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HomeMy WebLinkAbout11/06/2007INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS NOVEMBER 6, 2007 1. CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 1 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION OF PROCLAMATION -THURSDAY, NOVEMBER 8TH 2007, AS COACH WAYNE GRIFFITH NIGHT 2 5.B. PRESENTATION OF PROCLAMATION HONORING CONNIE POPPELL FOR OUTSTANDING SERVICE ON THE INDIAN RIVER COUNTY AFFORDABLE HOUSING LOAN REVIEW COMMITTEE AND INDIAN RIVER COUNTY AFFORDABLE HOUSING PARTNERSHIP GROUP 2 6. APPROVAL OF MINUTES 2 6.A. REGULAR MEETING OF OCTOBER 9, 2007 3 6.B. REGULAR MEETING OF OCTOBER 16, 2007 3 6.C. SPECIAL CALL /JOINT MEETING OF OCTOBER 2, 2007—PIPER PROPOSAL 3 November 6, 2007 1 7. CONSENT AGENDA 4 7.A. APPROVAL OF WARRANTS - OCTOBER 11 TO 18, 2007 4 7.B. APPROVAL OF WARRANTS - OCTOBER 19 TO 25, 2007 4 7.C. INVESTMENT COMMITTEE REPORT FOR THE QUARTER ENDING 3/31/07 5 7.D. ENTERPRISE ZONE DEVELOPMENT AGENCY 5 7.E. PROPERTY ACQUISITION- TAX ROLL REMOVAL & TAX CANCELLATION 5 7.F.SHELBY HOMES INC.'S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS MILLSTONE LANDING P.D. — PHASE 3 9 7.G. BVI OF VERO BEACH LLC, REQUEST FOR FINAL PLAT APPROVAL FOR A PLAT -OVER -SITE -PLAN SUBDIVISION TO BE KNOWN AS BELLA VISTA ISLES 10 7.H. THE LAKES AT BROOKHAVEN L.L.C.'S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS THE LAKES AT BROOKHAVEN 12 7i GIFFORD HEALTH CENTER - GRADING, PAVING, DRAINAGE & BUS SHELTER IMPROVEMENTS CHANGE ORDER NO. 3 13 7.J. FIND - PROJECT AGREEMENT IR-07-40ER DERELICT VESSEL REMOVAL 13 7.K. FIRST AMENDMENT TO PRIVITY AGREEMENT - CROSS ENVIRONMENTAL SERVICES 14 7.L. WORK ORDER No. AMET-1 FULL AND FINAL PAYMENT; WABASSO BEACH PARK RESTORATION PROFESSIONAL GEOTECHNICAL SERVICES 14 7.M. CHANGE ORDER NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN INDIAN RIVER COUNTY AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 15 7.N. APPOINTMENT OFA FINANCIAL INSTITUTION REPRESENTATIVE TO THE COUNTY'S AFFORDABLE HOUSING LOAN REVIEW COMMITTEE 15 7.0. TARMAC AMERICA - REIMBURSEMENT BYCOUNTY TODEVELOPER PER DEVELOPER'S AGREEMENT FOR CONSTRUCTION OF OFF-SITE MASTER PLANNED 12 INCH WATER MAIN ON 53RD STREET 16 7.P. CONSULTANT SELECTION AND SCOPE OF WORK - INDIAN RIVER COUNTY FAIRGROUNDS MASTER PLAN UPDATE 16 7.Q. APPROVAL OF THE PROFESSIONAL SERVICE AGREEMENTS FOR ANNUAL LAND SURVEYING AND MAPPING/GIS SERVICES CONTRACT, IRC PROJECT NO. 0725 17 November 6, 2007 2 7.R. APPROVAL OF BID AWARD FOR IRC BID # 2008008 ANNUAL BID FOR AL UMINUMSULFATE, UTILITIES DEPARTMENT/ WASTEWATER TREATMENT DIVISION 17 7.S. APPROVAL OF BID AWARD FOR IRCBID # 2008009 ANNUAL BID FOR HYDROFLOUSILICICACID/UTILITIES DEPARTMENT 18 7. T. APPROVAL OF BID AWARD FOR IRCBID # 2008010 ANNUAL BID FOR CAUSTIC SODA/UTILITIES DEPARTMENT 19 7. U. APPROVAL OF BID AWARD FOR IRCBID # 2007089 DEMOLITION OF STRUCTURE(S) PUBLIC WORKS DEPARTMENT/ ENGINEERING DIVISION 20 7.V. WORK ORDER NO. 7 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR 43RD AVENUE FROM 25TH STREET S.W. TO OSLO ROAD (9T STREET S. W) INDIAN RIVER COUNTY PROJECT NO. 0702 20 7.W. FINAL PAY REQUEST AND RELEASE OF RETAINAGE FOR WORK ORDER NO. 1 WITHMALCOLMPIRNIE FOR THE MAIN RELIEF CANAL 21 7.X. BEACH RESTORATION USE AGREEMENT WITH SEBASTIAN INLET STATE PARK 21 7. Y. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR INTERSECTION IMPROVEMENTS AT 66THAVENUEAND CR 510 — RETAINAGE RELEASE 22 7.Z. RIGHT-OF-WAYACQUISITION, WATERLAND OPERATING COMPANY, LLC, FLORIDA LIMITED LIABILITY COMPANY, 5290 US HWY. # 1, VERO BEACH, FL 22 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 23 8.A. JEFFREYK BARTON, INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2006-200723 8.B. K4YCLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS: CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2006-200724 8.C. DAVID C. NOLTE, ASA, INDIAN RIVER COUNTY PROPERTY APPRAISER: CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2006-200724 8.D.1.ROYRAYMOND, INDIAN RIVER COUNTY SHERIFF: CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2006-2007 25 November 6, 2007 3 8.D.2.ROYRAYMOND, INDIAN RIVER COUNTY SHERIFF: BUDGET AMENDMENT FOR YEAR ENDING SEPTEMBER 30, 2007 25 8.E. CHARLES W. SEMBLER, INDIAN RIVER COUNTY TAX COLLECTOR: CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2006-200726 9. PUBLIC ITEMS 26 9.A. PUBLIC HEARINGS 26 9.A.1. TWIN OAKS' REQUEST TO REZONE ± 5.4 ACRES NORTH OF 16TH STREET AND EAST OF 74THAVENUEFROMA-1 TO RS -6 (QUASI-JUDICIAL) 27 9.A.2. CONSIDERATION OF AN APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A CLASS "E" CERTIFICATE FROM ALL COUNTY AMBULANCE INC. D/B/A MEDICAL TRANSPORTATION SPECIALISTS (MTS) (ADMINISTRATIVE) 28 9.B. PUBLIC DISCUSSION ITEMS 29 9.B.1. REQUEST TO SPEAK FROM VICTOR KNIGHT REGARDING SUGGESTIONS FOR LDR AMENDMENTS PERTAINING TO THE AG -1 ZONING (MINING OPERATION) 30 9.B.2. REQUEST TO SPEAK FROM THE WEST WABASSO CIVIC PROGRESSIVE LEAGUE REGARDING CONSIDERATION OF MEALS ON WHEELS FOR WEST WABASSO AND FELLSMERE 33 9.C. PUBLIC NOTICE ITEMS 35 10. COUNTY ADMINISTRATOR'S MATTERS - NONE 36 11. DEPARTMENTAL MATTERS 36 11.A. COMMUNITY DEVELOPMENT 36 11.A.1. CONSIDERATION OFA PLANNING & ZONING COMMISSION RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS RECOMMEND THAT THE STATE REVISE ITS PROCEDURE FOR DISPOSING OF CONSERVATION LANDS 36 11.A.2. CONSIDERATION OF ROADWAY CONNECTIVITY REQUIREMENTS 37 11.B. EMERGENCY SERVICES - NONE 37 November 6, 2007 4 11. C. GENERAL SERVICES - NONE 37 11.D. HUMAN RESOURCES - NONE 37 11.E. HUMAN SERVICES - NONE 37 11.F. LEISURE SERVICES -NONE 37 11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 37 11.H. RECREATION - NONE 37 11.L PUBLIC WORKS - NONE 37 11.J. UTILITIES SERVICES 37 11.J.1. WINTER GROVE SUBDIVISION PETITION WATER SERVICE _28TH&29TH COURTS & 70TH PLACE, NORTH OF NORTH WINTER BEACH ROAD - 69TH STREET, INDIAN RIVER COUNTY PROJECT NO. UCP — 3013 38 11.J.2. APPROVAL OF WORK AUTHORIZATION NO. 2007-012 FOR UTILITIES LABOR CONTRACTOR UNDERGROUND UTILITIES, INC. FOR CONSTRUCTION OFA WATER MAIN AND FIRE HYDRANT AT THE PELICAN ISLAND ELEMENTARY SCHOOL - UCP 3008 38 11.J.3. AMENDMENT NO. 1 TO WORK ORDER NO. 2 WITH CAMP DRESSER AND MCKEE, INC. FOR ENGINEERING SERVICES TO RELOCATE THE BIOSOLIDS DEWATERING FACILITY TO THE COUNTY LANDFILL SITE 39 12. COUNTY ATTORNEY MATTERS 40 12.A. DEMOLITION LIENS 40 13. COMMISSIONER ITEMS 41 13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 41 13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR - NONE 41 13. C. COMMISSIONER WESLEY S. DAVIS - NONE 41 13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 41 13.E. COMMISSIONER PETER D. O'BRYAN - NONE 41 14. SPECIAL DISTRICTS AND BOARDS 41 14.A. EMERGENCY SERVICES DISTRICT 42 November 6, 2007 5 14.A.1. APPROVAL OF MINUTES - MEETING OF OCTOBER 23, 2007 42 14.A.2. AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO BARTH CONSTRUCTION, INC. FOR THE RECONSTRUCTION OF FIRE RESCUE STATION #4 42 14.A. 3. AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO BARTH CONSTRUCTION, INC. FOR THE RECONSTRUCTION OF FIRE RESCUE STATION #5 42 14.A.4. DESIGN SERVICES CONTRACTS (PARTIAGREEMENTS) WITH BARTH CONSTRUCTION, INC. FOR THE CONSTRUCTION OF FIRE RESCUE STATION 9 42 14.B. SOLID WASTE DISPOSAL DISTRICT - NONE 42 14. C. ENVIRONMENTAL CONTROL BOARD - NONE 42 November 6, 2007 6 November 6, 2007 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 6, 2007. Present were Vice Chair Sandra L. Bowden, Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan. Chairman Gary C. Wheeler was absent. Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and Deputy Clerk Leona Adair Allen. 1. CALL TO ORDER Vice Chair Bowden called the meeting to order at 9:00 a.m. 2. INVOCATION Teddy Floyd, Indian River County Sheriff Office, Crime Prevention Bureau, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner O'Bryan requested removal of Item 5.A. "Presentation of Proclamation — Thursday, November 8th, 2007, as Coach Wayne Griffith Night." The Proclamation would be presented to Coach Griffith at the game on Thursday, November 8th, 2007. November 6, 2007 1 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler was absent) made the above change to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PRESENTATION OF PROCLAMATION — THURSDAY, NOVEMBER 8TH, 2007, AS COACH WAYNE GRIFFITH NIGHT This item was removed from the Agenda at the request of Commissioner O'Bryan. 5.B. PRESENTATION OF PROCLAMATION HONORING CONNIE POPPELL FOR OUTSTANDING SERVICE ON THE INDIAN RIVER COUNTY AFFORDABLE HOUSING LOAN REVIEW COMMITTEE AND INDIAN RIVER COUNTY AFFORDABLE HOUSING PARTNERSHIP GROUP Commissioner Flescher read and presented the Proclamation to Connie Poppell. She expressed that it was a privilege to accept the Proclamation on behalf of the Indian River County Lenders Group and the Advisory Loan Committee. She felt it was an honor and a pleasure working with the Indian River County Affordable Housing Loan Review Committee and the Indian River County Affordable Housing Partnership Group, and assured the Board that she would continue to work with the Coalition on Attainable Homes. 6. APPROVAL OF MINUTES November 6, 2007 2 6.A. REGULAR MEETING OF OCTOBER 9, 2007 Vice Chair Bowden asked if there were any additions, deletions or corrections to the Minutes of the Regular Meeting of October 9, 2007. There were none. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Chairman Wheeler absent) approved the Minutes of the Regular Meeting of October 9, 2007, as written and distributed. 6.B. REGULAR MEETING OF OCTOBER 16, 2007 Vice Chair Bowden asked if there were any additions, deletions or corrections to the Minutes of the Regular Meeting of October 16, 2007. There were none. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Chairman Wheeler absent) approved the Minutes of the Regular Meeting of October 16, 2007, as written and distributed. 6.C. SPECIAL CALL /.JOINT MEETING OF OCTOBER 2, 2007- PIPER PROPOSAL Vice Chair Bowden asked if there were any additions, deletions or corrections to the Minutes of the Special Call / Joint Meeting of October 2, 2007 — Piper Proposal. There were none. ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board by a 4-0 vote (Chairman Wheeler absent) approved the Minutes of the November 6, 2007 3 Special Call / Joint Meeting of October 2, 2007 — Piper Proposal, as written and distributed. 7. CONSENT AGENDA Commissioner O'Bryan requested Items 7.F., 7.G., and 7.H. be pulled for discussion. 7.A. APPROVAL OF WARRANTS - OCTOBER 11 TO 18, 2007 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved the list of Warrants as issued by the Clerk to the Board for the time period of October 11, 2007 — October 18, 2007, as recommended in the memorandum of October 18, 2007. 7.B. APPROVAL OF WARRANTS - OCTOBER 19 TO 25, 2007 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved the list of Warrants as issued by the Clerk to the Board for the time period of October 19, 2007 — October 25, 2007, as recommended in the memorandum of October 25, 2007. November 6, 2007 4 7.C. INVESTMENT COMMITTEE REPORT FOR THE QUARTER ENDING 3/31/07 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) accepted the Investment Advisory Committee Quarterly Report, as submitted and as recommended in the memorandum of October 26, 2007. 7.D. ENTERPRISE ZONE DEVELOPMENT AGENCY ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board noted that the Enterprise Zone Development Agency would meet every other month on the first Thursday of the month, starting December 13, 2007, as informed by the memorandum of October 24, 2007. 7.E. PROPERTY ACQUISITION— TAX ROLL REMOVAL & TAX CANCELLATION ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-139, canceling November 6, 2007 5 taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W East Coast Holding LLC). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-140, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Scopinich Trust — two parcels). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-141, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Robert & Jane Ford). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-142, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Richard & Renee Grant). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-143, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W William Osment). November 6, 2007 6 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-144, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Robert Neal Jackson). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-145, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Robert Jackson, et al). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-146, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Robert Jackson, et al). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-147, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Verna Wright) ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-148, canceling November 6, 2007 7 taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Ruben & Sandra Koch). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-149, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Ruben & Sandra Koch). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-150, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Ruben & Sandra Koch). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-151, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Ruben & Sandra Koch). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-152, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W Paul Freeman Trust). November 6, 2007 8 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-153, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (R/W John Flaig). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-154, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Tylan Dean & Jeannette Parker). ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Resolution 2007-155, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Robert & Jeanette Denton Trustees). 7.F. SHELBY HOMES INC. 'S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS MILLSTONE LANDING P.D. - PHASE 3 Commissioner O'Bryan wanted reassurance that the project would move forward and that the Homeowner's Association documentation would be in compliance with State Statutes. Robert Shelby, 3735 Northeast 214 Street, Aventura, announced that his company had been building in Indian River County for a while and he assured the Board that his projects and November 6, 2007 9 site work were 100 percent completed. He explained that Millstone Landing was made up of six phases and this was number three, with the first two already being platted and approved. He said they were commencing with the clubhouse and that none of the Homeowner Associations were being assessed monies for anything that is incomplete. He assured the Board that his company would fund, pay for, and subsidize the deficiencies on the budgets. Commissioner O'Bryan wanted confirmation that most of the sales would be to owners and not investors or speculators. Robert Shelby stated that he had not seen too many investors in Indian River County. Commissioner O'Bryan emphasized that the Florida Statute requires a lot owner who is being assessed a fee, to supply an annual financial report 60 -days after the end of the fiscal year. He asked Mr. Shelby if he would supply the Board with the required annual report, and Mr. Shelby said his management company would gladly furnish the County with the closing documents at the end of each year. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Chairman Wheeler absent) granted final plat approval for Millstone Landing P.D. — Phase 3, as recommended in the memorandum of October 29, 2007. 7.G. BVI OF VERO BEACH LLC., REQUEST FOR FINAL PLAT APPROVAL FOR A PLAT -OVER -SITE -PLAN SUBDIVISION TO BE KNOWN AS BELLA VISTA ISLES November 6, 2007 10 Commissioner O'Bryan voiced concern that there would be nothing to prevent Bella Vista Isles (BVI), which has two out-of-town principal owners, from walking away from the project before its completion. He was pleased to know, after having met with one of the representatives last week, that they had a marketing plan. Commissioner Davis shared the same concerns and pointed out that a lis pendens had been filed against the property. Joseph Paladin, President of Black Swan Consulting, representing Bella Vista Isles (BVI), reminded the Board that this item was being brought back from a previous meeting. He confirmed that they do have a marketing plan and exit strategy. Mr. Paladin informed the Board that the lis pendens on the property was a negotiation between BVI and one of the subcontractors, which he said had been worked out. He acknowledged that the out-of-town investors have no influence over the project, and was simply a funding issue. Gary Brown, 22187 Waterside Drive, Boca Raton, related that he and his wife are both listed as agents and that they had completed six projects in other counties. He said that currently, theywere working two projects, one in Indian River, the other in Boca Raton. Mr. Brown assured the Board that he and his wife are fully committed to moving forward with the Bella Vista Isles project. He reported that they may bring in an investor but they would still guarantee the loans. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Chairman Wheeler absent) granted final plat approval for Bella Vista Isles Subdivision, as recommended in the memorandum of October 29, 2007. November 6, 2007 11 7.H. THE LAKES AT BROOKHAVEN L.L. C 'S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS THE LAKES AT BROOKHAVEN Commissioner O'Bryan voiced similar concerns over this subdivision and disclosed that they had put in the roads, a front entrance gate, and landscaping, with the principal owners listed on over two hundred different LLC's and corporations. He felt they might get the final plat, sell lots, then walk away from the project. He wanted to hear their future plans for the subdivision. Domenick Lioce, 5 Tarrington Circle, Palm Beach Gardens, said his subdivision is significantly different than Shelby Homes and Bella Vista Isles because they were only subdividing the land and selling the lots. He reported that all the lots had been sold and that they would soon be closing in escrow with the Homeowner's Association. He explained how they were funding $500.00 per lot into the Association at closing, so they would have an initial reserve in case they find anything wrong. Mr. Lioce noted that they had finished most of the improvements and bonded the remainder. There was a brief question and answer period between Mr. Lioce and the Board. Community Planning Director Stan Boling explained that they would be subject to maintenance bond requirements when they get their certificate of completion. Mr. Lioce acknowledged that a professional management company would be managing the association. November 6, 2007 12 Commissioner O'Bryan asked Mr. Lioce to notify the Board of the date and location of the turn -over, and he agreed to do so. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) granted final plat approval for The Lakes at Brookhaven Subdivision, as recommended in the memorandum of October 17, 2007. 7.1. GIFFORD HEALTH CENTER — GRADING, PAVING, DRAINAGE & Bus SHELTER IMPROVEMENTS CHANGE ORDER No. 3 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Change Order No. 3, in the amount of $1,000.00, as recommended in the memorandum of October 17, 2007. 7.J. FIND - PROJECT AGREEMENT IR-07-40ER DERELICT VESSEL REMOVAL ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Project Agreement IR-07-40ER and authorized the Chairman to execute both copies of the November 6, 2007 13 agreement, as recommended in the memorandum of October 25, 2007. Matching County funds will be provided by the Florida Boating Improvement Fund Account. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.K. FIRST AMENDMENT TO PRIVITY AGREEMENT — CROSS ENVIRONMENTAL SERVICES ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Amendment One to the Privity Agreement and authorized the Chairman to execute said document. Funding is available in the Administration Complex Project, as recommended in the memorandum of October 25, 2007. 7.L. WORK ORDER NO. AMET-1 FULL AND FINAL PAYMENT; WABASSO BEACH PARK RESTORATION PROFESSIONAL GEOTECHNICAL SERVICES ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved payment of invoice No. 4286 in the amount of $3,572.00 for the full and final payment of November 6, 2007 14 Work Order No. AMET-1, as recommended in the memorandum of October 22, 2007. 7.M. CHANGE ORDER No. I TO THE MEMORANDUM OF UNDERSTANDING BETWEEN INDIAN RIVER COUNTY AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Change Order No. 1 to the Memorandum of Understanding between St. Johns River Water Management District (SJRWMD) and Indian River County, and authorized the Chairman to execute it on behalf of the County; as recommended in the memorandum of October 22, 2007. CHANGE ORDER AND AGREEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.N. APPOINTMENT OF A FINANCIAL INSTITUTION REPRESENTATIVE TO THE COUNTY'S AFFORDABLE HOUSING LOAN REVIEW COMMITTEE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved the appointment of Tina November 6, 2007 15 Nicholson as the Financial Institution Representative to the Loan Review Committee (LRC), and approved the appointment of Mary C. Cone as her alternate, as recommended in the memorandum of October 25, 2007. 7.0. TARMAC AMERICA — REIMBURSEMENT BYCOUNTY TODEVELOPER PER DEVELOPER'S AGREEMENT FOR CONSTRUCTION OF OFF-SITE MASTER PLANNED I2 -INCH WATER MAIN ON 53RD STREET ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved the invoice from Tarmac for $30,533.00, per the requirements of the Developer's Agreement and as recommended in the memorandum of October 17, 2007. 7.P. CONSULTANT SELECTION AND SCOPE OF WORK — INDIAN RIVER COUNTY FAIRGROUNDS MASTER PLAN UPDATE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved the prioritized short list and authorized staff to negotiate fee and final scope with the number one ranked firm, Land Design South of Florida, November 6, 2007 16 Inc. of Port St. Lucie, Florida, to be funded as specified and as recommended in the memorandum of October 31, 2007. 7.Q. APPROVAL OF THE PROFESSIONAL SERVICE AGREEMENTS FOR ANNUAL LAND SURVEYING AND MAPPING/GIS SERVICES CONTRACT, IRC PROJECT NO. 0725 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved the fee schedule(s) and agreement(s) between the County and the six (6) firms selected, Carter Associates, Inc., Vero Beach; Creech Engineering, Inc., Melbourne/Jenson Beach; Kimley-Horn & Associates, Inc., Vero Beach; Masteller, Moler, Reed & Taylor, Inc., Vero Beach; Morgan Eklund, Inc., Wabasso; and Woolpert Inc., Orlando; as recommended in the memorandum of October 23, 2007. The requested approval shall establish a contractual agreement with the selected firms,. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.R. APPROVAL OF BID AWARD FOR IRC BID # 2008008 ANNUAL BID FOR ALUMINUM SULFATE, UTILITIES DEPARTMENT / WASTEWATER TREATMENT DIVISION November 6, 2007 17 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved: (1) Bid award to Fort Bend Services, Inc. as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; (2) Authorized the Purchasing Division to issue blanket purchase orders for the period of October 1, 2007 through September 30, 2008 with the recommended bidder; and (3) Authorized the Purchasing Manager to renew this Bid for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, Bidder acceptance and the determination that renewal of this annual contract is in the best interest of Indian River County, all as recommended in the memorandum of October 29, 2007. 7.S. APPROVAL OF BID AWARD FOR IRC BID # 2008009 ANNUAL BID FOR HYDROFLOUSILICIC ACID/UTILITIES DEPARTMENT ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved: (1) Bid award to Harcros Chemicals, Inc. as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; (2) Authorized the Purchasing Division to issue blanket purchase orders for the period of October 1, 2007 November 6, 2007 18 through September 30, 2008 with the recommended bidder; and (3) Authorized the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual bid is in the best interest of Indian River County, all as recommended in the memorandum of October 29, 2007. 7.T. APPROVAL OF BID AWARD FOR IRC BID # 2008010 ANNUAL BID FOR CAUSTIC SODA/UTILITIES DEPARTMENT ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved: (1) Bid award to Allied Universal Corp. as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; (2) Authorized the Purchasing Division to issue blanket purchase orders for the period of October 1, 2007 through September 30, 2008 with the recommended bidder; and (3) Authorized the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual bid is in the best interest of Indian River County, all as recommended in the memorandum of October 29, 2007. November 6, 2007 19 7.U. APPROVAL OF BID AWARD FOR IRC BID # 2007089 DEMOLITION OF STRUCTURE(S) PUBLIC WORKS DEPARTMENT /ENGINEERING DIVISION ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved: (1) Bid award to Treasure Coast Construction Management, LLC 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 October 30, 2007. Jeffs Tractor Service, the lowest bidder on the bid did not have the proper license to perform a house demolition project and the second lowest bidder, The Clearing Company, LLC bid did not include a fee for asbestos abatement. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.V. WORK ORDER NO. 7 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR 43RD AVENUE FROM 25111 STREET S.W. TO OSLO ROAD (9TH STREET S. W ) INDIAN RIVER COUNTY PROJECT NO. 0702 November 6, 2007 20 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Work Order No. 7 for the Lump Sum fee of $10,912.00; and authorized the Chairman to execute Work Order No. 7, as recommended in the memorandum of October 24, 2007. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.W. FINAL PAY REQUEST AND RELEASE OF RETAINAGE FOR WORK ORDER No. I WITHMALCOLM PIRNIE FOR THE MAIN RELIEF CANAL ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) authorized payment of Malcolm Pirnie's final invoice (including release of retainage) in the amount of $1,615.50, as recommended in the memorandum of October 29, 2007. 7.X. BEACH RESTORATION USE AGREEMENT WITH SEBASTIAN INLET STATE PARK ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved the Beach Re -Nourishment Use Agreement between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and Indian November 6, 2007 21 River County, Florida; and authorized the Chairman to execute the agreement, as recommended in the memorandum of October 29, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.Y. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR INTERSECTION IMPROVEMENTS AT 66TH AVENUE AND CR 510 — RETAINAGE RELEASE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved the release of retainer for the intersection improvements at 66th Avenue and CR 510 - Retainage Release Project, as recommended in the memorandum of October 16, 2007. 7.Z. RIGHT-OF-WAY ACQUISITION, WATERLAND OPERATING COMPANY, LLC, FLORIDA LIMITED LIABILITY COMPANY, 5290 US HWY. # 1, VERO BEACH, FL ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Alternative No. 1, the $400,000.00 purchase; and authorized the Chairman to execute the Agreement to purchase and sell real estate with November 6, 2007 22 Waterland Operating Company, LLC, as recommended in the memorandum of October 29, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 8.A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2006-2007 Clerk of the Circuit Court Jeffrey K. Barton provided the details of the annual Financial Report, the activities, and the excess fees in the amount of $411,191.89, which had been returned to the County for the fiscal year ending September 30, 2007. He also divulged the details of how the State operates and how the budget is controlled every year. County Administrator Joseph Baird informed the Board that he had been notified that the State had taken over the Guardian Ad Litem program. He felt it was a savings for the State but an extra expense for the County because additional office space is now required for their five new employees. ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board by a vote of 4-0 (Chairman Wheeler absent) accepted the Financial Report of the Clerk of the Circuit Court for the fiscal year 2006-2007, returning excess fees in the amount of November 6, 2007 23 $411,191.89, as submitted under cover letter dated October 19, 2007. 8.B. KAY CLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS: CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2006-2007 ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board by a 4-0 vote (Chairman Wheeler absent) accepted the Financial Report of the Supervisor of Elections for the fiscal year 2006-2007, returning fees in the amount of $13,616.12, as presented under cover letter dated October 31, 2007. 8.C. DAVID C. NOLTE, ASA, INDIAN RIVER COUNTY PROPERTY APPRAISER: CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2006-2007 ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Chairman Wheeler absent) accepted the Financial Report of the Property Appraiser for the fiscal year 2006-2007, as presented under cover letter dated October 30, 2007. November 6, 2007 24 8.D. 1. ROY RAYMOND, INDIAN RIVER COUNTY SHERIFF: CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2006-2007 Harry Hall, Comptroller of the Sheriffs Office, informed the Board that the Sheriffs Department was returning approximately $301,530.00 of excess funds after the earmarked $435,729.00 was deducted for the payment of 21 vehicles. ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board by a vote of 4-0 (Chairman Wheeler absent) accepted the Financial Report of the Indian River County Sheriffs Department for the fiscal year 2006-2007, returning fees in the amount of $737,258.96, as submitted under cover letter dated September 25, 2007. (Clerk's Note: Item No. 8.E. was heard prior to Item No. 8.D.2. and is placed in chronological order below) 8.D.2. ROY RAYMOND, INDIAN RIVER COUNTY SHERIFF: BUDGET AMENDMENT FOR YEAR ENDING SEPTEMBER 30, 2007 Harry Hall, Comptroller of the Sheriff Office, requested the Operating Budget be amended to permit the movement of funds between categories, with no increase to the budget. November 6, 2007 25 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved the Budget Amendment for the year ending September 30, 2007, as submitted under cover letter dated October 23, 2007. 8.E. CHARLES W. SEMBLER, INDIAN RIVER COUNTY TAX COLLECTOR: CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2006-2007 Jeff Smith, Assistant Tax Collector, explained the Financial Report and noted that $2,970,932.00 in excess fees, had been returned to the County. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Chairman Wheeler absent) accepted the Financial Report of the Indian River County Tax Collector's Office for the fiscal year 2006-2007, returning excess fees in the amount of $2,970,932.00, as submitted under cover letter dated October 30, 2007. 9. PUBLIC ITEMS 9.A. PUBLIC HEARINGS November 6, 2007 26 9.A. 1. TWIN OAKS' REQUEST TO REZONE ± 5.4 ACRES NORTH OF 16TH STREET AND EAST OF 74TH AVENUE FROM A-1 TO RS -6 (QUASI-JUDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert Keating provided a brief PowerPoint presentation showing the location of the property and explained that the purpose of the rezoning is to secure the necessary zoning to develop the subject property with residential uses at a density consistent with the allowed density of its designation. He showed the existing land uses around the property and said that staff found there was sufficient capacity in all concurrency related to facilities, and that the proposed rezoning is consistent with the Comprehensive Plan. He acknowledged that the property consists of pine flatwoods, which would require 15% native conservation to be set aside for when the property is developed. He also explained other environmental concerns such as possible wetlands and the potential of endangered species on the property. There was a brief question and answer period between staff and the Board regarding the build -out density. Commissioner Davis wanted to know when 16th Street would be paved and Director Keating informed him that it would be during the 2007/2008 fiscal year. Vice Chair Bowden opened the public hearing. November 6, 2007 27 Bob Johnson, Coral Wind Subdivision, wanted to know if the new subdivision would be required to pay concurrency to help with the expense of widening SR60. Director Keating explained that when the lot owners come in for building permits, they would pay the SR60 fee in addition to the impact fees; therefore, contributing to paying -off the debt to the State. There were no additional speakers and the Vice Chair closed the public hearing. ON MOTION by Commissioner Davis, SECONDED by Commissioner O'Bryan, the Board by 3-1 vote (Commissioner Flescher opposed and Chairman Wheeler absent) adopted Ordinance 2007-037, amending the Zoning Ordinance and the accompanying zoning map for ± 5.4 acres from A-1, Agricultural -1 District (up to 1 Unit/5 acres), to RS -6, single family residential district (up to 6 Units/acre); and providing codification, severability, and effective date. 9.A.2. CONSIDERATION OF AN APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A CLASS "E" CERTIFICATE FROM ALL COUNTY AMBULANCE INC. D/B/A MEDICAL TRANSPORTATION SPECIALISTS (MTS) (ADMINISTRATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD November 6, 2007 28 Brian Burkeen, Assistant Fire Chief, clarified that the application, from All County Ambulance, Inc., doing business as Medical Transportation Specialists (MTS), for a Class E Certificate of Public Convenience and Necessity is for non -emergency, non-medical, wheelchair, and stretcher transportation, for patients coming and going from doctor's offices or the hospital. He disclosed that they applied for this Class E Certificate of Public Convenience and Necessity to make it legal and to comply with the Ordinance. be based. Commissioner O'Bryan wanted to know where All County Ambulance, Inc. would Chief Burkeen said they would be based at Indian River Medical Center. Vice Chair Bowden opened the public hearing. There were no speakers and the Vice Chair closed the public hearing. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved the Certificate of Public Convenience and Necessity (COPCN) request for All County Ambulance, Inc. d/b/a Medical Transportation Specialist, to be effective from November 6, 2007, and expire November 6, 2009, as recommended in the memorandum of September 14, 2007. 9.B. PUBLIC DISCUSSION ITEMS November 6, 2007 29 9.B.1. REQUEST TO SPEAK FROM VICTOR KNIGHT REGARDING SUGGESTIONS FOR LDR AMENDMENTS PERTAINING TO THE AG -1 ZONING (MINING OPERATION) Victor Knight, 3295 Branch Road, provided the Board with a handout (copy on file) regarding Land Development Regulations as they pertain to the Agricultural One District. He wanted the Board to use a more targeted approach to resolving the challenges of the growing residential uses in the Agriculture -1 District, and the conflicts that would continue to arise at an increasing rate from incompatible uses, such as mining. Mr. Knight asked the Board to amend their previous vote to target the moratorium to the AG -1 district and allow the AG -2 and AG -3 to continue under the current guidelines. Commissioner Davis suggested the Board address Mr. Knight's concerns through the Agricultural Advisory Committee before making any decisions. Victor Knight encouraged the Board to limit the moratorium to the affected area, and offered to speak or consult with the Agricultural Advisory Committee. Joseph Paladin, President of Black Swan Consultants, provided the Board with a handout (copy on file) of his proposed recommendations to the Wild Turkey Mining Project. He detailed each of the ten items and wanted the Board to support his proposals rather than the moratorium. There was a lengthy discussion pertaining to the mining project, the safety factors involved, and how the proposal could be incorporated into the permitting process. November 6, 2007 30 Vice Chair Bowden suggested sending this back to staff for review then forwarding it to the Agricultural Advisory Committee. Administrator Baird suggested coming back with a proposal that would make the process safer. Victor Knight pointed out that the administrative approval process for mining provides for little public input, and explained that when a mining permit is issued there is no discrimination between sand mining and rock mining He warned the Board to be very careful because once the Wild Turkey project gets permitted, they would not operate the mine, they would sell it to a mining activity, then it would become a twenty-year operation. Vice Chair Bowden reminded Mr. Knight that this topic was still under discussion, and asked Attorney Collins to provide legal opinion. County Attorney William Collins disclosed that the moratorium process that was initiated would not be a "quick one." He said it is required to go through several public hearings before the Planning Commission, and before the Board of County Commissioners. He said he would prefer to allow the hearing process to work and not narrow down the area east of I-95 to AG -1. There was a brief question and answer period where Commissioner Davis wanted to know if the County could stop someone from having a dairy farm if they met the requirements. Attorney Collins said one could not stop an existing use because the Right to Farm Act pertains to uses that are currently in existence and declared not to be nuisances. Commissioner O'Bryan concurred with Attorney Collins' advice to proceed with public hearings and receive input so the County could start drafting new LDRs. November 6, 2007 31 Joseph Paladin said he was trying to be part of the solution. He wanted to add the items to the permitting process to make it a permanent policy, setting a higher standard. Discussion ensued between Mr. Knight and the Board regarding notice provisions and affected properties. Mr. Knight requested the Board to restrict the amendments to LDR's towards the lands east of I-95, and not do a re -write. Community Planning Director Stan Boling recapped the discussion to ensure the proper direction from the Board and Attorney's office. He acknowledged that if Wild Turkey were to move forward, they would provide a courtesy notice to those affected. Discussion continued regarding the LDR Amendments and the Moratorium following parallel tracks and the possibility of trading property with Mr. Sexton. Victor Knight wanted the Board to impose safeguards now to avoid angry residents. Commissioner Davis confirmed that he would contact Mr. Knight to ensure he gets his place on the Agricultural Advisory Committee meeting. Vice Chair Bowden disclosed that the Board would review the exceptions and add that to the process. NO ACTION REQUIRED OR TAKEN. Vice Chair Bowden called for a recess at 10:42 a.m. and reconvened the meeting at 10:59 a.m. with all members present. November 6, 2007 32 9.B.2. REQUEST TO SPEAK FROM THE WEST WABASSO CIVIC PROGRESSIVE LEAGUE REGARDING CONSIDERATION OF MEALS ON WHEELS FOR WEST WABASSO AND FELLSMERE Eugene Douglas, President of the West Wabasso Civic Progressive League, thanked the Board for its support and requested consideration for their proposal of hot meals through the Meals on Wheels program. Reverend S. McIntosh, Vice President of the West Wabasso Civic Progressive League, informed the Board that this proposal is to expand the Nutrition for Life program and provide a truck for the delivery of hot meals. Victor Hart, Sr. 4635 34th Avenue, Gifford, said he was there to provide moral support to the areas of West Wabasso and Fellsmere. He emphasized how this is a one-time requirement that would satisfy their need for a truck, so seniors can receive hot meals. William (Billy) Mennis, Jr. 8466 63rd Avenue, Wabasso, Secretary of the West Wabasso Civic Progressive League, wanted the Board's support in obtaining the truck so hot meals could be delivered to senior citizens. Julianne Price, Florida Department of Health, expressed how Meals on Wheels is a vital program for this County. She said the requested vehicle, which has heated facilities inside, will serve primarily the elderly, shut-ins, and the vulnerable population within the County. She informed the Board that the Florida Department of Health regulates the temperatures at 140 degrees so people would not get sick. If the food cannot be maintained at that temperature, then it must be disposed of and they would have to cease the Meals on Wheels operation. November 6, 2007 33 Discussion ensued among the Board members as to where the money would come from. Commissioner Davis said there was no doubt that the County has this need, and thought it would be cheaper than creating another site. He supported everything in the package except the site coordinators. Karen Deigl, CEO of the Senior Resource Association, thanked the Board for considering this request. She explained that the site coordinators and the driver would enable them to initially get the program up and running, and to have someone to efficiently and effectively run it. She informed the Board that they have over 300 volunteers, 60 of whom deliver meals daily within the County. She emphasized that the funding for Administration also needs to be included in the package because of the difficulties involved with a program run strictly by volunteers. Ms. Deigl expressed that, unfortunately, there are not many Grants available to request funds for capital and staffing, which is why they were requesting the entire package. MOTION was made by Commissioner Davis, SECONDED by Commissioner Flescher, to fund the entire package in the amount of $63,143.00. Vice Chair Bowden opened the public hearing. Bob Johnson, Coral Wind Subdivision asked why taxpayers had to pay for a vehicle that would be given to the Counsel on Aging. He felt this would set a precedence over all the other worthwhile programs. He also thought the County should be the last resort for requesting funding assistance. November 6, 2007 34 Karen Deigl said they get funding from the Federal and State Governments for the Council on Aging; and as for the Meals on Wheels Program, they get funding from the United Way and the Johns Island Service League, but they are for direct services only, not capital, as they are requesting here. Commissioner Davis explained that the big hurdle is the $40,000.00 cost of the truck with heat retaining ovens and refrigeration. He summarized by saying that right now they were delivering food with no way to keep it hot, therefore, when it starts to cool they are having to throw it away. Commissioner Davis was concerned that if someone ate something and got sick, it would allow for a tremendous liability. Joseph Paladin felt this would be a great investment for the County. Commissioner Flescher supported the program and thought this would be a small price to pay. Commissioner O'Bryan supported the program and thought it was a good example of government and private partnership. Vice Chair Bowden CALLED THE QUESTION and the Motion carried by a 4-0 vote (Chairman Wheeler absent). The Board approved the Nutrition for Life Program Expansion to Fellsmere and Wabasso Revised Proposed Budget of $63,143.00, which includes site coordinators, one driver, fuel, and a truck with heat retention ovens and refrigeration (including insurance). 9.C. PUBLIC NOTICE ITEMS November 6, 2007 35 10. COUNTY ADMINISTRATOR'S MATTERS - NONE 11. DEPARTMENTAL MATTERS II.A. COMMUNITY DEVELOPMENT II.A. I. CONSIDERATION OF A PLANNING & ZONING COMMISSION RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS RECOMMEND THAT THE STATE REVISE ITS PROCEDURE FOR DISPOSING OF CONSERVATION LANDS Director Boling reminded the Board that at the September 27, 2007 meeting, the P&Z discussed the Sand Lakes Tract, owned by St. Johns River Water Management District (SJRWMD). At that discussion, P&Z member Dr. Richard Baker used the Sand Lakes situation as an example of conservation lands owned by the State and its districts and agencies. The idea was brought up that if the State was going to dispose of conservation lands they should give the local government (in whose jurisdiction those lands reside) a right of first refusal to acquire the property. He said P&Z was recommending that the Board ask the State Legislative Delegation to initiate legislation to put such a policy in place. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) instructed the County Attorney's office to draft a Resolution supporting staff's recommendation to give local governments a right -of -first refusal to purchase conservation lands that are being considered for disposal. November 6, 2007 36 11.A.2. CONSIDERATION OF ROADWAY CONNECTIVITY REQUIREMENTS Director Boling said this item was not an urgent matter and suggested postponing it until Chairman Wheeler returns. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Chairman Wheeler absent) approved to postpone this item. 11.B. EMERGENCY SERVICES - NONE TLC. GENERAL SERVICES - NONE 11.D. HUMAN RESOURCES - NONE 11.E. HUMAN SERVICES - NONE 11.F. LEISURE SERVICES - NONE 11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 11.H. RECREATION- NONE 11.1. PUBLIC WORKS - NONE 11.J. UTILITIES SERVICES November 6, 2007 37 11.J.1. WINTER GROVE SUBDIVISION PETITION WATER SERVICE — 28TH & 29TH COURTS & 70TH PLACE, NORTH OF NORTH WINTER BEACH ROAD — 69TH STREET, INDIAN RIVER COUNTY PROJECT NO. UCP - 3013 Commissioner O'Bryan wanted to know the status of the petition. James Chastain, Manager of Assessment Projects, Department of Utility Services, informed Commissioner O'Bryan that of the 28 lots, 21 owners had signed the petition supporting the project. There was a brief question and answer period where Commissioner O'Bryan wanted to know the specifics of the lot prices and when the petitions were signed. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote, (Chairman Wheeler absent) approved the project and authorized the Department of Utility Services to proceed with the engineering design work and negotiate a contract for survey services, with one of the approved survey consultants, in preparation for the Special Assessment project, as recommended in the memorandum of October 22, 2007. 11.J.2. APPROVAL OF WORK AUTHORIZATION NO. 2007-012 FOR UTILITIES LABOR CONTRACTOR UNDERGROUND UTILITIES, INC. FOR CONSTRUCTION OF A WATER MAIN AND FIRE HYDRANT AT THE PELICAN ISLAND ELEMENTARY SCHOOL — UCP 3008 November 6, 2007 38 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Davis, the Board by a 4-0 vote (Chairman Wheeler absent) approved the total project amount estimated to be $22,418.33, and authorized the Chairman to execute Work Authorization No. 2007-012 with Underground Utilities, Inc. for $13,859.56, as recommended in the memorandum of October 24, 2007. WORK AUTHORIZATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11..1.3. AMENDMENT NO. 1 TO WORK ORDER No. 2 WITH CAMP DRESSER AND MCKEE, INC. FOR ENGINEERING SERVICES TO RELOCATE THE BIOSOLIDS DEWATERING FACILITY TO THE COUNTY LANDFILL SITE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved Addendum No. 1 to Work Order No. 1 with CDM in the amount of $120,304.00 to provide engineering design, permitting and construction services for relocation of the Biosolids Dewatering Facility to the County Landfill Site, and authorized the Chairman to execute the same, as recommended in the memorandum of October 29, 2007. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD November 6, 2007 39 12. COUNTY ATTORNEY MATTERS 12.A. DEMOLITION LIENS Deputy County Attorney William DeBraal informed the Board that this dealt with the County having demolished dilapidated and unsafe structures on eight properties throughout the County. He said the Board approved this in 2006, with Resolutions in October and July. After having demolished the unsafe structures, the Contractor submitted their costs to the County. Attorney DeBraal requested the Board approve the costs as a lien to be assessed against the properties where the structures once stood. Glenn Legwen, 5900 5th Street, S.W., told the Board that the County not only destroyed certain structures, but they also "carted away" a number of items that should not have been taken. He did not feel that a lien should be placed on his property since items were taken that would have allowed him to continue his nursery business. County Attorney William Collins explained to Mr. Legwen that the lien represents the cost to remove the unsafe structures, and that he had been given ample opportunity to remove any personal property from the demolition site. Attorney DeBraal agreed with Attorney Collins and added that he had gone out to the property during the inspection with Mr. Legwen pursuant to the warrant, and he also went out when the demolition contractor arrived on site. He clarified that the items Mr. Legwen referred to were items that were mixed in with the rubble, parts of the building that had fallen down or been discarded, and had been laying there for years. Attorney DeBraal further explained that the demolition contractor followed the instructions that had been provided, and he was supposed to November 6, 2007 40 clear the site after the demolition so there would not be any debris left behind that could become airborne. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board by a 4-0 vote (Chairman Wheeler absent) approved the lien amounts and authorized the Chairman to sign the liens for recordation in the public records, as recommended in the memorandum of October 18, 2007. DEMOLITION LIENS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. COMMISSIONER ITEMS 13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR - NONE 13. C COMMISSIONER WESLEY S. DAVIS - NONE 13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 13.E. COMMISSIONER PETER D. O'BRYAN- NONE 14. SPECIAL DISTRICTS AND BOARDS The Chairman announced that immediately upon adjournment of the Board of County Commissioners meeting, the Board would reconvene as the Board of Commissioners of November 6, 2007 41 the Emergency Services District. Those Minutes are being prepared separately and appended to this document. 14.A. EMERGENCY SERVICES DISTRICT 14.A.1. APPROVAL OF MINUTES — MEETING OF OCTOBER 23, 2007 14.A.2. AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO BARTH CONSTRUCTION, INC. FOR THE RECONSTRUCTION OF FIRE RESCUE STATION #4 14.A. 3. AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO BARTH CONSTRUCTION, INC. FOR THE RECONSTRUCTION OF FIRE RESCUE STATION #5 14.A.4. DESIGN SERVICES CONTRACTS (PART I AGREEMENTS) WITH BARTH CONSTRUCTION, INC. FOR THE CONSTRUCTION OF FIRE RESCUE STATION 9 14.B. SOLID WASTE DISPOSAL DISTRICT - NONE 14. C ENVIRONMENTAL CONTROL BOARD - NONE ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES November 6, 2007 42 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:30 a.m. ATTEST: Jeffrey K. Barton, Clerk Sandra L. Bowden, Vice Chair Minutes Approved: BCC/LAA/2007Minutes November 6, 2007 43