HomeMy WebLinkAbout11/18/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 18, 2008
1. CALL TO ORDER.........................................................................................1
2. INVOCATION................................................................................................1
3. PLEDGE OF ALLEGIANCE.......................................................................1
OATH OF OFFICE BOARD OF COUNTY COMMISSION -JUDGE DAVID
MORGAN..............................................................................................................................2
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ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN .........2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS-NONE.................................................................................................3
5. PROCLAMATIONS AND PRESENTATIONS........................................3
S.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER
2008, AS NATIONAL ADOPTIONA WARENESS MONTH ................................................. 3
S.B. PRESENTATION OF PROCLAMATIONDESIGNATING NOVEMBER 23 — 29, 2008,
AS CHRIS TIAN HERITA GE WEEK IN INDIAN RI VER COUNTY.......................................4
1
November 18, 2008
6. APPROVAL OF MINUTES.........................................................................4
6.A. REGULAR MEETING OF SEPTEMBER 16, 2008............................................................. 4
6.B. REGULAR MEETING OF SEPTEMBER 23, 2008............................................................. 4
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION ..................5
7.A. RESIGNATION OFDISTRICT 5 APPOINTEE TO THE BOARD OF ZONING
ADJUSTMENTS............................................................................................................... S
8. CONSENT AGENDA.....................................................................................5
8.A.
APPROVAL OF WARRANTS AND WIRES — OCT 24 TO OCT 30, 2008 ............................. S
8.B.
APPROVAL OF WARRANTS AND WIRES - OCT 31 TO NOV 6, 2008 .............................. 5
8.C.
INDIANRIVER COUNTYINVESTMENTADVISORYCOMMITTEE, QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 9/30/08 ....................................... 6
8.D.
EXCHANGE CLUB OF TREASURE COAST......................................................................6
8.E.
ANNUAL SIGNATORIES RESOL UTION............................................................................ 6
8.F.
STASZEWSKI/WINGS OF JOY CHRISTIANBOOKSTORE LEASE EXTENSION ................ 7
8. G.
AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN JAMES AND
LORINE JENKINSAND INDL4NRIVER COUNTY............................................................ 7
8.H. REQUEST PERMISSION TO ADVERTISE FOR A PUBLICHEARING TO AMEND
CERTAIN SECTIONS OF THE ANIMAL CONTROL ORDINANCE CODIFIED IN
CHAPTER 302 OF THE INDL4NRIVER COUNTY CODE .................................................. 8
8.L LAKESATBROOKHAVENSUBDIVISION,REQUEST FOR ANEXTENSIONTo
COMPLETE REQUIRED IMPROVEMENTS, DEVELOPERS: THE LAKES AT
BROOKHAVEN, LLC (DOMENICKR. LIOCE, MANAGER, LAKESAT
BROOKHAVENDEVELOPMENT, LLC (DOMENICKR LIOCE, MANAGER)...................8
8.J. ACQUISITION OFRIGHT-OF-WAYALONG66THAVENUE .............................................9
8.K. MATERIAL FOR BLUE CYPRESS LAKE ROAD..............................................................10
8.L. AMENDMENT NO.2 TO THE CIVIL ENGINEERINGAND LAND SURVEYING
AGREEMENTFORINTERSECTIONIMPROVEMENTSAT SR60AND43PDAVENUE
AND WIDENING OF 43" AVENUE TO 5 LANES FROMSR 60 TO 26TH STREET ........... 10
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November 18, 2008
8.M. APPROVAL OFPROFESSIONAL GEOTECHNICAL SERVICESAGREEMENTS, 2008-
2009, RFQ # 2008071................................................................................................11
8.N. FINAL PAYMENT TO KIMLEY-HORNAND ASSOCIATES, INC, FOR THE WABASSO
SUB AQUEOUS FMAND WM CROSSING PROJECT, UCP -960 ..................................11
8.0. WINTER GROVE SUBDIVISION WATER ASSESSMENT PROJECT, UCP NO.4002,
APPROVAL OF CHANGE ORDER NO.1 AND FINAL PAYMENT TO CONTRACTOR
AND RELEASE OFRETAINAGE, W.LP. No. 473-169000-0857BID NUMBER
2008046.......................................................................................................................12
8.P. APPROVAL OFRENEWAL FOR A CLASS "E" CERTIFICATE OFPUBLIC
CONVENIENCE AND NECESSITY FOR WE CARE OF THE TREASURE COAST INC.
TO PROVIDE WHEELCHAIR /STRETCHER SERVICES.................................................12
8.Q. RENEWAL OFPROFESSIONAL CIVIL ENGINEERING SERVICESAGREEMENT
2008-2009...................................................................................................................13
8.R. AMENDMENT TO RESOL UTION 2008-141 ABANDONING A PORTION OF 107TH
COURT IN VERO LAKE ESTATES.................................................................................13
8.S. RIGHT-OF-WAYACQUISITION- 66THAVENUE #0370, 6700 37THSTREET,
INTERSECTION TRANSITION, PAUL A. AND MAR YA. THORNTON, HUSBAND
ANDWIFE....................................................................................................................14
8.T FEC RAILROAD REIMBURSEMENT AGREEMENT FOR GRADE CROSSING AND
CROSSING TRAFFIC CONTROL DEVICES, 43" STREET RAILROAD CROSSING
CONSTR UCTION B Y FD O T..........................................................................................14
8.U. RIGHT-OF-WAYACQUISITION- 66THAVENUE #0370, 6 78 0 49THSTREET,
INTERSECTION TRANSITION, DONAND PAM GROVES, HUSBAND AND WIFE ........... 15
8.V. PRANGE ISLANDS CONSERVATIONAREA ADOPTIONAGREEMENT ...........................15
8.W. WORK ORDER NO.9 (ENGINEERING/SURVEYING MASTELLER, MOLER, REED
AND TAYLOR, INC., CR512 PHASE H- DRAINAGE POND E, ST..IOHNS RIVER
WATER MANAGEMENT DISTRICT CONSERVATIONEASEMENT BOUNDARY
SURVEY... . ... . ... . ... . .. . . ... . ... . ... . ... . ... . .. . . ... . .. . . ... . ... . ... . ... . ... . .. . . ... . .. . . ... . ... . ... . ... . ... . .. . . ... . .. . . ... .16
8.X. WORK ORDER NO. 15 (ENGINEERING/SURVEY) - FULL & FINAL PAY, 43"
AVENUE AND STATE ROAD 60 INTERSECTIONIMPROVEMENTS PROJECT,
RIGHT-OF-WAY& LAND ACQUISITION "MARKS MOBIL"PARCEL BOUNDARY
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November 18, 2008
SURVEY, CARTER ASSOCL4TES, INC. - IRC PROJECT NO.0855, CONTINUING
PROFESSIONAL SURVEYING & MAPPING/GIS SER VICES CONTRACT 0725 ..............16
8.Y CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66THAVENUE FROM SOUTH OF SR 60 TO
59TH STREET, AMENDMENT NO.6..............................................................................17
8.Z. MISCELLANEOUSBUDGETAMENDMENT 002............................................................17
8. AA. HOLIDAYSCHEDULE FOR INDIANRIVER COUNTYLIBRARYSYSTEM ......................17
8.BB. AGREEMENT WITHIRCIPOINTE WWIPYROTECNICO FOR FIREWORKS.................18
8. CC SOUTH COUNTYREGIONAL PARK (SCRP) PLAYGROUND.........................................19
8.DD.2008 BAYTREE AND MARBRISA DUNE RESTORATIONPROJECT, CONSTRUCTION
CONTRACT - CKA AND ASSOCL4TES, INC..................................................................20
8.EE. MISCELLANEOUSBUDGETAMENDMENT 022............................................................20
8. FF. VACATION COMPENSATION CONSIDERATION............................................................20
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES-NONE.......................................................................................21
10. PUBLIC ITEMS............................................................................................21
10.A. PUBLICHEARINGS...............................................................................................21
10.A.1. LARS HAKANSSONAND ROBINDAVIS' REQUEST FOR ABANDONMENT OFA
PORTION OF 48THAVENUE IN WABASSO (LEGISLATIVE...........................................21
10.A.2. COUNTYINITL4TED REQUEST TOAMEND THE CAPITAL IMPROVEMENTS
ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE......................................22
10.A.3. CONSIDERATION OF THE INDL4NRIVER COUNTY COMPREHENSIVE PLAN
E VAL UA TION AND APPRAISAL REPORT (EAR) (LEGISLATIVE).................................30
10.B. PUBLICDISCUSSIONITEMS..............................................................................31
10.B.1. REQUEST TO SPEAKFROMMARYMCGUIRESMITHREGARDING
CLARIFICATION OFRULESAND PROTOCOL...............................................................31
10.B.2. REQUEST TO SPEAKFROMEVERETTEBROWNREGARDING43'AVENUE ........... 31
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November 18, 2008
IO.B.3. REQUEST TO SPEAK FROM DR. STEPHEN.. FAHERTY, SR. REGARDING VERO
BEACH UTILITY AND MIAMI -RADE MUNICIPAL TAX ISSUE AND PROHIBITION
RESOLUTION................................................................................................................31
IO.C. PUBLICNOTICE ITEM ..........................................................................................33
10. C.1. SCHEDULED FOR PUBLICHEARING ONDECEMBER 2,2008: ............. 33
COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT TO ALLOW UP TO
TWENTY FI VE PERCENT (25%) RECREATIONAL VEHICLE USE WITHIN THE
MOBILE HOME RENTAL PARK (MHRP) LAND USE CATEGORY, AND TO AMEND
THE TEXT OF THE COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT
AND THE TEXT OF THE COASTAL MANAGEMENT ELEMENT BYREVISING THE
DEFINITION OF THE COASTAL HIGH HAZARD AREA (CHHA), AND BY
UPDATING THE COASTAL HIGH HAZARD AREA MAPS AND DEPICTING THE
CHHA ON THE FUTURE LAND USE MAP (LEGISLATIVE) ......................................... 33
11. COUNTY ADMINISTRATOR'S MATTERS.........................................34
H.A. CHILDCARE RESOURCES OFINDIANRIVER COUNTY USE OF FAIR GROUNDS
EXPOCENTER.............................................................................................................34
12. DEPARTMENTAL MATTERS.................................................................35
12.A. COMMUNITYDEVELOPMENT-NONE...........................................................................35
12.B. EMERGENCYSERVICES-NONE...................................................................................35
12. C. GENERAL SERVICES-NONE.........................................................................................35
12.D. HUMANRESOURCES-NONE........................................................................................35
12.E. HUMANSERVICES-NONE............................................................................................35
12.F. LEISURESERVICES-NONE..........................................................................................35
12G. OFFICE OF MANAGEMENT AND B UDGET-NONE....................................................... 35
12.H. RECREATION-NONE....................................................................................................35
12.L PUBLIC WORKS............................................................................................................35
12L]. STATE ROAD 60 BETWEENI-95 AND 82" A VENUE, .JOINT PARTICIPATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
ADVANCE FUNDS FOR WIDENING STATE ROAD 60 FROM 4 -LANES TO 6 -LANES...... 35
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November 18, 2008
12.L2. AWARD FOR CONSTRUCTION OF EGRET MARSHREGIONAL STORMWATER
PARK, PROJECT NO.0430, BID NO. 2008076 AND LICENSE AGREEMENT WITH
HYDROMENTL4, INC...................................................................................................36
12..1 UTILITIES SERVICES...................................................................................................42
12.J.1. SOUTHAND NORTH COUNTYREVERSE OSMOSIS WATER TREATMENT PLANT,
TECHNICAL ASSISTANCE IN WATER SUPPLYPLANNING PROJECTS, CAMP
DRESSER & MCKEE, INC. (CDM) -AMENDMENT No. 2 TO WORK ORDER NO.
542
12.J.2. AMENDMENT NO.4 TO WORK ORDER No. 2 TO PBS&J—ADDITIONAL
MODELING TASKS ASSOCIATED WITH CONSUMPTIVE USE PERMIT ......................... 42
12.J.3. SPOONBILL MARSH WETLAND FACILITY- UCP 2785, CHANGE ORDER NO. I
FOR TIMROSE CONTRACTING, INC............................................................................43
12.J.4. SR60 FROM87THAVENUE To 90THAVENUE CONFLICTRESOLUTION WITH
FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS,
APPROVAL OF WORK ORDER NO. 8 FOR ENGINEERING DESIGNSERVICES TO
RETAINSCHULKE, BITTLE & STODDARD AND APPROVAL OFPROJECT FOR
PUBLICBID, UCP#3098............................................................................................43
13. COUNTY ATTORNEY MATTERS.........................................................44
B.A. POINTE WEST SOUTH VILLAGE, PHASE I P.D., DEVELOPER: POINTE WEST OF
VERO BEACH, LTD., DEFAULT UNDER SIDEWALK CONTRACT..................................44
B.B. ATTORNEY-CLIENT SESSION: DIVOSTA HOMES, L.P. AND DIVOSTA HOMES
HOLDINGS, L.L.C. VS. INDiANRIVER COUNTY, CASE No. 20070109 -CA -19..........45
14. COMMISSIONER ITEMS.........................................................................45
14.A. COMMISSIONER WESLEYS. DAMS, CHAIRMAN........................................................45
14A.1.RESOLUTIONAND RECOMMENDATIONFOR "STAN MA YFIELD MEMORIA L
HIGHWAY':..................................................................................................................45
14.8. COMMISSIONER JOSEPHE. FLESCHER, VICE CHAIRMAN -NONE ............................47
14. C COMMISSIONER PETER D. O'BRYAN.........................................................................47
14. Cl. DISCUSSION OF STATUS OF OFFER TO MAJOR LEAGUE BASEBALL TEAM ............ 47
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November 18, 2008
14.D. COMMISSIONER GARY C. WHEELER-NONE..............................................................49
14.E. COMMISSIONER BOB SOLARI......................................................................................49
14.E.1. ECONOMICDEVELOPMENT.....................................................................................49
15. SPECIAL DISTRICTS AND BOARDS....................................................50
15.A. EMERGENCY SERVICESDISTRICT-NONE..................................................................50
15.B. SoLiD WASTE DISPOSAL DISTRICT............................................................................ 50
15.B.1. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 23, 2008 ...............51
15.B.2. RFP No. 2008052 WASTE TO ENERGYPROJECT - SELECTION COMMITTEE
REPORT....
..51
15. C. ENVIRONMENTAL CONTROL BOARD-NONE............................................................... 51
16. ADJOURNMENT.........................................................................................51
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November 18, 2008
November 18, 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, November 18, 2008. Present were Commissioners Joseph E. Flescher and Peter D.
O'Bryan, re-elected Commissioners Wesley S. Davis and Gary C. Wheeler, and Commissioner -
Elect Bob Solari. Also present were County Administrator Joseph A. Baird, County Attorney
William G. Collins II, and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Commissioner Wesley Davis 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 Attorney William G. Collins II, led the Pledge of Allegiance to the Flag.
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November 18, 2008
OATH OF OFFICE BOARD OF COUNTY COMMISSION -
JUDGE DAVID MORGAN
Judge David Morgan administered the Oath of Office to re-elected Commissioners
Wesley S. Davis, Gary C. Wheeler, and to Commissioner -Elect Bob Solari.
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
Commissioner Davis invited County Attorney William Collins to conduct the
election of Chairman of the Board.
Attorney Collins opened the floor to nominations for Chairman.
Commissioner Flescher NOMINATED Commissioner
Wesley S. Davis for Chairman. Commissioner Bob Solari
SECONDED the nomination. There were no other
nominations.
Attorney Collins CALLED FOR A VOTE on the
nomination for Chairman. The Board unanimously
accepted the nomination and appointed Commissioner
Wesley S. Davis as Chairman of the Board for the year
2009.
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN
Attorney Collins then handed the proceedings over to the new Chairman, Wesley
S. Davis, to conduct the nominations for Vice Chairman.
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November 18, 2008
Chairman Davis opened the floor to nominations for Vice Chairman.
Commissioner Wheeler NOMINATED Commissioner
Peter D. O'Bryan for Vice Chairman.
Commissioner Solari NOMINATED Commissioner
Joseph E. Flescher for Vice Chairman.
Chairman Davis CALLED FOR A VOTE on the
nomination for Vice Chairman. The Board, by a 3-2 vote
(Commissioners O'Bryan and Wheeler opposed) accepted
the nomination made by Commissioner Solari and
appointed Commissioner Joseph E. Flescher as Vice
Chairman of the Board for the year 2009.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATIONDESIGNATING THE MONTH OF
NOVEMBER 2008. AS NATIONAL ADOPTIONAWARENESS MONTH
Chairman Davis read and presented the Proclamation to Tim Zorc, who thanked
the Board for its recognition. Mr. Zorc discussed the benefits of adopting through the State's
adoption program, the Children's Home Society.
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November 18, 2008
S.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 23 —
29, 2008, AS CMRISTIANHERITAGE WEEK ININDIAN RIVER COUNTY
Chairman Davis read and presented the proclamation to Bob Johnson, who on
behalf of the American Families Association, thanked the Board for its continued support.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF SEPTEMBER 16, 2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of September 16, 2008. There were none.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Minutes of the Regular Meeting of
September 16, 2008, as written.
6.B. REGULAR MEETING OF SEPTEMBER 23.2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of September 23, 2008. There were none.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Minutes of the Regular Meeting of
September 23, 2008, as written.
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November 18, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
%A. RESIGNATION OF DISTRICT S APPOINTEE TO THE BOARD OF ZONING
ADJUSTMENTS
(Clerk's Note: Dr. Stephen Faherty, Sr., District S Appointee to the Board of
Zoning Adjustments, has submitted his resignation. His term would expire in 2010).
8. CONSENT AGENDA
Vice Chairman Flescher asked to pull Items 8.S., 8.U., and 8.1313. for discussion.
Commissioner O'Bryan asked to pull Item 8.J. for discussion.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES —OCT 24 TO OCT 30, 2008
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the list of Warrants and Wires as issued by the
Clerk to the Board for the time period of October 24, 2008
to October 30, 2008, as requested in the memorandum
dated October 30, 2008.
8.B. APPROVAL OF WARRANTS AND WIRES —OCT 31 TO NOV 6, 2008
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November 18, 2008
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the list of Warrants and Wires as issued by the
Clerk to the Board for the time period of October 31, 2008
to November 6, 2008, as requested in the memorandum
dated November 6, 2008.
8.C. INDIANRIVER COUNTYINVESTMENT ADVISORY COMMITTEE.
OUARTERLYINVESTMENT REPORT FOR THE OUARTER ENDING
9/30/08
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
accepted the Investment Advisory Committee Quarterly
Report for the time period of July 1, 2008 through
September 30, 2008, as recommended in the memorandum
of November 6, 2008.
8.D. EXCHANGE CLUB OF TREASURE COAST
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved donating the use of the County's light carts for a
fundraiser to be held by the Exchange Club of the
Treasure Coast on December 5, 2008, as recommended in
the memorandum of November 12, 2008.
8.E. ANNUAL SIGNATORIES RESOLUTION
6
November 18, 2008
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Resolution 2008-173, directing depositories of
County funds to honor certain authorized signatures on
County checks, warrants, and other orders for payment;
providing for Board of County Commissioners and Clerk
of the Circuit Court signatories; rescinding Resolution No.
2007-157; delegating authority to the County
Administrator to declare states of local emergencies and to
act in a State of Florida declared emergency affecting
Indian River County; and providing an effective date.
8.F. STASZEWSKLIWINGS OF JOY CHRISTIAN BOOK STORE LEASE
EXTENSION
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
authorized the Chairman to execute the Lease Extension
with Donald and Joanne Staszewski, doing business as the
Wings of Joy Christian Book Store, for an additional one-
year period, as recommended in the memorandum of
November 7, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN JAMES
AND LORINE JENKINS AND INDIAN RIVER COUNTY
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously: (1)
authorized payment of $105,480 to Mr. and Mrs. Jenkins;
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November 18, 2008
(2) authorized an attorney's fee of $5,537.70, to Charles
Sullivan, Sr., (3) directed Public Works to credit Mr. and
Mrs. Jenkins utility connection account in the sum of $650
representing one-half of the line connection fee to the
County water; and (4) authorized the Chairman to sign the
Purchase and Sale Agreement with James D. Jenkins and
Lorine Jenkins, as recommended in the memorandum of
November 12, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K REOVEST PERMISSION TO ADVERTISE FOR A PUBLIC HEARING TO
AMEND CERTAIN SECTIONS OF THE ANIMAL CONTROL ORDINANCE
CODIFIED IN CHAPTER 302 OF THE INDIAN RIVER COUNTY CODE
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
authorized staff to advertise for a Public Hearing to be
held December 16, 2008, to adopt the proposed
Ordinance, as recommended in the memorandum of
November 12, 2008.
8.L LAKES AT BROOKHAVENSUBDIVISION, REQUEST FOR ANEXTENSION
TO COMPLETE REOUIRED IMPROVEMENTS. DEVELOPERS. THE LAKES
ATBROOKHAVEN, LLC(DOMENICKR. LIOCE, MANAGER), LAKES AT
BROOKHAVENDEVELOPMENT, LLC (DOMENICKR. LIOCE,
MANAGER)
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
8
November 18, 2008
approved the Modification to Contract for Construction of
Required Improvements No. SD -03 -02 -09 -CFC
(2001030151-52639) to extend the completion date to
February 6, 2009, and authorized the Chairman to execute
same so long as the Letter of Credit Amendment
guaranteeing completion of the remaining required
improvements is received by 2:00 p.m. on Monday,
December 15, 2008 by the County Attorney's Office, is in
acceptable format, and extends the expiration date to May
6, 2009, as recommended in the memorandum of
November 10, 2008.
B.J. ACOIIISITIDNOFRIGHT-OF-WAYALONG 66THAVENUE
Commissioner O'Bryan expressed concerns about the price for this parcel. He
pointed out that the property was purchased in 2003 for $70,000, at $35,000 per acre, and the
County was now being asked to pay $130,000 per acre.
MOTION WAS MADE by Commissioner O'Bryan
SECONDED by Chairman Davis for discussion, to table
the purchase of the Wilson property, and to obtain a
second appraisal on same.
Deputy County Attorney Bill DeBraal revealed that the County's offer of $260,000
was 15% over the appraised value of $225,000, based on Peter Armfield and Associates'
appraisal, which he believed had been done in 2007.
County Attorney Collins declared that since the appraisal is over 4 months old, and
could be considered stale, the Board could order a new appraisal to see what the current market
is.
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November 18, 2008
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board unanimously
approved to table the purchase of the Wilson property, and
to obtain a second appraisal on same.
8.K MATERIAL FOR BLUE CYPRESS LAKE ROAD
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved purchasing 23,000 tons or 1,150 truckloads of
asphalt millings from Elmo Greer and Sons, at a cost of
$201,250.00, delivered to Blue Cypress Lake Road. The
Road and Bridge Division will install and compact the
millings along the 4.5 miles, as recommended in the
memorandum of November 11, 2008.
8.L. AMENDMENT NO.2 TO THE CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT FOR INTERSECTIONIMPROVEMENTS AT
SR 60 AND 43RDA VENUE AND WIDENING OF 43RDA VENUE TO S LANES
FROM SR 60 TO 26TH STREET
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Amendment No. 2 to the Professional
Engineering/Land Surveying Services Agreement with
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November 18, 2008
Arcadis, as recommended in the memorandum of
November 3, 2008.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. APPROVAL OF PROFESSIONAL GEOTECHNICAL SERVICES
AGREEMENTS, 2008-2009, RFO # 2008071
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Professional Geotechnical Services
Agreements with the following three (3) firms that have
submitted fee schedules: (1) AM Engineering and
Testing, Inc. of Port St. Lucie, Florida; (2) Dunkelberger
Engineering & Testing, Inc. of Port St. Lucie, Florida; and
(3) Ardaman & Associates, Inc. of Port St. Lucie, Florida,
as recommended in the memorandum of November 3,
2008.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. FINAL PAYMENT TO KIMLEY-HORNAND ASSOCIATES, INC., FOR THE
WABASSO SUB AQUEOUS FMAND WM CROSSING PROJECT, UCP -
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
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November 18, 2008
approved final payment for $3,533 to Kimley-Horn and
Associates, Inc., as recommended in the memorandum of
October 24, 2008.
8.0. WINTER GROVE SUBDIVISION WATER ASSESSMENT PROJECT. UCP
No. 4002. APPROVAL OF CHANGE ORDER NO. I AND FINAL PAYMENT
TO CONTRACTOR AND RELEASE OF RETAINAGE. W.I.P. No. 4 73-
169000-085 7 BID NUMBER 2008046
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously: (1)
approved the total project construction cost of $55,089.00;
(2) approved Change Order No. I for an additional
amount of $3,872.00; and (3) approved Application for
Payment No. 2 — Final as final payment to the contractor,
Young's Communications Co., Inc., in the amount of
$17,422.20, as recommended in the memorandum of
November 10, 2008.
8.P. APPROVAL OF RENEWAL FOR A CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR WE CARE OF THE TREASURE
COAST INC. TO PROVIDE WHEELCHAIR /STRETCHER SERVICES
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved renewal of the Class "E" Certificate of Public
Convenience and Necessity for We Care of the Treasure
Coast, Inc., to be effective for a period of two (2) years
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November 18, 2008
from February 6, 2009, to February 6, 2011, as
recommended in the memorandum of November 7, 2008.
CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. RENEWAL OF PROFESSIONAL CIVIL ENGINEERING SERVICES
AGREEMENT 2008-2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the agreements with: (1) Arcadis G & M, Inc. of
West Palm Beach, Florida; (2) Carter Associates, Inc. of
Vero Beach, Florida; (3) Kimley-Horn & Associates, Inc.
of Vero Beach, Florida, and (4) McMahon Associates, Inc.
of Palm Beach Gardens, Florida, and authorized the
Chairman to execute same, as recommended in the
memorandum of October 23, 2008.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. AMENDMENT TO RESOLUTION 2008-141 ABANDONING A PORTION OF
107TH COURT IN VERO LAKE ESTATES
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Resolution 2008-174, amending and correcting
Resolution 2008-141, abandonment of a segment of 107th
Court in Vero Lake Estates.
13
November 18, 2008
8.S. RIGHT oF=WAYACOUlsITIoN- 66THAVENUE #0370, 6700 37TH
STREET, INTERSECTION TRANSITION. PAUL A. AND MARYA.
THORNTON, HUSBAND AND WIFE
Vice Chairman Flescher spoke of the challenges of the acquisition process, and
commended Public Works Director Jim Davis, Assistant Public Works Director Chris Mora, and
Land Acquisition Specialist Louise Gates, for transacting an acquisition that was fair and
equitable.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Solari, the Board unanimously approved
Alternative No. 1, the purchase of the 0.268 acre parcel on
the north side of 37th Street, west of 66th Avenue for the
purchase price of $13,865.34, plus $693.27 in attorney
fees, and authorized the Chairman to execute the Purchase
Agreement with Paul A. and Mary A. Thornton, as
recommended in the memorandum of October 30, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.T. FEC RAILROAD REIMBURSEMENTAGREEMENT FOR GRADE
CROSSING AND CROSSING TRAFFIC CONTROL DEVICES. 43" STREET
RAILROAD CROSSING CONSTRUCTION BY FDOT
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Resolution 2008-175, authorizing execution of a
Railroad Reimbursement Agreement for the installation of
grade crossing traffic control devices, and future
maintenance and adjustment of said devices; providing for
14
November 18, 2008
the expenditure of funds; and providing when this
Resolution shall take effect.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.U. RIGHT-OF-WAYACOZIISITION— 66THAVENUE #0370.6780 49TH
STREET, INTERSECTION TRANSITION. DON AND PAM GROVES.
HUSBAND AND WIFE
Vice Chairman Flescher recognized Public Works Director Jim Davis, Assistant
Public Works Director Chris Mora, and Land Acquisition Specialist Louise Gates for obtaining
the necessary right-of-way for roadway improvement.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Solari, the Board unanimously approved
Alternative No. 1, the purchase of 0.098 acres on the north
side of 49th Street, west of 66th Avenue, for the purchase
price of $5,071.50, plus attorney fees of $353.58; and
authorized the Chairman to execute the Purchase
Agreement with Don and Pam Groves, as recommended in
the memorandum of November 3, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.V. PRANGE ISLANDS CONSERVATIONAREA ADOPTIONAGREEMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Prange Islands Conservation Area Adoption
Agreement, and authorized the Chairman to execute same,
15
November 18, 2008
as recommended in the memorandum of November 3,
11:
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.W. WORK ORDER NO. 9 (ENGINEERING/SURVEYING) MASTELLER,
MOLER, REED AND TAYLOR, INC., CR512 PHASE II — DRAINAGE
POND E. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
CONSERVATIONEASEMENT BOUNDARYSURVEY
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Work Order No. 9 with Masteller, Moler, Reed
& Taylor, Inc., authorizing the project as outlined in the
Scope of Services, and authorized the Chairman to execute
same, as recommended in the memorandum of October
29, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.X. WORK ORDER NO. 15 (ENGINEERING/SURVEY) —FULL & FINAL PAY,
43RDAVENUE AND STATE ROAD 60 INTERSECTIONIMPROVEMENTS
PROJECT. RIGHT-OF-WAY & LAND ACQUISITION "MARKS MOBIL"
PARCEL BOUNDARYSUR VEY, CARTER ASSOCIATES. INC. —IRC
PROJECT NO. 0855, CONTINUING PROFESSIONAL SURVEYING &
MAPPING/GIS SERVICES CONTRACT 0%25
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved payment of Carter Associates, Inc. Invoice No.
16
November 18, 2008
08462-1, dated October 30, 2008, in the amount of
$3,100.00 for full and final payment of Work Order No.
15, as recommended in the memorandum of November 3,
2008.
8.Y. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FDR BRIDGE
REPLACEMENTS AND WIDENING OF 66THAVENUE FROMSOUTH OF
SR 60 TO 59TH STREET, AMENDMENT NO. 6
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Amendment No. 6 to the Professional
Engineering/Land Surveying Services Agreement with
Arcadis, as recommended in the memorandum of
November 3, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.Z. MISCELLANEOUSBUDGETAMENDMENT 002
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Resolution 2008-176, amending the Fiscal Year
2008-2009 Budget.
8.AA. HOLIDAYSCHEDULE FOR INDIANRIVER COUNTYLIBRARYSYSTEM
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the following Holiday Schedule for the Indian
17
November 18, 2008
River County Library System, as recommended in the
memorandum of November 18, 2008:
THANKSGIVING — (Thursday, November 27, 2008)
Main Library, North County Library, Gifford Youth
Activity Center Library and Law Library:
Closed 5:00 p.m. Wednesday, November 26, 2008,
All day Thursday, November 27, 2008, and Friday
November 28, 2008.
CHRISTMAS - (Thursday, December 25, 2008)
Main Library, North County Library, Gifford Youth
Activity Center Library and Law Library:
Closed at 5:00 p.m. Wednesday, December 24, 2008,
All day Thursday, December 25, and Friday, December
26, 2008
NEW YEAR'S DAY — (Thursday, January 1, 2009)
Main Library, North County Library, Gifford Youth
Activity Center Library and Law Library:
Closed at 5:00 p.m. Wednesday, December 31, and New
Year's Day, January 1, 2009
8.BB. AGREEMENT wITHIRC/POINTE WESTIPYROTECNICo FOR
FiREwoRKs
Vice Chairman Flescher praised the cost-sharing arrangement that the County has
with Pointe West for this recreational endeavor. He reported that he had conveyed his concerns
18
November 18, 2008
to Chuck Mechling that the price of $6,000 was too high, and that Mr. Mechling had presented
his concerns to the Pyrotecnico representative, who was willing to reduce the cost.
Chuck Mechling, 1999 Pointe West Drive, related that Pyrotecnico had agreed to
provide the fireworks display at cost. This resulted in a $2,000 reduction of the total cost, which
would be apportioned between Pointe West and the County, and which would allow Pointe West
to add some "bounce houses" to the day's festivities.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Chairman Davis for discussion, to
approve the Contract with Pyrotecnico, and to accept the
$2,000 cost reduction to be split 50150 with Pointe West.
Commissioner Solari announced that the fireworks display would be held on
December 20, 2008.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved the
Contract with Pyrotecnico, with a $2,000 reduction to be
split 50150 with Pointe West, and authorized the County
Administrator or his designee to execute same, along with
Pointe West as co-sponsor.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CC. SOUTH COUNTYREGIONAL PARK (SCRP) PLAYGROUND
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
authorized the County Administrator or his designee to
initiate purchase and installation of the GameTime
19
November 18, 2008
Playground to Dominica Recreation Products in the
amount of $124,999.76 for South County Regional Park,
as recommended in the memorandum of November 6,
2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.DD. 2008 BAYTREE AND MARBRISA DUNE RESTORATIONPROJECT.
CONSTRUCTION CONTRACT — CKA AND ASSOCIATES. INC.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Privity Agreement with CKA and
Associates, Inc., in the amount of $347,806, as
recommended in the memorandum of November 6, 2008.
Pursuant to staff, the project is eligible for $173,903 or 50% cost sharing with
FDEP under Grant 071R2. Additionally, and as stated in the Tri -Parry Agreement, Baytree and
Marbrisa will jointly fund the 50% or $173,903 local match requirement of the Grant. Therefore
the County will expend no local dollars on this project.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.EE. MISCELLANEOUSBUDGETAMENDMENT 022
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Resolution 2008-177, amending the fiscal year
2007-2008 Budget.
8. FF. VACATION COMPENSATION CONSIDERATION
20
November 18, 2008
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
authorized the payment of up to one week for excess
vacation time over the maximum accrual. Employees will
forfeit all additional vacation accruals over the maximum,
all as recommended in the memorandum of November 13,
2008.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLICHEARINGS
10.A.1. LARS HAKANSSONAND ROBINDAVIS ' REOUEST FOR
ABANDONMENT OF A PORTION OF 48TH A VENUE IN WABASSO
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Planning Director Stan Boling recapped the backup memorandum of October 16,
2008 to provide background information on the request by Lars Hakansson and Robin Davis for
the County to abandon a segment of right-of-way located on 48ffi Avenue, one block east of US
Highway 1 in Wabasso, and between 85th Place and 86th Street, within the Weona Park
Subdivision. He displayed slides and aerials of the subject right-of-way (copy on file), and
divulged that the abandonment would not affect the zoning line. He then presented staff's
recommendation that the Board of County Commissioners approve the right-of-way
abandonment, with the reservation of a drainage easement over the entire right-of-way area, and
a 30' wide utility easement running north/south and centered in the existing right-of-way.
21
November 18, 2008
Chairman Davis and Commissioner O'Bryan asked Director Boling whether the
subject right-of-way might become necessary for future access and have to be repurchased, and
learned from Director Boling that it would not.
The Chairman opened the public hearing.
Arthur Krieger, 7625 58th Court, who had been working with the owners on the
abandonment, expressed his appreciation for the County's cooperation in the right-of-way
abandonment.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Resolution 2008-178, providing for the closing,
abandonment, vacation and discontinuance of the segment
of 48th Avenue (Oleander Avenue) that lies between 85th
Place (Poinsettia Blvd) and 86th Street (Palm Blvd) in
Wabasso, said land lying in Indian River County, Florida.
10.A.2. COUNTYINITIATED REQUEST TO AMEND THE CAPITAL
IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating, through a PowerPoint
presentation (copy on file), and a recap of the backup memorandum dated November 5, 2007,
provided background description and analysis on the request to amend the Capital Improvements
22
November 18, 2008
Element (CIE) of the Comprehensive Plan. He noted that today's hearing was a continuation of
the November 4, 2008 hearing, at which time staff was asked to address the Board's concerns
regarding the Transportation section (which basically focused on right-of-way acquisitions for
the 43rd and 66th Avenue road projects) of the Capital Improvements Program (CIP). He
thereafter detailed the changes which staff had made to the draft CIE.
Director Keating noted that the Capital Improvements Element (CIE) of the
Comprehensive Plan requires an annual update, and must demonstrate "Financial Feasibility",
with the amended Capital Improvements Element submitted for compliance review to the
Department of Community Affairs (DCA) by December 1, 2008. Director Keating thereafter
presented staff's recommendation that the Board approve the amendment to the Capital
Improvements Element, and direct staff to transmit the amended Capital Improvements Element
to the DCA for review.
Discussion ensued between the Board and staff regarding whether the $2 million
allocation for road projects would be enough to purchase all of the necessary right-of-way
parcels on 66th Avenue. Director Mora acknowledged that eventually more money would be
needed.
Budget Director Jason Brown pointed out that each portion of the Comprehensive
Plan is amended each year, and that adjustments to the funding can be made as needed at that
time.
Commissioner Wheeler sought and received information from Assistant Public
Works Director Chris Mora regarding the 26th Street (43rd Avenue to US 1) road widening
project, from which $2 million had been transferred for the right-of-way purchases on 66th
Avenue. He then requested that staff provide various statistics to him regarding the right-of-way
acquisitions on 66th Avenue; if the numbers are what he assumes, his first priority would be to
protect the homeowners who are being inconvenienced, by speeding up the right-of-way
acquisition process. He offered suggestions towards streamlining the acquisition processes: (1)
23
November 18, 2008
set up a special department to deal strictly with acquisitions; and (2) focus on purchasing needed
right-of-way, then start looking at building the projects with the remaining monies.
Chairman Davis supported Commissioner Wheeler's sentiments, and wanted to see
staff develop a plan for a right-of-way acquisitions department.
Director Mora and County Administrator Baird provided information for Vice
Chairman Flescher regarding two segments of the SR 60 road project, Segment 1 (2 miles from
82h Avenue to 66th Avenue) which cost $38 million, and Segment 2 (1 '/z miles from I-95 to 82nd
Avenue).
Vice Chairman Flescher voiced that funding had already been designated for the
66th Avenue Road Project, and that there had been a cost reduction on the SR 60 project; and
wondered why only $2 million was available for the right-of-way acquisition fund at this time.
He expressed concern over whether the County had enough revenue to satisfy the Notice to
Owner letters which have already been sent.
Director Brown acknowledged that the County was running low on road project
funding, and could be looking at a serious shortfall in funds for road projects overall. He noted
that this was not a problem unique to Indian River County; the Federal Government ran out of
money last month for road projects.
Commissioner Wheeler reiterated that he would be in favor of approving the
amendment to the CIE, but to make the priority be property acquisition, and to not necessarily
build roads this year.
three months.
County Administrator Baird suggested the Board be given a status update every
Chairman Davis supported planning for future growth by obtaining the right-of-
way, noting that would also enable developers to put in some of the roads.
24
November 18, 2008
Commissioner O'Bryan wanted statistics on any of the road projects which were at
60% design completion, and also wanted to establish personal accountability to track the
progression of a project to its completion.
Discussion continued as Commissioners expressed their desire to establish a
tracking mechanism, and to have staff develop a Department of Acquisitions to streamline the
right-of-way acquisition process.
The Chairman opened the public hearing.
Penny Chandler, IRC Chamber of Commerce, questioned the validity of
removing funding from infrastructure improvements, such as was proposed on 26th Avenue. Ms.
Chandler requested that if changes were going to be made to infrastructure improvements within
the Enterprise Zone, that a report be provided to the Enterprise Zone Advisory Committee.
Bob Johnson, Coral Winds Subdivision, opposed approval of the proposed CIE,
fearing that it would cause an increase in gasoline taxes. He also suggested that the County
widen one, rather than two, lanes on 43rd Avenue.
Dian George, 27th Avenue, thanked Commissioner Wheeler and supported his
stance on obtaining right-of-way properties prior to building the roads.
Adriene Cuffe, 695 43rd Avenue, also agreed with Commissioner Wheeler, and
further expressed her desire for 43rd Avenue to be 3-laned, according to the original plan.
Ruth Stanbridge, 4835 66th Avenue, urged the Commissioners to honor the
commitments made to the landowners where right-of-way is needed, and to assign a realistic
figure for road acquisitions.
25
November 18, 2008
The Chairman called a recess at 10: 40 a.m. and reconvened the meeting at 10:50
a.m., with all members present.
Charlene Brown, 5145 66th Avenue, believed that the payback from the FDOT
from SR60 should be put into the purchase of right-of-way.
Administrator Baird acknowledged that the residents on 66th Avenue were
unhappy with the amount of funding budgeted for the acquisitions on their road, and reiterated
that the plan could be changed; the Board could direct administration to work on other avenues
of funding for the project, if it so desired.
Joseph Paladin, President Black Swan Consulting, cautioned the Board to be sure
that any changes in the design to 43rd Avenue would maintain concurrency, noting that when the
project had been designed, the residents had been promised an 80 foot right-of-way. He also
advised amending the LDR's to permit shifting funds back and forth between Districts.
Ms. Stanbridge, 4835 66th Avenue, suggested that the Board be provided with
updates on the County road projects every thirty days, rather than every three months, as
suggested earlier by Administrator Baird.
A brief discussion ensued among Commissioners and staff regarding the optional
sales tax and the gas tax.
Ms. George opposed any additional taxation.
There were no additional speakers, and the Chairman closed the public hearing.
Director Brown clarified for Commissioner Wheeler the total amount available,
and the total amount required, for road projects.
26
November 18, 2008
MOTION WAS MADE by Commissioner Wheeler for the
County to set forth, with the Capital Improvements
Program, that priorities have changed from funding
projects to funding right-of-way acquisitions. MOTION
DIED FOR LACK OF A SECOND.
Discussion ensued between Commissioners and staff regarding options for
increased funding for the 66th Avenue Road Project.
Chairman Davis declared that it was not feasible to do the 66th Avenue Road
Project with the $2 million allocated.
Public Works Director Jim Davis advised that there was a substantial amount of
funding within the five-year Capital Improvements Program for right-of-way acquisition, and if
the $2 million budgeted for 66th Avenue is over -expended, funding can be borrowed from other
projects.
Administrator Baird suggested aggressively purchasing the right of way, re-
adjusting as needed, and reviewing projects and status with the Board every three months.
Commissioners and staff engaged in detailed discussion on the 43rd and 66th
Avenue Road Projects, the five-year plan, the funds which had been advanced to the FDOT for
the SR 60 Road Project, and the possibility of transferring funds designated for other projects to
the 66th Avenue project.
Relative to transferring funds from other projects, Commissioner Solari felt it
would be best for the Metropolitan Planning Organization (MPO) to come back with suggestions
on any project which could be removed at this time.
Chairman Davis wanted to move both construction and right-of-way acquisitions
forward, with some exceptions.
27
November 18, 2008
Commissioner Wheeler reiterated that he would support the CIP, provided that it
was clear that the number 1 priority would be right-of-way acquisitions, rather than construction.
Not only did he not want to run out of money to purchase right-of-way, he wanted to see things
speeded up, so the homeowners would not be in limbo.
Chairman Davis wanted to see staff come up with a plan to fund the right-of-way
purchases for those owners on 66th Avenue who have been given their Notice to Owner letters,
and to see this worked out in the 2009/2010 and the 2010/2011 fiscal years.
MOTION WAS MADE by Commissioner Wheeler, to
approve staff's recommendation, with the caveat that a
priority for expenditures would be right-of-way
acquisitions, and with the Metropolitan Planning
Organization (MPO) evaluating the roads and projects to
find additional funding for same. MOTION DIED FOR
LACK OF A SECOND.
Commissioner O'Bryan felt that the County needed to balance its right-of-way
acquisition program with certain roadway projects. He wanted to approve the amendments to
the Comprehensive Plan's CIE as is, and re-evaluate specifics once the statistics related to right-
of-way acquisitions on 66th Avenue (requested by Commissioner Wheeler earlier in meeting),
have been provided by staff.
Commissioner Wheeler clarified that his Motion was intended to make purchasing
right-of-way, and not road building, the first priority when funds run low.
Ruth Stanbridge, 4835 66th Ave., sought assurance from the Board that
negotiations with the landowners on 66th Avenue who have been provided with the Notice to
Owner letters would not be delayed.
28
November 18, 2008
Chairman Davis responded that transactions need to continue in the time frame
stipulated by Resolution 2008-139 for those individuals who have received the Notice to Owner
letters, while Commissioner O'Bryan pointed out that the information which had previously been
requested by Commissioner Wheeler would be used to expedite transactions with the
homeowners.
Administrator Baird divulged that Commissioners would be receiving a report in
two days regarding a change in organization which puts more people into the right-of-way
acquisitions area. He declared that Mrs. Stanbridge would be provided with a copy of the
report.
Board and staff responded to Mr. Paladin's questions on what constitutes a willing
seller, and on the projects/funds which are in the first three years of the Capital Improvements
Program.
Ms. Brown, 5145 66th Avenue, explained why some of the residents of 66th
Avenue had terminated their negotiations with the County.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to adopt staff's
recommendation to amend the text of the Comprehensive
Plan's Capital Improvements Element, with the following
conditions: the purchase of right-of-way shall be the first
priority for funding, and the MPO, with staff's input, shall
evaluate as soon as possible what roads should be
prioritized, so determinations can be made as to what
funds can be shifted around.
Commissioner Wheeler conveyed that he was going to meet with Attorney Collins
and Administrator Baird to discuss streamlining the right-of-way acquisition process.
29
November 18, 2008
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board adopted
Ordinance 2008-018, as amended above, amending the
text of the Comprehensive Plan's Capital Improvements
Element; and providing severability and effective date.
10.A.3. CONSIDERATION OF THE INDIAN RIVER COUNTY COMPREHENSIVE
PLAN E VAL UA TION AND APPRAISAL REPORT (EAR) (LEGISLATIVE)
Community Development Director Bob Keating, through a PowerPoint
presentation (copy on file), provided background, analysis, and overall objectives of the
Evaluation and Appraisal Report (EAR). He reported that the first EAR was adopted on
December 17, 1996, and the second EAR must be submitted to Department of Community
Affairs (DCA) on or before December 1, 2008. Director Keating asked the Board to approve
the draft EAR by approving the Resolution, and to direct staff to transmit the adopted EAR to
DCA for review.
Hearing.
The Chairman opened the Public Hearing. Seeing no one, he closed the Public
ON MOTION by Commissioner O'Bryan , SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2008-179, adopting the Evaluation
and Appraisal Report for the Indian River County
Comprehensive Plan; stating the intent of the Board of
County Commissioners to amend the Comprehensive Plan
based upon recommendations contained in the report; and
approving the transmittal of the report to the Department
of Community Affairs in accordance with Section
163.3191, Florida Statutes.
30
November 18, 2008
Chairman Davis extended kudos to Director Keating and the entire staff for an
excellent job on the EAR.
The Chairman called for a recess at 12:05 p.m. and reconvened the meeting at
12:11 p.m., with all Commissioners present, and with Attorney Collins absent.
10.B. PUBLICDISCUSSIONITEMS
10.B.1. REOUESTTOSPEAK FROMMARYMCGUIRESMITHREGARDING
CLARIFICATION OF R ULES AND PROTOCOL
This item was deleted.
10.B.2. REQUEST TO SPEAK FROM E vERETTE BROWN REGARDING 43RD
AVENUE
Katia Brown, 4236 11th Street, spoke on behalf of her husband, Everette Brown.
She thanked the Commissioners for taking an interest in the effect that the road widening is
having on the residents. However, she reported that the County's plans continue to negatively
impact her family's property, and asked the Board to either purchase the home, or to offset the
damages so the home can be sold.
NO ACTION REQUIRED OR TAKEN.
(Clerks Note: Attorney Collins rejoined the meeting at 12:12 p.m.)
10.B.3. REQUEST TO SPEAK FROMDR. STEPHEN J. FAHERTY. SR.
REGARDING VERO BEACH UTILITY AND MIAMI-DADE MUNICIPAL
TAX ISSUE AND PROHIBITION RESOL UTION
31
November 18, 2008
Dr. Stephen J. Faherty, Sr., 2120 Captains Walk, recalled discussion and
actions which occurred at the Regular BCC Meeting of August 12, 2008, and which pertained to
the Electric Utility Referendum. He detailed the concerns of the city utility customers who
resided outside the city limits and did not receive representation, and presented an update on the
situation, which included the circulation of a petition to all city utility customers requesting that
they support the establishment of a representative utility authority.
Dr. Faherty divulged that a Resolution had been passed by Miami -Dade County
protesting the imposition of a 25% water surcharge by the cities of Miami and North Miami, and
advised that the cities were organizing to combat a prohibition against imposing municipal taxes
on County residents. He requested that the Board attend the December 9, 2008 meeting of the
Vero Beach City Utility Advisory Commission, at which public comments would be solicited.
His other requests included:
• Resolution (similar to that of Miami -Dade) to be sent to the County's four
state legislators, requesting legislation prohibiting the city's imposition of a
10% municipal surcharge for electricity on County residents outside of the
city limits
• Resolution requesting legislation prohibiting the imposition of a debt or
liability on customers outside of the city limits by revenue bonds or other
types of debt instruments, unless approved by referendum
• Resolution requiring legislation for the city to hold a referendum for all
customers to approve capital expenditures over $10 million
• Authorize staff to coordinate with Miami -Dade Government, other
counties, and the Florida Association of Counties on legislative language,
actions, etc., which should be presented to the County's four state
legislators at the next legislative session
32
November 18, 2008
• Extend an offer to the four state legislators to meet in County Commission
Chambers regarding the City Electric Utility
Concluding, Dr. Faherty discussed the revenue shortfall that was awaiting the city
utility, and opined that it was the County residents who would be taxed to make up the deficit.
He thereafter responded to questions from the Commissioners regarding actions which had been
taken towards getting appropriate legislation for this situation.
Chairman Davis stated that he would contact Dr. Faherty and that the Board would
do anything it could to advance this item with the Florida Association of Counties.
NO ACTION REQUIRED OR TAKEN.
10.C. PUBLIC NOTICE ITEM
10. C.I. SCHEDULED FOR PUBLIC HEARING ONDECEMBER 2.
2008:
COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT TO ALLOW UP
TO TWENTY FIVE PER CENT (2S%) RECREATIONAL VEHICLE USE
WITHIN THE MOBILE HOME RENTAL PARK (MHRP) LAND USE
CATEGORY. AND TO AMEND THE TEXT OF THE COMPREHENSIVE
PLAN'S FUTURE LAND USE ELEMENT AND THE TEXT OF THE
COASTAL MANAGEMENT ELEMENT BYREVISING THE DEFINITION OF
THE COASTAL HIGH HAZARD AREA (CHHA), AND BY UPDATING THE
33
November 18, 2008
COASTAL HIGH HAZARD AREA MAPS AND DEPICTING THE CHHA ON
THE FUTURE LAND USE MAP (LEGISLATIVE)
Attorney Collins read the notice into the record.
11. COUNTY ADMINISTRATOR'S MATTERS
H.A. CHILDCARE RESOURCES OF INDIAN RIVER COUNTY USE OF FAIR
GROUNDS EXPO CENTER
County Administrator Joseph Baird explained that the County had waived fees for
several other venues, but due to operating expenses, the loss of revenue could become
problematic. He reported that the fees had previously generated about $100,000 of income, and
noted that the fee for a non-profit organization is $525 a day, and $775 for a profit organization.
Administrator Baird believed it was in the County's best interest to limit the fee waivers, and
asked for Board direction.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Solari, to DENY
Childcare Resources of Indian River County's request to
waive the fees for the inaugural Touch -a -Truck Family
Festival Fundraising event on March 28, 2009 at the
Fairground Expo Center.
Commissioner Wheeler acknowledged the importance of the non-profit agencies;
noted that Childcare Resources receives some funding from the County; and discussed the need
to defray operating expenses.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed staff to
DENY Childcare Resources of Indian River County's
34
November 18, 2008
request to waive the fees for the inaugural Touch -a -Truck
Family Festival Fundraising event on March 28, 2009 at
the Fairground Expo Center.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT--NONE
12.B. EMERGENCYSERVICES-NONE
12. C. GENERAL SER VICES -NONE
12.D. HUMANRESOURCES-NONE
12.E. HUMAN SERVICES -NONE
12.F. LEISURE SERVICES NONE
12.G. OFFICE OF MANAGEMENT AND B UDGET-NONE
12.H. RECREATION -NONE
12.L PUBLIC WORKS
12.1.1. STATE ROAD 60 BETWEENI-9S AND 82ND A VENUE..IOINT
PAR TICIPATIONAGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATIONADVANCE FUNDS FOR WIDENING STATE ROAD 60
FROM 4 -LANES TO 6 -LANES
Assistant Public Works Director Chris Mora reviewed the backup memorandum
and used a PowerPoint (copy on file) to provide background and analysis on the SR 60 widening
35
November 18, 2008
project. Today's request involves Segment 2, the final segment of the project which needs to be
widened, the 6-laning of SR 60 from I-95 to 82nd Avenue. Director Mora reported that
construction would begin in 2009. He informed the Board that construction costs had dropped
from the original estimates on both segments, which has resulted in reduced SR 60 interest share
fees charged to developers. Director Mora thereafter presented staff's recommendation to
approve the Locally Funded Agreement to fund the widening of SR 60, from 4 -lanes to 6 -lanes,
between I-95 and 82nd Avenue.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Alternative No. 1, the State of Florida
Department of Transportation (FDOT) Advance
Reimbursement Locally Funded Agreement to fund the
widening of SR 60, from 4 -Lanes to 6 -Lanes, between
I-95 and 82nd Avenue, and authorized the Chairman to
execute same, as recommended in the memorandum of
November 12, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.2. A WARD FOR CONSTR UCTION OF EGRET MARSH REGIONAL
STORMWATER PARK, PROJECT NO. 0430. BID NO. 2008076 AND
LICENSEAGREEHENT WITHHYDROMENTIA, INC.
Public Works Director Jim Davis reported that this storm water project was
required for County compliance with the NPDES (National Pollutant Discharge Elimination
System) and EPA (Environmental Protection Agency) requirements for cleaning up surface
waters and water bodies. He reported that the project would be constructed along 70 Avenue at
4d' Street, and explained how the project would work to remove nitrogen and phosphorous from
stormwater. Director Davis presented staff's request for the Board to: (1) award the
construction contract; (2) approve the License Agreement with HydroMentia, Inc.; and (3) seek
W
November 18, 2008
approval from SJRWMD's governing Board for the $1.5 million Grant Agreement to aid in
construction of the project.
Director Davis reviewed the backup memorandum to provide the bid history of
this item, which involved a conflict between H & D Construction, Inc., the lowest responsive
bidder, and Close Construction, Inc., the second lowest bidder. He explained why staff felt that
the bid should be awarded to the second lowest bidder, Close Construction, Inc.
Commissioner Flescher questioned the prudence of not using the least expensive
bid, which would save $120,000 or $170,000, because not enough "T's" and "I's" were crossed.
He ascertained from Director Davis that the information has now been received from H & D.
County Attorney Will Collins presented explanation as to why H & D's bid was
determined by the Committee to be non-responsive at the time of submittal. He advised that the
Board has the authority to decide what were technicalities or irregularities, and waive such, but
the Committee's recommendation was that the original bid application was lacking in matters of
responsiveness.
County Administrator Baird explained to Commissioner Wheeler why, if H & D's
bid was determined to be inadequate, it was not immediately disqualified.
Commissioner Wheeler commented that if H & D was weak on their application,
he would question how strong they would be on the job. He felt that it was important to follow
policies and procedures.
Director Davis clarified for Commissioner O'Bryan why there were discrepancies
among the bids in the cost for various items which the construction companies would have to
purchase while doing the project.
37
November 18, 2008
Commissioner Solari reminded the Commissioners that H & D's bid would
provide a $170,000 savings to the citizens of the County, and felt that the determining factor in
this situation should not be the protest letter, but whether the actual items which were missing
were substantive enough to turn away the bid award from H & D.
Director Davis next provided the details of the License Agreement with
HydroMentia; reported that SJRWMD was fully behind funding this item; and re -stated staff's
recommendation to award the bid to Close Construction, and to approve the License Agreement
with HydroMentia. He felt comfortable that SJRWMD would execute the $1.5 million Grant
Agreement on December 9, 2008, which documents would be brought back to the Board for
execution.
Further discussion ensued as staff responded to the Commissioners' questions
regarding the two bidders and whether the protest letters submitted by H & D Construction, Inc.
(pages 532-537), and by Close Construction, Inc. (pages 470-474) were valid.
Malcolm Cunningham, Esquire, representing H & D Construction, Inc., refuted
the claim that H & D's original bid package contained sufficient omissions to cause their
disqualification. He reminded the Commissioners that $170,000 was a substantial sum, and
asked the Board to exercise its power to waive the technicalities and award the bid to H & D.
Attorney Collins responded to Commissioner Wheeler's query on which items
were omitted by H & D, and which caused staff to award the bid to Close Construction.
James Horn, CEO of H & D Construction, acknowledged that the information
should have been included in the bid package, and that a mistake had been made, but the
information was supplied expeditiously. He told the Board that if his company did not get the
job, a lot of local employees would lose jobs.
38
November 18, 2008
Attorney Cunningham declared that Close's bid also contained missing
documents, and he did not feel that one company should be disqualified on the basis of technical
information, and the other not disqualified on that same basis.
Danny Boromei, 881 SW 120th Drive, Okeechobee, and another bidder, explained
why he felt that H & D's bid should be considered nonresponsive.
MOTION WAS MADE by Vice Chairman Flescher to
approve Option #2, determine that the H & D
Construction Company, Inc. protest is valid; award the
bid to H & D Construction Company, Inc.; and
approve the License Agreement with HydroMentia,
Inc. MOTION DIED FOR LACK OF A SECOND.
Commissioner Wheeler pointed out that legal staff had advised that H & D's
protest was not valid, because the protest from Close was given on time. Thus, he would support
Vice Chairman Flescher's Motion, but with the deletion of the language stating that H & D's
protest was valid.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Wheeler, to approve
Option #2, to award the bid to H & D Construction
Company, Inc., and to approve the License Agreement
with HydroMentia, Inc., conditional upon the deletion of
the language stating that the H & D Construction
Company, Inc.'s protest is valid.
Commissioner Solari added that we are moving in the right direction with this
Motion. He pointed out that if staff is held to every little technicality; it could cost the taxpayers
money. He applauded staff for the follow-up in obtaining the necessary documentation from
H&D.
39
November 18, 2008
Commissioner O'Bryan's comments on an inconsistency he had noted, relative to
Board allowances for technical glitches, sparked brief debate among the Commissioners
regarding whether or not the Board was acting consistently with prior actions. Chairman Davis
set forth the importance of upholding the integrity of the bid process, and the lowest most
responsive bid.
Margaret Palmer, President HydroMentia, Inc., wanted the Board to know that
the $170,000 which would be saved by using H & D could not be applied elsewhere. She
applauded Public Works' perseverance with this project and spoke about the effectiveness of the
Algal Turf Scrubber. Ms. Palmer thereafter offered to provide any interested parties with
additional information on the Algal Turf Scrubber.
Regarding Ms. Palmer's above comment, Commissioner Solari felt that the
taxpayers would still be saving $170,000.
Director Davis noted that a summary of staff's recommendation was on page 464
of the backup, and he sought and received confirmation that the entire recommendation was
included in Vice Chairman Flescher's Motion.
Commissioner O'Bryan questioned the $200,000 contingency amount set aside for
Change Orders or work directives which were included in staff's recommendation.
Administrator Baird remarked that this dollar amount could be brought back to
the Commissioners at a future time, if necessary.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner O'Bryan opposed), the Motion
carried. The Board: (1) approved to award the
construction contract to H & D Construction Company,
Inc. and approve the License Agreement with
40
November 18, 2008
HydroMentia, Inc., contingent upon (a) approval of the
$1.5 million Legislative appropriation by SJRWMD's
Governing Board; and (b) upon receipt and proper filing
of all required bonds, Certificates of Insurance, and all
other necessary construction contract documents from H
& D Construction Company, Inc., on or before December
10, 2008; (2) approved the sample Construction Contract
Agreement and authorized the Chairman to execute the
completed Agreement if the ATS License Fee has also
been approved, and when required performance and
payment bonds have been submitted along with
Certificates of Insurance, and all other necessary
construction contract documents, and the County Attorney
has approved the Agreement as to form and legal
sufficiency; (3) authorized approximately a 4% (or
estimated $200,000) construction contract amount for
contingencies; and (4) approved the License Agreement
(which includes the $380,000 ATS License Fee) with
HydroMentia, Inc., and authorized the Chairman to sign
two copies of the Agreement, contingent upon (a)
approval of the $1.5 million Legislative appropriation by
SJRWMD's Governing Board; and (b) receipt and proper
filing of all required bonds, Certificates of Insurance, and
all other necessary construction contract documents from
H & D Construction, Inc., on or before December 10,
2008.
41
November 18, 2008
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called a recess at 1:44 p.m. and reconvened the meeting at 1:57
p.m., with all members present.
12..1. UTILITIES SER VICES
12..1.1. SOUTHAND NORTH COUNTYREVERSE OSMOSIS WATER TREATMENT
PLANT, TECHNICAL ASSISTANCE IN WATER SUPPLYPLANNING
PROJECTS, CAMP DRESSER & MCKEE, INC. (CDM) —AMENDMENT
NO. 2 TO WORK ORDER NO. S
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Amendment No. 2 to Work Order No. 5 with
Camp Dresser & McKee, Inc. (CDM), in the amount of
$30,000, adjusting the contract for Work Order No. 5 to
$130,000.00, and authorized the Chairman to execute
same, as recommended in the memorandum of November
5, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. J. 2. AMENDMENT NO. 4 TO WORK ORDER NO. 2 TO PBS&J-ADDITIONAL
MODELING TASKS ASSOCIATED WITH CONSUMPTIVE USE PERMIT
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously: (1)
approved Amendment No. 4 to Work Order No. 2 with
42
November 18, 2008
Post, Buckley, Schuh, & Jernigan (PBS&J); (2) approved
additional design fees not to exceed $36,000.00; and (3)
authorized the Chairman to execute the same, as
recommended in the memorandum of November 5, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.13. SPOONBILL MARSH WETLAND FACILITY- UCP 2785. CHANGE
ORDER NO. I FOR TIM ROSE CONTRACTING, INC.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Solari, to approve staff's
recommendation.
Under discussion, Commissioner O'Bryan conveyed that he had toured the area
and the contractor was doing an excellent job. He also extended kudos to Director Olson for a
great job on this facility.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
Change Order No. 1 to Tim Rose Contracting, Inc., for
$128,928.65, and authorized the Chairman to execute
same, as recommended in the memorandum of October
15, 2008.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.,14. SR 60 FROM 871HAVENUE TO 90THAVENUE CONFLICT RESOLUTION
WITH FDOT DRAINAGE, PAVEMENT AND TRAFFIC SIGNAL
43
November 18, 2008
IMPROVEMENTS, APPROVAL OF WORK ORDER NO.8 FOR
ENGINEERING DESIGN SER VICES TO RETAIN SCHULKE, BITTLE &
STODDARD AND APPROVAL OF PROJECT FOR PUBLIC BID, UCP #3098
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously: (1)
approved the total construction and consulting costs for
the project estimated at $2,064,569.50; (2) approved the
project for public bidding through the County Purchasing
Division; (3) approved retaining Schulke, Bittle &
Stoddard for engineering and surveying services; (4)
approved Work Order No. 8 with Schulke, Bittle &
Stoddard for a total amount of $108,500.00, and (5)
authorized the Chairman to execute same, as
recommended in the memorandum of September 24, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
B.A. POINTE WEST SOUTH VILLAGE. PHASE I P.D.. DEVELOPER: POINTE
WEST OF VERO BEACH. LTD.. DEFAULT UNDER SIDEWALK CONTRACT
County Attorney Collins reported that Pointe West South Village, which was in
default on a sidewalk contract, has requested an extension. They had hoped to have the
sidewalks completed before November 18, 2008; however, since the sidewalk construction is
two-thirds done, Pointe West needs the extension. Attorney Collins thereafter presented staff's
recommendation that the Board grant Pointe West the extension. He noted that Pointe West's
cash deposit will be refunded to them upon completion of the sidewalk.
44
November 18, 2008
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously: (1)
approved the Third Modification to Contract for
Construction of Required Sidewalk Improvements No.
PD -04 -04 -06 -CFC SIDE (99070081), with Pointe West of
Vero Beach, Ltd., to extend the sidewalk completion date
to August 17, 2010; (2) approved the accompanying Cash
Deposit and Escrow Agreement; and (3) authorized the
Chairman to execute same, as recommended in the
memorandum of November 7, 2008.
13.8. ATTORNEY-CLIENT SESSION: DIVOSTA HOMES. L.P. AND DI VOSTA
HOMES HOLDINGS, L. L. C. VS. INDIAN RIVER COUNTY. CASE NO.
20070109 -CA -19
Attorney Collins reviewed the backup memorandum of November 10, 2008 to
provide background information on the request to have an attorney-client session concerning the
litigation with DiVosta Homes, L.P. and DiVosta Homes Holdings, L.L.C. on the topic of
Waterway Village concurrency. He stated that the attorney-client session would be held on
December 2, 2008, at 11:30 a.m. in the County Commissioner's Conference Room (rather than
the County Administrator's Conference Room, as was stated in the memorandum).
No Board action required or taken
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEYS. DA VIS, CHAIRMAN
14.A.I. RESOL UTIONAND RECOMMENDATION FOR "STANMAYFIELD
MEMORIAL HIGHWAY"
45
November 18, 2008
Chairman Davis had been notified about a movement going forward at the State
level to name a portion of SR 60 after the late State Representative, Stan Mayfield, who had
advanced the SR 60 Road Project. He asked for Board support of the Resolution of Support.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Solari, to approve sending
the Resolution of Support to the State Legislature, that
State Route 60 from I-95 west to the Florida Turnpike
should be named "The Stan Mayfield Memorial
Highway."
Under discussion, Commissioner Wheeler remarked that the County has
consistently taken the position to not name roads after people, but in this case, it would be a
State, and not a County, action.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
sending the Resolution of Support to the State Legislature,
that State Route 60 from I-95 west to the Florida Turnpike
should be named "The Stan Mayfield Memorial
Highway", as recommended in the memorandum of
November 13, 2008.
Clerk's Note: The Resolution of Support is a third party Resolution, to be
executed jointly with Indian River County, the Indian River County and Sebastian Chambers of
Commerce, the Tax Collector, the Republican Party of Indian River County, Indian River
Medical Center, the Economic Development Division of the Chamber of Commerce, and Indian
River State College.
46
November 18, 2008
COPY OF DOCUMENT IS ON FILE WITH THE OFFICIAL DOCUMENTS IN THE OFFICE OF THE CLERK
TO THE BOARD
14. B. COMMISSIONER JOSEPH E. FLESCHER. VICE CHAIRMAN -NONE
14. C. COMMISSIONER PETER D. 01BRYAN
14. C.1. DISCUSSION OF STATUS OF OFFER TO MAJOR LEAGUE BASEBALL
TEAM
Commissioner O'Bryan recapped the situation with the Baltimore Orioles, who
had been presented with a County offer to utilize the Dodgertown facility for spring training and
other development activities. At this time, the Orioles were also considering an offer from
Sarasota County and have not yet confirmed or denied their acceptance of the County's offer.
He related that the contract with Dodgertown's current management company expires on
December 31, 2008, conjointly with the Dodgers' contract, and pointed out the need to have in
place an alternative management plan for the facility, should the Orioles decline the County's
offer. He felt it would be inappropriate, and perhaps cause for lawsuit, to have two offers
ongoing simultaneously, and felt that if an offer is made to another management facility, the first
offer (to the Orioles) should be rescinded.
Chairman Davis wanted to have staff begin drafting a Request for Proposal (RFP)
so the County would be prepared to go out to bid, should it become necessary.
47
November 18, 2008
Administrator Baird divulged that next week Craig Cowan of the Dodgers would
be providing him with the costs of maintaining Dodgertown, and noted that the County would
need to determine at what level the facility would be kept open. He informed the Commissioners
that there were some other interested parties in the baseball venue, which could not be discussed
at this time.
Chairman Davis advocated having a temporary plan in place until some type of
venue could be secured for Dodgertown.
Commissioner O'Bryan observed that the Orioles had told the County to negotiate
all it wants, and he wanted to see the County Administrator come back to the next Board meeting
with a full-time contract to manage the facility.
MOTION WAS MADE by Commissioner O'Bryan to
direct the County Administrator to come up with a
Request For Proposal (RFP) for full-time management for
the Dodgertown Facility. MOTION DIED FOR LACK
OF A SECOND.
Commissioner O'Bryan wanted to get an answer from the Orioles, so that the
County could move forward on the Dodgertown Facility.
Administrator Baird stated that he wanted to establish a temporary management
situation because there was another baseball venue which might be interested in running
Dodgertown. He added that the other venue would prefer to be sent a letter indicating the
County's interest.
Chairman Davis was in favor of beginning the aforementioned negotiations.
Concluding discussion, Administrator Baird reiterated that there was another
venue that was interested in Dodgertown, and that staff would be returning to the Board the first
48
November 18, 2008
week in December 2008 with a "Plan B" to keep the Facility going on a temporary basis. If the
other venue does not work out, the County would go out for an Request For Quote (RFQ) for
someone to manage the Facility.
No Board action required or taken
14.D. COMMISSIONER GARY C. WHEELER -NONE
14.E. COMMISSIONER BOB SOLARI
14.E.1. ECONOMICDEVELOPMENT
Commissioner Solari sought to have an economic development meeting or summit
which would be a full day activity open to the entire community. Some of the goals for the
summit would be: (1) to let residents know that the County is trying to address the current
economic situation; (2) to update the Commissioners on actions being taken by County and by
the private sector relative to economic development; (3) to let individuals (inside and outside of
the County) know that the County is serious about being open for business, and about partnering
with people who are bringing positive economic development to the County. Commissioner
Solari proposed to hold the summit sometime following the Chamber of Commerce's open
meeting on December 17, 2008.
Chairman Davis acknowledged that there were some matters that were stifling the
economy right now, and that the County needs to start crafting a policy for the next several years
on how the County can help facilitate the small existing and future businesses in the community.
He conveyed that he would like the meeting to allow intermingling with the citizens, and to not
be held as a workshop.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to hold an
Economic Development Summit, in either the second or
third week of January 2009, to build on what the Chamber
49
November 18, 2008
of Commerce and others have done, and that the
Economic Summit be as open and informal as possible,
with citizens and County working together to make sure
the economy develops as strongly and positively as it can.
Attorney Collins explained legal requirements of publication for the Economic
Development Summit, which would have to be done under the Sunshine Law.
Vice Chairman Flescher wondered whether there was a charge for using the
Richardson Center, and suggested if so, the Commissioners might want to hold the meeting at
the Fairgrounds.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved to have
an Economic Development Summit in either the second or
third week of January 2009, to build on what the Chamber
of Commerce and others have done, and that the
Economic Summit be as open and informal as possible,
with citizens and County working together to make sure
the economy develops as strongly and positively as it can.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately and appended to
this document.
50
November 18, 2008
,%we *ft/"
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
2:48 p.m.
ATTEST:
att. D ----
Jeffr*IC Barton, Clerk %V e2sley S. avis, Chairman
FEB 0 3 2009
Minutes Approved:
BCC/MG/2008Minutes
November 18, 2008
51 IK 136 P6 197