HomeMy WebLinkAbout10/07/2008 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 7, 2008
1. CALL TO ORDER.........................................................................................1
2. INVOCATION................................................................................................1
3. PLEDGE OF ALLEGIANCE.......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY
ITEMS- NONE...............................................................................................2
5. PROCLAMATIONS AND PRESENTATIONS........................................2
A. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER S - 11, 2008 AS
INDIANRIVER COUNTYFIREPREVENTION WEEK......................................................2
B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER
AS RESIDENTS' RIGHTS MONTH...................................................................................2
C PRESENTATION BY DR. EDWIN MASSEY, PRESIDENT, INDIAN RIVER .STATE
COLLEGE....................................................................................................................... 3
6. APPROVAL OF MINUTES.........................................................................3
A. REGULAR MEETING OFAUGUST 12, 2008...................................................................3
B. REGULAR MEETING OFAUGUST 19, 2008...................................................................4
1
October 7, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION -
NONE................................................................................................................4
8. CONSENT AGENDA.....................................................................................4
8.A. APPROVAL OF WARRANTS AND WIRES - SEPTEMBER 12 TO SEPTEMBER 18,
2008............................................................................................................................... 5
8.B. APPROVAL OF WARRANTS AND WIRES - SEPTEMBER 19 TO SEPTEMBER 25,
2008............................................................................................................................... 5
8.C. ISLES AT WATERWAY VILLAGE PD - PLATS IA AND 1B, REQUEST FOR
SIDEWALKEXTENSIONS, DEVELOPER: DIVOSTA HOMES, L.P..................................5
8.1). AMERICAN CANCER SOCIETY "MAKING STRIDES AGAINST BREAST CANCER
WALK"........................................................................................................................... 6
8.E. RESOLUTION IN SUPPORT OF AMENDMENT 6 - PROPOSED CONSTITUTIONAL
AMENDMENT FOR WORKING WATERFRONT PROPERTIES .......................................... 6
8.F. ELwILL ASSOCIATES INC. STORMWATER RETENTION POND, OSLO ROAD
IMPROVEMENTS PHASE II............................................................................................ 7
8.G. APPROVAL OF FINAL INVOICE AND RELEASE OF RETAINAGE FOR WORK
ORDER NO. 3 WITH HYDROMENTL4, INC., FOR ADDITIONAL ENGINEERING
SERVICES RELATED TO EGRET MARSHREGIONAL STORMWATER PARK ................... 7
8.H. WABASSO BEACH PARK RESTORATION, WORK ORDER CT -1; PROFESSIONAL
ENGINEERING SERVICES FOR FINAL DESIGN SERVICES FOR SITE PLAN, FDEP
PERMIT, UTILITIES AND PARK FACILITIES; COASTAL TECHNOLOGY
CORPORATION; NINTH AND FINAL PAYMENT FOR RELEASE OFRETAINAGE............ 8
8.I. INTERFUND BORROWING.............................................................................................. 8
8.J. APPROVAL OF BID AWARD FOR IRC BID No. 2008072, SANSEBASTL4NSPRINGS
SUBDIVISION WATER ASSESSMENT PROJECT.............................................................. 8
8.K. APPROVAL OF BID AWARD FOR IRC BID NO. 2009015, ANNUAL BID FOR
TRAFFIC SIGNAL HARDWARE AND WIRE..................................................................... 9
2
October 7, 2008
8.L. OCEAN SANDS - VERO LLC REQUEST FOR EXTENSION OF PRELIMINARY PD
PLAN APPROVAL FOR A MULTI -FAMILY RESIDENTIAL DEVELOPMENT TO BE
KNOWNAS OCEANSANDS (QUASI-JUDICL4L)............................................................10
8.M. APPROVAL OF BID AWARD FOR IRC BID NO. 2009006, ANNUAL BID FOR
ALUMINUMSIGNBLANKSAND HARDWARE...............................................................10
8.N. APPROVAL OF BID AWARD FOR IRC BID NO. 2008078, DEMOLITION OF
LENNIE Is LOUNGE BUILDING....................................................................................11
8.0. APPROVAL OF BID AWARD FOR IRC BID NO. 2009007, ANNUAL BID FOR
TRAFFICSIGNAL EQUIPMENT....................................................................................12
8.P. REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR ISLAND
CLUB OF VERO BEA CHDRAINAGEIMPROVEMENTS.................................................12
8.Q. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MPOA) AND AUTHORIZING RESOLUTION
FOR LANDSCAPE MAINTENANCE ALONG SR 60 FROM JUST WEST OF I-95
INTERCHANGE (M.P.22.389) TO JUST WEST OF 82ND AVENUE (M.P.23.923)
FM # 228628-1-52-01................................................................................................13
8.R. SERVICE AGREEMENT FOR VERO BEACH E911 PUBLIC SAFETY ANSWERING
POINT (PSAP) LOGGING RECORDER ONA SOLE SOURCE BASIS FROM REPLAY
SYSTEMS, INC..............................................................................................................14
8.S. INDIANRIVER COUNTYHEALTHDEPARTMENT, 2008/2009 FEE SCHEDULE .........15
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE....................................................................................15
10. PUBLIC ITEMS............................................................................................15
A. PUBLIC HEARINGS...................................................................................15
3
October 7, 2008
1. 129TH PLACE PETITION WATER SERVICE, A PORTION OF
INDIAN RIVER COUNTY RIVER ACRES, INDIAN RIVER
COUNTY RIVER COUNTY PROJECT NO. UCP -2953,
RESOLUTION III (LEGISLATIVE)........................................................15
10.A.2. PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING
AN ORDINANCE TO AMEND CHAPTER 105. PURCHASING,
VOLUME I, CODE OF ORDINANCES, INDIAN RIVER
COUNTY, FLORIDA (LEGISLATIVE)..................................................17
10.B. PUBLIC DISCUSSION ITEMS.................................................................18
1. REQUEST TO SPEAK FROM DAVID COX, PELICAN ISLAND AUDUBON,
REGARDINGMARINEADVISORYNARROWs WATERSHEDACTIONCOMMITTEE ...... 18
10 B.2. REQUEST TO SPEAK FROM FREDDIE L. WOOLFORK REGARDING
GIFFORD AQUATIC CENTER (S) POINT PLAN............................................................20
10.B.3. REQUEST TO SPEAK FROM BRL4N HEADY REGARDING
EXPENDITURE OF OUR TAX DOLLARS.......................................................................24
10.C. PUBLIC NOTICE ITEMS..........................................................................24
1. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 14,2008: ............................ 24
RYALL ACQUISITION GROUP, LLC'S REQUEST TO REZONE APPROXIMATELY 585.57
ACRES FROM A-1, AGRICULTURAL I (UP TO 1 UNIT15 ACRES), RS -3,
RESIDENTIAL SINGLE-FAMILY (UP TO 3 uNITS/ACRE), RM -3, RESIDENTIAL
MULTI -FAMILY (UP TO 3 ummlACRE), RM -6, RESIDENTIAL MULTI -FAMILY
(UP To 6 ummlACREs), RM -8, RESIDENTL4L MULTI -FAMILY (UP To 8
UNITS/ACRE), AND CON 2, ESTUARINE WETLAND CONSERVATION DISTRICT
TO PLANNED DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN
(PDTND) AND OBTAIN CONCEPTUAL PLANNED DEVELOPMENT PLAN
APPROVAL FOR A PROJECT TO BE KNOWNAS LIBERTYPARK (LEGISLATIVE)......... 24
4
October 7, 2008
11. COUNTY ADMINISTRATOR'S MATTERS - NONE .......................... 25
12. DEPARTMENTAL MATTERS.................................................................25
12.A. COMMUNITY DEVELOPMENT - NONE.............................................25
12.B. EMERGENCY SERVICES - NONE.........................................................25
12.C. GENERAL SERVICES - NONE................................................................25
12.D. HUMAN RESOURCES - NONE................................................................25
12.E. HUMAN SERVICES - NONE....................................................................25
12.F. LEISURE SERVICES - NONE..................................................................25
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ......................25
12.H. RECREATION - NONE.............................................................................25
12.I. PUBLIC WORKS.........................................................................................25
1. 43RDAVENUE WIDENING UPDATE..............................................................................26
12.J. UTILITIES SERVICES - NONE...............................................................29
1. REPLACEMENT OF 24" FORCE MAIN ON 1 STH AVENUE FROM OSLO ROAD TO
MASTER IN-LINE PUMP STATIONNO. 89 — UCP No. 3096 .......................................29
5
October 7, 2008
12..12. REQUEST CLARIFICATION AND DIRECTION FOR SERVING UTILITIES
AND SOLID WASTE TO THE CITY OF FELLSMERE......................................................30
13. COUNTY ATTORNEY...............................................................................31
A. OCULINA BANK REQUEST TO COMPROMISE LIEN ..................................................... 31
13.B. DEVELOPER AGREEMENT WITHINDIANRIVER FEDERAL CREDIT UNIONAND
EL WILL ASSOCIATES, INC...........................................................................................32
14. COMMISSIONERS ITEMS.......................................................................33
A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN - NONE ..33
B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN .............34
1. DRAFT LETTER TO OWNERS TO GAUGE INTEREST IN AN MSBU FOR ROAD
IMPROVEMENTS.......................................................................................................... 34
2. MARRIAGE PROTECTIONAMENDMENT......................................................................35
14.C. COMMISSIONER JOSEPH E. FLESCHER - NONE ........................... 36
1K1 L31.11101I 01 SII Il �l i �ii:3 •/�►Q.i`[� i �'!
E. COMMISSIONER GARY C. WHEELER - NONE...............................37
15. SPECIAL DISTRICTS AND BOARDS....................................................37
A. EMERGENCY SERVICES DISTRICT -NONE ...................................37
G
October 7, 2008
B. SOLID WASTE DISPOSAL DISTRICT - NONE..................................37
16. ADJOURNMENT.........................................................................................37
October 7, 2008
October 7, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, October 7, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley
S. Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Commissioner Wesley S. Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher led the Pledge of Allegiance to the Flag.
October 7, 2008 1
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY
ITEMS - NONE
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION DESIGNATING OCTOBER S —11.
2008 AS INDIANRIVER COUNTYFIRE PREVENTION WEEK
Vice Chairman Davis read and presented the Proclamation to Fire Marshall
Brian Nolan, who on behalf of the Fire Rescue team and support personnel, thanked the Board
for the recognition. Mr. Nolan reinforced the need for pool and fire safety, and brought
awareness to the number of children who die each year from drowning or house fire.
B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
OCTOBER AS RESIDENTS' RIGHTS MONTH
Commissioner Wheeler read and presented the Proclamation to Advanced
Registered Nurse Practitioner Ruth Rathburn, who, on behalf of her organization, thanked the
Board for the recognition.
Vice Chairman Davis lauded the invaluable assisted living services provided by
the Ombudsman's Program.
October 7, 2008 2
C. PRESENTATION BY DR. EDWIN MASSEY. PRESIDENT. INDL4N RIVER
STATE COLLEGE
Dr. Edwin Massey, thanked the Board for its support and through a PowerPoint
Presentation announced that the Indian River Community College is now named "Indian River
State College", and are continuing with all in-house programs. He gave a brief history of the
employment status of the College; outlined the educational history and future goals; highlighted
the graduate count and number of colleges throughout the State; and disclosed the amount
granted in financial aid. He also announced that they are a registered and accredited College,
now offering four-year Bachelor's Degree programs.
Chairman Bowden thanked the College for its leadership in this community and
throughout the State, while Commissioner O'Bryan, commenting on the parking issue, disclosed
that our MPO staff Phil Matson, was working on a Grant for our transit system to fund a route
that would connect the Indian River campus to the main campus.
6. APPROVAL OF MINUTES
A. REGULAR MEETING OFAUGUST 12.2008
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of August 12, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Minutes of the regular meeting of August
12, 2008, as written.
October 7, 2008 3
B. REGULAR MEETING OFAUGUST 19. 2008
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of August 19, 2008. There were none.
ON MOTION by Commissioner Flescher,
SECONDED by Vice Chairman Davis, the Board
unanimously approved the Minutes of the Regular
Meeting of August 19, 2008, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REOUIRING BOARD ACTION -
NONE
8. CONSENT AGENDA
Commissioners O'Bryan and Flescher asked to pull Item 8.Q., for discussion.
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Consent Agenda, as amended.
October 7, 2008 4
8.A. APPROVAL OF WARRANTS AND WIRES — SEPTEMBER 12 TO
SEPTEMBER 18, 2008
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved the list of Warrants and Wires as issued by
the Clerk to the Board for the time period of
September 12, 2008 to September 18, 2008, as
requested in the memorandum dated September 18,
2008.
8.B. APPROVAL OF WARRANTS AND WIRES — SEPTEMBER 19 TO
SEPTEMBER 2S, 2008
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved the list of Warrants and Wires as issued by
the Clerk to the Board for the time period of
September 19, 2008 to September 25, 2008, as
requested in the memorandum dated September 25,
2008.
8.C. ISLES AT WATERWAY VILLAGE PD — PLATS IA AND IB. REQUEST
FOR SIDEWALKEXTENSIONS. DEVELOPER: DIVOSTA HOMES. L.P.
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved the sidewalk expansion for an additional two
October 7, 2008 5
years (to July 18, 2010), and authorized the Chairman
to execute each Modification to Contract for
Construction of Required Sidewalk Improvements
with DiVosta Homes, L.P., as recommended in the
memorandum dated September 30, 2008.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. AMERICAN CANCER SOCIETY "MAKING STRIDES AGAINST BREAST
CANCER WALK"
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved Resolution 2008-165 in support of the
American Cancer Society Making Strides Against
Breast Cancer Walk.
8.E. RESOLUTION IN SUPPORT OF AMENDMENT ()
CONSTITUTIONAL AMENDMENT FOR WORKING
PROPERTIES
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved Resolution 2008-166 in support of
Constitutional Amendment No. 6, Article VII, Section
4, Article XII, new section bearing the Ballot Title of
"Assessment of Working Waterfront based upon
October 7, 2008 6
— PROPOSED
WATERFRONT
current use" on the November 4, 2008 General
Election Ballot.
8.F. ELWILL ASSOCIATES INC. STORMWATER RETENTION POND. OSLO
ROAD IMPROVEMENTS PHASE II
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved Alternative No. 1, the $293,580.00 purchase,
and authorized the Chairman to execute the
Agreement, as recommended in the memorandum of
September 17, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. APPROVAL OF FINAL INVOICE AND RELEASE OF RETAINAGE FOR
WORK ORDER NO. 3 WITH HYDROMENTIA, INC.. FOR ADDITIONAL
ENGINEERING SERVICES RELATED TO EGRET MARSH REGIONAL
STORMWATER PARK
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved and authorized the payment of
Hydromentia's Final Invoice No. IRC -2008-5
(including release of retainage), in the amount of
$3,800.00, as recommended in the memorandum of
September 23, 2008.
October 7, 2008 7
8.K WABASSO BEACH PARK RESTORATION. WORK ORDER CT -1;
PROFESSIONAL ENGINEERING SERVICES FOR FINAL DESIGN
SERVICES FOR SITE PLAN, FDEP PERMIT, UTILITIES AND PARK
FACILITIES; COASTAL TECHNOLOGY CORPORATION. NINTH AND
FINAL PAYMENT FOR RELEASE OF RETAINAGE
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved the release of retainage to Coastal
Technology Corporation, in the amount of $4,779.71,
as recommended in the memorandum of September
24, 2008.
8.L INTERFUND BORROWING
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
granted approval for interfund borrowing, as
necessary, to cover any cash deficits of individual
funds that may occur, as recommended in the
memorandum dated October 1, 2008.
8.J. APPROVAL OF BID AWARD FOR IRC BID NO. 2008072, SAN
SEBASTIAN SPRINGS SUBDIVISION WATER ASSESSMENT PROJECT
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously:
(1) approved the Bid Award to Derrico Construction
October 7, 2008 8
Corporation, as the lowest most responsive and
responsible bidder, meeting the specifications as set
forth in the Invitation to Bid; (2) approved the Sample
Agreement, and (3) authorized the Chairman to
execute said Agreement after the required performance
and payment bonds, along with the appropriate
certificate of insurance, have been received and once
the County Attorney has approved the agreement as to
form and legal sufficiency, all as recommended in the
memorandum dated September 26, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. APPROVAL OF BID AWARD FOR IRC BID NO. 2009015, ANNUAL
BID FOR TRAFFIC SIGNAL HARDWARE AND WIRE
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously:
(1) approved the Bid Award to American Wire Group,
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, 2008
through September 30, 2009 with the recommended
bidder; (3) authorized the Purchasing Manager to
renew this Bid for two (2) additional one (1) year
periods, subject to satisfactory performance, vendor
acceptance, and the determination that renewal of this
October 7, 2008 9
annual Bid is in the best interest of Indian River
County, all as recommended in the memorandum of
September 26, 2008.
8.L. OCEAN SANDS — VERO LLC REQUEST FOR EXTENSION OF
PRELIMINARY PD PLAN APPROVAL FOR A MULTI -FAMILY
RESIDENTIAL DEVELOPMENT TO BE KNOWN AS OCEAN SANDS
(OUASI-JUDICIAL)
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved Ocean Sands -Vero LLC's request for a one-
year extension of the site plan for Ocean Sands PD,
with all original approval conditions to remain in
effect, and the new site plan approval expiration date
will be September 13, 2009, as recommended in the
memorandum dated September 17, 2008.
8.M. APPROVAL OF BID AWARD FOR IRC BID NO. 2009006. ANNUAL
BID FDR ALUMINUM SIGN BLANKS AND HARDWARE
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously:
(1) approved the Bid Award to Custom Products
Corporation, 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
October 7, 2008 10
blanket Purchase Orders or individual job Purchase
Orders, for the period of October 1, 2008 through
September 30, 2009 with the recommended bidder;
and (3) authorized the Purchasing Manager to renew
this Bid for two (2) additional one (1) year periods,
subject to satisfactory performance, vendor
acceptance, and the determination that renewal of this
annual Bid is in the best interest of Indian River
County, all as recommended in the memorandum of
September 26, 2008.
8.N. APPROVAL OF BID AWARD FOR IRC BID NO. 2008078,
DEMOLITION OF LENNIE Is LOUNGE BUILDING
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Bid Award to Harry's Haul, Inc., as the
lowest most responsive and responsible bidder,
meeting the specifications as set forth in the Invitation
to Bid; and approved the issuance of a Purchase Order
after receipt of the appropriate Certificate of Insurance,
as recommended in the memorandum dated September
30, 2008.
October 7, 2008 11
B.O. APPROVAL OF BID AWARD FOR IRC BID NO. 2009007. ANNUAL
BID FOR TRAFFIC SIGNAL EO UIPMENT
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously:
(1) approved the Award of all items to Traffic Parts,
Inc., as the lowest and most responsive bidder,
meeting the specifications as set forth in the Invitation
to Bid; (2) authorized the Purchasing Division to issue
blanket Purchase Orders, for the period of October 1,
2008 through September 30, 2009 with the
recommended bidder; and (3) authorized the
Purchasing Manager to renew this Bid for two (2)
additional one (1) year periods, subject to satisfactory
performance, vendor acceptance, and the
determination that renewal of this annual Bid is in the
best interest of Indian River County, all as
recommended in the memorandum of September 26,
2008.
B.P. REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR
ISLAND CL UB OF VERO BEACH DRAINAGE IMPROVEMENTS
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved Alternative No. 1, the Cut and Fill Balance
Waiver request from Carter Associates, Inc., as
October 7, 2008 12
recommended in the memorandum of September 30,
2008.
8.0. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
MAINTENANCE MEMORANDUM OF AGREEMENT (MPOA) AND
AUTHORIZING RESOLUTION FOR LANDSCAPE MAINTENANCE
ALONG SR 60 FROM JUST WEST OF 195 INTERCHANGE
(M.P.22.389) TO JUST WEST OF 82" AVENUE (M.P.23.923) FM #
228628-1-52-01
Commissioner O'Bryan was concerned with the type of vegetation in the median
and the maintenance required to keep it looking good, particularly on State Road 60, one of the
main gateways to our County. He questioned how much control was in this contract for anti -
weed measures and in selecting the actual landscape plan, to ensure low maintenance, and low
water consumption.
Assistant Public Works Director Chris Mora assured him that staff has worked
very closely with the Department of Transportation (DOT) on this portion of landscaping for SR
60, and has the option to return the contract for revision if they disagreed with some of the
provisions.
Commissioners discussed other alternatives for providing the landscaping and how
they could reduce cost. They also thought they should seek ideas on how to reduce water
dependency, among other things, for our medians and landscaping.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Vice Chairman Davis, under
discussion, to deny staff's recommendation for
approval of Alternative 1, and to direct staff to look at
October 7, 2008 13
other options and return this matter to the Board for
further review and consideration.
Vice Chairman Davis wondered, in light of the Memorandum of Agreement with
DOT, what position that would place the County in, and whether it puts us in a situation where
we are under a time constraint to even talk about the landscape issue.
Director Mora clarified that this is a maintenance agreement that simply sets
forward the fact that the County will agree to maintain the landscaping, and it does not mean that
we do not have time to make some changes to it.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board denied staff's
recommendation, and directed staff to look at other
options and return to the Board with its findings for
further consideration.
8.R. SERVICE AGREEMENT FOR VERO BEACH E911 PUBLIC SAFETY
ANSWERING POINT (PSAP) LOGGING RECORDER ON A SOLE
SOURCE BASIS FROM REPLAYSYSTEMS. INC.
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Service Maintenance Agreement with
Replay Systems, Inc., at a cost of $2,366.99, as
recommended in the memorandum of September 11,
2008.
October 7, 2008 14
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. INDIAN RIVER COUNTY HEALTH DEPARTMENT. 2008/2009 FEE
SCHEDULE
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved Resolution 2008-167 to adopt a 2008/2009
Fee Schedule for the Indian River County Health
Department.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES — NONE
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. 129TH PLACE PETITION WATER SERVICE, A
PORTION OF INDIAN RIVER COUNTY RIVER ACRES,
October 7, 2008 15
INDIAN RIVER COUNTY RIVER COUNTY PROJECT NO.
UCP -2953, RESOLUTION III (LEGISLATIVE)
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, recapped the backup
memorandum dated September 24, 2008 and reminded the Board that on September 9, 2008,
they approved Resolutions I (2008-121) and Resolution II (2008-122) for the subject water
service project. He provided further details on the project, noting that the design has been
completed by Utilities staff and they are now ready to begin the assessment process associated
with the project. He thereafter presented staff's recommendation for approval of Resolution III,
which affirms the preliminary assessment roll on the subject property.
The Chairman opened the Public Hearing. There were no speakers and the
Chairman closed the Public Hearing.
ON MOTION by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, the Board
unanimously approved Resolution 2008-168
confirming the Special Assessments in connection
with water main expansion to 129th Place (a portion of
Indian River Acres) in Indian River County, Florida;
and providing for Special Assessment Liens to be
made of record.
October 7, 2008 16
10.A.2. PUBLIC HEARING FOR THE PURPOSE OF
CONSIDERING AN ORDINANCE TO AMEND CHAPTER 105.
PURCHASING, VOLUME I, CODE OF ORDINANCES,
INDIAN RIVER COUNTY, FLORIDA (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
General Services Director Tom Frame recapped the backup memorandum dated
September 30, 2008 and informed the Board that most of the existing language contained in
Chapter 105 of the County's Code has remained unchanged since 1990, with some exceptions.
That has resulted in the Purchasing Code being severely outdated and has caused extra steps and
requirements that in today's economy costs more than we receive in value or protection. He
outlined the changes in the Performance Bond, and recommended that the Board consider the
proposed changes to the Ordinance, open the Public Hearing, take public comments, close the
Public Hearing and adopt the proposed Ordinance.
The Chairman opened the Public Hearing. There were no other speakers and the
Chairman closed the Public Hearing.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Flescher, under
discussion, to approve staff's recommendation.
Vice Chairman Davis' gathered from Director Frame's comments that because of
some of the bonding requirements, the "little guy" in our community can now compete for some
of these smaller projects, which had not been the case in the past.
October 7, 2008 17
The Chairman CALLED THE QUESTION and the
motion carried unanimously. The Board approved
Ordinance 2008-016 amending certain provisions of
Chapter 105, the County's Purchasing Ordinance;
providing findings; amending Sections 105.01 and
105.02 of the Code to clarify the authority of the
County Administrator; amending Section 105.04 to
change the Payment and Performance Bond
requirement threshold from $25,000 (Twenty-five
Thousand Dollars) to $100,000 (One Hundred
Thousand Dollars) and to clarify certain provisions
concerning Bid Bonds and bidders in default to the
County; creating a new section to adopt an
environmentally preferred procurement policy;
providing for repeal of other conflicting Ordinances;
providing for inclusion in the Code of Ordinances of
Indian River County; providing for filing with the
Department of State; and providing an effective date.
10.B. PUBLIC DISCUSSION ITEMS
I. REQUEST TO SPEAK FROM DAVID COX, PELICAN ISLAND
AUDUBON, REGARDINGMARINEADVISORYNARROWS WATERSHED
ACTION COMMITTEE
Mr. David Cox, gave a brief background on the formation of the Marine Advisory
Board and highlighted its lack of activities since inception. He, in an effort to reinvent the
Marine Advisory and Narrows Watershed Action Committee (MANWAC), asked the Board to
October 7, 2008 18
consider the four (4) recommendations presented on page 230 of the backup, to restore the
effectiveness of the MANWAC.
Mr. Cox recommended that the MANWAC Board be reconstituted with additional
members, a second representative from a local environmental group, and one from the City of
Sebastian be added to the Board, and that representation from government agencies be
eliminated. He asked the Board of County Commissioners to direct staff to draft a resolution
repealing Resolution 2003-013 and for it to be brought back to Board for consideration and
approval.
Board members discussed the possibility of a duplication of services; contemplated
the need for this Committee; and wondered if the committee could be merged with another
agency.
MOTION WAS MADE by Commission O'Bryan,
Seconded by Commissioner Wheeler, to instruct staff
to address the four conditions presented by Dr. Cox,
with the exception that we include the governmental
agencies and not eliminate them, and go with his
recommendations from his September 23rd Motion,
which included the St. John's River Water
Management District, the Sebastian River, the Florida
Department of Environmental Protection, and the U.S.
Fish and Wildlife Service. .
Vice Chairman Davis sought clarity on whether the Motion was to keep the
October 7, 2008 19
Committee with the modifications stated, and upon an affirmative acknowledgement, voiced his
non-support of the Motion, and thought they could rework the MANWAC by merging with
another functional committee.
Commissioner Wheeler felt perhaps now was the time to re-evaluate all our
committees, and suggested staff bring this matter back at a later date.
The Chairman CALLED THE QUESTION and by a
3-2 vote (Commissioners Davis and Flescher opposed)
the Motion carried, approving the recommendations of
Mr. Cox for the reconstitution of the MANWAC, with
the exception that we include the governmental
agencies and not eliminate them, and directing staff to
draft a resolution that repeals Indian River County
Resolution 2003-131 and return to the Board for
further consideration.
10.B.2. REOUEST TO SPEAK FROM FREDDIE L. WOOLFORK REGARDING
GIFFORD AQUATIC CENTER (S) POINT PLAN
Mr. Freddie Woolfork, 4590 57th Avenue, presented for Board consideration a
5 -Point Plan for keeping the Gifford Aquatic Center open during the winter months. The
"Continuum Plan of Action" proposed:
- an increase in all facets of community involvement at the pool to enhance
community support;
- to increase the level of marketing/publicity for the pool's operation and
activities to the general public;
- to increase the activities and the programmatic layout at the pool;
October 7, 2008 20
- to change the hours, days of the week, and monthly operational schedule for
service at the pool; and
- to increase the overall attendance at the Gifford Aquatic Center.
The Plan also included ideas on how to bridge the gap for those who cannot pay the fee to enter
the Center, as well as ideas for raising funds for the Center. He concluded by thanking the
donors who made the opening of the pool possible.
Commissioner Flescher recalled that he had made several recommendations and
Motions to keep the pool open, and believed this 5 -point Plan is what was lacking. He
encouraged a commitment from area residents to honor attendance to keep the pool open.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Wheeler, under
discussion, to re -open the Gifford pool at the next
available date, based on the proposed 5 -Point Plan, the
commitment of the community, and with funding from
the contingency funds.
Commissioners debated whether to use contingency funds, versus using funds
from the North County Pool, or from the entire Recreation budget. They also desired to have a
cap on the proposed $28,000.00 funding.
Administrator Baird cautioned about haste, and requested that he be given time to
look over the budget and return to the Board with a plan.
October 7, 2008 21
Discussion ensued regarding using contingency funds and the possibility that such
action could result in the elimination of employees, and Commissioner Wheeler did not want to
see an employee get cut to facilitate this program.
There was a CONSENSUS to bring the matter back on the next Board Agenda.
While Commissioner O'Bryan expressed his non-support of the request,
Commissioner Flescher advocated the consideration and approval of the 5 -point plan, pointing
out the usefulness of the pool in the community. Chairman Bowden highlighted the importance
of attendance for the Plan to work.
John Mitchell, Indian River Shores, a member of a foundation that has
contributed a significant amount of money to the subject pool, urged the Board to keep the pool
open, citing the amount of money contributed to this effort by the community.
Chairman Bowden asked Recreation Director Cliff Crawford to clear up the
misunderstanding about the heater at the pool. Mr. Crawford gave a brief history of the well that
was constructed at approximately 60 feet deep and was not sufficient to maintain a constant
water flow from the time the pool was originally constructed. He said the problem should be
corrected soon and the pool will have heating. Administrator Baird clarified how funding was
made available for the pool.
Commissioner O'Bryan and Mr. Mitchell engaged in discussion regarding hours of
operation of the pool and Mr. Mitchell argued that if hours were being eliminated at the Gifford
Pool, they ought to consider doing the same thing at the North County Pool to avoid division in
the County.
October 7, 2008 22
Chairman Bowden dismissed rumors of racial discrimination and spoke of the
collaborative efforts with Gifford over the years.
Mr. Mitchell expressed appreciation of the Chairman's work and support for the
community, as well as that of other Commissioners.
Godfrey Gibson, 4136 57th Court, addressed Commissioner O'Bryan's
comments regarding taxpayers, and the lack of use of the pool during the winter months. He
acknowledged that the pool would close at some time, but begged for flexibility to negotiate
opening and closing hours. He alluded to a $16,000.00 over budget allocation for the North
County pool, and the Budget Director clarified that the North County pool did not get $16,000.00
more than they asked for, they got a $16,000.00 increase over the previous year.
Peggy Thompson, 2307 Seville Avenue, in response to Commissioner O'Bryan's
concerns, stated that the hours of operation were not set in stone and were negotiable. She then
offered and handed to Commissioner Flescher an undisclosed contribution.
Reverend Dr. Crystal Bujol, 8 Vista Gardens Trail, Unit 102, felt they were
being scolded for asking the Board to take a fair and equitable look at this budget. She thought
that fairness would be to cut the North County Pool (21%), the same as Gifford. She stated that
for years Gifford has been a "front porch" community, underserved and economically deprived,
so titled by the State of Florida because Gifford was under -represented, among other things. She
highlighted some of the activities at the Gifford pool, which included teaching kids to be
lifeguards.
The Chairman called a break at 1-1:09 a.m., and reconvened the Meeting at 11:24 a.m.,
with all members present.
October 7, 2008 23
Commissioner Flescher restated the Motion.
The Chairman CALLED THE QUESTION and by a 4-
1 vote (Commissioner O'Bryan opposed), The Board
approved to re -open the Gifford pool at the earliest
convenience, using contingency or recreation funds
not -to -exceed $21,000.00, at the altered hours, during
the winter months.
10.B.3. REOUEST TO SPEAK FROM BRIAN HEADY REGARDING
EXPENDITURE OF OUR TAXDOLLARS
Mr. Brian Heady was absent.
10.C. PUBLIC NOTICE ITEMS
I. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 14,2008:
RYALL ACQUISITION GROUP, LLC'S REQUEST TO REZONE
APPROXIMATELY 585.57 ACRES FROM A -I. AGRICULTURAL I (UP
TO I UNIT/S ACRES), RS -3, RESIDENTIAL SINGLE-FAMILY (UP TO 3
UNITS/ACRE), R1MI-3, RESIDENTIAL MULTI -FAMILY (UP TO 3
UNITS/ACRE). RM -6, RESIDENTIAL MULTI -FAMILY (UP TO 6
UNITS/ACRES). RM -8. RESIDENTIAL MULTI -FAMILY (UP TO 8
UNITS/ACRE), AND CON -2, ESTUARINE WETLAND CONSERVATION
DISTRICT TO PLANNED DEVELOPMENT TRADITIONAL
NEIGHBORHOOD DESIGN (PDTND) AND OBTAIN CONCEPTUAL
PLANNED DEVELOPMENT PLAN APPROVAL FOR A PROJECT TO BE
KNOWNAS LIBERTYPARK (LEGISLATIVE)
October 7, 2008 24
The Chairman read the Notice into the record.
11. COUNTY ADMINISTRATOR'S MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12.C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
12.I. PUBLIC WORKS
October 7, 2008 25
1. 43"AVENUE WIDENING UPDATE
Assistant Public Works Director Chris Mora, through a PowerPoint Presentation,
provided background, which included a history of the 43rd Avenue widening, the status of
roadway construction plans and designs, the status of right-of-way acquisition, and the impact on
property owners. He also reminded the Board of prior actions on the matter and pointed out that
no right-of-way is needed from Mr. Brown's property, only a 10 -foot temporary construction
easement.
Commissioner Wheeler's question of whether staff realistically believed the schedule
presented, led to discussion regarding the commencement and duration of construction for 58th
Avenue versus State Road 60 (SR 60).
Vice Chairman Davis's question of how the temporary construction easement would
affect Mr. Brown's property prompted a response from Director Mora who stated that the hedge
would have to be temporarily removed and would be replaced.
Everette Brown, 43rd Avenue, in defense of his property rights, opposed the temporary
construction easement, which he said would fall within 20 feet of his bedroom, and with the
actual road being 45 feet away. He cited significant impact to his home in the form of structural
cracks, vibration, noise, dust, and debris, and thought the safety issue would be quite
considerable.
Mr. Brown requested that all Murphy Reservations along 43rd Avenue be released, as
was done on 66th Avenue and should be Countywide, to which Commissioners Wheeler and
Davis agreed. Mr. Brown questioned whether a study was done regarding the impact to
homeowners and cited the lack of notice to homeowners of their right to legal representation
before they signed a contract. He said he was not even aware of the start and end date of
construction and found the method used by the County to acquire property, unconscionable.
October 7, 2008 26
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, to direct staff
to bring the Murphy Deed back countywide.
Commissioner Wheeler thought it was unfair to the rest of the County. Vice Chairman
Davis said he would Seconded the Motion with the caveat "if individuals were not aware of the
Murphy Deed."
Chairman Bowden saw the need for research because of the cost factor, and
Commissioner Wheeler did not care about the cost factor, but fairness.
Attorney Collins assured the Board that the County possesses data on the Murphy
reservations and explained the reason the research was done in the 1990s.
Based on comments by and discussion with Attorney Collins, Commissioner Wheeler
restated his Motion as follows:
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, to direct staff
to bring this matter back with research, at a fixed date,
for Board review and consideration.
Mr. Brown pointed out that the County had already agreed and set a precedent by
releasing the reservations on 66th Avenue, and questioned how they could fail to apply the same
to 43rd Avenue. He believed that in all fairness the County has to do the same for 43rd Avenue.
Adrienne Cuffe, 695 43rd Avenue, asked if there was a time -frame on the
October 7, 2008 27
construction easement, because her neighbor had signed a contract under the impression it would
be a three -lane and not a four -lane road. She addressed the matter of notice to homeowners
regarding workshops on the subject and expressed a desire to see, in the next presentation from
staff, computer graphics of a stretch of the road, with medians, a turn lane, and how U-turns
would be handled.
Director Mora addressed some of Ms. Cuffe's concerns, and offered to meet with
her and show her the plans. Public Works Director Jim Davis informed the Board that there are
19 parcels with Murphy Acts along 43rd Avenue, and temporary construction easements were
needed for most of them.
Bob Johnson, Coral Wind Subdivision, was surprised to see that 43rd Avenue has
been divided into four different segments. He asked that the Board be not confused when talking
about different segments of 43rd Avenue, and hoped the Commission would reconsider going
back to the 3 -laving.
Doug Cuffe, 43rd Avenue, would like to see studies re -done on the amount of cars
on the road, and would appreciate if the streetlights are removed from the pictures given out,
because he was told they could not be put in.
Administrator Baird, in response to Ms. Cuffe's remarks concerning the appraisal
and purchase price for Liberty Lounge, said an appraisal was done on Lennie's and they were
paid slightly above the appraisal. Vice Chairman Davis added that there could be a big
difference between assessed values from Property Appraiser.
October 7, 2008 28
Ms. Cuffe asked how the process was determined for residents, and what fair and
equitable value was accorded to residents when their properties were being purchased. Vice
Chairman Davis informed her that the same methods were used for residential, typically
comparable sales.
Attorney Collins repeated the Motion for staff to return to the Board with Murphy
Reservation information as to location and value, as best they could.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed staff
to bring this matter back with research, at a fixed date,
for Board review and consideration.
12.J. UTILITIES SERVICES - NONE
I. REPLACEMENT OF 24" FORCE MAIN ON I STH AVENUE FROM OSLO
ROAD TO MASTER IN-LINE PUMP Sn noNNO. 89 - UCP No. 3096
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the total estimated cost for the project of
$229,972.15 for labor and materials, and authorized
the Chairman to execute Work Authorization No.
2007-018 with Derrico Construction Corporation for
$127,869.28, as recommended in the memorandum of
September 16, 2008.
October 7, 2008 29
WORK AUTHORIZATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.12. REOVEST CLARIFICATION AND DIRECTION FOR SERVING
UTILITIES AND SOLID WASTE TO THE CITY OF FELLSMERE
Utilities Director Erik Olson briefed the Board on the cities served by the County,
which include the unincorporated areas and the City of Sebastian, and does not serve the City of
Vero Beach, and the City of Fellsmere Wastewater Utilities, but not for water. They do,
however, have an emergency inter -connect with the City of Fellsmere. He asked for Board
direction of whether staff should enter into discussions with Fellsmere for the provision of water
and sewer services, pointing out that if the Board were to instruct staff as requested, Fellsmere
would be perceived as any other developer as far as impact fees go.
Vice Chairman Davis thought this was long overdue, and was more comfortable
with negotiations between Fellsmere and County than between Fellsmere and Palm Bay. He was
in favor of consolidating services wherever we could and believed taxpayers would be better
served by one utility serving City and County.
Fellsmere City Manager Jason Nunemaker agreed with Vice Chairman Davis and
remarked that when looking at the CDM report sometime ago, it seemed the obvious conclusion
would be that long-term planning would dictate a more regional approach to water resource
delivery, and they are definitely an advocate for that. He assured the Board that the discussions
they have had with Palm Bay were just discussions, and it was never envisioned that it would be
possible to have a partnership there that would service the subject areas.
Commissioner O'Bryan thought Fellsmere had signed an MOU with Palm Bay, in
particular, to provide water to the Fellsmere Joint Venture properties to the west, and Mr.
Nunemaker gave details of the Joint Planning Agreement, stating that apart from sharing data on
October 7, 2008 30
future needs analysis, they have not in any way committed anything as far as their service area;
they have not given any guarantees that they could have the service area; and they have not made
any agreements about who would be providing services, such as water.
Commissioner O'Bryan felt this should be wrapped into the Interlocal Service Boundary
Agreement we are currently negotiating and let staff work on it through that process.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Commissioner Wheeler echoed the comments of other Commissioners and expressed his
support for the request.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved and
directed staff to proceed with negotiating with the City
of Fellsmere for the provision of water and sewer
service to the City by Indian River County, as
recommended in the memorandum of September 29,
2008.
13. COUNTY ATTORNEY
A. OCULINA BANKREQUEST TO COMPROMISE LIEN
Attorney Collins recapped the backup memorandum dated October 1, 2008 and
provided background on the matter of a foreclosure suit filed in February 2008, against Lot 13
Surfside Estates, the Lewis Barton property, with the County as a Defendant. He reminded the
October 7, 2008 31
Board of prior actions and subsequent Court actions on the matter, and presented staff's
recommendation to reject Oculina's contingent offer of $25,000, and to advise if they would
accept some higher contingent offer. The County attorney would not be in favor of a higher
offer.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Vice Chairman Davis, under
discussion, to approve Option 1, staff's
recommendation to reject Oculina's contingent offer of
$25,000.00.
Vice Chairman Davis questioned the ownership of the first secured mortgage, and
whether Oculina or the County was first in line for the lien, and Attorney Collins informed him
that the County was first in line. In light of that response, Vice Chairman Davis felt taxpayers
are well secured and we are better off staying where we are.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board rejected
Oculina's contingent offer of $25,000.00, as
recommended in the memorandum of October 1, 2008.
B.B. DEVELOPER AGREEMENT WITH INDIAN RIVER FEDERAL CREDIT
UNIONAND EL WILL ASSOCIATES, INC.
Deputy County Attorney Bill DeBraal provided background informing the
Board that Elwill Associates own property that the County needs to cross to provide drainage for
the Oslo Road improvements. He reminded the Board of its prior approval, under the Consent
Agenda, of the purchase of the Elwill property for construction of a drainage pond for the Oslo
October 7, 2008 32
Road improvements. This request is an exchange agreement whereby Elwill Associates grant the
County a drainage Easement to facilitate the County running a pipe underground to get to the
drainage pond and in turn when we excavate the fill from the drainage pond, it would be
provided to Elwill & Associates for construction of their buildings.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, to approve
staff's recommendation.
Commissioner O'Bryan asked if Elwill would take the excavations, no questions
asked, and Attorney DeBraal replied affirmatively.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved the
Developer's Agreement with Elwill & Associates,
Inc., as recommended in the memorandum of
September 19, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONERS ITEMS
A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -
NONE
October 7, 2008 33
B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN
I. DRAFT LETTER TO OWNERS TO GAUGE INTEREST IN AN MSB U
FOR ROAD IMPROVEMENTS
Vice Chairman Davis informed the Board that Mr. Scannell has requested that his
road be graded through the County's Petition Grading Program, and stated that the subject road
has been brought up to County standards. Vice Chairman Davis wished to see those roads
incorporated on the grading list, and he asked for Board approval of the draft letter for
conceptual approval to send same to property owners on 87th Street.
Attorney Collins in response to Vice Chairman Davis stated that the subject area
did not have an Association, but they had filed a Declaration of Covenants Restrictions and
Obligations for roadway maintenance that created easements for ingress and egress on four roads
in the area (85th, 87th, 89th and 90 Streets) and it apportioned responsibility for maintenance of
the roads to the owners of the properties adjacent to those roads.
Vice Chairman Davis said his first Motion would be to direct staff to visit the area
to see if they met the criteria of our Petition Grading Program, and if they do, to have them
added to our grading list.
Commissioner Flescher said he would support that Motion, and Administrator Baird
cautioned about making decisions because of the similarity to the Murphy Deed. He suggested
staff brings this back with a report.
Mr. Scannell argued the concept of an MSBU, which is to construct a road where there
is none or to substantially improve a road where there is a deficiency. He pointed out that
neither was the case with his road and it did not need to be substantially improved, but needed to
be graded periodically. He requested that the County provide the grader and the local residents
October 7, 2008 34
provide the necessary material and they would have an informal MSBU; and there would be no
expense to the County other than what it normally expends on other roads.
Attorney Collins explained the County's current policy to not accept maintenance of any
roads unless they are paved, and he and Vice Chairman Davis disagreed on that detail.
Administrator Baird reiterated his suggestion for staff to bring the mater back for
further review and consideration.
MOTION WAS MADE by Vice Chairman Davis to
direct staff to go out and tell us why these roads
whenever they were installed would not meet the
program that we have in place for grading. MOTION
DIED for lack of a Second.
Attorney Collins opined on the assignment of the County's rights of ingress egress, while
Commissioners, staff and Mr. Scannell continued to debate the MSBU, whether to release the
letter, and the justification of paving some roads versus others.
There was A CONSENSUS to bring this matter back for consideration.
2. MARRIAGE PROTECTIONAMENDMENT
Vice Chairman Davis requested that the Board authorize the County Attorney to
draft a Resolution of support for the Marriage Protection Amendment (a/k/a the Federal
Marriage Amendment), and introduced Joan McGarvey, 615 39th Court SW, Coordinator for
Marriage Amendment for the State.
October 7, 2008 35
MOTION WAS MADE by Vice Chairman Davis to
direct the County Attorney to draft a resolution in
support of Amendment No. 2. MOTION DIED for
lack of a Second.
Commissioner Wheeler, with a clearer understanding of the provisions of the first
Paragraph of the Amendment, was in favor of the request and Seconded the Motion.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Wheeler, to direct the
County Attorney to draft a resolution in support of
Amendment No. 2, the Marriage Protection
Amendment.
There were no further discussions.
The Chairman CALLED THE QUESTION and by a 3-
2 vote (Commissioners Flescher and O'Bryan
opposed) the Motion carried directing the County
Attorney to draft a resolution in support of
Amendment No. 2, the Marriage Protection
Amendment.
A.C. COMMISSIONER JOSEPH E. FLESCHER - NONE
D. COMMISSIONER PETER D. O'BRYAN - NONE
October 7, 2008 36
M
M
E. COMMISSIONER GARY C. WHEELER - NONE
15. SPECIAL DISTRICTS AND BOARDS
A. EMERGENCY SERVICES DISTRICT -NONE
B. SOLID WASTE DISPOSAL DISTRICT - NONE
C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF
THESE MINUTES.
16. ADJOURNMENT
There being no further business, the Chairman declared the Meeting adjourned at
1:01 P.M.
ATTEST:
Jef reey harton, Clerk Wes ey S. Davis, Vice Chairman
For: Sandra L. Bowden, Chairman
Minutes Approved: DEC 0 2 2888
October 7, 2008 37 1K' 3 5 PGl0 2 0