HomeMy WebLinkAbout04/22/2008 (3)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 22, 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
A. PRESENTATION OF PROCLAMATION HONORING WARREN AND VIRGINIA
SCH WER IN .. .... ........ .... ............ .... .... ........ .... ................ .... ........ .... ............ .... .... ........ .... ... 2
B. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 26, 2008, AS ARBOR
DAY................................................................................................................................ 2
6. APPROVAL OF MINUTES -NONE .........................................................3
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING ACTION..................................3
A. REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD: ............................. 3
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April 22, 2008
REPORT OF CONVICTIONS FOR THE MONTH OF MARCH 2008 .............................................. 3
8. CONSENT AGENDA.....................................................................................3
8.A. APPROVAL of WARRANTs-APRIL 4, 2008, THRUAPRIL 10, 2008 ............................3
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDL4N RIVER COUNTY
TRAFFICEDUCATIONPROGRAM TRUST FUND............................................................4
8. C 26TH STREET 6" FORCE MAIN LOOP FROM BELLA VISTA ISLES TO BELLA
RosA, WORK AUTHORIZATION DIRECTIVE No. 2007-011, UCP No. 2989,
APPROVAL OF FINAL PAYMENT TO LABOR CONTRACTOR DERRICO
CONSTRUCTION CORP. AND RELEASE OFRETAINAGE................................................4
8.D. SOUTH COUNTY REVERSE OSMOSIS PLANT - FDEP PERMIT RENEWAL FOR
DEMINERALIZED CONCENTRATE DISPOSAL, WORK ORDER NO. 6 -
PROFESSIONAL SERVICES TO KIMLEY-HORN & ASSOCIATES, INC.,
AMENDMENT NO. 3 TO WORK ORDER NO. 6- FINAL PAY TO CONSULTANT .............. 5
8.E. RIGHT-OF-WAY ACQUISITION COUNTY ROAD 510, PROJECT #0610, 85TH
STREET, SOUTH SIDE, WEST OF 58TH AVENUE, 4 PARCELS OWNED BY DAVID
GoD WIN .. . ... . ... . ... . .. . . ... . ... . ... . ... . ... . ... . ... . .. . . ... . ... . ... . ... . ... . ... . ... . .. . . ... . ... . ... . ... . ... . ... . ... . .. . . ... . .. 5
8.F. RIGHT-OF-WAYACQUISITION, COUNTY ROAD 512 PHASE IV, YUKO MATSUDA
AND YOKO OSAKA, REPRESENTED BY. BRIGHAMMOORE, LLP ............................... 6
8. G. RIGHT-OF-WAY ACQUISITION FOR CR510, COUNTY ROAD PROJECT # 0610,
PROPERTY. 5570 85TH STREET (CR 510), NORTH SIDE OF CR 510 BETWEEN
58THAVENUE AND 55THAVENUE, OWNED BY VETE DERISSE..................................... 6
8.H. EXTENSION OF MINING MORA TORIUM..........................................................................7
8.L WORK ORDER NO. 9 - RELEASE OF RETAINAGE, MASTELLER, MOLER, REED
AND TAYLOR, INC., CR 512 PHASE III RIGHT -OF- WAYMAPPING PROJECT ............. 7
8.J. APPROVAL TO PURCHASE BIO DIESEL AT LOWEST AVAILABLE COST .......................... 8
8.K. ADDITION. OUT OF COUNTY TRAVEL FOR COMMISSIONER DAVIS AND STAFF
TO TRAVEL TO TALLAHASSEE.......................................................................................8
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April 22, 2008
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE.......................................................................................8
10. PUBLIC ITEMS..............................................................................................9
A. PUBLIC HEARINGS.....................................................................................9
1. PROPERTY EXCHANGE WITH KEN MCKELLAR FOR 49TH
STREET/31sT AVENUE RIGHT-OF-WAY (ADMINISTRATIVE) .....9
10.B. PUBLIC DISCUSSION ITEMS.................................................................10
1. REQUEST TO SPEAK FROM DR. STEPHEN J FAHERTY, SR. REGARDING VERO
BEACHELECTRIC UTILITY.........................................................................................10
10.C. PUBLIC NOTICE ITEMS..........................................................................10
1. NOTICE OF SPEML CALL MEETING APRIL 24,2008: .............................................. 10
A SPEmL CALL MEETING WILL BE HELD ON THURSDAY, APRIL 24, 2008 AT 9:00
A. M. WITH RESPECT TO THE SOURCE(QUASI-.IUDICIAL) ..........................................10
2. NOTICE OF SCHEDULED PUBLIC HEARINGS APRIL 29, 2008: .................................. 10
A. AMENDMENT INDIAN RIVER COUNTY RIVER COUNTY CODE SECTION A.
913.10(2)(B)3 TO LOWER THE A.M. BEST RATING REQUIREMENT FROM
A+VII TOA -VI FOR MAINTENANCE BONDS (LEGISLATIVE)....................................10
B. AMEND SECTION 303.33 AND 303.35 OF THE INDL4N RIVER COUNTY CODE TO
ALLOW DEMOLITION INSPECTION AND RE -INSPECTION FEES TO BE SET BY
COUNTYRESOLUTION (LEGISLATIVE).......................................................................10
C. IMAGINE SCHOOLS: REQUEST FOR SPEML EXCEPTION USE APPROVAL FOR
A K-8 CHARTER SCHOOL FACILITY. LOW KEY, INC., OWNER. IMAGINE
SCHOOLS AND MBV ENGINEERING, INC., AGENTS. LocATED AT 6000 4TH
STREET. ZONING CLASSIFICATION: RS -3 RESIDENTIAL SINGLE FAMILY (UP
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April 22, 2008
TO 3 UNITS/ACRE). LAND USE DESIGNATION: L-2, LOWDENSITY RESIDENTIAL
(QUASI-JUDICIAL) .......................................................................................................11
D. BOARD CONSIDERATION TO FORMALLYDESIGNATE A 1.3 MILE SEGMENT OF OLD
DmEHIGHWAYSOUTHOFCR 512 ASAHISTORICROAD (ADMINISTRATIVE) ....... 11
11. COUNTY ADMINISTRATOR'S MATTERS.........................................11
A. BOYS AND GIRLS CLUB REQUEST...............................................................................11
12. DEPARTMENTAL MATTERS.................................................................12
12.A. COMMUNITY DEVELOPMENT - NONE.............................................12
12.B. EMERGENCY SERVICES - NONE.........................................................12
12.C. GENERAL SERVICES - NONE................................................................12
12.D. HUMAN RESOURCES - NONE................................................................12
12.E. HUMAN SERVICES - NONE....................................................................12
12.F. LEISURE SERVICES - NONE..................................................................12
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ......................12
12.11. RECREATION - NONE.............................................................................12
12.I. PUBLIC WORKS - NONE.........................................................................12
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April 22, 2008
12.J. UTILITIES SERVICES...............................................................................13
1. APPROVAL OF BID AWARD FOR IRC BID No. 2008034, 16" BRINE FORCE
MAIN TO SPOONBILL MARSH WETLAND DISPOSAL SITE AND 12" REUSE
WATER MAINEXTENSION FROM LATERAL "G" To US Hwy 1 .................................13
13. COUNTY ATTORNEY...............................................................................13
A. C.N. KIRRIE REQUEST FOR RESOLUTION ACCEPTING IMPLIED DEDICATION
OF A 60 -FOOT STRIP OF LAND IN SECTION 30 SHOWN ON THE FLEMING
GRANT PLAT OF 1888 (RECORDED IN BREvARD COUNTY IN PLAT BOOK 1,
PAGE 72) BYS.B. CARTER, NowLYINGAND BEING ININDL9NRIVER COUNTY. ..... 13
14. COMMISSIONERS ITEMS.......................................................................16
A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN - NONE ..16
B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN -
NONE..............................................................................................................16
C. COMMISSIONER JOSEPH E. FLESCHER- NONE ............................16
D. COMMISSIONER PETER D. O'BRYAN...............................................16
1. FLORIDA FOREVER FUNDING AND FUTURE FCT FUNDING.........................................17
E. COMMISSIONER GARY C. WHEELER - NONE...............................18
15. SPECIAL DISTRICTS AND BOARDS....................................................18
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April 22, 2008
A. EMERGENCY SERVICES DISTRICT -NONE ...................................18
15.B. SOLID WASTE DISPOSAL DISTRICT..................................................18
1. APPROVAL OFMINUTES - MEETING OFMARCH 18, 2008 ........................................18
2. APPROVAL OF BID AWARD FOR IRC BID NO. 2008017, FELLSMERE
CUSTOMER CONVENIENCE CENTER........................................................................... 18
15.C. ENVIRONMENTAL CONTROL BOARD - NONE..............................19
16. ADJOURNMENT.........................................................................................19
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April 22, 2008
April 22, 2008
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, April 22, 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 Athena Adams.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Hugh King, First Church of the Nazarene, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wesley S. Davis, Vice Chairman, led the Pledge of Allegiance to
the Flag.
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April 22, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY
ITEMS
1. Addition to Consent Agenda by Vice Chairman Davis:
8.K. "Out of County Travel for Commissioner Davis and Staff to Travel to
Tallahassee."
2. Defer Item 8.J. to the April 29, 2008 BCC meeting.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION HONORING WARREN AND
VIRGINIA SCHWERIN
Vice Chairman Davis read and presented the Proclamation to Warren Schwerin,
who thanked the Board, on behalf of his wife, for the recognition.
B. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 26. 2008.
AS ARBOR DAY
Commissioner O'Bryan read and presented the Proclamation to the Sebastian
Soccer Association representatives Dave Waynent and Cory Richter. Cory Richter announced
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April 22, 2008
that the Soccer Association would be having Arbor Day celebrations on Saturday, April 26,
2008, at 1:00 p.m., at their new fields in Sebastian.
6. APPROVAL OF MINUTES -NONE
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REOUIRING ACTION
A. REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD:
REPORT OF CONVICTIONS FOR THE MONTH OF MARCH ZOOS
The above Item was noted for the record.
8. CONSENT AGENDA
Commissioner O'Bryan pulled for discussion, Item 8.F.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS—APRIL 4. 2008. THRuApRIL 10. 2008
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
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April 22, 2008
Board for the time period of April 4, 2008 to April 10,
2008, as requested in the memorandum dated April 10,
2008.
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT. INDIAN RIVER
COUNTY TRAFFICEDUCATIONPROGRAM TRUST FUND
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously accepted
the Report of the revenues and expenditures from the
inception of $3 traffic ticket surcharge fee, October 1,
2002, through March 31, 2008, as recommended in the
memorandum dated April 9, 2008.
8. C. 26TH STREET 6" FORCE MAIN LOOP FROM BELLA VISTA ISLES To
BELLA RoSA. WORK AUTHORIZATION DIRECTIVE NO. 2007-011,
UCP No. 2989. APPROVAL OF FINAL PAYMENT TO LABOR
CONTRACTOR DERRICO CONSTRUCTION CORP. AND RELEASE OF
RETAINAGE
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Change Order No. 1 for an amount of $279.00,
and approved Application for Payment No. 2 — Final as
final payment to the Contractor, Derrico Construction
Corp., in the amount of $7,302.15, as recommended in the
memorandum dated April 11, 2008.
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April 22, 2008
8.D. SOUTH COUNTY REVERSE OSMOSIS PLANT — FDEP PERMIT
RENEWAL FOR DEMINERALIZED CONCENTRATE DISPOSAL. WORK
ORDER NO. 6 — PROFESSIONAL SERVICES TO KIMLEY-HORN &
ASSOCIATES, INC., AMENDMENT NO. 3 TO WORK ORDER NO. 6 —
FINAL PAY TO CONSULTANT
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved final payment to Kimley-Horn & Associates in
the amount of $1,555.000, as recommended in the
memorandum dated April 14, 2008.
8.E. RIGHT-OF-WAYACOUISITION COUNTYROAD SIO. PROJECT #0610.
85TH STREET, SOUTH SIDE. WEST OF 58TH AVENUE. 4 PARCELS
OWNED BYDAVID GODWIN
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Alternative No. 1, the purchase of the four (4)
parcels, and authorized the Chairman to execute said
Agreement, as recommended in the memorandum dated
April 7, 2008.
CONTRACTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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April 22, 2008
8.F. RIGHT-OF-WAYACOUISITION. COUNTYROAD5I2PHASEIV. YUKO
MATSUDA AND YOKO OSAWA. REPRESENTED BY: BRIGHAM
MOORE, LLP
Commissioner O'Bryan's expressed concern with the County having to pay the
seller's attorney's fees and other damages. He was not sure why we were taking on the
attorney's fees when we had upped our offer to $34,000.00, almost 30% above the appraised
value.
Deputy County Attorney Bill DeBraal explained that this is an action in eminent
domain and by Statute, the County as the condemning authority, is required to pay attorney's
fees and costs of the opposing parry. He felt the fee was justified.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Alternative No. 1, the purchase of the 0.19 acres,
and authorized the Chairman to execute the Purchase
Agreement, as recommended in the memorandum of April
10, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8-G. RIGHT-OF-WAY ACQUISITION FOR CR510, COUNTY ROAD
PROJECT # 0610, PROPERTY: 5570 85TH STREET (CR SIO). NORTH
SIDE OF CR 510 BETWEEN SETH AVENUE AND 55TH AVENUE.
OWNED BY VETE DERISSE
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
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April 22, 2008
approved Alternative No. 1, the purchase of the house and
entire property located at 5570 85th Street (CR 510), in the
amount of $150,000.00, as recommended in the
memorandum of April 7, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. EXTENSION OF MINING MORATORIUM
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved for the County Attorney's Office to proceed with
the process of extending the moratorium prior to the July
8, 2008 expiration, as recommended in the memorandum
of April 14, 2008.
8.I. WORK ORDER NO. 9 — RELEASE OF RETAINAGE, MASTELLER,
MOLER, REED AND TAYLOR. INC.. CR 512 PHASE III RIGHT-OF-
WAYMAPPING PROJECT
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved payment of Invoice No. 1906-6519, dated
04/10/08, in the amount of $1,470.00, to Masteller, Moler,
Reed & Taylor, Inc., as recommended in the memorandum
dated April 14, 2008.
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April 22, 2008
8.J. APPROVAL TO PURCHASE BIO -DIESEL AT LOWEST AVAILABLE COST
This item was continued to next week's meeting.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved that this item be continued at the April 29, 2008
Commission Meeting, as requested in the memorandum
dated April 21, 2008.
8.K. ADDITION: OUT OF COUNTY TRAVEL FOR COMMISSIONER
DAVIS AND STAFF TO TRAVEL TO TALLAHASSEE
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved out -of -County travel for Commissioner Davis
and staff to attend a Legislative Hearing with the Cabinet
regarding the County Road 512 exchange of property, in
Tallahassee, from April 28-29, 2008, as requested in the
memorandum of April 21, 2008.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
April 22, 2008
8
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. PROPERTY EXCHANGE WITH KEN MCKELLAR FOR
49TH STREET/31ST AVENUE RIGHT-OF-WAY
(ADMINISTRATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Deputy County Attorney Bill DeBraal recapped the backup memorandum of April
15, 2005 regarding the County's need to acquire an additional 20 feet of right-of-way along the
north side of 49th Street (Lindsey Lane) near 31St Avenue. It is also the County's desire to obtain
a 40 -foot strip for right-of-way and access along the east side of 31St Street just north of 49th
Street. Attorney DeBraal provided detailed data on the proposed property exchange with Ken
McKellar. He thereafter presented staff s recommendation for the Board to consider public
input, and to adopt the resolution approving the exchange agreement between the County and
Ken McKellar.
Commissioner O'Bryan asked whether the deed and property line issues were
cleared up with Mr. McKellar. Attorney DeBraal confirmed that they were.
The Chairman opened the Public Hearing. Seeing no one, the Chairman closed
the Public Hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
(1) Resolution 2008-042 approving a Real Estate
exchange with Ken McKellar; and (2) authorized the
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April 22, 2008
Chairman to execute the Agreement and any Deeds
including the Corrective Deeds necessary to effectuate the
exchange, as recommended in the memorandum of April
15, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
10.B. PUBLIC DISCUSSION ITEMS
1. REOUEST TO SPEAK FROM DR. STEPHEN J FAHERTY, SR.
REGARDING VERO BEACHELECTRIC UTILITY
Dr. Stephen Faherty was absent due to illness, and this item was rescheduled for
the May 6, 2008 BCC meeting.
10.C. PUBLIC NOTICE ITEMS
1. NOTICE OF SPECIAL CALL MEETING APRIL 24,2008:
A SPECIAL CALL MEETING WILL BE HELD ON THURSDAY, APRIL
24, 2008 AT 9:00 A.M. WITH RESPECT TO THE SOURCE (QUASI -
.JUDICIAL)
2. NOTICE OF SCHED ULED PUBLIC HEARINGS APRIL 29, 2008:
A. AMENDMENT INDIAN RIVER COUNTY RIVER COUNTY CODE
SECTION A. 913.10(2)(B)3 TO LOWER THE A.M. BEST RATING
REOUIREHENT FROM A+VII TO A -VI FOR MAINTENANCE BONDS
(LEGISLATIVE)
B. AMEND SECTION 303.33 AND 303.35 OF THE INDIAN RIVER
COUNTY CODE TO ALLOW DEMOLITION INSPECTION AND RE -
10
April 22, 2008
INSPECTION FEES TO BE SET BY COUNTY RESOLUTION
(LEGISLATIVE)
C. IMAGINE SCHOOLS: REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR A K -S CHARTER SCHOOL FACILITY. LOW KEY,
INC., OWNER. IMAGINE SCHOOLS AND MB ENGINEERING, INC.,
AGENTS. LOCATED AT 6000 4TH STREET. ZONING
CLASSIFICATION: RS -3 RESIDENTIAL SINGLE FAMILY (UP TO 3
UNITS/ACRE). LAND USE DESIGNATION: L-2, LOW DENSITY
RESIDENTIAL (QUASI -.JUDICIAL)
D. BOARD CONSIDERATION TO FORMALLY DESIGNATE A 1.3 MILE
SEGMENT OF OLD DIXIE HIGHWAY SOUTH OF CR 512 AS A
HISTORIC ROAD (ADMINISTRATIVE)
The Chairman read the Notices into the record.
11. COUNTY ADMINISTRATOR'S MATTERS
A. BOYS AND GIRLS CLUB REO UEST
County Administrator Joe Baird informed the Board that the Boys and Girls Club
would like to lease the 17th Avenue property (the old ambulance squad right across from the
Freshman Learning Center) to build their new clubhouse.
Vice Chairman Davis thought we were on the right track; it is a good collaborate
partnership; but wanted the Board to keep in mind the conversation they had with the School
District at their last joint workshop, which relates to the subject property. He hoped that staff
would include the School District in the scope of programs when negotiations are entered into.
Chairman Bowden agreed that they were on the right track and should proceed.
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April 22, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Bowden, the Board unanimously approved for
the County Administrator to move forward with drafting
an Agreement for the lease of the 17th Avenue property to
the Boys and Girls Club, as requested.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12.C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.11. RECREATION - NONE
12.I. PUBLIC WORKS -NONE
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April 22, 2008
12.J. UTILITIES SERVICES
1. APPROVAL OF BID AWARD FOR IRC BID NO. 2008034.1()" BRINE
FORCE MAIN TO SPOONBILL MARSH WETLAND DISPOSAL SITE
AND 12" REUSE WATER MAIN EXTENSION FROM LATERAL "G" TO
USIIWYI
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved that the Bid be awarded to B&B Underground
Contractors, Inc., for the amount of $849,965.00 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 April 14, 2008.
13. COUNTY ATTORNEY
A. C.N. KIRRIE REQUEST FOR RESOLUTION ACCEPTING IMPLIED
DEDICATION OFA O0 -FOOT STRIP OF LAND IN SECTION 30 SHOWN
ON THE FLEMING GRANT PLAT OF 1888 (RECORDED IN BREVARD
COUNTY IN PLAT BOOK 1, PAGE 72) BY S B. CARTER, NOW LYING
AND BEING IN INDIAN RIVER COUNTY
County Attorney William Collins recapped the backup memorandum of April 15,
2005 and recalled how in 2007 two lawsuits were filed against Sheriff Roy Raymond requesting
13
April 22, 2008
the court to declare a 60 -foot strip of land (in Roseland) a public right-of-way and to order the
Sheriff to cause clearing of vehicles, trash, debris, fences, gates, or any other encroachments, as
well as, to compel the Sheriff to prevent trespassing on the 60 -foot strip. The court subsequently
dismissed both cases because it found neither plaintiff had a clear legal right to the relief
requested.
Attorney Collins informed the Board of Mr. Kirrie's request for a resolution to be
adopted, accepting the 60 -foot strip of land on the Fleming Grant Plat. He provided background
history of the subject land, and pointed out the advantages of accepting the offer. He thereafter
recommended that the County adopt the resolution accepting the 60 -foot strip of land, as it could
facilitate a future emergency connection between the southerly termini of 129th and 130th
Avenues.
Mr. Fred Mensing said he had requested that this matter be continued until he has
an attorney present, because he did not receive the packet until Friday afternoon (April 18,
2008).
Attorney Collins noted that this matter was on the March 18, 2008 Agenda, and at
Mr. Mensing's request it was extended to today.
Mr. Mensing presented arguments along with supporting data (copies on file) to
aid his case of opposition to staff's recommendation and to support his claim to ownership of the
subject strip of land. He referenced the survey of 1990 when he purchased the property from
"Sembler," and briefly described the property as it was at the time of purchase. Mr. Mensing
claimed he possesses free and clear title to the subject strip of land from the center of 129th Street
for a distance of 660 feet to the east. He thought it would be wise for the Board to reject
Attorney Collins's efforts because there are other issues that needed to be addressed.
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April 22, 2008
Attorney Collins responded to questions from the Board of whether the Sheriff's
attorney has different views (from the County Attorney) on this matter.
James Harpring, General Counsel, IRC Sheriff's Office, reported that the Sheriff
has had to litigate a couple of issues in regard to this matter: First, dealing with whether or not
they should be required to enforce public access rights on whether or not it is a public road, and
in the alternative, defending a Writ of Mandamus, (filed by Mr. Mensing) requesting the Circuit
Court to require the Sheriff's Office to issue a trespass warning against Mr. Kirrie in regards to
the property. He said the Sheriff's interest is only in resolving the issue as to who actually has a
proprietary interest in this, because they are obligated at some level to enforce the laws,
especially since the history of this is not particularly clear as to possessory ownership. He said
the Sheriff's Office would follow the lead of what the Board accepts, and would enforce the law
accordingly.
Vice Chairman Davis asked if the Sheriff was agreeable to the Board passing the
resolution, and Attorney Harpring reiterated that the Sheriff did not have an interest in it, and
would proceed in accordance with the Board's decision.
Mr. C.N. Kirrie addressed several points: He talked about ownership of certain
lots and strips of land in the subject area, sale of land to the Kirchoffs, and access to properties.
He gave a history of ownership including purchase and sale of the subject property, and stated
that this is an issue that would resolve a lot of problems at one time. A couple years ago, he
recognized that his request for abandonment was out -of -place, because that roadway should be a
public roadway (providing emergency access and access to the internal lots), and he did not
continue with the request. He argued that it is simply an issue of clearing the matter and what he
felt was a necessary second access to a large parcel. He thereafter invited questions from the
Board.
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April 22, 2008
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Davis to accept staff's
recommendation.
There were no further discussions.
The Chairman CALLED THE QUESTION and the Board
unanimously approved Resolution 2007-043 formally
accepting the implied dedication of a 60 -foot strip of land
in section 30 shown on the Fleming Grant Plat of 1888
which predates statutory laws of platting set out in Chapter
177, Part 1, Florida Statutes.
14. COMMISSIONERS ITEMS
A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -
NONE
B. COMMISSIONER WESLEY S. DAVIS, VICE
CHAIRMAN - NONE
C. COMMISSIONER JOSEPH E. FLESCHER- NONE
D. COMMISSIONER PETER D. O'BRYAN
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April 22, 2008
1. FLORIDA FOREVER FUNDING AND FUTURE FCT FUNDING
Commissioner O'Bryan informed the Board that when this item was placed on the
Agenda last week, it appeared that the Florida State Legislature was not going to fund Florida
Forever this year, however, that has subsequently changed. He pointed out that there was a
proposal to move the funding from the Florida Communities Trust (FCT) within the Department
of Community Affairs (DCA) to the Department of Environmental Protection (DEP). He stated
that no action was required; he just wanted to bring it to their attention, and to note that they
would be watching this.
Vice Chairman Davis thought the best thing was to have a resolution urging the
Governor to sign the Proposal once it gets out of Committee and is on his desk.
Assistant County Attorney George Glenn reported that he called House
Representative Stan Mayfield's office this morning and apparently it was still on the table to
remove the FCT from DCA to DEP. He understood that they would be putting that language in
the successor program to Florida Forever, and thought it would be a difficult issue for the
Governor to veto because it meant he would have to veto the entire successor program for
Florida Forever. Attorney Glenn also understood the bill would go to the full House for
consideration probably at the end of this week, and felt it might be worthwhile to write a letter to
the Delegation before it goes to a full vote of the House and the Senate, informing them of our
good relationship with DCA and our desire to not have the program moved.
Commissioner O'Bryan Moved, Seconded by Commissioner Flescher, for a letter
or resolution of support to be sent to the State Legislature to continue the funding and to keep the
Florida communities Trust as part of the Department of Community Affairs program.
17
April 22, 2008
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Resolution 2008-044 requesting that the State
retain the Florida Communities Trust program within the
Department of Community Affairs.
E. COMMISSIONER GARY C. WHEELER - NONE
15. SPECIAL DISTRICTS AND BOARDS
A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Board of
County Commissioners Meeting, the Board would reconvene as the Board of Commissioners of
the Solid Waste Disposal District. Those Minutes are being prepared separately and are
appended to this document.
1. APPROVAL OF MINUTES - MEETING OF MARCH 18, 2008
2. APPROVAL OF BID A WARD FOR IRC BID NO.2008017. FELLSMERE
CUSTOMER CONVENIENCE CENTER
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April 22, 2008
114
M
15.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES.
16. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 9:56 a.m.
ATTEST:
Jeffrey K.Rarton, Clerk Sandra L. Bowden, Chairman
Minutes Approved: MAY 2 0 2008
BCC/AA/2008 Minutes
19
April 22, 2008