HomeMy WebLinkAbout12/18/2007INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 18, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS - NONE 2
6. APPROVAL OF MINUTES - NONE 2
7. CONSENT AGENDA 2
7.A. REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD: CONVICTIONS
FOR THE MONTH OF NOVEMBER 2007 3
7.B. APPROVAL OF WARRANTS -NOVEMBER 30 TO DECEMBER 06, 2007 3
7.C. RESIGNATION OF TOWN OF INDIAN RIVER SHORES APPOINTEE TO THE
METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMMITTEE 3
7.D. APPROVAL OF GIFFORD PARK SECURITY HOUSE LEASE AFTER CONCEPTUAL
APPROVAL AT NOVEMBER 20, 2007BOARD MEETING 3
7.E. TRI -PARTY SUBLEASE AGREEMENT FOR STEALTH FLAGPOLE AT SEA OAKS
WASTEWATER
December 18, 2007
1
TREATMENT PLANT WITH VERIZON WIRELESS AND T -MOBILE SOUTH 4
7.F. VACATION COMPENSATION CONSIDERATIONS 4
7.G. WABASSO CAUSEWAY FISHING PIERS 5
7.H. NEW TELEPHONE SYSTEM- NORTH COUNTY LIBRARY 5
7i WORK ORDER No. 1, (ENGINEERING/SURVEYING) FULL & FINAL PAYMENT
MASTELLER, MOLER, REED AND TAYLOR, INC., CR512 PHASE 3 (BUFFER
PRESERVE) WETLAND -MITIGATION AS -BUILT (RECORD) SURVEY 6
7.J. WORK ORDER No. 2, (ENGINEERING/SURVEYING) FULL & FINAL PAYMENT,
MORGAN & EKL UND, INC., WABASSO BEACH PARK ADDITIONAL TOPOGRAPHIC
SURVEY, PARK AND UTILITY DESIGNS - PERMITTING APPLICATIONS IRC
#0612 6
7.K. TOUSA HOMES INC.'S REQUEST FOR FINAL PLAT APPROVAL FOR A
PLAT -OVER -SITE PLAN SUBDIVISION TO BE KNOWN AS ORCHID RESERVE 6
7.L. CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
NEIGHBORHOOD REVITALIZATION CATEGORY CONSULTANT SELECTION
COMMITTEE RECOMMENDATION 7
7.M. CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER
RECOVERY INITIATIVE MODIFICATION #4 8
7.N. WORK ORDER No. 4 (ENGINEERING/SURVEYING) KIMLEY-HORNAND
ASSOCIATES, INC., DISNEY PARCEL - CR510 BOUNDARY SURVEY 8
7.0. WORK ORDER No. 1 (ENGINEERING/SURVEYING) FULL AND FINAL PAYMENT,
CARTER ASSOCIATES, INC., LENNIE'S LOUNGE BOUNDARY SURVEY, IRC
PROJECTNO. 0512 8
7.P. F.D.O.T. TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT
(TRIP)AND RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE, IRC
PROJECTNO. 0749, INTERSECTION IMPROVEMENTS ONSR-60 AT 58m
AVENUE, STATE FM#: 422688-1-58-01 9
7.Q. WORK ORDER No. 4 (ENGINEERING/SURVEYING), CARTER ASSOCIATES, INC.,
FENDER PARCEL BOUNDARY SURVEY, CR510 AND US HIGHWAY NO. 1 9
7.R. 6 -INCH FORCE MAIN ON 65T STREET FROM OLD DIXIE HIGHWAY TO LATERAL
G CANAL, APPROVAL OF FINAL PAYMENT TO SCHULKE, BITTLE & STODDARD,
L.L.C., FOR ENGINEERING SERVICES, W.LP. No. 472-169000-06545, UCP No.
2709 10
December 18, 2007
2
7.S. RELEASE OF RETAINAGE FOR WORK ORDER NO. 2 (UTILITY) WITH CARTER
ASSOCIATES, INC., FOR SURVEY SERVICES FOR THE WEST REGIONAL WATER
TREATMENT FACILITY EXPANSION- UCP -2621 10
7. T. UNDERGROUND ELECTRICAL SERVICE INSTALLATION BY FLORIDA POWER AND
LIGHT AT WEST REGIONAL WASTEWATER TREATMENT FACILITY- UCP -262110
7. U. REHABILITATION OF LIFT STATIONS #164,167,168 AND THE SOUTH REGIONAL
WASTE WATER TREATEMENT FACILITY LIFT STATION #1, RELEASE OF
RETAINAGE AND FINAL PAY UCP -2898 11
7.V. HOBARTINDUSTRIAL PARK 16 -INCH WATER MAIN CONSTRUCTION, UCP NO.
2387, APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND RELEASE OF
RETAINAGE 11
7.W. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION PAVING,
UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.) 12
7.X. FINAL PAYMENT FOR ENGINEERING SERVICES FOR WATER AND SEWER
UTILITY EXTENSIONS FOR CR 512 PHASE IV PER WORK ORDER NO. 10 WITH
MASTELLER & MOLER, INC., UCP NO. 2940 13
7. Y. APPROVAL OF FIRST AMENDMENT TO PRIVITY AGREEMENT FOR SPATIAL
REFINEMENT OF UTILITIES GIS DATA TO FLORIDA STATE PLANE COORDINATE
SYSTEM PHASE 2 13
7.Z. WABASSO BEACH RESTORATION (DRAFT) FDEP GRANT AGREEMENT NO.
071R2 13
7.AA. CONTRACT FOR PURCHASE OF VOGEL PROPERTY 14
7.BB. INDIAN RIVER HABITAT FOR HUMANITY'S REQUEST FOR FINAL PLAT
APPROVAL FORA SUBDIVISION TO BE KNOWN AS GRACE WOODS 15
7. CC. GRANTS OF EASEMENTS TO INDIAN RIVER FARMS WATER CONTROL DISTRICT::
16TH STREET AND 74THAVENUE15
7.DD. ADDITION: STRATEGIC AGGREGATES REVIEW TASK FORCE MEETING 15
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES 17
A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF
December 18, 2007
3
COURT: BOARD OF COUNTY COMMISSION MEETING
MINUTES 17
9. PUBLIC ITEMS - 18
A. PUBLIC HEARINGS 18
1. REQUEST TO FORMALLY DESIGNATE 1.3 MILE SEGMENT OF OLD DIXIE
HIGHWAY SOUTH OF CR 512 ASA HISTORIC ROAD (ADMINISTRATIVE) 18
9.A.2. MINING MORATORIUM ORDINANCE (LEGISLATIVE) 22
9.B. PUBLIC DISCUSSION ITEMS 27
1. REQUEST TO SPEAK FROM FRANK ZORC, ST. FRANCIS MANOR, REGARDING
FUNDING ASSISTANCE FOR BOARDWALK ATST. FRANCIS MANOR 27
9.C. PUBLIC NOTICE ITEMS - NONE 27
10. COUNTY ADMINISTRATOR MATTERS - NONE 27
11. DEPARTMENTAL MATTERS 27
A. COMMUNITY DEVELOPMENT 27
1. STAFF REQUEST FOR AUTHORIZATION TO PROCEED WITH HABITAT
RESTORATION ON THE LOST TREE ISLANDS AS (PARTIAL) MITIGATION FOR THE
SPOONBILL MARSH UTILITIES PROJECT AND REQUEST FOR AUTHORIZATION
TO PROCEED WITH OTHER RESTORATION AND PLANNING ACTIVITIES
ASSOCIATED WITHA U.S. FISH AND WILDLIFE SERVICE COST -SHARE GRANT
CONSISTENT WITH THE LOST TREE ISLANDS MANAGEMENT PLAN 27
11.B. EMERGENCY SERVICES - NONE 28
11.C. GENERAL SERVICES - NONE 28
December 18, 2007
4
11.D. HUMAN RESOURCES - NONE 28
11.E. HUMAN SERVICES - NONE 28
11.F. LEISURE SERVICES - NONE 28
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 29
11.H. RECREATION - NONE 29
11.I. PUBLIC WORKS - NONE 29
11.J. UTILITIES SERVICES 29
1. AMENDMENT NO. 2 TO WORK ORDER No. 2 TO PBS&J-ADDITION OF THREE
WELLS AT NORTH COUNTYR.O. PLANT TO HELP REDUCE IMPACTS TO LOCAL
WELLFIELDS 29
11.J.2. APPROVAL OF CHANGE ORDER NO. 1 TO BID NO. 2007025 FOR RELOCATION
OFANEXISTING 20-INCH VALVE ON THE FORCE MAIN AT THE MASTER
IN-LINE PUMP STATION AT THE SOUTH COUNTYR.O. PLANT, INSTALL A
TELEMETRY TOWER AND UPSIZE INSTRUMENTATION SAMPLE VALVES - UCP
2628 29
11.J.3. VERO LAKE ESTATES 12" WATER MAIN- UCP 2958, CHANGE ORDER No. 1
TO IRC CONTRACT 2008015 WITH SHELTRA AND SONS CONSTRUCTION
COMPANY 30
11.J.4. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID
#2008019, FURNISH AND INSTALL TWO (2) BULK SODIUM HYPOCHLORITE
STORAGE TANKS, UTILITIES DEPARTMENT 30
12. COUNTY ATTORNEY MATTERS - NONE 31
December 18, 2007
5
13. COMMISSIONERS' ITEMS 31
A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN - NONE 31
B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 31
1. VERO LAKE ESTATES GREEN PARK 31
C. COMMISSIONER JOSEPH E. FLESCHER 32
D. COMMISSIONER PETER D. O'BRYAN - NONE 32
E. COMMISSIONER GARY C. WHEELER - NONE 32
1. ADDITION: CHAIRMAN'S ASSISTANT 32
14. SPECIAL DISTRICTS AND BOARDS 33
A. EMERGENCY SERVICES DISTRICT 33
1. EMERGENCY SERVICES STATION 2, DEDUCTIVE CHANGE ORDERS Nos. 2 AND 3
33
14.A.2. APPROVAL TO PURCHASE Two (2) REPLACEMENT FIRE ENGINES FROM
TEN -8 FIRE EQUIPMENT, INC 33
B. SOLID WASTE DISPOSAL DISTRICT 33
1. AMENDMENT NO. 1 TO WORK ORDER No. 11 TO GEOSYNTEC CONSULTANTS
FOR THIRD PARTY VERIFICATION SERVICES RELATED TO LANDFILL METHANE
GREENHOUSE GAS REDUCTION CREDITS 34
C. ENVIRONMENTAL CONTROL BOARD - NONE 34
15. ADJOURNMENT 34
December 18, 2007
6
December 18, 2007
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, December 18, 2007. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley
S. Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Detective Teddy Floyd, IRCSO Crime Prevention Unit, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Gary C. Wheeler led the Pledge of Allegiance to the Flag.
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December 18, 2007
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS
Chairman Bowden announced the following changes to today's Agenda:
1. Addition: Item 7.DD — Strategic Aggregates Review Task Force Meeting
2. Addition: Item 13.E.1 - Clarification for Chairman's Aide transition
period.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS - NONE
6. APPROVAL OF MINUTES - NONE
7. CONSENT AGENDA
Commissioner Wheeler asked to pull for discussion, Items 7.F., 7.W., and 7.AA.
Commissioner O'Bryan asked to pull for discussion, Items 7.K. & 7.DD.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
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December 18, 2007
7.A. REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD:
CONVICTIONS FOR THE MONTH OF NOVEMBER 2007
The Board noted the Reports on file in the Office of the
Clerk to the Board.
7.B. APPROVAL OF WARRANTS —NOVEMBER 30 TO DECEMBER 06, 2007
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of November 30, 2007, to December 06,
2007, as requested in the memorandum of December 6,
2007.
7.C. RESIGNATION OF TOWN OF INDIAN RIVER SHORES APPOINTEE TO
THE METROPOLITAN PLANNING ORGANIZATION CITIZENS
ADVISORY COMMITTEE
The Board noted the resignation of Mr. Robert Bowman from the MPO Citizens
Advisory Committee, as the Town of Indian River Shores Appointee.
7.D. APPROVAL OF GIFFORD PARK SECURITY HOUSE LEASE AFTER
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December 18, 2007
CONCEPTUAL APPROVAL AT NOVEMBER 20, 2007 BOARD MEETING
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously reviewed
and approved the signed Gifford Park Security House
Lease Agreement as presented, and as recommended in the
memorandum of November 30, 2007.
LEASE AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.E. TRI -PARTY SUBLEASE AGREEMENT FOR STEALTH FLAGPOLE AT
SEA OAKS WASTEWATER TREATMENT PLANT WITH VERIZON
WIRELESS AND T -MOBILE SOUTH
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Tri -Party Sublease Agreement with Verizon Wireless
Personal Communications LP d/b/a Verizon Wireless and
T -Mobile South LLC. The Board also authorized the
Chairman to execute said agreement, as recommended in
the memorandum of December 10, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.F. VACATION COMPENSATION CONSIDERATIONS
Commissioner Wheeler wanted to know how many employees would be affected,
and whether every employee has the same opportunity. Administrator Baird explained the
process and the reasons for this request.
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December 18, 2007
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved
payment of up to one week for vacation accrual balances
exceeding the maximum cap, as recommended in the
memorandum of December 5, 2007.
7.G. WABASSO CAUSEWAY FISHING PIERS
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
to wait for the Florida Department of Transportation
(FDOT) to contract with a Marine contractor in late 2008
and to negotiate a price to remove the damaged fishing
piers or repair the piers, as recommended in the
memorandum of December 6, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.H. NEW TELEPHONE SYSTEM — NORTH COUNTY LIBRARY
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agreement for the replacement telephone system at the
North County Library, and authorized the Chairman to
execute same, as recommended in the memorandum of
December 10, 2007.
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December 18, 2007
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.1. WORK ORDER No. 1, (ENGINEERING/SURVEYING) FULL & FINAL
PAYMENT MASTELLER, MOLER, REED AND TAYLOR, INC., CR512
PHASE 3 (BUFFER PRESERVE) WETLAND -MITIGATION AS -BUILT
(RECORD) SURVEY
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the payment of Invoice No. 5799 in the amount of
$7,500.00, to Masteller, Moler, Reed & Taylor, Inc., as
recommended in the memorandum of December 6, 2007.
7.J. WORK ORDER No. 2, (ENGINEERING/SURVEYING) FULL & FINAL
PAYMENT, MORGAN & EKLUND, INC., WABASSO BEACH PARK
ADDITIONAL TOPOGRAPHIC SURVEY, PARK AND UTILITY DESIGNS —
PERMITTING APPLICATIONS IRC #0612
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the payment of Invoice No. 1-07-809 in the amount of
$2,500.00, to Morgan & Eklund, Inc., as recommended in
the memorandum of December 10, 2007.
7.K. TOUSA HOMES INC. 'S REQUEST FOR FINAL PLAT APPROVAL FOR A
PLAT -OVER -SITE PLAN SUBDIVISION TO BE KNOWN AS ORCHID
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December 18, 2007
RESERVE
Planning Director Stan Boling gave a brief description and update on the property,
in response to Commissioner O'Bryan's queries.
Matthew Conene, representing Tulsa Homes, responded to questions from
Commissioner O'Bryan and other Commissioners regarding conditions on the property and what
could happen to the property after final plat is granted.
Among the issues addressed by the Board were fee simple transaction, bonding, and
whether they wanted this to be a rental community.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, by a 4-1 vote (Commissioner
O'Bryan opposed), the Board granted final plat approval
for Orchid Reserve Subdivision, as recommended in the
memorandum of December 12, 2007.
7.L. CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
NEIGHBORHOOD REVITALIZATION CATEGORY CONSULTANT
SELECTION COMMITTEE RECOMMENDATION
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the consultant selection prioritization list and authorized
staff to begin contract negotiations starting with the number
one ranked firm, Guardian Community Resource
Management, Inc., as recommended in the memorandum of
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December 18, 2007
December 11, 2007.
7.M. CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
DISASTER RECOVERY INITIATIVE MODIFICATION #4
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the proposed Modification #4 to the Disaster Recovery
Initiative Community Development Block Grant and
authorized the Chairman to sign the appropriate documents
for transmittal to the Department of Community Affairs
(DCA), as recommended in the memorandum of December
10, 2007.
COPY OF GRANT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.N. WORK ORDER No. 4 (ENGINEERING/SURVEYING) KIMLEY-HORN
AND ASSOCIATES, INC., DISNEY PARCEL — CR510 BOUNDARY
SURVEY
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 4, authorizing the project as outlined in the
Scope of Services, and authorized the Chairman to execute
said Work Order, as recommended in the memorandum of
December 10, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.0. WORK ORDER No. 1 (ENGINEERING/SURVEYING) FULL AND FINAL
8
December 18, 2007
PAYMENT, CARTER ASSOCIATES, INC., LENNIE'S LOUNGE
BOUNDARY SURVEY, IRCPROJECTNO. 0512
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the payment of Invoice No. 07483-1 in the amount of
$5,850.00 to Carter Associates, Inc., as recommended in
the memorandum of December 6, 2007.
7.P. F.D. 0. T. TRANSPORTATION REGIONAL INCENTIVE PROGRAM
AGREEMENT (TRIP)AND RESOLUTION AUTHORIZING THE
CHAIRMAN'S SIGNATURE, IRC PROJECT NO. 0749, INTERSECTION
IMPROVEMENTS ONSR-60 AT 58111 AVENUE, STATE FM#:
422688-1-58-01
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-167 authorizing execution of a
Transportation Regional Incentive Program (TRIP) for the
intersection improvements on SR -60 at 58th Avenue.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Q. WORK ORDER No. 4 (ENGINEERING/SURVEYING), CARTER
ASSOCIATES, INC., FENDER PARCEL BOUNDARY SURVEY, CR510
AND US HIGHWAY NO. 1
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
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December 18, 2007
Work Order No. 4, authorizing the project as outlined in the
Scope of Services, and authorized the Chairman to execute
said Work Order, as recommended in the memorandum of
December 10, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.R. 6 -INCH FORCE MAIN ON 65TH STREET FROM OLD DIXIE HIGHWAY
TO LATERAL G CANAL, APPROVAL OF FINAL PAYMENT TO
SCHULKE, BITTLE & STODDARD, L.L.C., FOR ENGINEERING
SERVICES, W.I.P. No. 472-169000-06545, UCP No. 2709
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
Invoice No. 06-128-6 as final payment to Schulke, Bittle &
Stoddard, L.L.C., in the amount of $1,451.67, as
recommended in the memorandum of December 4, 2007.
7.S. RELEASE OF RETAINAGE FOR WORK ORDER No. 2 (UTILITY) WITH
CARTER ASSOCIATES, INC., FOR SURVEY SERVICES FOR THE WEST
REGIONAL WATER TREATMENT FACILITY EXPANSION — UCP -2621
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 2, release of retainage with Carter
Associates, Inc., in the amount of $274.00, as
recommended in the memorandum of December 6, 2007.
7.T. UNDERGROUND ELECTRICAL SERVICE INSTALLATION BY FLORIDA
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December 18, 2007
POWER AND LIGHT AT WEST REGIONAL WASTEWATER TREATMENT
FACILITY— UCP -2621
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the underground feeder installation for $5,103.31 by FP&L,
and authorized the Chairman to execute the Agreement as
presented and as recommended in the memorandum of
November 28, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.U. REHABILITATION OF LIFT STATIONS #164, 167, 168 AND THE
SOUTH REGIONAL WASTE WATER TREATEMENT FACILITY LIFT
STATION #1, RELEASE OF RETAINAGE AND FINAL PAY UCP -2898
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the final pay of $14,767.80 and release of
retainage to J&H Waterstop, Inc., for the rehabilitation of
Lift Stations 164, 167 and 168, and the South Regional
Wastewater Treatment Facility's lift station, as
recommended in the memorandum of December 5, 2007.
7.V. HOBART INDUSTRIAL PARK 16 INCH WATER MAIN CONSTRUCTION,
UCP No. 2387, APPROVAL OF FINAL PAYMENT TO CONTRACTOR
AND RELEASE OF RETAINAGE
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December 18, 2007
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
Application for Payment No. 5 — Final as final payment to
Contractor, Derrico Construction Corp., in the amount of
$21,644.10, as recommended in the memorandum of
December 5, 2007.
7. W. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION
PAVING, UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES,
ETC.)
Commissioner Wheeler inquired if this was an annual floating rate, with adjusters on
an annual basis, and whether this applies to current applications. Administrator Baird said this
would apply to everyone who asked for a loan in the calendar year 2008.
Commissioner O'Bryan favored a minimum 5 %% interest rate to give individuals a
break. Administrator Baird did not have a problem as long as they did not go below 5.4%. Vice
Chairman Davis was in favor of that proposal.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the fixed interest rate of 5.75%, which rate shall remain in
effect for calendar year 2008 for all County financing with
the exception of projects directly affiliated with a Bond
issue for which the Bond covenants dictate a different
interest rate, all as recommended in the memorandum of
December 12, 2007.
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December 18, 2007
7.X. FINAL PAYMENT FOR ENGINEERING SERVICES FOR WATER AND
SEWER UTILITY EXTENSIONS FOR CR 512 PHASE IV PER WORK
ORDER No. 10 WITHMASTELLER & MOLER, INC., UCP No. 2940
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
Invoice No. 0713LA-2 — Final payment, in the amount of
$350.00 for engineering services, which will complete the
County's obligation to the Consultant, as recommended in
the memorandum of December 11, 2007.
7.Y. APPROVAL OF FIRST AMENDMENT TO PRIVITY AGREEMENT FOR
SPATIAL REFINEMENT OF UTILITIES GIS DATA TO FLORIDA STATE
PLANE COORDINATE SYSTEM PHASE 2
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Spatial Refinement of Utilities GIS Data to Florida
State Plane Coordinate System Phase 2, in the amount of
$29,173.00, and authorized the Chairman to sign the First
Amendment to Privity Agreement as presented, and as
recommended in the memorandum of December 10, 2007.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Z. WABASSO BEACH RESTORATION (DRAFT) FDEP GRANT
AGREEMENT No. 07IR2
December 18, 2007
13
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the (Draft) Florida Department of Environmental
Protection (FDEP) Agreement No. 07IR2 for funding
assistance associated with the Sector 3 (Wabasso Beach)
Restoration and Emergency Dune Restoration Projects.
The Board also authorized the Chairman to execute the
final agreement upon submittal to the County and following
approval from the County Attorney and Public Works staff,
as recommended in the memorandum of December 10,
2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.AA. CONTRACT FOR PURCHASE OF VOGEL PROPERTY
Commissioner Wheeler wondered if the appraisal and other fees were correct, as
they seemed exorbitant. Attorneys Collins and DeBraal addressed Commissioner Wheeler's
concerns.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute the Contract for
Sale and Purchase of the Vogel right-of-way property, and
authorized payment of the costs outlined therein, as
recommended in the memorandum of December 12, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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December 18, 2007
7.BB. INDIAN RIVER HABITAT FOR HUMANITY'S REQUEST FOR FINAL
PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS GRACE
WOODS
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
and granted final plat approval for Grace Woods
Subdivision, as recommended in the memorandum of
December 12, 2007.
7. CC GRANTS OF EASEMENTS TO INDIAN RIVER FARMS WATER
CONTROL DISTRICT: 16TH
STREET AND 74111AVENUE
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Grants of Easements to Indian River Farms Water
Control District, and authorized the Chairman to execute
same, as recommended in the memorandum of December
12, 2007.
COPY OF EASEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.DD. ADDITION: STRATEGIC AGGREGATES REVIEW TASK FORCE
MEETING
Commissioner O'Bryan sought approval to attend the Strategic Aggregates Review
Task Force Meeting in Tampa, Florida on December 18, 2007 through December 20, 2007. He
believed mining operations would be a topic of discussion.
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December 18, 2007
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to Instruct the
County Attorney to draft a resolution to be sent to State
Representatives Poppell and Mayfield, Senators Pruit and
Haridopolous, and the Governor, strongly stating that we
want to maintain local control over mining issues.
Chairman Bowden encouraged municipalities to send a letter or resolution to the
State in this regard. She also encouraged individuals in the community to take the time to write
personal letters to their Congressman, Senators and the Governor on the issues.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to add the request
for approval to attend the Strategic Aggregates Review
Task Force Meeting in Tampa, Florida on December 18,
2007 through December 20, 2007.
THE CHAIRMAN CALLED THE QUESTION and the
Motion carried unanimously. The Board approved: (1) to
Instruct the County Attorney to draft a resolution to be sent
to State Representatives Poppell and Mayfield, Senators
Pruit and Haridopolous, and the Governor, strongly stating
that we want to maintain local control over mining issues;
and (2) out -of -County travel for Commissioner O'Bryan to
attend the Strategic Aggregates Review Task Force
Meeting in Tampa, Florida on December 18, 2007 through
December 20, 2007.
16
December 18, 2007
Chairman Bowden announced that staff was welcomed to attend the meeting in
Tampa.
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
A. JEFFREY K. BARTON, INDIAN RIVER COUNTY
CLERK OF COURT: BOARD OF COUNTY COMMISSION
MEETING MINUTES
Clerk of Court Jeffrey K. Barton updated the Board on its previous request to
streamline the Board's Minutes. He pointed out that by law we are only required to document the
Motion, who made and seconded it, and what the vote was. He discussed how the Minutes could
be handled in a more efficient and effective manner to be ready for distribution a day after each
meeting.
Vice Chairman Davis voiced his opinion on what he wanted the format of the
Minutes to reflect. Commissioner Wheeler wanted to add that there was some degree of
discussion on the issues and to say briefly what it was. Vice Chairman Davis wanted to see a
counter on the Minutes with beginning and end time of each item. Mr. Barton asked the Board to
approve in concept for staff to move forward with the proposal.
Motion was made by Vice Chairman Davis, SECONDED
by Commissioner Wheeler to move forward with an
electronic form of Minutes that reflect the time of each
item, and who made and seconded a Motion.
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December 18, 2007
Mr. Barton informed the Board that he was only asking for the concept to be
approved and he would bring the matter back for approval. Administrator Baird provided further
insight on the technology being proposed by Mr. Barton, and had no indication of how much this
would cost.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved the concept of an
electronic form of Minutes that reflect the time of each
item, and who made and seconded a Motion, and that the
matter be brought back to the Board for final approval.
9. PUBLIC ITEMS -
A. PUBLIC HEARINGS
I. REQUEST TO FORMALLY DESIGNATE A I.3 MILE SEGMENT OF OLD
DIXIE HIGHWAY SOUTH OF CR 512 AS A HISTORIC ROAD
(ADMINISTRATIVE)
Chief of Environmental Planning Roland DeBlois recapped the backup
memorandum dated December 12, 2007 and provided background on the request of Harry Tanner
that the County formally designate a 1.3 mile segment of Old Dixie Highway, south of CR 512, as
a historic road. Mr. DeBlois thereafter responded to questions from the Board.
Chairman Bowden opened the Public hearing.
Ruth Stanbridge, County Historian, has determined that there is proof that this
section of roadway is the original section of Old Dixie Highway. In response to Commissioner
Flescher's request, Ms. Stanbridge outlined the benefits to the County to have this historic
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December 18, 2007
designation.
The Chairman called a break at 10:29 a.m., and reconvened the Meeting at 10:42
a.m., with all members present.
Mr. Charlie Wilson, 1935 19th Avenue, representing Ocean Concrete, thought this
designation could affect hundreds of people and not just Ocean Concrete. It was their belief that
this roadway "is the incorrect road." He urged the Board to take a timely look at this issue.
Jeffrey Smith, Esquire, Smith & Associates, Tallahassee, representing George
Maib and Ocean Concrete, presented researched evidence/facts that sought to contradict the
County Historian's conclusion that the subject roadway is indeed historic. He urged the Board to
gather more facts before making a decision that would affect people's property rights because their
properties abut a historic roadway.
Todd Smith, 121 Hinchman Avenue, Sebastian, and Engineer representing Ocean
Concrete, wondered whether the Board could legally at this time consider this request because
there is no right-of-way at certain locations along this 1.3 mile stretch of Old Dixie Highway. He
addressed the issue of notice to property owners and felt if the Board approves without allowing
widening of the road it would deny property owners the right to develop their properties.
Petitioner Harry Tanner, 517 Belfast Terrace, Sebastian, defended his credibility,
which had been questioned since he petitioned the Board to have the subject roadway designated
"historic". He strongly believed the road has not been changed from its original structure and
presented various researched data in evidence to the history of the subject roadway. He hoped the
Board would vote to designate this segment of road "historic".
Councilwoman Dale Simchick, Sebastian City Council, reported that the City of
Sebastian has no law on the books for City historical roads and was awaiting the County's
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December 18, 2007
decision. She hoped the Board would not add option 6 and kick it back to Sebastian.
Chris Crawford, Chairman of the Historical Resources Advisory Committee
(HRAC), clarified a portion of Minutes that were taken out of context regarding private property
rights.
Theresa Bryant, 1759 Highland Avenue, Melbourne, property owner on Old Dixie,
asked the Board to see if there is truly enough historic significance for this designation, and to
consider the property values and rights of residents along that road.
Warren Dill, Esquire, 1565 US Highway 1, Sebastian, representing Janet Carretto,
property owner on the subject roadway, addressed the issue of Notice Requirements which he felt
was not fulfilled in this instance and thought that was sufficient to have the Board table this matter
for a future date. He talked about the process used to bring the matter to the Board and whether the
Petitioner was qualified under County laws to bring this matter forward. He felt the Historical
Resources Advisory Committee (HRAC) did not go far enough in its research and consideration of
this matter.
At the invitation of Attorney Dill, Williams Zentz, Surveyor of 684 Old Dixie
Highway, explained how he platted/surveyed the subject portion of roadway.
Attorney Dill said his client was not necessarily opposed to the designation but
wanted to be absolutely certain that it is indeed Dixie highway. He asked the Board to not take
action on the matter but to send it back to staff and the HRAC for further review and study.
County Attorney William Collins addressed the concerns of Mr. Dill regarding
filing of a petition, and notice requirements.
20
December 18, 2007
The Board briefly discussed whether the matter was quasi-judicial, if the law was
followed regarding proper notice, and whether to table and have the issue brought back to the
Board.
Judy Tanner, 517 Belfast Terrace, Sebastian, remarked that property owners do not
have to be notified in this particular situation, and are only being notified as a courtesy. However,
they do have to be notified if there was going to be excavation on their property and not for an
historical declaration.
Ralph Brown, Jacksonville Beach, whose family own property along south Old
Dixie Highway, was bothered by questions of whether Old Dixie is in fact Old Dixie.
George Maib, 11085 Old Dixie Highway and Ocean Concrete, said he did not
receive timely notice. After addressing the rights of property owners, he asked that the Board send
the matter back to the HRAC for further review.
Amanda Avery, 5235 N. Piper Circle, Port St. Lucie, read an e-mail from Tim
Friedman of 11465 Old Dixie Highway, Sebastian, which questioned the petition to designate the
subject roadway as historic. He also had not received notice from the County about these hearings.
Ms. Stanbridge invited questions from any interested party.
Mr. Wilson again urged the Board to deny the Petition or send it back to the HRAC
until all questions have been decided.
There were no other speakers and the Chairman closed the public hearing.
Vice Chairman Davis felt it was not appropriate to move forward based on
comments from Attorney Dill. Commissioner Flescher agreed with Vice Chairman Davis and felt
that there has been a lot of compelling arguments that could suggest ambiguity.
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December 18, 2007
MOTION WAS MADE by Commissioner Flescher to table
this item to a time certain in January.
Attorney Collins did not think that would be effective because of Notice
requirements.
Commissioner Wheeler was not sure they needed a Motion because the survey was
not yet completed, and there were the issues of notification and quasi-judicial matters to be
addressed.
Vice Chairman Davis MOVED, SECONDED by
Commissioner Wheeler, to approve Option 2 recommended
by staff: "Delay action on the petition until HRAC reviews
research information to be provided by Mr. Maib and
studied by the County Surveyor to determine if the road
segment is in fact part of the original Old Dixie Highway."
The Board continued to discuss the history of Old Dixie Highway and whether the
subject road is indeed "the Dixie Highway."
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
The Chairman called a recess at 12:53 p.m., and reconvened the meeting at 1:07
p.m., with all members present.
9.A.2. MINING MORATORIUM ORDINANCE (LEGISLATIVE)
22
December 18, 2007
County Attorney William Collins updated the Board on its recent request for a
mining moratorium ordinance. By recapping the backup memorandum dated December 12, 2007,
he outlined the basic requirements of a moratorium and its purposes. He thereafter recommended
that the Board open the public hearing and receive input on the proposed mining moratorium,
direct any desired changes to the ordinance prior to the second public hearing, and select a date and
time for the second (final) public hearing.
The Chairman opened the public hearing.
Robert Adair, Vice Chairman of Indian River Soil and Water Conservation
District, and Chairman of the Agricultural Advisory Board, through a slide presentation provided
recently published hydro -ecology information on the adverse impacts associated with mining
excavations. He urged the Board to fully investigate: (1) where mines should and should not be
located; and (2) what limits should be placed on the size, number, and depth of all mining
operations in the County. Mr. Adair thereafter responded to questions from the Board.
Michael O'Haire, representing a number of property owners along 82nd Avenue,
talked about the effect of below surface water and thought the Board had no alternative but to take
the time to study what is coming into our County for the first time. He urged the Board to adopt
the moratorium for the purposes of getting the studies done. He thereafter responded to questions
from the Board.
Deborah Ecker, 550 Riomar Drive, on behalf of Indian River Neighborhood
Association (IRNA), urged the Board to: (1) adopt a moratorium on mining operations; and (2)
direct the Planning Department to review and rewrite all regulations regarding allowable uses on
agriculturally zoned lands.
The following speakers supported and urged the Board to enact the moratorium:
23
December 18, 2007
Victor Knight, 3295 Ranch Road
Jens Tripson, 2525 14th Street, Pelican Audubon Society
Amy Banov 6700 Carson Trail Drive, in vicinity of two existing mines
Warren Winchester, past Mayor of Vero Beach
Fran Denhardt, 2055 82nd Avenue, Ranchland Mobile Home Park
An unidentified speaker urged the board to vote yes for the moratorium.
Nancy Wood, Indian River Green Team
Sharon Cowan, 2125 82nd Avenue SW
Donald Simon, 8080 24th Street
Jim Gallagher, 766 Holden Avenue, Sebastian
Martha Redner, 9 Riverwood Drive, Sebastian
Joseph Paladin, President of Black Swan Consulting, and representing Wild
Turkey Sand Mines, commented on water conservation issues and the Hydrologist report. He read
the conclusion of the Hydrologist report, and concluded that the project as described in the report
would have no adverse impact on the water resources of the area, but would significantly enhance
them. He suggested the Board attach the proposals to future mining applications and the
permitting process.
Helen Shafer, 6850 Carson Trail Drive, expressed faith in this Commission and the
County to protect and take care of its residents.
Bea Gardner saw the need for changes in our Land Development Regulations;
thought the Board should add time to the moratorium (a minimum of one year); and suggested the
creation of a sand -mining awareness committee.
Scott Sanders, 13680 N. Indian River Drive, Sebastian, addressed the water issue
and believed it is more cost effective to use surface water for potable uses. He discussed the
24
December 18, 2007
distinction between sand mining and rock coring, and defended comments about dust and traffic
nuisance in mining areas. He urged the Board to get the facts from the experts and consider them.
Commissioner Wheeler explained that taking the time, getting the facts and studying
them was what the moratorium sought to accomplish.
Jonathan Ferguson, Esquire, Ruden, McClosky, 145 Central Park Plaza, Port St.
Lucie, representing Wild Turkey mines, thought the moratorium was not to take a studied look at
regulations because that has already been done, but it was an effort to come up with rules in the
future to prohibit the Wild Turkey Mines. He suggested that the moratorium was not necessary,
and that the County could work out the issues with the applicant. He asked the Board to not adopt
the moratorium but to send the matter to a second public hearing.
The Chairman called a break at 2:52 p.m. and reconvened the meeting at 3:06 p.m.,
with Vice Chairman Davis absent.
Warren Dill, Esquire, 1565 US 1, Sebastian, and representing North Cypress
Reserve Inc., spoke only on the mine at 17th St. SW and 86th Avenue SW. He briefly reviewed the
ordinance regarding issuance of mining permit and site plan release.
(Clerk's Note: Vice Chairman Davis rejoined the Meeting at 3:09 p.m.)
Attorney Dill asked the Board to exempt his client from the process just in case
something happens between now and the next meeting should the Board decide to go ahead with
the moratorium.
Administrator Baird would not necessarily use the term "exempt" because the
applicant had gone through the application process, had paid all impact fees, and had gotten their
concurrency certificates. Attorney Collins did not have a problem calling it an exemption to the
25
December 18, 2007
Ordinance because they were already approved.
Russell Herman, 586 Ridgewood Court, Sebastian, representing the Friends of St.
Sebastian River, urged the Board to impose the moratorium on sand and rock mining for six
months.
Sharon Cowan objected to the exemption and called it unconscionable. She
implored the Board not to make such exemptions.
Suzon Franzke, 8190 37th Street, saw the moratorium as directly related to sand and
rock mines, and voiced her objection to such mines.
There were no other speakers the Chairman closed the public hearing.
Chairman Bowden reminded the Board of the decisions to be made: (1) whether
they needed to make changes to any part of the ordinance prior to the second public hearing, and
(2) if they desired to have a second public hearing to set a date and time for said hearing.
Board members contemplated the appropriate date and time to schedule the second
public hearing, and whether to effect changes to the Ordinance. The following decision was
subsequently made:
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
to schedule the second Public Hearing pertaining to the
mining moratorium for Monday, January 7, 2008 at 7:00
pm., in the Commission Chambers.
26
December 18, 2007
9.B. PUBLIC DISCUSSION ITEMS
1. REQUEST TO SPEAK FROM FRANK ZORC, ST. FRANCIS MANOR,
REGARDING FUNDING ASSISTANCE FOR BOARDWALK AT ST.
FRANCIS MANOR
Frank Zorc gave a brief description of the St. Francis Manor community and asked
for the Board's assistance with funds to complete a boardwalk around their pond to provide safe
and healthy walking conditions for residents. Mr. Zorc responded to questions from the Board
regarding approaching the City for assistance.
corporation.
Commissioner O'Bryan thought this was a worthwhile cause for this non-profit
On Motion by Commissioner O'Bryan, SECONDED by
Commissioner Vice Chairman Davis, the Board
unanimously approved for the County to contribute funds
not to exceed $20,000.00 towards completion of the
boardwalk, contingent upon the City matching said funds.
9.C. PUBLIC NOTICE ITEMS - NONE
10. COUNTY ADMINISTRATOR MATTERS - NONE
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1. STAFF REQUEST FOR A UTHORIZATION TO PROCEED WITH HABITAT
RESTORATION ON THE LOST TREE ISLANDS AS (PARTIAL)
MITIGATION FOR THE SPOONBILL MARSH UTILITIES PROJECT AND
27
December 18, 2007
11.B.
11.C.
11.D.
11.E.
11.F.
REQUEST FOR A UTHORIZATION TO PROCEED WITH OTHER
RESTORATION AND PLANNINGA CTIVITIES ASSOCIATED WITHA U.S.
FISH AND WILDLIFE SERVICE COST -SHARE GRANT CONSISTENT
WITH THE LOST TREE ISLANDS MANAGEMENT PLAN
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and authorized staff to amend the continuing services
agreement with Ecotech to implement the Spoonbill Marsh
mitigation project on the Lost Tree Islands, and to provide
services relating to implementation of the FWS grants
described in the report, as recommended in the
memorandum of December 11, 2007. Staff will bring the
amended agreement (with cost) back to the Board for final
approval.
EMERGENCY SERVICES - NONE
GENERAL SERVICES - NONE
HUMAN RESOURCES - NONE
HUMAN SERVICES - NONE
LEISURE SERVICES - NONE
28
December 18, 2007
11.G.
11.H.
OFFICE OF MANAGEMENT AND BUDGET - NONE
RECREATION - NONE
PUBLIC WORKS - NONE
11.J. UTILITIES SERVICES
I. AMENDMENT NO. 2 TO WORK ORDER No. 2 TO PBS&J - ADDITION
OF THREE WELLS AT NORTH COUNTYR. O. PLANT TO HELP
REDUCE IMPACTS TO LOCAL WELLFIELDS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 2 to Work Order No. 2 with Post Buckley,
Schuh & Jernigan, Inc., for an amount not to exceed
$157,850.00, and authorized the Chairman to execute said
amendment, as recommended in the memorandum of
December 5, 2007.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.2. APPROVAL OF CHANGE ORDER No. I TO BID No. 2007025 FOR
RELOCATION OF AN EXISTING 2O INCH VALVE ON THE FORCE
MAIN AT THE MASTER IN-LINE PUMP STATION AT THE SOUTH
COUNTYR.O. PLANT, INSTALL A TELEMETRY TOWER AND UPSIZE
INSTRUMENTATION SAMPLE VALVES — UCP 2628
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved:
29
December 18, 2007
(1) the addition of $12,226.27 to the project, as well as,
ninety (90) additional days for completion; (2) approved
Change Order No. 1; and (3) authorized the Chairman to
execute said Change Order, as recommended in the
memorandum of December 4, 2007.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.3. VERO LAKE ESTATES 12" WATER MAIN — UCP 2958, CHANGE
ORDER No. 1 TO IRC CONTRACT 2008015 WITH SHELTRA AND
SONS CONSTRUCTION COMPANY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 1 to Sheltra and Son Construction Co.,
Inc., in the total amount of $103,248.00, and authorized the
Chairman to execute said Change Order, as recommended
in the memorandum of December 7, 2007.
11.J.4. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC
BID #2008019, FURNISH AND INSTALL TWO (2) BULK SODIUM
HYPOCHLORITE STORAGE TANKS, UTILITIES DEPARTMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
30
December 18, 2007
the Bid Award to the second low bidder, Odyssey
Manufacturing Co., as the lowest most responsive and
responsible bidder meeting the specifications as set forth in
the Invitation to Bid. The Board also approved the Sample
Agreement and authorized the Chairman to execute same,
when required performance and payment bonds have been
submitted along with appropriate certificate of insurance
and the County Attorney has approved the agreement as to
form and legal sufficiency, as recommended in the
memorandum of December 11, 2007.
12. COUNTY ATTORNEY MATTERS - NONE
13. COMMISSIONERS' ITEMS
A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN - NONE
B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN
1. VERO LAKE ESTATES GREEN PARK
Vice Chairman Davis was approached by residents of Vero Lake Estates and by
County staff with the idea of creating a "green park" on a l0 -acre parcel of land at 98th Avenue
between 78th and 79th Streets. He sought the Board's approval to direct the County Attorney's
Office to review the issues involved in this request and to return to the Board with its findings.
31
December 18, 2007
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously directed
staff to review the feasibility of a "green park" on a l0 -acre
parcel of land situated at 98th Avenue between 78th and 79th
Streets, as requested in the memorandum of December 12,
2007.
C. COMMISSIONER JOSEPH E. FLESCHER
D. COMMISSIONER PETER D. O'BRYAN - NONE
E. COMMISSIONER GARY C. WHEELER - NONE
1. ADDITION: CHAIRMAN'S ASSISTANT
Commissioner Wheeler reminded the Board of past actions pertaining to
Commissioners' Personal Aides and the added responsibility of the Chairman's Assistant acting as
Office Coordinator with the offer of a 5% increase in salary to take on the additional
responsibilities. Commissioner Wheeler desired to include in those guidelines a 30-45 day
transition period when the current Chairman's Assistant would assume those duties.
Human Resources Director Jim Sexton confirmed that there was a 5% stipend given
to the Chairman's Assistant for additional responsibilities. With the onset of a new Chairman's
assistant, the 5% stipend was removed from the former Chairman's Assistant and given to the new
Chairman's Assistant.
Commissioner Wheeler MOTIONED for a 45 -days
transition period and Chairman Bowden objected, as she
32
December 18, 2007
believed 45 days were too much.
Discussion ensued among Board members regarding how much transition time was
needed for the Chairman's Assistant and whether to handle this on a year -by -year basis.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, for the transition
pay period to end today. The Chairman CALLED THE
QUESTION and the Motion carried unanimously.
14. SPECIAL DISTRICTS AND BOARDS
The Chairman announced that immediately upon adjournment of the regular
meeting of the Board of County Commissioners, the Board would reconvene as the Board of
Commissioners of the Emergency Services District. Those Minutes are being prepared separately
and are appended to this document.
A. EMERGENCY SERVICES DISTRICT
1. EMERGENCY SERVICES STATION 2, DEDUCTIVE CHANGE ORDERS
Nos. 2 AND 3
14.A.2. APPROVAL TO PURCHASE Two (2) REPLACEMENT FIRE ENGINES
FROM TEN -8 FIRE EQUIPMENT, INC.
B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency
Services District Board Meeting, the Board would reconvene as the Board of Commissioners of
the Solid Waste Disposal District. Those Minutes are being prepared separately and are appended
33
December 18, 2007
to this document.
I. AMENDMENT NO. 1 TO WORK ORDER No. II TO GEOSYNTEC
CONSULTANTS FOR THIRD PARTY VERIFICATION SERVICES
RELATED TO LANDFILL METHANE GREENHOUSE GAS REDUCTION
CREDITS
C. ENVIRONMENTAL CONTROL BOARD - NONE
15. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 4:06 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Sandra L. Bowden, Chairman
Minutes Approved:
BCC/AA/2007 Minutes
December 18, 2007
34