HomeMy WebLinkAbout01/08/2008 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JANUARY 8, 2008
1. CALL TO ORDER..........................................................................................6
2. INVOCATION.................................................................................................6
3. PLEDGE OF ALLEGIANCE........................................................................6
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS- NONE...............................................................................................6
5. PROCLAMATIONS AND PRESENTATIONS.........................................7
S.A. PRESENTATIONON WINTER FEST, .IOINTPROGRAMBYINDIANRIVER COUNTY
RECREATIONDEPARTMENTANDPOINTE WEST, BYCHUCKMECHLING ...................7
6. APPROVAL OF MINUTES..........................................................................7
6.A. REGULAR MEETING OFDECEMBER 4, 2007................................................................ 7
6.B. REGULAR MEETING OFDECEMBER 11, 2007.............................................................. 7
7. CONSENT AGENDA......................................................................................8
7.A.
APPROVAL
OF WARRANTS -DECEMBER 7, 2007 TO DECEMBER 13, 2007 ................. 8
7.B.
APPROVAL
OF WARRANTS -DECEMBER 14, 2007TODECEMBER 20, 2007 ...............8
7.0
APPROVAL
OF WARRANTS -DECEMBER 21, 2007TODECEMBER 27, 2007 ...............8
7.D.
2008 BCC
COMMITTEE RE-ASSIGNMENTS................................................................. 9
January 8, 2008 1
7.E. 2008 COMMITTEE APPOINTMENTS ANDRE APPOINTMENTS ..................................... 9
7.E RESIGNATION OFDISTRICT 3 APPOINTEE TO BOARD OF ZONING ADJUSTMENTS
10
7G. APPOINTMENT OF TOWN OFINDIANRIVER SHORES REPRESENTATIVE
APPOINTEE TO THE METROPOLITANPLANNING ORGANIZATION CITIZENS
ADVISORY COMMITTEE...............................................................................................11
7K BLANKET AUTHORIZATION FOR COMMISSIONERS TO ATTEND ASSIGNED
COMMITTEE MEETINGS OUT OF COUNTY..................................................................11
7I. 2007ELECTIONOFSCHOOL PLANNING CITIZENS OVERSIGHT COMMITTEE
CHAIRMANAND VICE CHAIRMAN..............................................................................12
7.J. 2008 COMMITTEEAPPOINTMENTSFOR THEINDIANRIVER COUNTYSCHOOL
DISTRICT.....................................................................................................................12
7K. ACQUISITIONOFRIGHT-OF-WAYALONG66'HAVENUE ...........................................12
7L. 3 7TH STREET PROJECT - KOVALESKI..........................................................................14
7M. AGGREGATE MINING RESOLUTION............................................................................14
7N. REQUEST PERMISSION TO ADVERTISE TO HOLD PUBLICHEARING TO ADOPT AN
ORDINANCE ToDESIGNATEANOFFICIAL COUNTY SEAL .........................................15
70. RIGHT-OF-WAYACQUISITION, CATHYSUE WOOLSEY, POWERLINEROAD (70TH
AVENUE)......................................................................................................................15
7.P. WABASSOBEACHPARKRESTORATION, CONTRACTBIDDINGDOCUMENTs,
TIMES OF COMPLETION, LIQUIDATED DAMAGES, & BONUSPAYMENTS .................15
7Q. APPROVAL OF BID AWARD FOR IRC BID # 2008016 DEMOLITION OF
STRUCTURES, BUILDING DIVISION.............................................................................17
7R. APPOINTMENT OFINDIANRIVER COUNTYREPRESENTATIVES TO THE
ALLIANCE OF OKEECHOBEE & THE TREASURE COAST............................................17
7.S. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL GENERAL
SERVICES/PURCHASING DIVISION.............................................................................18
7.T. FDEP BEACH RESTORATION PROJECT AGREEMENT 07IR3....................................18
7.U. WORK ORDER NO. 4, (ENGINEERING/SURVEYING) - FULL & FINAL PAYMENT,
CARTER ASSOCIATES, INC., FENDER PARCEL BOUNDARYSURVEY, CR510 AND
USHIGHWAY No.1....................................................................................................19
7V. MISCELLANEOUSBU0GETAMENDMENT003............................................................19
January 8, 2008 2
7.W. RIGHT-OF-WAYACQUISITION, HARRYAND PAULINE JONES, POWERLINE ROAD
(70THAVENUE) ............................................................................................................19
7.X. RIGHT-OF-WAYACQUISITION 66THAVENUE SOUTH OF 8THSTREET, WILLIAM
CAND EVA Z. GRAVES...............................................................................................20
7.Y WORK ORDER NO. 5 (ENGINEERING/SURVEYING), CARTER ASSOCIATES, INC.,
OLD DIXIE HIGHWAYSTUDY FROM CR512 TO US HIGHWAYNO. 1 ........................20
7.Z. IST ROAD FROM 35THAVENUE TO 32ND AVENUE WATER SYSTEM CONFLICT
RESOLUTIONS, UCPNo. 2984 WIPNO.47123536-044699-07526, APPROVAL
OF FINAL PAYMENT TO CONTRACTOR, UNDERGROUND UTILITIES, INC., AND
RELEASEOF RETAINAGE............................................................................................21
7.AA. BENT PINE LIFT STATIONS NO. 68 AND 69 UPGRADE AND GENERATOR
ADDITIONS, APPROVAL OF FINAL PAYMENT TO SCHULKE, BITTLE &
STODDARD, L.L.C. FOR ENGINEERING SERVICES, W LP. NOS.
472-169000-07513 AND 471-23536-044699-07513, UCPNo. 2806 .......................21
7.BB. 6 -INCH FORCE MAIN ON 65TH STREET FROM OLD DIXIE HIGHWAY TO
LATERAL G CANAL, APPROVAL OF FINAL PAYMENT TO SPS CONTRACTING,
INC. FOR CONSTRUCTIONSERVICES, W.LP. No. 472-169000-06545, UCPNo.
2 709.............................................................................................................................22
7. CC FINAL PAYMENT TO BROWNAND CALDWELL FOR THE DEVELOPMENT OFA
RECLAIMED WATER IMPLEMENTA TION PLAN WO#3- UCP -2 74 7 ............................22
7.DD. PROPERTYACQUISITION, 8525 U.S. HIGHWAY 1 (NORTHWEST CORNER OF
THE INTERSECTION OF CR510 AND US1)..................................................................23
7.EE. RELEASE OFRETAINAGE, APPLIED TECHNOLOGYAND MANAGEMENT, INC.,
WORKORDER#4.........................................................................................................23
7. FF. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID #2008025,
SOUTH OSLO RIVERFRONT CONSERVATIONAREA REFORESTATIONPROJECT,
COMMUNITYDEVELOPMENT DEPARTMENT..............................................................24
7. GG. IRC JAIL EXPANSION - REDUCTION OF RETAINAGE..............................................24
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES- NONE.....................................................................................25
January 8, 2008 3
9. PUBLIC ITEMS.............................................................................................25
9.A. PUBLIC HEARINGS......................................................................................................25
9-A.I. CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 973 PUBLIC
NUISANCE FOR WEED MAINTENANCE REGULATIONS AND THE NUISANCE
ABATEMENT PROCESS (LEGISLATIVE)
..25
9.A.2. POINTE WEST OF VERO BEACH, LTD. 'S REQUEST TO MODIFY THE APPROVED
PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN FOR POINTE WEST
(LEGISLATIVE)............................................................................................................26
9.A.3. CONSIDERATION OF PROPOSED LDR AMENDMENTS TO CHAPTER 910,
CONCURRENCYREGULATIONS, AND ALLOWANCES FOR "VESTING"
CONCURRENCY(CONTINUED FROM MEETING OF DECEMBER 11, 2 00 7)
(LEGISLATIVE)............................................................................................................27
9.B. PUBLICDISCUSSIONITEMS........................................................................................29
9.B.I. REQUEST TO SPEAK FROM DR. STEPHEN.. FAHERTY, SR. REGARDING
PETITION FROMBOARD TO CITY OF VERO BEACH FOR CHANGE INELECTRIC
SERVICEPROVIDER.....................................................................................................29
9.C, PUBLIC NOTICE ITEMS...............................................................................................31
9. C L NOTICE OF SCHEDULED PUBLIC HEARING FOR JANUARY 15,2008: KENNEDY
GROVES, INC./510, LLCREQUEST TOABANDONA SEGMENT OF 86THSTREET
BETWEEN 47TH AVENUE AND CR510, AND A SEGMENT OF 46TH AVENUE
BETWEEN 86TH PLACE AND CR510 IN WABASSO.......................................................31
10. COUNTY ADMINISTRATOR'S MATTERS - NONE ..........................31
11. DEPARTMENTAL MATTERS..................................................................31
H.A. COMMUNITYDEVELOPMENT - NONE.........................................................................32
II.B. EMERGENCYSERVICEs - NONE..................................................................................32
11. C GENERAL SER VICES - NONE.......................................................................................
32
11.D. HUMAN RESOURCEs - NONE......................................................................................32
H.E. HUMANSERVICES -NONE ..........................................................................................32
1I. F. LEISURE SER VICES - NONE.........................................................................................
32
January 8, 2008 4
II.G. OFFICE OF MANAGEMENT AND BUDGET- NONE......................................................32
ILKRECREATION - NONE...................................................................................................32
ILLPUBLIC WORKS............................................................................................................32
ILL 1. AWARD OF BID # 2008012, CR512, PHASE IV........................................................32
II.J UTILITIES SERVICES...................................................................................................33
II..%I. RocKRIDGE STORM WATER PROTECTION..............................................................33
II.J.2 SR60 FROM 66THAVENUE TO 84THAVENUE CONFLICT RESOLUTION WITH
FDOTDRAINAGE, PAVEMENTAND TRAFFICSIGNAL IMPROVEMENTS,
APPROVAL OF WORK ORDERS FOR ENGINEERING DESIGNSERVICES TO RETAIN
SCHULKE, BITTLE & STODDARD AND MASTELLER, MOLER, REED & TAYLOR
AND APPROVAL OFPROJECT FOR PUBLIC BID, UCP #3026 .....................................33
12. COUNTY ATTORNEY MATTERS - NONE...........................................34
13. COMMISSIONER ITEMS..........................................................................34
B.A. COMMISSIONER SANDRA L. BowDEN, CHAIRMAN- NONE.......................................34
13.B. COMMISSIONER WESLEYS DA VIS, VICE CHAIRMAN-NONE..................................34
13. C. COMMISSIONER .JOSEPH E. FLESCHER - NONE.........................................................34
13.D. COMMISSIONER PETER D. 0IBR YAN- NONE.............................................................35
13.E. COMMISSIONER GARY C. WHEELER - NONE............................................................. 35
14. SPECIAL DISTRICTS AND BOARDS.....................................................35
M.A. EMERGENCYSERVICESDISTRICT..............................................................................35
14.A.I. APPROVAL OFMINUTES OFREGULAR MEETING OFDECEMBER 11, 2007..........35
14.A.2. CONTRACT WITH EARTH CONSTRUCTION, INC. TO POUR THE FOUNDATION
AND DRIVE AREAS FOR THE NEW FIRE TRAINING FACILITY....................................35
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE............................................................... 35
14. C ENVIRONMENTAL CONTROL BOARD - NONE............................................................. 35
15. ADJOURNMENT..........................................................................................36
January 8, 2008 5
January 8, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, January 8, 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 Leona Adair Allen.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Public Works Director Jim Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Clerk's Note: Chairman Bowden pulled Item 9. C.1. during the meeting, it was not
addressed under Item No. 4.
January 8, 2008 6
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION ON WINTER FEST, JOINT PROGRAM BYINDIANRIVER
COUNTYRECREATIONDEPARTMENT AND POINTE WEST, BY CHUCK
MECHLING
Chuck and Karen Mechling gave a PowerPoint presentation and recognized the
Recreation Department and the Parks Department for helping with the Winter Fest event that took
place at Pointe West on Saturday, December 15, 2007.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OFDECEMBER 4.2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of December 4, 2007. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Minutes of the Regular Meeting of December 4, 2007, as
written and distributed.
6.B. REGULAR MEETING OFDECEMBER 11, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of December 11, 2007. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
January 8, 2008 7
Minutes of the Regular Meeting of December 11, 2007, as
written and distributed.
7. CONSENT AGENDA
Commissioner O'Bryan requested Items 7.E. and 7.P. be pulled for discussion.
County Attorney William Collins requested Item7.K. be pulled for discussion.
7.A. APPROVAL OF WARRANTS — DECEMBER 7.2007 TO DECEMBER 13. 2007
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of December 7, 2007 to December 13, 2007, as
recommended in the memorandum of December 13, 2007.
7.B. APPROVAL OF WARRANTS — DECEMBER 14, 2007 TO DECEMBER 20,
2007
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of December 14, 2007 to December 20, 2007,
as recommended in the memorandum of December 20,
2007.
7.C. APPROVAL OF WARRANTS—DECEMBER 21, 2007 TO DECEMBER 27,
MDR
January 8, 2008 8
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of December 21, 2007 to December 27, 2007,
as recommended in the memorandum of December 27,
2007.
7.D. 2008 BCC COMMITTEE RE ASSIGNMENTS
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board approved the Committee
assignments for 2008, as recommended in the
memorandum of January 3, 2008.
The only changes from the November 28, 2006
assignments occurred with those committees that mandate
the BCC Chairman as liaison.
7.E. 2008 COMMITTEE APPOINTMENTS AND RE APPOINTMENTS
Commissioner O'Bryan wanted to know if there was a policy regarding committee
members serving more than two consecutive terms, and how poor attendance had been handled in
the past.
January 8, 2008 9
Commissioner Davis assured Commissioner O'Bryan that if there were
non-productive individuals on the committees they would be excused immediately. Neither he nor
Chairman Bowden were aware of a policy pertaining to term limits.
There was a brief discussion regarding excused absences.
Chairman Bowden encouraged citizens to participate in an advisory capacity on the
various committees.
Commissioner O'Bryan felt that individuals with poor attendance should be
questioned as to their willingness to continue serving.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously granted
permission to seek replacements for those positions posted
on the Vacancy Listing; and approved the continuation of
service for those representatives and members posted on
the Reappointment Listing, as requested in the
memorandum of January 3, 2008.
7.F. RESIGNATION OF DISTRICT 3 APPOINTEE TO BOARD OF ZONING
ADJUSTMENTS
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously accepted the
resignation of Fred Plair, District 3 appointee to the Board
of Zoning Adjustments, whose term expires in
January 8, 2008 10
2008, as recommended in the memorandum of December
19, 2007.
7.G. APPOINTMENT OF TOWN OF INDIANRIVER SHORES REPRESENTATIVE
APPOINTEE TO THE METROPOLITAN PLANNING ORGANIZATION
CITIZENS ADVISORY COMMITTEE
The Board noted for the record the appointment of Mr. John Warner, replacing Mr.
Jack Robert Bowman, as the Representative Appointee to the Metropolitan Planning Organization
Citizens Advisory Committee.
7.H. BLANKET A UTHORIZATION FOR COMMISSIONERS TO ATTEND ASSIGNED
COMMITTEE MEETINGS OUT OF COUNTY
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
out of county travel for all current and any future assigned
committee meetings Board members are required to attend,
as recommended in the memorandum of December 19,
2007.
January 8, 2008 11
U 2007ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT
COMMITTEE CHAIRMANAND VICE CHAIRMAN
The Board noted the election of Mr. Joel Tyson as Chairman, and Mr. Peter
Robinson as Vice Chairman of the School Planning Citizens Advisory Committee for the year
2007.
7.J. 2008 CONIMITTEEAPPOINTmENTSFOR THEINDIANRIVER COUNTY
SCHOOL DISTRICT
The Board acknowledged the representatives appointed by the Indian River County
School Board to serve on various County Committees and Boards for 2008.
7X ACOUISITIONOFRIGHT-OF- WAY ALONG 66THAVENUE
County Attorney Collins specified that this item was a proposal for an expedited
process to acquire three parcels of right-of-way for the County. He informed the Board that
instead of negotiating a purchase price with each individual property owner, that Attorney
Maguire, who represents 40 to 50 landowners along 66th Avenue, would accelerate the process of
acquisition by having a mutually agreed upon appraiser come in with an appraised value, and upon
receipt of the appraisal, a contract would be written. Attorney Collins explained the fees that the
County would be responsible for, and acknowledged that staff had reservations regarding the best
approach.
Deputy County Attorney William DeBraal clarified the qualifications of the
appraiser who had appraised the Dowling, Van Antwerp, and Kahn parcels, and also explained the
attorney fees as set by Statute. He said that in the future, with Board approval, and after they
January 8, 2008 12
receive enough appraisals back to get a good representative value of the property, staff would be
able to negotiate the purchase price (for bare land) more quickly.
There was a lengthy discussion regarding appraisal and attorney fees.
Assistant County Administrator Michael Zito wanted to let the public know that the
property owners could negotiate with the County on the appraised value up to 10% without an
attorney or attorney fees.
Attorneys DeBraal and Collins responded to the Board's questions pertaining to
appraisals and how the various fees were determined.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
three contracts for purchase of the Dowling parcel, 4660
67t11 Avenue; the Van Antwerp parcel, 4805 66th Avenue;
and the Kahn parcel, 8325 66th Street; and after purchase of
the three properties, staff would make a report to the Board
with a recommendation as to whether additional parcels
should be acquired using the same method; and to negotiate
reducing the attorney fees to 3'/z% - 5% commission.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Chairman Bowden wanted this process reviewed to see if it is in the best interest of
the public.
January 8, 2008 13
Attorney Collins felt that if this process proves to be efficient, they could go back to
the remaining parcels and negotiate a reduced fee.
7.L. 3 7' STREET PROJECT — KO VALES"
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously authorized
the Chairman to execute the County Deed and Release of
Easement for recording in the Public Records in the proper
sequence, as recommended in the memorandum of
December 31, 2007.
COUNTY DEED AND RELEASE OF EASEMENT ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7M. AGGREGATE MINING RESOLUTION
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2008-001, in opposition of State preemption
over mining for construction aggregate materials.
January 8, 2008 14
7.N. REOUEST PERMISSION TO ADVERTISE TO HOLD PUBLIC HEARING TO
ADOPT AN ORDINANCE TO DESIGNATE AN OFFICIAL COUNTYSEAL
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved a
public hearing date of January 22, 2008 to adopt an
ordinance designating an official County Seal containing
grapefruit, as recommended in the memorandum of
December 26, 2007.
7.0. RIGHT-OF-WAYACOUISITION. CATHYSUE WOOLSEY. POWERLINE
ROAD (70THAVENUE)
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
$11,215.00 purchase, and authorized the Chairman to
execute the Agreement, as recommended in the
memorandum of December 20, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.P. WABASSO BEA CHPARKRESTORATION. CONTRACT BIDDING
DOCUMENTS: TIMES OF COMPLETION, LIQUIDATED DAMAGES, &
BONUS PAYMENTS
Commissioner O'Bryan did not feel that it was necessary to offer a bonus provision
in the bid for finishing the park project early. He reasoned that since the project would not be
January 8, 2008 15
completed until late summer or early fall (after the season), that it would not be feasible to spend
the extra money.
Public Works Director Jim Davis agreed with Commissioner O'Bryan's concerns,
adding that it would be a cost savings to the County because the inspectors would not be required
to stay on the job as long. He divulged that bonus provisions are being considered for all future
contracts, and that he proposed it for this contract because there was such a public outcry to get this
park open.
Administrator Baird acknowledged that the bonus provision was an incentive to
expedite getting the park in order quickly, due to public interest.
Commissioner Wheeler was concerned that offering a bonus might open up a
situation that would encourage Contractors to bid over a longer period of time, so they could get a
bonus. He preferred shorting the completion time by 30 -days when negotiating, and adding a
penalty to those who do not finish the project on time.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously denied a
bonus payment of $500.00 per calendar day should the
Substantial Completion be met sooner than 180 days; and
unanimously approved the bonus payment of $200.00 per
calendar day should the final completion date be met
sooner than 30 days for the completion of the punch list.
January 8, 2008 16
7.0. APPRO VAL OF BID A WARD FOR IRC BID # 2008016 DEMOLITION OF
STRUCTURES, BUILDING DIVISION
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
that the bid be awarded to the second lowest bidder, Aqua
Waste Repairs, Inc. as the lowest most responsive and
responsible bidder meeting the specifications as set forth in
the Invitation to Bid, as recommended in the memorandum
of December 18, 2007. Investigation by the Building
Division determined that the low bidder, Staski Enterprises,
Inc., does not have the required Business Tax Receipt
(formerly known as Occupational License), and has 21
open permits that need to be addressed before any new
permits are issued.
7.R. APPOINTMENT OF INDIAN RIVER COUNTYREPRESENTATIVES TO THE
ALLIANCE OF OKEECHOBEE & THE TREASURE COAST
The Board acknowledged the appointment of representatives of Indian River
County to the Alliance of Okeechobee and the Treasure Coast as follows: Andy Bradley, IRC
Sheriff's Office, replacing Bill Brunner, Undersheriff, IRC Sheriff s Office; Michael Kint, Indian
River County United Way; Beverly O'Neill, Indian River County Citizen; Brad Bernauer, Human
Services Director, and Staff for the Children's Services Advisory Committee; and Leslie Spurlock,
Executive Director of the Indian River County Healthy Start Coalition.
January 8, 2008 17
7.S. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL
GENERAL SERVICES/PURCHASING DIVISION
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously:
(1) declared excess items surplus and authorized its sale
and/or proper disposal; (2) granted the authority to have the
surplus equipment delivered to the Indian River County
Fairgrounds to be sold at public auction on January 26,
2008; and (3) authorized the Clerk to remove the assets not
found during inventory from the Board's capital asset
inventory list, as recommended in the memorandum of
December 31, 2007.
7.T. FDEP BEACH RESTORATION PROJECT AGREEMENT O7IR3
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
project and authorized execution of FDEP Contract 07IR3,
to be funded as specified, and as recommended in the
memorandum of December 21, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 8, 2008 18
7.U. WORK ORDER NO. 4. (ENGINEERING/SURVEYING) — FULL & FINAL
PAYMENT, CARTER ASSOCIATES, INC., FENDER PARCEL BOUNDARY
SURVEY, CRSIO AND US HIGHWAY NO. 1
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
full and final payment for Work Order No. 4 with Carter
Associates, Inc., Invoice No. 07496-1 in the amount of
$2,500.00, as recommended in the memorandum of
December 27, 2007.
7.V. MISCELLANEOUSBUDGETAMENDMENT 003
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2008-002, amending the fiscal year 2007-2008
Budget.
7.W. RIGHT-OF-WAYACOUISITION, HARRYAND PAULINE .TONES,
POWERLINE ROAD (70THAVENUE)
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
$12,170.00 to complete the purchase, and authorized the
Chairman to execute the Agreement, as recommended in
the memorandum of December 27, 2007.
January 8, 2008 19
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.X. RIGHT-OF-WAYACOUIsITION WHAVENUE SOUTH OF 8TH STREET.
WILLIAM C AND EvA Z. GRAVES
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Alternative No. 1, the $249,150.00 purchase, and
authorized the Chairman to execute the Agreement, as
recommended in the memorandum of December 19, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Y. WORK ORDER NO. S (ENGINEERING/SURVEYING), CARTER ASSOCIATES.
INC., OLD DIXIE HIGHWAYSTuDY FROM CR512 TO US HIGHWAYNO.
I
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Work Order No. 5, authorizing the project as outlined in the
Scope of Services, and authorized the Chairman to execute
said Work Order, as recommended in the memorandum of
December 26, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 8, 2008 20
7.Z. IST ROAD FROM35THAVENUE TO 32ND AVENUE WATER SYSTEM
CONFLICT RESOL UTIONS, UCP No. 2984 WIP NO.
47123536-044699-07526, APPROVAL OF FINAL PAYMENT TO
CONTRACTOR. UNDERGROUND UTILITIES. INC., AND RELEASE OF
RETAINAGE
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Application for Payment No. 2 — Final as final payment to
Underground Utilities, Inc., in the amount of $980.12, the
final payment of $980.12 will release the retainage and
complete the County's obligation to Underground Utilities,
Inc., as recommended in the memorandum of December 14,
2007.
7.AA. BENT PINE LIFT STATIONS NO. 68 AND 69 UPGRADE AND GENERATOR
ADDITIONS, APPROVAL OF FINAL PAYMENT TO SCHULKE, BITTLE &
STODDARD, L.L. C. FOR ENGINEERING SERVICES. W.LP. Nos
472-169000-07513 AND 471-23536-044699-07513, UCPNo. 2806
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Invoice No. 06-036-10 as final payment to the Consulting
Engineer, Schulke, Bittle & Stoddard, L.L.C., in the
amount of $702.00, as recommended in the memorandum
of December 31, 2007.
January 8, 2008 21
7.BB. 6 -INCH FORCE MAIN ON 65TH STREET FROM OLD DIXIE HIGHWAY TO
LATERAL G CANAL, APPROVAL OF FINAL PAYMENT TO SPS
CONTRACTING. INC. FOR CONSTR UCTION SER VICES. W.LP. NO.
472-169000-06545, UCP No. 2709
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
project final cost amount of $173,814.00, and approved
Application for Payment No. 3 as final payment to the
Contractor, SPS Contracting, Inc., in the amount of
$17,520.95, as recommended in the memorandum of
December 18, 2007.
7. CC. FINAL PAYMENT TO BROWNAND CALDWELL FOR THE DEVELOPMENT
OFA RECLAIMED WATER IMPLEMENTA TION PLAN WO#3- UCP -2 74 7
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
payment for Work Order #3 to Brown and Caldwell for a
final payment of $6,000.00, as recommended in the
memorandum of December 21, 2007.
January 8, 2008 22
7.DD. PROPERTYAcouiSITION. 8525 U.S. HIGHWAYI (NORTHWEST CORNER
OF THE INTERSECTION OF CR510 AND US 1)
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Agreement to Purchase the parcel for $500,000.00, and
authorized the Chairman to execute the agreement, as
recommended in the memorandum of December 28, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.EE. RELEASE OFRETAINAGE. APPLIED TECHNOLOGYAND MANAGEMENT.
INC.. WORK ORDER #4
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
application for release of retainage, with funding as
specified and as recommended in the memorandum of
December 31, 2007.
This work is subject to 50% cost sharing with the Florida
Department of Environmental Protection under Grant
Agreement 98IR1.
January 8, 2008 23
7. FF. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID
#2008025, SOUTH OSLO RIVERFRONT CONSERVATIONAREA
REFORESTATIONPROJECT, COMMUNITYDEVELOPMENT
DEPARTMENT
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously: (1)
approved the bid be awarded to Sod Services, LLC 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 when required
performance and payment bonds have been submitted
along with appropriate Certificate of Insurance and the
County Attorney has approved the Agreement as to form
and legal sufficiency, as recommended in the memorandum
of December 21, 2007.
7. GG. IRC .TAIL EXPANSION— REDUCTION OF RETAINAGE
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
release of the current retainage (5%), and that the payment
amount of $789,829.30, be issued to Peter R. Brown
Construction, as recommended in the memorandum of
January 3, 2008.
January 8, 2008 24
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLICHEARINGS
9.A.1. CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 973
PUBLIC NUISANCE FOR WEED MAINTENANCE REGULATIONS AND THE
NUISANCE ABATEMENT PROCESS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling used a PowerPoint presentation to recap the
memorandum dated December 14, 2007. He addressed issues pertaining to weed maintenance,
current criteria for weed nuisance, exemptions, recent problems with Vista Gardens and Vista
Royale, proposed changes, and the code enforcement process.
Assistant County Attorney George Glenn used a PowerPoint presentation to detail
the existing Chapter 973 Ordinance, and the proposed options that would streamline the process.
He explained the enforcement procedures and discussed County concerns. Attorney Glenn sought
approval from the Board to: (1) adopt the proposed Ordinance which presents all code violations
to the Code Enforcement Board; (2) require a finding from the Code Enforcement Board; and (3)
empower the Board with the option that the County abate the nuisance. Attorney Glenn responded
to the Board's questions pertaining to the process of nuisance abatement.
The Chairman opened the public hearing.
January 8, 2008 25
Ray Batt, 36 Vista Gardens Trail, and Tom Long, President of the Board of
Directors at Vista Gardens, supported and urged the Board to adopt the Ordinance.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Flescher, SECONDED by
Chairma Bowden, the Board unanimously adopted
Ordinance 2008-003 concerning an amendment to Land
Development Regulations (LDRs); providing for an
amendment to Chapter 973, Public Nuisance, by amending
restrictions on weeds Section 973.03, by amending
Assessment for Abatement of Nuisance Sections 973.05
and 973.06 by providing for repeal of conflicting
provisions; codification; severability; and effective date.
The Chairman called a break at 10:10 a.m., and reconvened the meeting at 10:23
a.m., with all members present.
9.A.2. POINTE WEST OF VERO BEACH, LTD. 'S REQUEST TO MODIFY THE
APPROVED PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN FOR
POINTE WEST (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Boling recapped the backup memorandum of December 28, 2008 and
provided background on the proposed modifications to the conceptual plan for Pointe West. He
January 8, 2008 26
informed the Board that this would be the final hearing for this request, and he addressed questions
from Commissioner O'Bryan concerning traffic alignment and impacts.
The Chairman opened the public hearing. There were no additional speakers, and
the Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board unanimously approved
the conceptual PD plan modifications with the following
conditions: (1) that commercial and office uses within the
SR60 commercial/office area shall be limited to general
and medical offices and a maximum 10,500 square feet of
retail uses. The total office and retail building floor area
within the SR60 commercial/office area shall not exceed
112,650 square feet; and (2) that prior to the issuance of a
C.O. (Certificate of Occupancy) for more than 50,000
square feet of commercial floor area within the SR60
commercial/office area, the applicant shall construct a
minimum of 25,000 square feet of commercial floor area in
Town Center, as recommended in the memorandum of
December 28, 2007.
9.A.3. CONSIDERATION OF PROPOSED LDR AMENDMENTS TO CHAPTER
910, CONCURRENCYREGULATIONS, AND ALLOWANCES FOR
"VESTING" CONCURRENCY (CONTINUED FROM MEETING OF
DECEMBER 11. 2007) (LEGISLATIVE)
January 8, 2008 27
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Boling noted that this item was a follow-up to the Public Hearing of
December 11, 2007, whereby staff was directed to re-examine the proposed amendments relating
to "permanent concurrency". He recapped the memorandum dated December 27, 2007 and
requested the Board adopt the Ordinance.
Discussion ensued regarding impact fees and vesting.
The Chairman opened the public hearing.
Joseph Paladin, President of Black Swan Consulting, supported and urged the
Board to approve the Ordinance.
Jim Granse, requested that the Agenda be published in the Press Journal.
There were no additional speakers, and the Chairman closed the public hearing.
Commissioner O'Bryan felt that the proposal was better than before, and despite the
challenge, would like to see permanent vesting for individual lot owners.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Ordinance 2008-002, concerning an amendment to Land
Development Regulations (LDRs); providing findings;
providing for an Amendment to Chapter 910, Concurrency
January 8, 2008 28
Management System, by amending Development Review
Systems Section 910.07, and by amending Determination
of Concurrency, generally Section 910.08, by providing for
repeal of conflicting provisions; codification; severability;
and effective date.
9.B. PUBLIC DISCUSSION ITEMS
9.B.I. REOUEST TO SPEAKFROMDR. STEPHEN.I. FAHERTY, SR. REGARDING
PETITION FROM BOARD TO CITY OF VERO BEACH FOR CHANGE IN
ELECTRIC SERVICE PROVIDER
Dr. Stephen Faherty, resident of District 5, detailed his Summary of Report, dated
November 15, 2007 (see pages 320 and 321 in backup). The report provided data to support the
need for County petitions related to correcting the lack of County and State controls over the City
of Vero Beach (COVB) electric utilities, and reducing the high rates and taxes.
There was a lengthy discussion pertaining to the rates between Florida Power and
Light (FP&L) and the City of Vero Beach utilities, how the jurisdiction was derived, the
appropriate process, equity, and representation.
County Attorney Collins acknowledged that Dr. Faherty's report was accurate and
that the issue was "how can this be resolved." He indicated that the City itself could petition the
Public Service Commission to resolve its territorial dispute. He felt that Dr. Faherty had laid out
the options properly, and that the City should consider either divesting to FP&L or supporting
legislation that might allow representation of the County Codes through governmental corporation
under the Interlocal Agreement.
January 8, 2008 29
Dr. Faherty planned to present his report to the City Council but wanted this to move
forward as to "how" the rates could be reduced.
Budget Director Jason Brown clarified that the millage rate on the annexation of
Barrier Island properties would be raised by one millage.
The Chairman opened the public hearing.
John Sullivan, 1500 S. Highway AIA, expressed that this issue was a "gross
inequitable situation" where everyone should pay the same rates for the same services.
John Lee, Customer Service Manager for the City Vero Beach, agreed that Dr.
Faherty's figures were accurate but refuted some of his remarks pertaining to regulations. He
suggested Dr. Faherty make his presentation to the Utilities Commission and the City Council,
then move forward in a positive direction.
Commissioner Wheeler thought an independent Utilities Commission would be a
positive step in offering representation. He acknowledged that he would feel better about taking a
position on this after a presentation has been made to the Utilities Advisory Committee, and the
City of Vero Beach City Council, to afford them the opportunity to address the problem before the
Board steps -in with a solution. The other Commissioners agreed.
There was further discussion regarding representation issues, annexing, the possibly
of waiving franchise fees for County residents, and the importance of working together.
The Chairman called a break at 11:37 a.m., and reconvened the meeting at 11:46
a.m., with all members present.
January 8, 2008 30
Bill Walker, 2295 Saint Christopher Lane, representing a community with twelve
residents, voiced concern over the inequity of fees and structures.
John Berns, 1811 East Sandpointe Place, supported Dr. Faherty's report and voiced
concerns of inequity and discrimination over the rates being charged by the City of Vero Beach
utilities. He requested: (1) staff contact the City of Vero Beach and request that they equalize the
charges to the City and County utility customers, and (2) staff contact City government to suggest
that any excess monies (left over after meeting expenses) be put into a reserve account that could
be used for future expenditures.
NO BOARD ACTION TAKEN
9.C. PUBLIC NOTICE ITEMS
9.Cl. NOTICE OF SCHEDULED PUBLIC HEARING FOR JANUARY 15,2008:
KENNEDY GROVES, INC.15-10, LLCREOUEST TO ABANDON SEGMENT
OF 86TH STREET BETWEEN 47m AVENUE AND CR510, AND A SEGMENT
OF 46TH AVENUE BETWEEN 86TH PLACE AND CR 510 IN WABASSO
Clerk's Note: Chairman Bowden announced that this Item was pulled from the
Agenda, it was not addressed under Item No. 4.
10. COUNTY ADMINISTRATOR'S MATTERS - NONE
II. DEPARTMENTAL MATTERS
January 8, 2008 31
H.A. COMMUNITYDEVELOPMENT - NONE
H. B. EMERGENCYSER VICES - NONE
H. C. GENERAL SERVICES - NONE
II.D. HUMANRESOURCES - NONE
11. E. HUMAN SER VICES - NONE
H. F. LEISURE SERVICES - NONE
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
I LH. RECREATION - NONE
ILL PUBLIC WORKS
ILLI. AWARD OF BID # 2008012. CR512, PHASE IV
Public Works Director Jim Davis informed the Board that all the bids received came
in under the Engineer's estimate, feeling that it was because of low economic development.
There was a brief discussion between Vice Chairman Davis and Attorney DeBraal
regarding the land swap issue of 101St and 102nd Terrace.
January 8, 2008 32
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
contract be awarded to H & J Contracting, Inc. in the
amount of $8,584,040.58, as recommended in the
memorandum of December 19, 2007.
H.J. UTILITIES SERVICES
11.11. ROCKRIDGE STORM WATER PROTECTION
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved, in
concept, an upper limit of $350,000.00 for funding the
storm water improvements needed within Rockridge, as
recommended in the memorandum of January 3, 2008.
Upon conceptual approval by the Commission of the storm
water change order, staff will finalize a detailed change
order, and take the change order back to the Commission
for final approval.
11.1.2 SR60 FROM 66THAVENUE TO 84THAVENUE CONFLICT RESOLUTION
WITH FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL
IMPROVEMENTS, APPROVAL OF WORK ORDERS FOR ENGINEERING
DESIGN SER VICES TO RETAIN SCHULKE, BITTLE & STODDARD AND
MASTELLER, MOLER, REED & TAYLOR AND APPROVAL OF PROJECT
FOR PUBLIC BID, UCP #3026
January 8, 2008 33
ON MOTION by Commissioner Flescher, SECONDED by
Vice Chairman Davis, the Board unanimously approved:
(1) the total construction and consulting costs for the
project estimated at $3,468,053.50; (2) the project for
public bidding through the County Purchasing Division, (3)
retaining Schulke, Bittle and Stoddard & Masteller &
Moler for engineering and surveying services; (4) Work
Order No. 5 with Schulke, Bittle & Stoddard for a total
amount of $91,472.50, (5) Work Order No. 11 with
Masteller & Moler for a total amount of $102,690.00; and
(6) authorized the Chairman to execute both Work Orders,
as presented and recommended in the memorandum of
December 18, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY MATTERS - NONE
13. COMMISSIONER ITEMS
B.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN - NONE
13.B. COMMISSIONER WESLEY S. DAMS, VICE CHAIRMAN - NONE
13. C. COMMISSIONER .JOSEPH E. FLESCHER - NONE
January 8, 2008 34
13. D. COMMISSIONER PETER D. O'BRYAN- NONE
13. E. COMMISSIONER GARY C. WHEELER — NONE
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCYSERVICES DISTRICT
The Chairman announced that immediately upon adjournment of the Board of
County Commissioners meeting, the Board would reconvene as the Board of Commissioners of
the Emergency Services District. Those Minutes are being prepared separately and appended to
this document.
14.A.1. APPROVAL OF MINUTES OF REGULAR MEETING OFDECEMBER 11,
2007
14.A.2. CONTRACT WITH BARTH CONSTRUCTION, INC. TO POUR THE
FOUNDATIONAND DRIVE AREAS FOR THE NEW FIRE TRAINING
FACILITY
14.B. SOLID WASTE DISPOSAL DISTRICT — NONE
14. C. ENVIRONMENTAL CONTROL BOARD - NONE
January 8, 2008 35
`.
14. C. ENVIRONMENTAL CONTROL BOARD - NONE
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 11:58 a.m.
ATTEST:
d
Jef arton, Clerk JUSandra L. Bowden, Chairman
FEB 0 5 2008
Minutes Approved:
BCC/LAA/2008Minutes
X 134 P6 347
January 8, 2008 36