HomeMy WebLinkAbout03/04/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
MARCH 4, 2008
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........................................2
S.A. PRESENTATION OF PROCLAMATION RECOGNIZING MARCH 2008 AS AMERICAN
RED CROSS MONTH
....2
5.B. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 6, 2008 AS PARENTS
AND CHILDREN'SDAYININDIANRIVER COUNTY.......................................................2
5.C. PRESENTATIONANNOUNCING CITY OF FELLSMERE 97m BIRTHDAY
CELEBRATION- FELLSMERE DAYAPRIL 5, 2008
....2
6. APPROVAL OF MINUTES.........................................................................3
6A. JOINT PUBLIC SCHOOL CONCURRENCY WORKSHOP - JANUARY 31, 2008 ................. 3
6B. REGULAR MEETING OF FEBRUARY 5, 2008..................................................................3
7. CONSENT AGENDA.....................................................................................3
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March 4, 2008
7A. REPORTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD: ............................ 4
7A.1. NOTICE OF CONVICTIONS REPORT- JANUARY2008................................................ 4
7A.2. FELLSMERE WATER CONTROL DISTRICT MEETING SCHEDULE FOR FISCAL
YEAR2008.....................................................................................................................4
7.B.
APPROVAL OF WARRANTS - FEBRUARY 8 - FEBRUARY 14, 2008 ...............................4
7. C
APPROVAL OF WARRANTS -FEBRUARY 15 - FEBRUARY 21, 2008 .............................4
7.D.
2008 ELECTION OFLAND ACQUISITIONADVISORY COMMITTEE (LAAO)
CHAIRMANAND VICE CHAIRMAN................................................................................5
7.E.
APPOINTMENT TO THE ECONOMICDEVELOPMENT COUNCIL (EDC) ........................ 5
7F.
PROPERTYACQUISITION- TAX ROLL REMOVAL & TAX CANCELLATION..................5
7 G.
RESOLUTIONALLOWING THE REPRESENTATIVE FROM WORK FORCE
DEVELOPMENT BOARD TO SERVE ON THE ECONOMIC DEVELOPMENT COUNCIL
WITHOUT RESIDING ININDIANRIVER COUNTY.......................................................... 7
7.H. STATE LOBBYISTAGREEMENTRENEWAL....................................................................8
7.L OUT OF COUNTYTRAVEL FOR THE COUNTYADMINISTRATOR TOATTEND
LOCAL GOVERNMENT FINANCE AND TAX SEMINAR ................................................... 8
7J. RIGHT-OF-WAYACQUISITION 7625 85TH STREET (WEST OF 75TH COURT ON THE
SOUTHSIDE OF CR510) REDLANDS CHRISTIANMIGRANTASSOCL4TION, INC . ........ 9
7K. FINAL RELEASE OFRETAINAGE, AMERICANACQUISITION GROUP, LLC,
INVOICE No. 7, FINAL INVOICE, WORK ORDER#4...................................................... 9
U. A UTHORIZATION TO DESIGNATE ENVIRONMENTAL SYSTEMS RESEARCH
INSTITUDE, INC. (ESRI) ASA SOLE SOURCE PROVIDER FOR ESRFS GIS AND
MAPPINGSOFTWARE..................................................................................................10
7M. PROCLAMATIONHONORING PARAMEDIC JOSEPH WILSON ON HIS RETIREMENT
FROMINDMNRIVER COUNTYFIRERESCUE.............................................................10
7N. WORK ORDER NO. 13 (ENGINEERING/SURVEY, MASTELLER, MOLER, REED &
TAYLOR, INC., INDL4NRTVER DRIVE PHASE TWO, RIGHT-OF-WAYMAPPING
PROJECT......................................................................................................................10
7.0. WORK ORDER No. 10 FINAL PAYAND RELEASE OFRETAINAGE, MASTELLER,
MOLER, REED & TAYLOR, INC., INDIANRIVER DRIVE PHASE I, RIGHT-OF-WAY
MAPPINGPROJECT.....................................................................................................11
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7P. RIGHT-OF-WAYACQUISITION, L UCIEN CLARK, 60 OLD DIXIE Hwy, VERO
BEACH.........................................................................................................................11
7.Q. 277H DRIVE NORTH OF 4TH STREET SUBDIVISION WATER ASSESSMENT
PROJECT, UCP No. 2906 APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND
RELEASE OF RETAINAGE, W.LP. No. 473-169000-07523 BID NUMBER
2007083 .......................................................................................................................12
7R. RENEWAL OF CONTINUING CONTRACTAGREEMENTS FOR PROFESSIONAL
SERVICES FOR CERTAINPROFESSIONAL CONSULTANTS..........................................12
7S. APPROVAL oFAPPLICATIONNO. 2 -FINAL FOR UTILITIESLABOR
CONTRACTOR UNDERGROUND UTILITIES, INC. FOR CONSTRUCTION OFA
WATER MAINAND FIRE HYDRANT AT THE PELICANISLAND ELEMENTARY
ScxooL— UCP 3008..................................................................................................13
7.T. APPROVAL OF BID AWARD FOR IRC BID NO.2008030, ANNUAL BID FOR
UTILITYOPERATIONS WAREHOUSESTOCK, UTILITIESDEPARTMENT/UTILITIES
OPERATIONS CENTER.................................................................................................13
7U, APPROVAL OF BID A WARD FOR IRC BID #2008035, DEMOLITION OF TWO (2)
CONDEMNED STRUCTURES, BUILDINGDIVISION......................................................14
7. V. ECOLOGICAL ASSOCL4TES, INC., CONTRACT AMENDMENT NO.4 ............................14
7. W. RELEASE OFRETAINAGE FOR WORK ORDER NO. I WITHMALCOLMPIRNIE FOR
THE MAINRELIEF CANAL..........................................................................................15
7x MISCELLANEOUSBUDGETAMENDMENT 007...........................................................15
7Y VETERANS COUNCIL oFINDIANRIVER COUNTY, INC., ANNUAL FINANCL4L
AUDIT..........................................................................................................................15
7.Z. RECIPROCAL EASEMENTAGREEMENT BETWEENSCHOOL BOARD OFINDIAN
RIVER COUNTYAND INDIANRIVER COUNTY FOR 57TH STREET RIGHT-oF-WAY,
MIDDLESCHOOL"BB"..............................................................................................16
7. AA. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66THAVENUE FROM SOUTH OF SR 60 To
59TH STREET AMENDMENT NO.4...............................................................................17
7.BB. WORK ORDER No. 1(ENGINEERING/SURVEYING), KIMLEYHORN &
ASSOCL4TES, INC. FINAL PAYAND RELEASE oFRETAINAGE, INDIANRIVER
BLVD. PROPOSEDSIDEWALKTOPOGRAPHICSURVEY,IRCPROJECTNO. $746
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0745 CONTINUINGPROFESSIONAL SURVEYING & MAPPINGIGISSERVICES
CONTRACT0725..........................................................................................................17
7 CC. AS B UILT RESOL UTIONAND ASSESSMENT ROLL FOR PAVING AND DRAINAGE
IMPROVEMENTS TO 31ST AND 32" AVENUE SW FROM I OTH STREET SW TO 13TH
STREET SWIN GROVENOR ESTATES SID, IRCPROJECT #0420 ..............................18
7.DD.2008 ELECTION OF MPO TECHNICAL ADVISORY COMMITTEE (MPOTAQ
CHAIRMANAND VICE CHAIRMAN..............................................................................18
7 EE. 2008 ELECTION OF ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA)
CHAIRMANAND VICE CHAIRMAN..............................................................................19
7FF. KASHI CHURCHFOUNDATION'S REQUEST FOR FINAL PLATAPPROVAL FORA
SUBDIVISION TO BE KNOWNAS VILLAGE OFKASHI P.D.- PHASE I ...........................19
7 GG.MACHo PRODUCTS, INC.'S REQUEST FOR FINAL PLAT APPROVAL FORA
PLAT-OVER-SITE-PLANSUBDIVISION TO BE KNOWNAS MACHO DISTRIBUTION
CENTER 19
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE.....................................................................................19
9. PUBLIC ITEMS............................................................................................20
9.A. PUBLICHEARINGS......................................................................................................20
9.A.1. BOARD CONSIDERATION TO APPROVE PURCHASE OF THE "JONES'S PIER"
SITE UNDER THE COUNTYENVIRONMENTAL LANDS PROGRAM
(ADMINISTRATIVE) ...................................................................................................... 20
9.A.2. WINTER GROVE SUBDIVISIONPETITION WATER SERVICE, 28THAND29TH
COURTS AND 70TH PLACE, NORTH OF NORTH WINTER BEACH ROAD - 69TH
STREET, INDIANRIVER COUNTYPROJECT NO. UCP 3013, PRELIMINARY
ASSESSMENT - RESOL uTIONIII (ADMINISTRATIVE) ...............................................25
9.B. PUBLIC DISCUSsIONITEMS - NONE...........................................................................25
9.C. PUBLIC NOTICE ITEMS...............................................................................................26
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9.Cl. NOTICE of SCHEDULED PUBLIC HEARING ONMARCH II, 2005: ORDINANCE
AMENDING CODE SECTION 102.04 "ORDER OF BUSINESS" TO ADD
"INFORMATIONAL ITEMS" TO THE BOARD'S AGENDA (LEGISLATIVE)....................26
9. C 2. NOTICE OFSCHEDULED PUBLIC WORKSHOP ONMARCH 13,2008:
INVITATION FROM SCHOOL BOARD TO ATTEND A JOINT WORKSHOP TO
DISCUSS ITEMS OF MUTUAL INTEREST (ADMINISTRATIVE....................................26
9.C3. NOTICE OFEXECUTIVE SESSION ONMARCH II, 2005: THE COUNTY
ADMINISTRATOR WILL SCHEDULEANEXECUTIVE SESSIONMEETING WITH THE
BOARD OF COUNTY COMMISSIONERS TO DISCUSS IAFF UNIONNEGOTIATIONS
ATA TIME TO BE ANNOUNCED....................................................................................26
10. COUNTY ADMINISTRATOR'S MATTERS DEPARTMENTAL
MATTERS.....................................................................................................26
10.A. RENEWAL oFEMPLOYMENTAGREEMENT.................................................................26
11. DEPARTMENTAL MATTERS.................................................................28
H.A. COMMUNITYDEVELOPMENT - NONE.........................................................................25
II.B. EMERGENCYSERVICES-NONE..................................................................................25
II. C. GENERAL SER VICES - NONE.......................................................................................25
II.D. HUMANRESOURCES...................................................................................................25
II.D.I. INDIANRIVER COUNTYPRESCRIPTIONDISCOUNT CARD PROGRAM...................28
H.E. HUMANSERVICES -NONE ..........................................................................................25
1I. F. LEISURE SER VICES - NONE.........................................................................................
25
I I. G. OFFICE OF MANAGEMENT AND BUDGET- NONE ......................................................
29
ILKRECREATION - NONE...................................................................................................29
ILL PUBLIC WORKS - NONE...............................................................................................29
II..% UTILITIES SERVICES...................................................................................................29
II.J I. SCHUMANNDR. EAST OFKILDARE DRIVE UTILITY CANAL CROSSINGS
REPLACEMENT PROJECT IN SEBASTIAN, UCP No. 3045 ..........................................29
II.J.2. CONSULTING SERVICES WORK ORDER No. 17AMENDMENT 1 WITH
KIMLEY-HORN FOR PERMITTING, DESIGNAND CONSTRUCTIONSERVICES FOR
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March 4, 2008
12. COUNTY ATTORNEY MATTERS.........................................................30
12.A. NECESSITY OF TAKE RESOLUTION FOR PARCELS OF PROPERTYLOCATED AT
THE SOUTHWEST CORNER OF STATE ROAD 60 AND 66THAVENUE ...........................30
13. COMMISSIONER ITEMS.........................................................................31
B.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN- NONE.......................................31
B.B. COMMISSIONER WESLEYS DA VIS, VICE CHAIRMAN...............................................32
B.B.I. PROPOSAL -LEASE OFBARNSAND GROUNDS AT THEHALLSTROM
FARMSTEAD................................................................................................................. 32
13. C COMMISSIONER JOSEPH E. FLESCHER - NONE ......................................................... 32
B.D. COMMISSIONER PETER D. 0 BRYAN.........................................................................32
B.D.I. BOARD OF COUNTY COMMISSIONER MEETINGS...................................................32
13.D.2. ADDITION TO MARCH 4, 2008 BCCAGENDA........................................................33
13.E. COMMISSIONER GARY C. WHEELER - NONE............................................................. 34
14.A. EMERGENCYSERVICES DISTRICT - NONE.................................................................34
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE...............................................................34
14. C ENVIRONMENTAL CONTROL BOARD - NONE............................................................. 34
15. ADJOURNMENT.........................................................................................35
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March 4, 2008
March 4, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 180127 th Street, Vero Beach, Florida, on
Tuesday, March 4, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley S.
Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Father Tri Tang Pham, St. Helen Catholic Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney William Collins led the Pledge of Allegiance to the Flag.
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March 4, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Addition: Item 13.D.2. — Commissioner O'Bryan requested the County Attorney to
draft a Resolution opposing Senate Bill 2406, relating to aggregate mining.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Wheeler, the Board unanimously made the
above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION RECOGNIZING MARCH 2008 AS
AMERICANRED CROSSMONTH
Commissioner O'Bryan read and presented the Proclamation to Executive Officer
Sara Ruwe.
S.B. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL (. 2008 AS
PARENTS AND CHILDREN'S DAYININDIANRIVER COUNTY
Vice Chairman Davis read and presented the Proclamation to Executive Director
Nancy Kline of the Early Learning Coalition.
S.C. PRESENTATIONANNOUNCINGCITYOFFELLSMERE97THBIRTHDAY
CELEBRATION— FELLSMERE DAYAPRIL S, 2008
Chairperson for the Fellsmere Beautification Committee, Polly Coe, announced the
celebration and the events that will take place on April 5, 2008.
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March 4, 2008
6. APPROVAL OF MINUTES
O.A. JOINT PUBLIC SCHOOL CONCURRENCY WORKSHOP —JANUARY 31.
2008
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Joint Public School Concurrency Workshop of January 31, 2008. There were none.
ON MOTION by Commissioner Flescher, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Minutes of the Joint Public School Concurrency Workshop
of January 31, 2008, as written and distributed.
6.B. REGULAR MEETING OF FEBRUARY S. 2008
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of February 5, 2008. There were none.
ON MOTION by Commissioner Flescher, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Minutes of the Regular Meeting of February 5, 2008, as
written and distributed.
7. CONSENT AGENDA
Commissioner O'Bryan requested Items 7.K., 7.T. and 7. Y. be pulled for
discussion.
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7.A. REPORTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD:
7.A.1. NOTICE OF CONVICTIONS REPORT —JANUARY 2008
7.A.2. FELLSMERE WATER CONTROL DISTRICT MEETING SCHEDULE
FOR FISCAL YEAR 2008
NO BOARD ACTION REQUIRED OR TAKEN
7.B. APPROVAL OF WARRANTS —FEBRUARY 8 —FEBRUARY 14.2008
ON MOTION by Vice Chairman Davis, 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 February 8, 2008 to February 14, 2008,
as recommended in the memorandum of February 14, 2008.
7.C. APPROVAL OF WARRANTS —FEBRUARY 15 —FEBRUARY 21. 2008
ON MOTION by Vice Chairman Davis, 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 February 15, 2008 to February 21, 2008,
as recommended in the memorandum of February 21, 2008.
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March 4, 2008
7.D. 2008 ELECTION OF LAND ACOUISITIONADVISORY COMMITTEE
(LAAO) CHAIRMAN AND VICE CHAIRMAN
The Board acknowledged the re-election of Dr. Richard H. Baker as Chairman and
Adam Bolinger as Vice Chairman of the Land Acquisition Advisory Committee for the year 2008.
7.E. APPOINTMENT TO THE ECONOMICDEVELOPMENT COUNCIL (EDC)
The Board noted for the record the appointments from the Town of Orchid, Town
Manager Deb C. Branwell as its representative, and Vice Mayor Sue Joyce as her Alternate, to the
Economic Development Council (EDC), with both terms expiring in 2010.
7.F. PROPERTYACOUISITION— TAXROLL REMOVAL & TAX CANCELLATION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-032, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(66th Avenue — Richard and Maryann Rentschler)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-018, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(53rd Street Extension — Waterland Operating Company)
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March 4, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-019, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(CR -510 — Tammy Vogel)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-020, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(45th Street at US #1 — Donn Waltrip)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-021, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(CR -510 and US #1 — Sarah E. Fender)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-022, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(74th Avenue — Samuel A. Block Trustee)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-023, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
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March 4, 2008
(70th Avenue — Cathy Sue Woolsey)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-024, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(70th Avenue — Harry Jones and Pauline Jones)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-025, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Oslo Road and 43rd Avenue — Oslo Venture)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-026, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(16th Street, east of US #1 — Thomas R. Nason and Diane
W. Nason)
7.G. RESOL UTIONALLOWING THE REPRESENTATIVE FROM WORK FORCE
DEVELOPMENT BOARD TO SERVE ON THE ECONOMICDEVELOPMENT
COUNCIL WITHOUT RESIDING IN INDIAN RIVER COUNTY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
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March 4, 2008
Resolution 2008-027, providing for the Work Force
Development Board member to serve on the Economic
Development Council without having to reside in the
County.
7.K STATE LOBBYIST AGREEMENT RENEWAL
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Professional Services Agreement with Lobbyist Ronald
L. Book, and authorized the Chairman to sign same, as
recommended in the memorandum of February 18, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
U OUT OF COUNTY TRAVEL FOR THE COUNTYADMINISTRATOR TO
ATTEND LOCAL GOVERNMENT FINANCE AND TAX SEMINAR
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
out of County travel for the County Administrator to attend
the 2008 Local Government Finance and Tax Seminar in
Orlando, Florida, on March 27th and 28th, 2008, as
recommended in the memorandum of February 25, 2008.
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March 4, 2008
7.,% RIGHT-OF-WAYACOUISITION 7625 85TH STREET (WEST OF %STH
COURT ON THE SOUTHSIDE OF CR510) REDLANDS CHRISTIAN
MIGRANT ASSOCIATION, INC.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Option 1, the purchase of the needed right-of-way at a price
of $3,780.00, and authorized the Chairman to execute the
Purchase and Sale Agreement, as recommended in the
memorandum of February 11, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.K FINAL RELEASE OF RETAINAGE. AMERICANACOUISITION GROUP.
LL C. INVOICE NO. 7, FINAL INVOICE, WORK ORDER #4
Commissioner O'Bryan voiced concern that American Acquisition Group, LLC,
(AAG) had not fulfilled their contract obligations.
Public Works Director Jim Davis explained that the engineering design had not been
far enough along for AAG to have been able to complete the right-of-way acquisition.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the final Release of Retainage in the amount of $5,527.58,
as recommended in the memorandum of February 18, 2008.
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March 4, 2008
7.L. AUTHORIZATION TO DESIGNATE ENVIRONMENTAL SYSTEMS
RESEARCHINSTITUDE, INC. (ESRI) ASA SOLE SOURCE PROVIDER FOR
ESRPS GIS AND MAPPING SOFTWARE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
that ESRI, Inc. be designated as the sole source provider for
ESRI software and maintenance agreements for their
software and waive the standard bid procedures authorizing
the County Administrator to approve the issuance of
necessary purchase orders to ESRI, Inc., as recommended
in the memorandum of February 20, 2008.
7.M. PROCLAMATION HONORING PARAMEDIC JOSEPH WILSON ON HIS
RETIREMENTFROMINDIANRIVER COUNTYFIRERESCUE
The Board noted the Proclamation for the Record.
7.N. WORK ORDER NO. 13 (ENGINEERING/SURVEY), MASTELLER, MOLER,
REED & TAYLOR. INC., INDIAN RIVER DRIVE PHASE TWO.
RIGHT-OF-WAYMAPPING PROJECT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Invoice No. 2363-6174, dated February 5, 2008
for final payment and release of retainage in the total
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March 4, 2008
amount of $5,179.40 for Work Order No. 13, as
recommended in the memorandum of February 20, 2008.
7.0. WORK ORDER No. 10 FINAL PAYAND RELEASE OF RETAINAGE,
MASTELLER, MOLER, REED & TAYLOR, INC., INDIANRIVER DRIVE
PHASE I, RIGHT-OF-WAYMAPPING PROJECT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Invoice No. 2026-6165, dated February 5, 2008
for final payment and release of retainage in the total
amount of $5,782.60 for Work Order No. 10, as
recommended in the memorandum of February 20, 2008.
7.P. RIGHT-OF-WAYACOUISITION, LUCIEN CLARK, 60 OLD DIXIE HWY,
VERO BEACH
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, approving the $4,570.00 purchase, and
authorized the Chairman to execute the Agreement, as
recommended in the memorandum of February 21, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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March 4, 2008
7.0. 27TH DRIVE NORTH OF 4TH STREET SUBDIVISION WATER ASSESSMENT
PROJECT, UCP No. 2906 APPROVAL OF FINAL PAYMENT TO
CONTRACTOR AND RELEASE OFRETAINAGE, W.LP. No.
473-169000-07523 BID NUMBER 2007083
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the total project construction cost of $32,039.60, and
approved Application for Payment No. 2 — Final, as final
payment to the Contractor, Tim Rose Contracting, Inc., in
the amount of $5,260.46, as recommended in the
memorandum of February 13, 2008.
7.R. RENEWAL OF CONTINUING CONTRACT AGREEMENTS FOR
PROFESSIONAL SERVICES FOR CERTAINPROFESSIONAL CONSULTANTS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously authorized
the renewal of the Continuing Contract Agreements with
Hydromentia, Inc.; Malcolm Pirnie, Inc.; G. K.
Environmental, Inc.; Peninsula Hydrologic Data
Specialists, Inc.; and Carter Associates, Inc., for another
three-year period, ending March 15, 2011. The Board also
authorized the Chairman to execute said agreements, as
recommended in the memorandum of February 15, 2008.
AMENDMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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March 4, 2008
7.S. APPROVAL OFAPPLICATIONNO. 2 — FINAL FOR UTILITIES LABOR
CONTRACTOR UNDERGROUND UTILITIES, INC. FOR CONSTRUCTION OF
A WATER MAINAND FIRE HYDRANT AT THE PELICANISLAND
ELEMENTARYSCHOOL — UCP 3008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the total project amount of $12,539.80, and authorized the
payment of Application No. 2 — Final to Underground
Utilities, Inc. for $626.99, as recommended in the
memorandum of February 22, 2008.
7. T. APPROVAL OF BID A WARD FOR IRC BID NO. 2008030, ANNUAL BID
FOR UTILITY OPERATIONS WAREHOUSE STOCK, UTILITIES
DEPARTMENTIUTILITIES OPERATIONS CENTER
Commissioner O'Bryan wanted to know if there was an inventory control system in
place, to which Utilities Director Erik Olson replied that there was, and he explained how the audit
system worked.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the bid be awarded to HD Supply Waterworks, LTD, 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 February 25, 2008.
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March 4, 2008
7.U. APPROVAL OF BID AWARD FOR IRC BID # 2008035. DEMOLITION OF
TWO (2) CONDEMNED STRUCTURES. BUILDING DIVISION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the bid be awarded to Fischer & Sons, 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 February 25, 2008.
The two lowest overall bids, submitted by Samsula Waste
and Freedom Waste, have been determined to be
non-responsive by the Building Department, neither are
currently licensed for this activity in Indian River County.
7.V. ECOLOGICAL ASSOCIATES. INC.. CONTRACT AMENDMENT NO. 4
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Contract Amendment No. 4 to the Agreement with
Ecological Associates, Inc., as recommended in the
memorandum of February 20, 2008. NFWF Grant
Agreement 2006-0114-005 provides 100% funding on a
cost reimbursement basis,
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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March 4, 2008
7.W. RELEASE OF RETAINAGE FOR WORK ORDER NO. 1 WITH MALCOLM
PIRNIE FOR THE MAIN RELIEF CANAL
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously authorized
payment of Malcolm Pirnie's final invoice for release of
retainage in the amount of $989.51, as recommended in the
memorandum of February 25, 2008.
7X. MISCELLANEOUSBUDGETAMENDMENT OO7
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-028, amending the fiscal year 2007-2008
Budget.
7.Y. VETERANS COUNCIL OF INDIAN RIVER COUNTY, INC.. ANNUAL
FINANCIAL A UDIT
Commissioner O'Bryan wanted to ensure that the audit would not impact the
Veterans Council from supplying any services to the Veterans. Administrator Baird explained the
procedures saying that any agency receiving $25,000.00 or more in funding was required to have
an annual audit completed and submitted to the County within 120 days of their fiscal year. He
further clarified that staff does not have the ability to make exceptions, only the Board does.
John Matthews, past President of the Veterans Council, disclosed that he had
worked as the Chairman of the Audit Committee this past year. He provided the processes and
15
March 4, 2008
details of the Audit Committee, and confirmed that if this extension were granted, the audit would
be completed by April 1, 2008. He also requested the Board to authorize the release of the
budgeted funds necessary to pay the van drivers who transport veterans back and forth to the West
Palm Beach Veterans Administration Facility.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, the Veterans Council's request for an
extension of their annual independent financial audit until
April 1, 2008 and payment for any legally reimbursable
expense submitted by the Veterans Council.
7.Z. RECIPROCAL EASEMENTAGREEMENTBETWEENSCHOOL BOARD OF
INDIAN RIVER COUNTYAND INDIAN RIVER COUNTY FOR 57TH STREET
RIGHT-OF-WAY, MIDDLE SCHOOL "BB"
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Reciprocal Easement Agreement between School
Board of Indian River County and Indian River County,
and authorized the Chairman to execute same, as
recommended in the memorandum of February 26, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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March 4, 2008
7.AA. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66TH A VENUE FROM SOUTH OF
SR 60 TO 59TH STREET AMENDMENT NO.4
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 4, to the Agreement between Arcadis
G & M, Inc. and Indian River County, as recommended in
the memorandum of February 22, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7. BB. WORK ORDER NO. 1 (ENGINEERING/SURVEYING). KIMLEY HORN &
ASSOCIATES. ING FINAL PAYAND RELEASE OF RETAINAGE. INDIAN
RIVER BLVD. PROPOSED SIDEWALK TOPOGRAPHICSURVEY, IRC
PROJECT NO. 0-746 0745 CONTINUING PROFESSIONAL SURVEYING &
MAPPING/GIS SERVICES CONTRACT 0725
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Invoice No. 3328791, dated January 31, 2008
for final payment and release of retainage in the total
amount of $7,219.88 for Work Order No. 1, to be funded as
specified and as recommended in the memorandum of
February 21, 2008.
17
March 4, 2008
7. CC AS -BUILT RESOL UTIONAND ASSESSMENT ROLL FOR PAVING AND
DRAINAGE IMPROVEMENTS TO 31 ST AND 32ND AVENUE SW FROM 10TH
STREET SW TO 13TH STREET SW IN GROVENOR ESTATES SID. IRC
PROJECT #0420
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-029, certifying "as built" costs for certain
paving and drainage improvements to 31St and 32nd Avenue
SW from 10th Street SW to 13th Street SW, designated as
Project No. 0420, and other construction necessitated by
such project; providing for formal completion date, and
date for payment without penalty and interest.
7.DD. 2008 ELECTION OFMPO TECHNICAL ADVISORY COMMITTEE
(MPOTAC) CHAIRMANAND VICE CHAIRMAN
The Board noted the election of Jason Nunemaker as Chairman, and Chris Mora as
Vice Chairman, of the Metropolitan Planning Organization's Technical Advisory Committee
(MPOTAC) for the year 2008.
18
March 4, 2008
7.EE. 2008 ELECTION OF ENTERPRISE ZONE DEVELOPMENT AGENCY
(EZDA) CHAIRMANAND VICE CHAIRMAN
The Board noted the re-election of Karl Zimmerman as Chairman and Gwenda
Thompson as Vice Chairman of the Enterprise Zone Development Agency for the year 2008.
7.FF. KASHI CHURCHFOUNDATION'SREOUEST FOR FINAL PLATAPPROVAL
FOR A SUBDIVISION TO BE KNOWNAS VILLAGE OF KASHI P.D.- PHASE I
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously granted
final plat approval for Village of Kashi P.D. Phase 1, as
recommended in the memorandum of February 18, 2008.
7 GG. MACHO PRODUCTS, INC.'S REOVEST FOR FINAL PLATAPPROVAL FOR
A PLAT -OVER -SITE -PLAN SUBDIVISION TO BE KNOWNAS MACHO
DISTRIBUTION CENTER
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously granted
final plat approval for the Macho Products Distribution
Center Subdivision, as recommended in the memorandum
of February 26, 2008.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
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March 4, 2008
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.I. BOARD CONSIDERATION TO APPROVE PURCHASE OF THE ".IONEVS
PIER"SITE UNDER THE COUNTYENVIRONMENTAL LANDS PROGRAM
(ADMINISTRATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Chief of Environmental Planning Roland DeBlois displayed an aerial map and
pictures to show the details of the property and homestead. He recapped the backup memorandum
of February 26, 2008 and told of its historical significance. He reviewed the details of the
proposals and provided estimates of available funds.
Chief DeBlois expressed that Mr. Jones was willing to sell the entire 16-'/2 acres,
with the understanding that he be allowed to live on the property for the duration of his life. After
that, the homestead would be conserved as a visitor's center and museum. He also told how the
piers would offer opportunities for boaters to dock, fish, and visit the property.
Four appraisals were obtained in 2006, and staff was concerned that they were over
one year old. Chief DeBlois acknowledged that Florida Communities Trust (FCT) had reviewed
the appraisals and approved a maximum approved purchase price of $8,130,000.00. He provided
cost estimates for managing and developing the property, and announced that the Land
Acquisition Advisory Committee (LAAO) had voted 10 to 7 to support the purchase for
conservation purposes.
20
March 4, 2008
In response to Commissioner O'Bryan's query, Community Development Director
Robert Keating affirmed that the County has no prohibition against removing historic structures,
and he felt that it would be a challenge to develop the property as a separate tract.
The Chairman opened the public hearing.
Diane Bickhart, oldest niece of Mr. and Mrs. Jones, gave a brief history of the
homestead and told what it had meant to her and her family throughout the years. She reviewed
the acquisition costs for the property and asked that it be preserved as "a reminder of how things
used to be." She disclosed that if the County did not purchase the land for historic preservation, it
would go on the market for $10 to $12 million; however, her family preferred the land be
preserved as a part of Florida's history.
Nancy Beale urged the Board to purchase the Jones's property so future generations
could experience the joy of "this unique piece of history."
Gregory Garcia pointed out that the "entire" property is a historical site and had
been in one family for 119 years. He clarified that Mr. and Mrs. Jones did not want the property
divided. He described the wildlife and trees on the property and felt it was important to preserve
these for future generations.
Christine Flagler, neighbor, read the letter that she had written for the Press
Journal, and urged the Board to vote in support of the hammock restoration project.
Tom Hughes wanted the property to be protected for future generations.
21
March 4, 2008
Keith Thompson thought this was an important part of history and wanted the
Board to vote in favor of the land acquisition.
Bill Hagerty, neighbor, voiced concerns over increasing the river access, how it
would be accomplished, and the parking problems that would be associated with it. He wanted the
property left as it is.
Garrett Donlin, 1010 Morningside Drive, said his property abuts the Jones's
property. He wanted the property to be preserved because of its historical significance, and said it
reflects the "perfect mix of commercial fishing and farming," which is what the pioneers needed to
Richard Jones, owner of the property, gave an account of his life and property. He
said he wanted the property sold to the County so it would leave him a heritage, and he asked the
Board for their consideration.
Lenora Mustapick felt that purchasing the property would be a strategic move to
save a slice of "pioneer life."
Jens Tripson, 2525 14th Street, encouraged the County to purchase the property,
and suggested the eastern 14 acres of the property be kept as agriculture.
Ruth Stanbridge, 4835 66th Avenue, County Historian and former County
Commissioner, felt the property has been a valuable asset to the County. She said it took 15 years
to get the Jungle Trail on the National Historic Register but thought it would only take about two
months to get the Jones property on the register. She encouraged the Board to continue the legacy
for Indian River County citizens and the generations to follow.
22
March 4, 2008
There were no additional speakers and the Chairman closed the public hearing.
After a lengthy discussion, the Board agreed with the desire to preserve the
property's historical significance, but voiced concerns over maximizing public access, the use of
the property, overnight dockage, lack of a "current" appraisal, the cost associated with returning
the site back to its historical value, and whether the purchase would be in the best interest of the
County.
Commissioner O'Bryan stressed additional concern over the County's funds and the
tightening of tax dollars. He expressed a desire to only purchase the historical parcel, and said that
if that were not feasible, then the appraisal for $7 million should be considered.
Chairman Bowden expressed the need for a management plan, one that would meet
the needs of the current and future community, as well as one that the County could afford. She
wanted this item taken back to staff for renegotiation.
Matt Sexton announced that FCT saw this transaction as a priority, and made sure
the grant funds would be available. He disclosed that FCT did not require a new appraisal since
the contract had been signed within one year of the appraisal, and they were contributing $3.7
million. He told the Board that to get another appraisal would mean another extension.
Although the Chairman closed the public hearing she allowed Mr. Garcia to speak.
Gregory Garcia reiterated that Mr. Jones would not concede to separating the
properties, and wanted to know if the Board had issues with the appraisal or the money.
23
March 4, 2008
Clerk's Note: The Chairman called for a recess at 10:35 a.m. so Mr. Garcia could
consult with Mr. Jones. The Chairman reconvened the meeting at 10:52 a.m. with all members
present.
Commissioner O'Bryan admitted how difficult the choice had been but he said he
wanted to do the right thing with County tax dollars. He reviewed the appraisals and divulged that
the Property Appraiser had given him an early indication that the property's assessed values would
go down 5 to 10% for the next tax roll. He proposed that 5% be deducted for the current declining
housing market and offered to purchase the 16% acres for $6,750,000.00.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Davis, to enter into an
agreement to purchase the entire parcel for $6,750,000.00.
Under discussion, Commissioner O'Bryan emphasized the importance of moving
forward due to FCT's urgency with the appraisal; Vice Chairman Davis wanted to see more public
access and historical aspects in the management plan; and Commissioner Flescher wanted to see a
positive management plan.
Matt Sexton said that Mr. Jones had agreed to drop his price to $7 million. He
informed the Board that the management plan would include public access opportunities, and that
FCT was willing to work with staff.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board agreed to enter into an
agreement to purchase the entire Jones's Pier property for
$6,750,000.00.
24
March 4, 2008
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9.A.2. WINTER GROVE SUBDIVISIONPETITION WATER SERVICE. 28TH AND
29TH COURTS AND 70TH PLACE. NORTH OF NORTH WINTER BEACH
ROAD —69THSTREET.INDIANRIVER COUNTYPROJECTNO. UCP 3013.
PRELIMINARYASSESSMENT—RESOLUTIONIII (ADMINISTRATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Manager of Assessment Projects Dan Chastain reviewed his memorandum of
February 19, 2008, and told the Board that staff was ready to move forward.
The Chairman opened the public hearing, there were no speakers, and the Chairman
closed the public hearing.
ON MOTION by Commissioner Flescher, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2008-030, confirming the special assessments
in connection with water main expansion to Winter Grove
Subdivision (28th and 29th Courts and 70th Place, north of
69th Street) in Indian River County, Florida; and providing
for special assessment liens to be made of record.
9.B. PUBLICDISCUSSIONITEMS - NONE
25
March 4, 2008
9.0 PUBLIC NOTICE ITEMS
9.C]. NOTICE OF SCHEDULED PUBLIC HEARING ON MARCH 11, 2008:
ORDINANCE AMENDING CODE SECTION 102.04 "ORDER OF
BUSINESS" TO ADD "INFORMATIONAL ITEMS" TO THE BOARD'S
AGENDA (LEGISLATIVE)
9.C2. NOTICE OF SCHEDULED PUBLIC WORKSHOP ON MARCH 13, 2008:
INVITATION FROM SCHOOL BOARD TO ATTEND A .JOINT WORKSHOP TO
DISCUSS ITEMS OF MUTUAL INTEREST (ADMINISTRATIVE)
9.C.3. NOTICE OF EXECUTIVE SESSION ONMARCH Il. 2008: THE COUNTY
ADMINISTRATOR WILL SCHED ULE AN EXECUTIVE SESSION MEETING
WITH THE BOARD OF COUNTY COMMISSIONERS TO DISCUSS IAFF
UNION NEGO TIA TIONS AT A TIME TO BE ANNOUNCED
The Chairman read the notices into the record.
10. COUNTY ADMINISTRATOR'S MATTERS DEPARTMENTAL
MATTERS
10.A. RENEWAL OFEMPLOYMENTAGREEMENT
Administrator Joseph Baird outlined the two contract renewal options, as listed in
his memorandum of February 25, 2008.
Vice Chairman Davis sought clarification pertaining to the severance package.
26
March 4, 2008
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Davis, to approve Option
2, to renew the contract of County Administrator Joseph
Baird, for a three year period with no increase in salary, a
decreasing severance package each year of the agreement,
and cost of living adjustments only during year two and
three of the agreement.
Under discussion, Commissioner Wheeler indicated which items in the contract he
wanted to see removed or negotiated; Vice Chairman Davis voiced issues with the severance
package; Commissioner Flescher did not agree with the separation and maintenance aspects of the
contract; and Chairman Bowden felt the County was fortunate to have Administrator Baird.
Discussion ensued as to removing the separation clause, deleting the pager, and
whether to change the clause where the Administrator could resign if under pressure from one or
more County Commissioners, to three or more County Commissioners.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Vice Chairman Davis, to delete the word
"pager" from the contract.
The Chairman CALLED THE QUESTION and by a vote
of 3-2, (Commissioners Wheeler and Flescher opposed) the
Motion carried. The Board approved Option 2, renewing
the Employment Agreement for a three year period with no
increase in salary, a decreasing severance package each
year of the agreement, and cost of living adjustments only
27
March 4, 2008
during year two and three of the agreement; and to remove
"pager" from the contract.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11. DEPARTMENTAL MATTERS
H.A. COMMUNITYDEVELOPMENT - NONE
11. B. EMERGENCYSERVICES - NONE
11. C. GENERAL SERVICES- NONE
II.D. HUMANRESOURCES
II.D.I. INDIANRIVER COUNTYPRESCRIPTIONDISCOUNT CARD PROGRAM
Director of Human Resources James Sexton announced that the prescription
discount cards are available to Indian River County residents. He emphasized that it is not an
insurance plan, and it would not replace Medicare, Group D, Part D, or any other medical
insurance that covers prescriptions. He pointed out that the card is for the un -insured,
under -insured, or for prescription medications that are not covered by an insurance plan. He told
the Board that information pertaining to the discount card program would be added to the County's
website.
H.E. HUMAN SERVICES - NONE
II.F. LEISURE SERVICES - NONE
28
March 4, 2008
I1. G. OFFICE OF MANAGEMENT AND BUDGET- NONE
II.H. RECREATION -NONE
ILL PUBLIC WORKS - NONE
JIJ UTILITIES SERVICES
I I. J.1. SCHUMANN DR. EAST OF KILDARE DRIVE UTILITY CANAL CROSSINGS
REPLACEMENT PROJECT IN SEBASTIAN, UCP NO.3 045
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(a) the expenditure of funds for this project in the total
amount of $49,874.78, and (b) authorized the Chairman to
execute Work Authorization No. 2007-015 in the amount of
$37,081.20 to Underground Utilities, Inc., as recommended
in the memorandum of February 8, 2008.
WORK AUTHORIZATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
29
March 4, 2008
11..1.2. CONSULTING SERVICES WORK ORDER No. 17 AmENDmENT I WITH
KIMLEY--HORN FOR PERMITTING, DESIGN AND CONSTRUCTION
SERVICES FOR REPLACEMENT OF THE INSTALLATION OF A NEW
INLINE PUMP STATION AT 9OTR AVE. AND CR 510 - UCP 2669
ON MOTION by Commissioner Flescher, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Amendment 1 to Work Order No. 17 with Kimley-Horn in
the amount of $3,500.00 for additional work associated
with this project, and authorized the Chairman to execute
the same, as recommended in the memorandum of February
12, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY MATTERS
12.A. NECESSITY OF TAKE RESOLUTION FOR PARCELS OF PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF STATE ROAD 60 AND 66TH
AVENUE
Deputy County Attorney William DeBraal recapped the Backup memorandum
dated February 27, 2008. He requested that the Board pass the Resolution of Necessity which will
formally state that this property is needed by the County for improvements to 66th Avenue. He
said it would give the County authority to file an action in condemnation in eminent domain and
prosecute that action. He requested the Board make an unconditional offer of $1,500,000.00,
30
March 4, 2008
about 14% above the appraised value, which would be made in mitigation of attorney's fees in
eminent domain.
Attorney DeBraal responded to concerns over future expenses and he explained the
details of the appraisals.
County Attorney Collins further explained the details of going to court in eminent
domain as well as the specifics of the appraisals. He acknowledged that staff is trying to avoid
certain expenses of trial by making the best offer and keeping the cost down.
In response to Commissioner Wheeler's query, Attorney DeBraal affirmed that 7.39
acres would need to be purchased for the right-of-way, and he emphasized the reasons.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-031, declaring a reasonable necessity to
acquire certain real property for the purposes of improving
and reconstructing 66th Avenue, including side street,
intersection and water retention pond improvements;
authorizing the County Attorney to acquire the attached
properties by the institution of proceedings in eminent
domain, and providing an effective date.
13. COMMISSIONER ITEMS
B.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN- NONE
31
March 4, 2008
13.B. COMMISSIONER WESLEYS. DAMS, VICE CHAIRMAN
13.B.1. PROPOSAL — LEASE OF BARNS AND GROUNDS AT THE HALLSTROM
FARMSTEAD
Vice Chairman Davis reported that the Historical Society is prepared to make the
necessary improvements but could not do so without a lease from the County. He proposed that
the County Attorney's office draft a lease which would allow them to move forward.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and directed the County Attorney's Office to prepare a
lease with the Society of the original barns and the
surrounding grounds as outlined in the Proposal, and as
recommended in the memorandum of February 27, 2008.
13.C. COMMISSIONER JOSEPH E. FLESCHER -NONE
13. D. COMMISSIONER PETER D. 01BRYAN
13.D.1. BOARD OF COUNTY COMMISSIONER MEETINGS
Commissioner O'Bryan asked the Board to consider rescheduling the April 1, 2008
meeting to April 29, 2008. The request was due to so many people being away for Spring Break,
which is scheduled from March 31, 2008 through April 4, 2008.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved to
reschedule the Regular Board Meeting of Tuesday April 1,
2008 to Tuesday, April 29, 2008, as recommended in the
memorandum of February 25, 2008.
32
March 4, 2008
13.D.2. ADDITION To MARCH 4.2008 BCCAcENDA
Commissioner O'Bryan informed the Board that he had received an e-mail from
Bob Adair on February 29, 2008, (copy on file) which revealed that Senator Bennett had filed
Senate Bill 2406 relating to aggregate mining. He told how the bill prohibits local governments
from enacting or enforcing any ordinance, resolution, regulation, rule, policy, or other action that
prohibits or prevents the construction or operation of a limestone mine. He felt this would preempt
any local regulatory authority on mining applications, and requested the Board authorize the
County Attorney to draft a Resolution opposing this Bill, then bring it back to the Board for
discussion.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Bowden, the Board unanimously authorized the
County Attorney to draft a Resolution strongly opposing
Senate Bill 2406 related to aggregate mining, as
recommended in the memorandum of March 3, 2008.
Attorney Collins said the Senate Bill would preempt limestone mining but because
he did not think limestone is in this County he did not feel it would affect us. He indicated that the
first resolution that the County had passed this year was a resolution opposing State preemption
over mining for construction aggregate materials. The resolution resolved that local governments
should continue to have ultimate permitting authority over mining of construction and aggregate
materials, and that the Board is supposed to state preemption of aggregate mining regulations. He
confirmed that this was done on January 8, 2008, and revealed that the only change would be to
make specific reference to SB 2406, which may not apply unless there is limestone in the County.
33
March 4, 2008
There was a brief discussion regarding local control, and the clarification of
limestone or limerock.
Clerk's Note: Chairman Bowden announced that the County had received a check
in the amount of $103, 000.00 from the U.S. Department of Interior National Park Service.
13. E. COMMISSIONER GARY C. WHEELER - NONE
14.A. EMERGENCYSERVICES DISTRICT - NONE
14.8. SOLID WASTE DISPOSAL DISTRICT - NONE
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
34
March 4, 2008
15. ADJOURNMENT
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11:50 a. m.
ATTEST:
Jef arton, Clerk
APR - 8 1008
Minutes Approved:
BCC/LAA/2008Minutes
March 4, 2008
qSa.nda L. Bowden, Chairman
35 U 134 !i 643