looking for a 30-day extension on the construction agreement and would
accept 180 days on the LOC.
Commissioner Bowden felt they needed to have a working relationship where information from
staff is forthcoming prior to when decisions have to be made.
October 3, 2006
47
Administrator Baird expressed his dissatisfaction with the way public discussion items are
handled, stating that it is hard on staff to know what people are going to say, submit, or discuss and
sometimes what the subject matter is. Staff is usually at a disadvantage in providing supporting and
factual information. He recommended that the Board approve the form that was designed to get more
detailed information from those requesting to speak so that staff may be better prepared to answer
questions from the Board.
Commissioner Bowden was not clear on Attorney Collins’ position. Attorney Collins explained
that he was against it because the last time they were granted an extension they had given assurance that
the security would have been extended and it was not. He did not have any level of confidence based on
past lack of fulfillments of certain conditions.
Mr. Brackett
did not have a problem if the extension was made contingent on the LOC being
extended as well.
The Board discussed the necessity of the LOC extension noting that in the past it was not
extended when they were granted 60-days. Commissioner Bowden sided with the County Attorney to
not approve the request. The Board also discussed when to call the Letter of Credit.
Commissioner Davis AMENDED HIS MOTION, SECONDED
by Commissioner Neuberger, to grant the 30-day extension on the
Construction Contract for the Stoney Brook Farm Subdivision, on
condition that the Letter of Credit be extended for the same period
and the County Attorney has the amended Letter of Credit in his
Office by 12 O’clock on October 9, 2006.
There were no further discussions.
October 3, 2006
48
The Chairman CALLED THE QUESTION and the Motion
carried unanimously (5-0).
Chairman Neuberger acknowledged the presence of and introduced former Mayor of Sebastian
Chuck Neuberger (his big brother).
C. PUBLICNOTICEITEMS-NONE
10. COUNTY ADMINISTRATORS MATTERS - NONE
11. DEPARTMENTAL MATTERS
A. CD
OMMUNITY EVELOPMENT
1. Consideration of Advanced Construction Agreement for SR 60
Phil Matson, staff’s Director of Metropolitan Planning Organization (MPO), summarized the
th
construction agreement for the widening of SR 60 between 66 Avenue and I-95, by reviewing his
memorandum of October 3, 2006. There is an opportunity for advancing the projects with local funds
and that mechanism requires an interest-free loan to the Florida Department of Transportation (FDOT)
and the loss of the use of those funds for a period of time, Director Matson informed. He also presented
a cash flow analysis and discussed how the priority process works on the MPO priority list. He asked the
Board not to approve the Advanced Construction Agreement based on the Cash-Flow Analysis
presented. However, if the Board wished to compromise, in order to maintain LOS, then an agreement
nd
should be considered from I-95 to 82 Avenue.
October 3, 2006
49
Budget Director Jason Brown continued the presentation explaining in detail the
recommendations regarding funding options. He presented advanced funding options, looking at four
different alternatives, as well as a Cash-Flow scenario analysis looking at all County roadways including
revenue and expenses. He also recommended that the Board not enter into the advanced funding
agreements based on funding constraints and cash flow forecast.
MOTION WAS MADE by Commissioner Wheeler, SECONDED
by Commissioner Bowden for discussion, to approve staff’s
recommendation.
Commissioner Bowden asked if FDOT ever paid back loans with interest. Director Brown was
not aware of that or that it has even happened in the past.
Ralph Poppell,
Florida State Representative (District 29), said it was really State Representative
Mayfield who worked in the beginning on securing the money for this project and acknowledged that Mr.
Mayfield had done a great job. He, too, felt that the $67 million (to be advanced for the project) was way
out of line and he discussed it with the Department of Transportation Secretary Denver Stutler, Jr., and
they all agreed that the cost was too high. He felt the County would be missing a “golden opportunity” to
complete the road if they denied the request. He informed the Board of a letter he got from Secretary Jim
Wolfe (District 4) showing considerable less dollars involved: instead of the $37 million it is now $32.3
million, instead of $30 million its now $22.7 million, so they were now looking at $55 million versus the
$67 million. He recommended that this be kept alive and the Board not deny the project.
Stan Mayfield,
Florida State Representative (District 80) impressed upon the Board not
to make decisions today to withdraw from this proposal because there was no urgency or requirement.
He, however, promised to support the Board in whatever they decided.
October 3, 2006
50
Administrator Baird acknowledged and appreciated that Representative Mayfield worked
hard in getting this opportunity for us and explained the reason why he \[Baird\] brought this item forward
saying he wanted the Board to know that they were going to run a deficit before they make a decision.
Commissioners and staff engaged in lengthy and detailed discussions, which included
when capacity for a project could be considered, designation of routes, and whether to keep the resolution
in place. Chairman Neuberger acknowledged that they needed to look at this as the future of Indian River
County. He could see the importance of this road and he would hate to have a missing link that would
keep us from going out of town in the event of a hurricane, but the shortfalls of $47 million really scared
him. He urged the Board to defeat the request and wait for a year.
Commissioner Bowden thanked the delegation and appreciated their hard work, but she
did not want to put people in uncomfortable situations. She suggested they weigh all the options before
making a decision.
th
Mark Brackett,
1915 34 Avenue, appreciated the comments from State Representatives
and some from the Commissioners. He urged the Board to use the 30-day delay to consider this further
and from a business perspective he was not in favor of loaning our money out interest free. He felt there
has to be something else, whether its “crawl”, breaking up the segment and doing the one segment from
thth
66 Avenue to 87Avenue, but they needed to look at other solutions/alternative.
Commissioner Lowther sought clarity on Commissioner Wheeler’s Motion thinking it
would be a wrong move. Commissioner Wheeler pointed out that his problem was he did not like losing
the interest. Discussion ensued on whether to give a few months, and levels of interest rate.
The Chairman called a break at 12:44 p.m. and reconvened the meeting at
12:54 p.m. with all members present.
October 3, 2006
51
Chuck Mechling,
1999 Pointe West Drive, in 1999 informed the Board that Pointe West
had many employees out there and if this is passed today that will shut the project down. He does not
believe interest free loans are a good concept and was not good for the County either. He feared that if the
link goes away then funding would go away. He felt putting a “focus committee” to work on this would
be a venue of a pro-action that we could all embrace and at the same time be able to work with our State
Representatives to see if there is a better way to handle this.
Commissioner Wheeler recalled talking with Representative Poppell who told him that
thnd
regardless of what the Board decided they would be starting construction on the 66 Avenue to 82
Avenue segment in 2009; so the State is going to move ahead with that link within two (2) years whether
or not we put this money out for it.
Mr. Mechling
felt the economic vitality of our County would have a toppling effect if
they stopped the process, and urged the Board to keep this alive.
Commissioner Wheeler commented that if the State was going to do this in two (2) years
why should we front the money now.
Mr. Mechling
interjected that it would be to keep our local economy alive so that we can
keep ourselves moving forward.
thnd
Commissioners and staff discussed whether the 66 Avenue to 82 Avenue segment
would still be in the five-year plan if they did not fund this project now. They also discussed the State’s
3-year versus the 5-year plan, proportionate share concept and interest involved.
Joseph Schulke,
Civil Engineers of Schulke, Bittle & Stoddard, LLC, Vero Beach,
addressed Commissioner Wheeler’s Motion for voting for the project today. He said that he felt like
Commissioner Wheeler had given up and/or did not believe that staff or the local community could find a
October 3, 2006
52
solution. He asked the Board not to vote today but to give staff directive to work towards finding a
solution.
th
Wayne Kleinstiver,
4080 8 Place, did not think the Board should vote on this today but
should look towards the economic impact on the County in the future.
Joseph Paladin,
6450 Tropical Way, asked if the County was guaranteed to get its money
back and Administrator Baird replied affirmatively noting that it was specified in the Agreement with the
State. Mr. Paladin commented that if the Board decided to solve this matter they would need to look at
the big picture like Highway 1 (U.S.1) and make a package deal out of it. He could not support the idea of
not being paid interest on the money advanced and felt the County should hold on to its money because
they were going to need it once they start building roads. He felt the Board needed to consider all the
parameters and keep an open mind towards “crawls” because that was the only way they were going to
answer all these questions.
Bob Swift
, 6450 Glendale Road, questioned comments that there was one link that
currently exceeds capacity. He stated that the County’s definition of capacity was too low and that the
Chairman Neuberger
roads can carry more cars than its capacity limitations indicate. informed him
Mr. Swift
they were talking about capacity at the County’s level of service and not at gridlock.
concluded asking the Board to take a long look before they make any decisions.
Richard Bialoski
, Oyster Shell Lane, Vero Beach, suggested the Board give the State
time to respond and then have a conference or workshop about “crawls” with consultants, traffic
engineers and transportation planners.
Donna Keys
, Planning & Zoning Commission Chairperson, asked the Board for
guidelines on what to do when the next project comes up before Planning & Zoning regarding counting
trips, despite any decision made.
October 3, 2006
53
Commissioner Wheeler questioned what would happen if the Motion passed and there
was no more counting or if it failed and they moved forward with it. Administrator Baird responded that
if they made the decision to move forward then staff would have to look at trying to make it work. He
also thought the only solution could be that they make anyone who affects the trips on Route 60 pay their
proportionate share of the interest cost.
Commissioner Davis felt they needed to add “and US.1” to recommendation. Although
the Board discussed and felt it was not the same issue, Commissioner Davis still sees it as one and the
same, hoping that they would be addressed and go forward together. Chairman Neuberger thought they
should have a separate workshop to discuss US.1 and they should only discuss SR 60.
Commissioner Davis wanted to see some clear direction in four (4) months and would
support Commissioner Wheeler’s Motion even if he did not amend it to four (4) months.
Commissioner Lowther read a section of the backup regarding “the benefits of
accelerating construction …”, stating that he did not think they would want to lower the level of service.
Commissioners Bowden and Lowther agreed that they need to stop the ‘flip-flopping” as
they have talked this over already.
Mr. Mechling
againentreated the Board not to lose the vision of the future but have a
concept of where this County is going economically.
Chairman Neuberger agreed that they needed to keep this going stating that they could
have a workshop to talk about this.
The Board and staff indulged in lengthy and involved discussions on whether there was a
time-frame to have this done, the reasons Administrator Baird put this on the Agenda, and whether they
could leave the trips off if they extended this for sixty (60) days. Attorney Collins provided legal opinion
October 3, 2006
54
thnd
on whether or not they could count capacity, funded or not, for the two segments (66 Avenue to 82
Avenue).
Administrator Baird recommended that they go for six (6) months because it puts pressure
on the State Legislature to give us money to help solve the problem. He felt they would need another
Motion if they wanted to count or add trips.
Commissioner Wheeler felt they should first straighten out things with the money, and
decide if they are going to allow or freeze more trips. Discussion ensued on whether to do this in three (3)
years versus one (1) year. Administrator Baird said they could opt to table this item and give staff 30-45
days to come back with a formula that anyone who ties on that link pays the interest cost and they would
not put any trips on for 30 days. More discussion followed on whether to grant the forty-five (45) days,
freeze trips, and come up with a solution.
Administrator Baird thought they should give time to have a plan to try and recoup the
interest cost to a developer’s agreement and stated that they were all going to work hard at getting State
Legislators to help pay for Route 60 and US.1.
Commissioner Wheeler WITHDREW his prior Motion.
MOTION WAS MADE by Commissioner Wheeler, SECONDED
by Commissioner Bowden, to table this item for 45 days to give
staff time to come back with reasonable solutions, on condition
that the trip generation that this resolution allows be frozen.
Commissioner Wheeler added that the 45-day period was an opportunity for people to go out and
deal with State Legislators. He thought maybe the State could fund this and that is what he would like to
see.
October 3, 2006
55
There were no further discussions.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously (5-0)
The Chairman called a break at 2:04 p.m., and reconvened the meeting at 2:14 p.m. with
Commissioner Wheeler absent.
2. Consideration of Impact Fee Update Consultant Selection Committee
Recommendation and Request for Authorization for the Board
Chairman to Sign the Impact Fee Update Consultant Services Contract
Community Development Director Bob Keating recapped prior actions and provided a current
status report on this request. He asked the board to approve staff’s recommendations.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board by a 4-0 vote (Commissioner
Wheeler absent) (1) approved the Consultant Selection
Committee’s proposed ranking; (2) authorized staff to negotiate a
contract with the number one ranked Firm; (3) authorized the
Chairman to execute an Impact Fee Update Consultant Contract if
staff can negotiate a contract at or below the project’s budgeted
cost of $150,000.00; and (4), authorized the Community
Development Director to sign any subsequent forms/items as
needed, all as recommended in the memorandum of September
25, 2006.
October 3, 2006
56
B. ES-N
MERGENCY ERVICES ONE
C. GS-N
ENERAL ERVICES ONE
D. HR-N
UMAN ESOURCES ONE
E. HS-N
UMAN ERVICES ONE
F. LS-N
EISURE ERVICES ONE
G. OMB-N
FFICE OF ANAGEMENT AND UDGET ONE
H. R-N
ECREATION ONE
I. PW
UBLIC ORKS
1. Heron Cay Drainage
Public Works Director Jim Davis recapped his memorandum of September 25, 2006 regarding a
request to staff to investigate the presence of standing water beneath several manufactured homes in
Heron Cay. He asked the Board to give consideration to the information presented and to approve the
Consultant Selection Committee’s proposed ranking (pages 515-517 of Backup).
Steve MacNamee
, 428 Bimini Cay Circle, discussed the problems faced in his community with
water settling under mobile homes. They were told that the system that removes the water from the lakes
takes care of the water and channels it out of the lakes and into drainage ditches. (He showed pictures of
water under homes north of Queen Drive).
October 3, 2006
57
Chairman Neuberger inquired when the pictures were taken and Mr. MacNamee responded
“right after the two hurricanes.”
Mr. MacNamee
apprised the Board of State Law that dictates that there should be no
accumulation of water under mobile houses, and informed them that all he was asking for is relief. He
read parts of a letter from St. John Water Control District pointing out that the property owner is
responsible for the drainage of the entire project. He noted that operators have, in the past, put boots on
the end of downspouts to lead the water to drains.
th
Discussion ensued regarding control elevation and elevation of 12 Street.
Mr. MacNamee
showed pictures of what happens to the water from a normal rain flow.
Mr. MacNamee
responding to the Chairman’s question as to what he wanted the Board to do,
said that Judge Hawley had said he wanted the Code Enforcement Board to take into consideration all the
things they have (photographs etc.) and he would designate what could be fixed, but Code had done
nothing.
County Attorney William Collins addressed the matter on behalf of the Code Board and updated
the Board on prior actions by the Code Board in handling this matter. The facts they have from Surveys
do not support any violations to bring to Code Enforcement, he said.
Discussion ensued on what was deemed a code violation and where property owners would go
for relief.
Chairman Neuberger was not sure what the County was supposed to do since the Code Board
found no violations. Attorney Collins explained that it had not gone to Code Enforcement because staff
had no evidence that there were violations.
October 3, 2006
58
Mr. MacNamee
believed they should have a Code Enforcement hearing and then take the
matter to a judge to make a final decision. Attorney Collins did not see how they could send it to the
Code Board without a good faith violation.
MOTION WAS MADE by Commissioner Lowther, SECONDED
by Commissioner Neuberger, that manufactured homes (with
water under them) that have been in after the 1990 Rule would be
the explicit homes that come before the Code Enforcement Board.
Gwen Ripp,
President of the Heron Cay Homeowners Association, said this did not affect all
homeowners in the Park so the Association did not have a specific responsibility to address it. She,
however, questioned Code stipulation regarding stormwater drainage systems and felt the system should
take the water around the house into drains and not under it, and that meant having a swale between
homes. She believed putting more sand or extending downspouts would not correct the problem, and it
was the park owner’s responsibility to maintain stormwater drainage systems.
Dan Perry,
Attorney representing Park Owners, explained that what happened was a code
enforcement action that was brought against the park owner asserting that there was something wrong
with the way the development was built. He believed the property ought to be surveyed and it was really
a landlord/tenant issue.
Commissioner Bowden addressed the two recommendations from staff stating the County spent
over $18,000.00 to add sand underneath the units and to extend roof gutters, and asked if the Park owner
would be willing to do this.
Attorney Perry
responded that the gutters belong to homeowners and it is their responsibility.
He said they were willing to provide sump pumps to help alleviate the problem, which he felt resulted
October 3, 2006
59
from no swales being between the houses for the water to run off. He promised to work with residents
and help as much they could.
Commissioner Lowther AMENDED HIS MOTION to have
documentation come back to the board in 45 days from the owner
that they are in compliance or that there is some sort of resolution
to the problem. (Clerk’s Note: There was no SECOND to this
Motion Amendment.)
More discussion ensued regarding code enforcement action with Attorney Collins again
explaining the code enforcement process.
Attorney Perry
proposed that the code enforcement action be dismissed and they would get rid
of the Injunction and try to work with owners and be back before the Board in 45 days. He felt there was
no basis for a code enforcement action.
There was also discussions on who would maintain the pumps placed under homes when
residents are away, drainage problems and whose responsibility it was. Administrator Baird believed
under the houses and downspouts were owners’ responsibility and while he appreciated the concern, felt
they were getting into private property rights.
Community Development Director Roland DeBlois explained the criteria for taking this to the
Code Enforcement Board.
Commissioner Davis asked if it was illegal or against County code for water to be under a mobile
home. Attorney Collins explained jurisdictional responsibilities and Mr. MacNamee read provisions of
the 1985 Prospectus regarding storm sewer system.
October 3, 2006
60
Chairman Neuberger noted that that would mean they have a problem with the developer and felt
both parties needed to work this out on their own.
Attorney Perry
would be glad to meet with Mr. MacNamee in thirty (30) days to see what they
could sort out.
No Board Action Taken.
11.I.2. Florida Department of Transportation, Joint Participation
Agreement Amendment No. Two to FDOT Agreements, Contract Nos.
ANW-75 (Hurricane Frances) and ANX-78 (Hurricane Jeanne)
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board by a 4-0 vote (Commissioner
Wheeler absent) approved Alternative 1, approving Amendment
No. 2 to FDOT Agreements, Contracts Nos. ANW-75 (Hurricane
Frances) and ANX-78 (Hurricane Jeanne) and authorized the
Chairman to execute the contracts, as recommended in the
memorandum of September 18, 2006.
11.I.3. Professional Engineering Services Agreement, CR 512 Corridor
Improvements – IRC Project No. 9611 Addendum No. 12 (Masteller & Moler,
Inc.)
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board by a 4-0 vote (Commissioner
Wheeler absent) approved Addendum No. 12 in the amount of
October 3, 2006
61
$5,875.00, amending Task II of Addendum #10 to include charges
for Environmental Services, Inc., not previously billed for
additional services for permitting for CR 512, Phase III Roadway
improvements per letter from Environmental Services, Inc., as
recommended in the memorandum of September 13, 2006.
ADDENDUM IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.4. Amendment No. 4 to the Professional Services Agreement with
th
Carter Associates, Inc. for Roadway Improvements, 66 Avenue from
th
4 Street to SR 60 – IRC Project No. 9810
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board by a 4-0 vote (Commissioner
Wheeler absent) approved Alternative No. 1, approving
th
Amendment No. 4 to the Professional Services Agreement for 66
Avenue Paving and Drainage Improvements with Carter
Associates, Inc., as recommended in the memorandum of
September 27, 2006.
AMENDMENT NO. 4 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.5. CR 512 Phase III, CR 510 – Project #9611 & 0001, Bid Number
2006065, Change Order #5
October 3, 2006
62
Commissioner Davis asked if this would also mean fixing the traffic lights in front of Sebastian
River High School. He wanted an estimate of the time in getting this done.
Public Works Director Jim Davis explained that this has to do with some conduits and the project
would provide inter-connect conduits for the traffic signals so they all work in coordination. It would be
about a year from now before the project is complete and all the signals are in, he said.
Commissioner Bowden asked whether about Indian River Boulevard was completed. She
agreed that staff could take some time to look into it and get back to her.
Commissioner Davis stated that the traffic situation as it is right now is slowing things down, and
if staff could get the lights working as soon as possible he would appreciate it.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board by a 4-0 vote (Commissioner
Wheeler absent) approved Change Order No. 5 increasing the
contract amount by $125,931.97 with funding from account
specified, as recommended in the memorandum of September 25,
2006. The new contract amount will now be $13,748,262.60.
11.I.6. Amendment No. 1 to the Professional Civil Engineering Services
Agreement for Civil Engineering and Bridge Design Services with
Bridge Design Associates, Inc. RFQ 7058
October 3, 2006
63
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board by a 4-0 vote (Commissioner
Wheeler absent) approved Amendment No. 1 to the Professional
Services Agreement for Bridge Design Services with funding as
specified and as recommended in the memorandum of September
12, 2006.
AMENDMENT NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.7. Addendum No. 2 Work Order No. 6 (Engineering/Survey) Kings
st
Highway Extension, South, Phase 1. Oslo Road through 21 St. SW,
Topographic/Design Survey
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board by a 4-0 vote (Commissioner
Wheeler absent) approved Addendum No. 2 to Work Order No. 6
for $33,885.00 authorizing the project as outlined in the Scope of
Services, and authorized the Chairman to execute said Addendum,
as recommended in the memorandum of September 20, 2006.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.8. Amendment No. 3 to the Civil Engineering and Land Surveying
th
Agreement for Intersection Improvements at 58 Avenue and SR 60
Thoroughfare Network Analysis and Traffic Modeling Study
MOTION WAS MADE by Commissioner Bowden, SECONDED
by Commissioner Davis, to approve staff’s recommendation.
October 3, 2006
64
Commissioner Lowther inquired whether this would include a network analysis for College
Lane as well. Assistant Public Works Director Chris Mora answered affirmatively noting that they would
be looking at additional north/south roads on either side of SR 60.
The Chairman CALLED THE QUESTION and the Board by a
4-0 vote (Commissioner Wheeler absent) approved Alternative 1
authorizing the Chairman to execute Amendment No. 3 for a total
lump sum fee of $37,200.00 with Kimley-Horn and
Associates, Inc., for professional engineering and survey services,
as recommended in the memorandum of September 25, 2006. The
new contract amount is $561,340.00.
AMENDMENT NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
thth
9. Property Acquisition, 7135 66 Avenue – 66 Avenue Widening and
Improvements County Project No. 0417, Justo Manuel Hernandez &
Blanca Lleo Hernandez, Seller
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board by a 4-0 vote (Commissioner
Wheeler absent) approved Option 1, approving the transaction and
th
leaseback, allowing the 66 Avenue widening project to
commence and approved the $338,000.00 purchase, plus payment
of the pre-payment penalty not to exceed $8,947.20, and the
leaseback, and authorized the Chairman to execute the Agreement
to Purchase and Sell Real Estate and accompanying Lease, as
recommended in the memorandum of September 14, 2006.
October 3, 2006
65
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J. US-N
TILITIES ERVICES ONE
12. COUNTY ATTORNEY
A. RAREIII,LLC
EQUEST FROM DRIAN EAL STATE NVESTMENTS FOR
MNMI
ODIFICATION TO OTE AND ORTGAGE FOR NFRASTRUCTURE FOR
IRPC
THE NDIAN IVER ARK OF OMMERCE
Assistant County Attorney William DeBraal recapped prior actions taken on this matter which
included a $1.5 million loan to Adrian Real Estate Investments II, LLC, approved by the Board in May
2006 for use on infrastructure installation. Adrian has now offered to include two (2) other properties in
what they would call a “spreader mortgage”. The downside for the County is we would take third
position and on the upside there is a much larger land value involved. Attorney DeBraal restated the
recommendation, which is to consider Adrian’s proposed new spreader mortgage (as outline in the
memorandum of September 27, 2006) and keep the existing mortgage in place and unchanged.
Administrator Baird expressed, for the record, that “staff does not recommend doing this.”
Brian May
, Chief Operating Officer with Adrian Development Group, clarified certain things
for the record. He said the County is in third position behind $11 million of debt and what occurred at
their end was a mistake on their bank’s (Ocean Bank’s) part, which he explained. He wanted to offer an
amendment/revision to their request which would involve two aspects: (1) they are willing to reduce the
term from ten (10) years to six (6) years; and (2) they are also willing to convert this loan from an interest
free loan (currently) to a 5% interest rate on any portion that is outstanding. So in exchange for the
October 3, 2006
66
County taking a different risk profile Adrian Group would be willing to make those concessions in order
to move this forward.
(Clerk’s Note: Commissioner Wheeler rejoined the meeting at 3:30 p.m.)
Discussion ensued and Administrator Baird did not see the same “’upside” that the County
Attorney sees and upheld staff’s recommendation on the matter, saying that he did not think they should
weaken the County’s position with the public’s money for a 5% interest as they could lose a million
dollars. They also discussed and presented scenarios of what could happen if this falls apart completely.
Mr. May
clarified comments and defended the Group’s proposals.
Assistant County Administrator Mike Zito in support of staff’s recommendation asked why
would the bank not be attracted to additional collateral that was now being offered to the County over the
“spreader agreement”, noting that the bank should be just as attracted to it as the County and if it is right
for the County it is right for the bank.
Chairman Neuberger suggested they could postpone this until everyone had gotten together to
discuss it.
Administrator Baird responded that they have had discussions and Adrian Group did not like our
answer. He again wanted the record to reflect “… that if anything goes wrong on this one, staff did not
recommend this.”
Mr. May
understood the fundamental principle of not wanting to move from a stronger position
to a slightly less position.
Commissioner Davis understood Mr. May’s arguments, but thought they should look at whether
they were making the loan to Adrian Development to get a higher interest rate, to get the money back
October 3, 2006
67
sooner, or to force an economic development in the industrial park. Although it is for economic
development as a Commissioner he was more concerned about “the bird in the hand” which is taxpayers
millions. He felt where the backup mentions ‘recommendations’ it should read ‘options’.
Mr. May,
in his defense, informedthe Board that if they voted this down Adrian Group would
have to return the money, there would be no more loan, and they would still have to deal with restrictions
in the Park.
Chairman Neuberger thought a lot of this was over their heads, but would agree to go with his
financial advisor Administrator Baird.
Discussion ensued regarding chances of losing the money, debt coverage ratio, whether the
properties were over or under leverage and not having enough information to determine the chances of
losing the money.
Mr. May
had no problem with the matter being tabled.
MOTION WAS MADE by Commissioner Lowther, SECONDED
by Commissioner Neuberger, to table this item for 45 days.
Commissioner Wheeler wanted to make Motion to keep existing mortgage in place and leave it
unchanged, as we are not in the banking business.
Chairman Neuberger agreed they needed to take a further look at this and have more detailed
information.
The Chairman CALLED THE QUESTION and by a 3-2 vote
(Commissioners Wheeler and Bowden opposed) the Motion carried
October 3, 2006
68
to table this item for 45 days allowing staff to further study the
request and provide additional information to the Board.
13. COMMISSIONERS ITEMS
A. CAR.N,C
OMMISSIONER RTHUR EUBERGER HAIRMAN
1. Request for a Resolution Supporting a Special Session to Study and
Enact Legislation to Address the Current Insurance Crisis in Florida
Attorney Collins noted that there was a resolution from Collier County and one from Hernando
County and they were identical. He felt they could just change the name to Indian River and have the
Chairman change it without bringing it back.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2006-156 (to be prepared by the County Attorney’s
Office) supporting a Special Session to study and enact legislation
to address the current insurance crisis in Florida.
B. CGC.W,VC-N
OMMISSIONER ARY HEELER ICE HAIRMAN ONE
C. CSL.B-N
OMMISSIONER ANDRA OWDEN ONE
The County Administrator provided a “great” Request Form that Commissioner Bowden wanted
to put in use from this point on.
October 3, 2006
69
MOTION WAS MADE by Commissioner Bowden,
SECONDED by Commissioner Neuberger, to start using the
“Request Form” for public discussion items.
The form would provide more insight into what each speaker would be addressing (under
“Public Discussion Items”) thus enabling County staff to better prepare and provide more detailed
responses. Commissioner Davis did not mind using the form but did not want to make it a requirement.
The Chairman CALLED THE QUESTION and the Motion
carried 4-1 (Commissioner Davis opposed).
D. CWS.D-N
OMMISSIONER ESLEY AVIS ONE
E. CTS.L-N
OMMISSIONER HOMAS OWTHER ONE
14. SPECIAL DISTRICTS AND BOARDS
A. ESD–N
MERGENCY ERVICES ISTRICT ONE
B. SWDD-N
OLID ASTE ISPOSAL ISTRICT ONE
October 3, 2006
70
C. ECB-N
NVIRONMENTAL ONTROL OARD ONE
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 3:51 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved: _________________
AA
October 3, 2006
71