HomeMy WebLinkAbout04/08/2008 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 8, 2008
1. CALL TO ORDER.........................................................................................1
2. INVOCATION................................................................................................1
3. PLEDGE OF ALLEGIANCE.......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS.........................................................................................................1
5. PROCLAMATIONS AND PRESENTATIONS........................................2
S.A. PRESENTATION OFPROCLAMATIONDESIGNA TINGAPRIL AS CHILD ABUSE
PREVENTIONMONTH,
....2
5.B. PRESENTATIONOFPROCLAMATIONDESIGNATINGAPRIL 13TI'-IIT'; ZOOS, AS
NATIONAL CRIME VICTIMS' RIGHTS WEEK................................................................. 2
5.C. PRESENTATION BYMELANIE .TONES, KEEP INDIANRIVER BEAUTIFUL (KIRB)
EXECUTIVE DIRECTOR, ON THE COUNTYSWEEPS CHALLENGE/GREAT
AMERICAN CLEAN UP AND KIRK RECYCLING A WARDS ............................................. 2
6. APPROVAL OF MINUTES.........................................................................2
6.A. REGULAR MEETING OF MARCH 4, 2008......................................................................3
6.B. IMPACT FEE WORKSHOP, MARCH 6, 2008...................................................................3
6.C. REGULAR MEETING OF MARCH 11, 2008....................................................................3
1
April 8, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION ..................4
7.A. 2008 ELECTION OFINDIANRIVER COUNTYPROFESSIONAL SERVICES
ADVISORY COMMITTEE (PSAC) CHAIRMANAND VICE CHAIRMAN ...........................4
7.B. RESIGNATIONAND APPOINTMENT TO THE PARKS AND RECREATION
COMMITTEE(PRC) .......................................................................................................4
7.C. RESIGNATION OF JUDGE APPOINTEE TO THE CHILDREN'S SER VICES ADVISORY
COMMITTEE............ .... .... ............ ............ .... .... .... ........ ............ .... .... .... ........ ............ .... ... 4
7.D. 2008 ELECTION OF CHAIRMANAND VICE CHAIRMAN OF THE MPOCAC ................4
7.E. 2008 ELECTION OF CHAIRMANAND VICE CHAIRMAN OF THE MPOBAC ................ 5
7.E RETIREMENT AWARD HONORING CAPTAIN GERALD RESCH ONHIS
RETIREMENT FROM INDIAN RIVER COUNTY FIRE RESCUE ........................................ 5
8. CONSENT AGENDA.....................................................................................5
8.A.
APPROVAL OF WARRANTS -MARCH 07, 2008 THRUMARCH 13, 2008 ......................5
8.B.
APPROVAL OF WARRANTS -MARCH 14, 2008 THRU MARCH 20, 2008 ...................... 6
8.0
APPROVAL OF WARRANTS -MARCH 21, 2008 THRU MARCH 27, 2008 ...................... 6
8.D.
CORRECTIVE DEED OF THE MOUNT ZION BAPTIST CHURCH PROPERTY .................. 6
8.E. PERMISSION TO ADVERTISE FOR PROPOSED PROPERTYEXCHANGE WITH KEN
MCKELLAR - 31ST AVENUE RIW.................................................................................. 7
8.F. RESOLUTION CANCELING TAXES ONPROPERTYACQUIRED BY THE CITY OF
FELLSMERE FOR WELL SITE..
.... 7
8.G. APPROVAL OFREQUEST FOR PROPOSAL (RFP) 2008048 ........................................... 7
8.K RIGHT-OF-WAYACQUISITION UNITED CHURCH OFSEBASTIAN, 1251
SEBASTIANBOULEVARD, SEBASTIAN, FL 32958........................................................8
8.L RESIGNATIONANDAPPOINTMENT TOTHE HISTORICRESOURCESADVISORY
COMMITTEE(HRA C) ...................................................................................................8
8.J. CONSTRUCTION CONTINGENCY FOR THE MAINRELIEF CANAL POLLUTION
CONTROL SYSTEMAND CHANGE ORDER NO. 7 -PROJECT 0113 ...............................8
2
April 8, 2008
8.K. WAL MARTSToREEASTL.P.'SREQUESTFORFINALPLATAPPROVALFORA
REPLAT OFA" ANADDITION TO THE SAM'S CLUB AT VERO BEACH
COMMERCL4L PLANNED DEVELOPMENT...................................................................10
8.L. CIVIL ENGINEERING AND LAND SUR VEYINGAGREEMENT WITHKIMLEY--HORN
ASSOCIATES, INC. FOR INTERSECTIONIMPROVEMENTSAT 66THA VENUE AND
CR5IOAMENDMENTNo. 4........................................................................................11
8.M. WORK ORDER No. 5 (ENGINEERING/SURVEYING) MASTELLER, MOLER, REED
AND TAYLOR, INC. CR512PHASEIVROADWAYIMPROVEMENTSPONDA
(RE TENTION AREA) BOUNDARY SURVEY....................................................................11
8.N. PROVIDING GEOTECHNICAL SERVICES FOR OSLO ROAD AND OSLO ROAD BOAT
RAMPIMPROVEMENTS, DUNKELBERGER ENGINEERING & TESTING, INC.
WORK ORDER No. 3, IRCPRoJECT # 0381...............................................................12
8.0. CR 512, PHASE III, CR 510 -PROJECT #9611 & 0001 GEOTECHNICAL
SERVICES WORK ORDER #1- RELEASE OF RETAINAGE D UNKELBERGER
ENGINEERING & TESTING, INC..................................................................................13
8.P. AMENDMENT NO.8 TO THE PROFESSIONAL SERVICESAGREEMENT WITH
CARTER Assom TES, INC. CCTH 66THAVENUE PAVINGIMPROVEMENTS (4TH
STREET To SR 60) IRCPRoJECTNo. 9810...............................................................14
8.Q. PROFESSIONAL ENGINEERING SERVICES FOR COMPLETION OF EAGLE TRACE
SUBDIVISION -PHASE 2..............................................................................................14
8.R. OSLO ROAD BOAT RAMP, IRCPRo.IECTNo. 0381, GKENViRONMENTAL, INC.
SERVICES, ARCHAEOLOGICAL AND HISTORICAL SURVEY.........................................15
8.S. FLORIDA INLAND NAVIGATIONDISTRICT 2008-2009 WATERWAYSASSISTANCE
PROGRAMAUTHORIZING RESOLUTION FDR THE OSLO ROAD BOAT RAMP.............15
8.T. RELEASEOFDEMOLITIONLIEN(LYMANL.BASS,JR.)............................................16
8.U. MEDL4TED SETTLEMENT, THOMASROYAL (WORKERS' COMPENSATION CLAIM)
.........................................................................................................................16
8.V PERMISSION TO ADVERTISE FOR AMENDMENT TO STATE ROAD 60 INTEREST
SHARE FEE ORDINANCE.............................................................................................17
8.W. ALDEA OF FELLSMERE DEVELOPER'S AGREEMENT FOR DEVELOPER
CONTRIBUTIONS TO INTERSECTIONIMPROVEMENTS AT CR 512 AND ALDEA
PROJECT ENTRANCE ..............
April 8, 2008
3
17
8.X. FINAL PAYMENT - ECOLOGICAL ASSOCL4TES INC. CONTRACT AMENDMENT
No. 4.........................................................................................................................18
8.Y GREAT LAKES DREDGE AND DOCK COMPANYFINAL PAYMENT AND RETAINAGE
RELEASE, SECTORS I & 2 BEA CHRESTORATION......................................................18
8.Z. RIGHT-OF-WAYACQUISITION, GRACE BAPTIST CHURCH OF VERO BEACH,
INC., 1285 43RD AVENUE, VERO BEACH.....................................................................19
8.AA. RELEASE OFRETAINAGE ($25, 635.00 TO SUMMERLIN'S MARINE
CONSTRUCTION, LLC FOR CONSTRUCTION OF THE BOARDWALKS AT THE
NORTHSEBASTIAN CONSERVATIONAREA, PER BID #2007035 ................................19
8.BB. RELEASE OFRETAINAGE-EDLUND, DRITENBAS, BINKLEYARCHITECTS &
ASSOCL4TEs, P.A., DESIGN CONTRACT FOR THE PARKS MAINTENANCE
COMPLEX. ... . .. . . .. . . .. . . ... . ... . ... . ... . ... . .. . . ... . .. . . ... . ... . ... . ... . ... . .. . . ... . .. . . ... . ... . ... . ... . ... .... .... . .. . . ... . 20
8. CC. RELEASE OF FINAL PAYMENT - CROSS ENVIRONMENTAL SERVICES ....................20
8.DD. APPROVAL OFBIDAWARD FOR IRCBID NO.2008031, ANNUAL BID FOR
TRAFFIC SIGNAL WIRE AND HARDWARE, PUBLIC WORKS DEPARTMENT I
TRAFFICENGINEERING DIVISION..............................................................................20
8.EE. INDL4NRIVER COUNTYAPPOINTMENTS TO THE ECONOMIC OPPORTUNITIES
CouNCIL(EOQ..........................................................................................................22
8. FF. APPROVAL OF APPLICATIONNO. 4 - FINAL FOR UTILITIES LABOR
CONTRACTOR UNDERGROUND UTILITIES, INC. FOR CONSTRUCTION OF FIRE
HYDRANT REPLACEMENTS AT THE VISTA VILLAS, VISTA GARDENS, GRAND
ROYAL AMD VISTA VILLAS CONDOMINIUMS - UCP 3021 .......................................22
8. GG. FINAL PAYMENT To CARTER ASSOCIATES, INC. FOR SURVEYSERVICES FOR
SANSEBASTIANSPRINGS WATER ASSESSMENT PROJECT - UCP 3014, WIP NO.
473-169000-08502.....................................................................................................23
8.HH. MASTER IN-LINE PUMP STATIONAT 1550 9'H STREET SW, UCP NO. 2628,
WIPNuMBER 472-169000-06531, APPROVAL OF CHANGE ORDER No. 2,
APPROVAL OF FINAL PAYMENT To CONTRACTOR, TLCDIVERSIFIED, INC. OF
PALMETTO, FL, AND RELEASE OF RETAINAGE..........................................................23
8.II. PARTIAL RELEASE OF RETAINAGE - WORK ORDER #4, COASTAL TECHNOLOGY
CORPORATIONINC., SECTOR 3 BEACHRESTORATION..............................................24
4
April 8, 2008
8.JJ. WORK ORDER NO.3 (ENGINEERING/SURVEYING), KIMLEY-HORNAND
ASSOCIATES, INC. FINAL PAYAND RELEASE OF RETAINAGE, KROEGEL
HOMESTEAD SUBDIVISIONICOUNTYPRESERVATIONLAND,
BOUNDARY/SPECIFIC PURPOSE SUR VEYAND MPARL4N RIGHTS STUDY ................. 24
8.KK. GIFFORD HEALTH CENTER - GRADING, PAVING, DRAINAGE & BUS SHELTER
IMPROVEMENTS - IRCMD NUMBER 2007027, FINAL PAY & RELEASE OF
RETAINAGE FOR L.H. TANNER CONSTRUCTION CORP..............................................25
8.LL. ACQUISITIONOFRIGHT-OF-WAYALONG 66THAVENUE..........................................25
8.MM. GH VERO BEACH DEVELOPMENT INC'S REQUEST FOR A REPLAT OF A
PORTION OF THE FALLS AT GRAND HARBOR TO BE KNOWNAS GRAND HARBOR
PLAT#30.....................................................................................................................26
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES....................................................................................................26
9.A. ROYRAYMOND, INDIANRIVER COUNTYSHERIFF....................................................26
9.A.1. BUDGET AMENDMENT................................................................................................26
9.A.2. DEPARTMENT OF TRANSPORTATION GRANT ASSISTANCE -AGGRESSIVE
DRIVERPROGRAM.......................................................................................................27
9.A.3. U. S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE
BULLETPROOF VEST PARTNERSHIP PROGRAM.........................................................28
10. PUBLIC ITEMS............................................................................................28
10.A. PUBLICHEARING..................................................................................................28
10.A.1. KGP, LLC'SREQUEST TO REZONE f1.57ACRES FROMIG TO CG
(QUASI-JUDIC1AL).......................................................................................................29
10.A.2. ETA YEM, LLC'S REQUEST TO REZONE f 1.23 ACRES FROM CN TO CL
(QUASI-JUDICIAL) ....................................................................................................... 30
10.A.3. CONSIDERATION OF THE ASSIGNMENT, SETTLEMENT AND COVENANT
AGREEMENTBETWEENTHE COUNTYAND THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT; APPROVAL OF USING ENVIRONMENTAL BOND
5
April 8, 2008
FUNDS TO PURCHASE REAL PROPERTY INTEREST IN THE CORRIGAN 455.71
ACRES AND THE SAND LAKES TRACT.........................................................................31
10.B. PUBLICDISCUSSIONITEMS..............................................................................35
10.B.1. REQUEST TO SPEAK FROMJOSEPHPALADIN, PRESIDENT, BLACKSWAN
CONSULTING, REGARDING IMPACT FEES - SHOULD THEYBE RAISED,
LOWERED, OR STAY THE SAME...................................................................................35
10.B.2. REQUEST TO SPEAK FROM JOE T. WIGGINS REGARDING RIGHT-OF-WAYAND
TRAILER.......................................................................................................................
35
10.B.3. REQUEST TO SPEAK FROM FRED MENSING REGARDING PRACTICAL BUDGET
CUTS.........................................................................................................................36
10.B.4. REQUEST TO SPEAK FROM FRANK ZORC REGARDING MATCHING FUNDS FOR
BOARDWALK AT ST. FRANCIS MANOR........................................................................36
10.B.5. REQUEST TO SPEAK FROMJOSEPHPALADIN, CHAIRMAN, GROWTH
A WARENESS COMMITTEE, REGARDING MAINTENANCE BONDS ...............................
37
10.C. PUBLICNOTICEITEMS- NONE .........................................................................39
11. COUNTY ADMINISTRATOR'S MATTERS - NONE .......................... 39
12. DEPARTMENTAL MATTERS.................................................................39
I2.A. COMMUNITYDEVELOPMENT - NONE.........................................................................39
12.B. EMERGENCYSERVICES - NONE..................................................................................39
12. C. GENERAL SERVICES - NONE.......................................................................................39
I2.D. HUMANRESOURCES...................................................................................................40
12.D.I. COLLECTIVEBARGAININGAGREEMENTBETWEENINDIANMVER COUNTY
ANDIAFF.................................................................................................................... 40
I2.D.2. BL UEMEDICARE ADVANTAGE PLAN FOR RETIREES ............................................. 41
12.D.3. HEALTHINSURANCESUBSIDYPOLICYFORRETIREES.........................................42
I2.E. HUMANSERVICES -NONE ..........................................................................................43
12. F. LEISURE SER VICES - NONE......................................................................................... 43
12G. OFFICE OF MANAGEMENT AND B UDGET................................................................... 43
6
April 8, 2008
12. G.1. VETERANS COUNCIL OFINDIANRIVER COUNTY, INC. ANNUAL FINANCIAL
AUDIT.........................................................................................................................43
12.G.2. PROPERTYICASUALTYINSURANCE RENEWAL 2008-09 .........................................44
12.H. RECREATION-NONE...................................................................................................44
12.L PUBLIC WORKS............................................................................................................44
12.L 1. 16TH STREET PAVING BETWEEN 74TH AVENUE AND 66TH A VENUE — FLEMING
RIGHT -OF- WAY........................................................................................................... 44
12.J. UTILITIES SERVICES...................................................................................................47
12.J.1. CONSULTING SERVICES WORK ORDER No. 12 WITHMASTELLER AND MOLER
FOR THE DEVELOPMENT OFA NORTH COUNTYRECLAIMED WATER SYSTEM
IMPLEMENTATION PLAN — UCP 2 74 7 ........................................................................47
12.12. APPROVAL OFBIDAWARDFOR IRCBIDNO.2008033, CONSTRUCTIONOF
SPOONBILL MARSH WETLAND FACILITY,
..47
13. COUNTY ATTORNEY MATTERS.........................................................48
B.A. ACQUISITIONOF WINGS OF JO Y PROPER TY FOR 58THA VENUEISTA TE ROAD 60
INTERSECTION IMPR O VEMENTS................................................................................. 48
14. COMMISSIONER ITEMS.........................................................................49
14.A COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN-NONE......................................49
14.B. COMMISSIONER WESLEYS DA vis. VICE CHAIR -NONE..........................................49
14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE ....................................................... 49
14.D. COMMISSIONER PETER D. O' BRYAN.........................................................................49
14.D.1. CODE ENFORCEMENT ISSUES IN VERO HIGHLANDS............................................49
14.E. COMMISSIONER GARY C. WHEELER - NONE............................................................. 50
15. SPECIAL DISTRICTS AND BOARDS....................................................51
15.A. EMERGENCY SERVICES DISTRICT.............................................................................. 51
15.A.1 APPROVAL OF MINUTES, MEETING OF FEBRUARY 19, 2008 ........................ 51
15.A.2. TRAININGPARTNERSHIPAGREEMENTBETWEENINDIANRIVER COMMUNITY
COLLEGE AND INDIANRIVER COUNTYEMERGENCYSERVICES DISTRICT ............... 51
7
April 8, 2008
15.B. SOLID WASTE DISPOSAL DISTRICT............................................................................ 51
15.B.1. APPROVALOFBIDAWARDFOR IRCBIDN0.2008040,FURNISHAND
INSTALL FENCING AT LANDFILL, SOLID WASTE DISPOSAL DISTRICT ..................... 51
15. C. ENVIRONMENTAL CONTROL BOARD - NONE............................................................. 51
16. ADJOURNMENT.........................................................................................52
April 8, 2008
April 8, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, April 8, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley S.
Davis, 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
Public Works Director Jim Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Deletion — Item 10.B.1.
1
April 8, 2008
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATIONDESIGNATING APRIL AS CHILD
ABUSE PRE VENTION MONTH
Chairman Bowden read and presented the Proclamation to Director of Development
Thomas Maher.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 13TH -19TH
2008. AS NATIONAL CRIME VICTIMS' RIGHTS WEEK
Vice Chairman Davis read and presented the Proclamation to Shirley Rosemond.
Clerk's Note: Chairman Bowden recognized County Administrator Joseph Baird
for receiving the Outstanding Achievement Award - Recovery for 2008, at the National Hurricane
Conference in Orlando, FL, last week.
S. C. PRESENTA TION B Y MELANIE .TONES. KEEP INDIAN RIVER BEAUTIFUL
EXECUTIVE DIRECTOR, ON THE COUNTYSWEEPS CHALLENGE/GREAT
AMERICAN CLEAN UP AND KIRB RECYCLING A WARDS
Melanie Jones detailed the specifics of the upcoming annual event, "County Sweeps
Challenge" through a PowerPoint Presentation (copy on file).
6. APPROVAL OF MINUTES
2
April 8, 2008
O.A. REGULAR MEETING OF MARCH 4.2008
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of March 4, 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 March 4, 2008, as
written.
6.B. IMPACT FEE WORKSHOP, MARCH 6.2008
The Chairman asked if there were any corrections or additions to the Minutes of the
Impact Fee Workshop of March 6, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Impact Fee Workshop Minutes of March 6, 2008, as
written.
6. C. REGULAR MEETING OF MARCH 11. 2008
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of March 11, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of March 11, 2008, as
written.
ki
April 8, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. 2008 ELECTION OFINDIANRIVER COUNTY PROFESSIONAL SERVICES
ADVISORY COMMITTEE (PSA C) CHAIRMAN AND VICE CHAIRMAN
On March 20, 2008, the Professional Services Advisory Committee elected Mr.
Todd Smith as Chairman and Mr. Warren Dill as Vice Chairman of the Indian River County
Professional Services Advisory Committee for the year 2008.
7.B. RESIGNATIONAND APPOINTMENT TO THE PARKS AND RECREATION
COMMITTEE (PRC)
On March 6, 2008, the City of Fellsmere Council appointed Mr. Bryce L. Harris,
Fellsmere Youth Recreation Coordinator, to serve as their representative to Indian River County
Parks and Recreation Committee, replacing Mrs. Sara Savage.
7. C. RESIGNATION OF.IUDGE APPOINTEE TO THE CHILDREN'S SERVICES
ADVISORY COMMITTEE
Judge Paul Kanarek, Ex -Officio voting member of the Children's Services Advisory
Committee, resigned due to a change in his court schedule.
7.D. 2008 ELECTION OF CHAIRMANAND VICE CHAIRMAN OF THE MPOCAC
On April 1, 2008, the members of the Joint MPO Citizens Advisory Committee
(CAC) and MPO Bicycle Advisory Committee (BAC), re-elected Ms. Juliana Young as Chairman,
and Mr. Robert Johnson as Vice Chairman of the MPOCAC for the year 2008.
4
April 8, 2008
7.E. 2008 ELECTION OF CHAIRMANAND VICE CHAIRMAN OF THE MPOBAC
On April 1, 2008, the members of the Joint MPO Bicycle Advisory Committee
(BAC) and MPO Citizens Advisory Committee (CAC), re-elected Ms. Libby Harrow as
Chairman, and Mr. Terry Goff as Vice Chairman of the MPOBAC for the year 2008.
7.F. RETIREMENT AWARD HONORING CAPTAIN GERALD RESCH ON HIS
RETIREMENT FROMINDIANRIVER COUNTYFIRE RESCUE
The award honoring Captain Gerald Resch was noted for the record.
8. CONSENT AGENDA
Commissioner O'Bryan pulled items 8.J. and 8.AA. for discussion.
Administrator Baird pulled items 8.N., 8.R., and 8.S. for discussion.
County Attorney Collins pulled item 8.LL. for discussion.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS—MARCH 07. 2008 TUR UMAR CH13, 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 March 7, 2008 to March 13, 2008, as
requested.
5
April 8, 2008
8.B. APPROVAL OF WARRANTS — MARCH 14, 2008 THRUMARCH 20, 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 March 14, 2008 to March 20, 2008, as
requested.
8.C. APPROVAL OF WARRANTS-MARCH21, 2008 THRUMARCH27.2008
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
March 21, 2008 thru March 27, 2008, as requested.
8.D. CORRECTIVE DEED OF THE MOUNT ZIONBAPTIST CHURCHPROPERTY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously authorized
the Chairman to execute the Corrective Deed, as
recommended in the memorandum of March 18, 2008.
CORRECTIVE COUNTY DEED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
6
April 8, 2008
8.E. PERMISSION TO ADVERTISE FOR PROPOSED PROPERTYEXCHANGE
WITHKENMCKELLAR - 31ST AVENUE R/W
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously authorized
staff to proceed with the required advertisements for the
property exchange, as requested in the memorandum of
March 19, 2008.
8.F. RESOLUTION CANCELING TAXES ON PR OPER TYAcouiRED BY THE CITY
OF FELLSMERE FOR WELL SITE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-039, cancelling certain taxes upon
publicly owned lands, pursuant to section 196.28, Florida
Statutes.
(Sonrise Villas II, LLC to City of Fellsmere)
8. G. APPROVAL OF REOUEST FOR PROPOSAL (RFP) 2008048
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously authorized
the Children's Services Advisory Committee (CSAC) the
use of the RFP and documents; and directed staff to proceed
with the advertising of the proposed Request for Proposal
2008048, as recommended in the memorandum of March
27, 2008.
April 8, 2008
7
8.H. RIGHT-OF-WAYACQUISITION UNITED CHURCH OF SEBASTIAN, 1251
SEBASTIAN BOULEVARD, SEBASTIAN, FL 32958
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1 the $720.00 purchase, and authorized the
Chairman to execute the Agreement, as recommended in
the memorandum of March 17, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L RESIGNATION AND APPOINTMENT TO THE HISTORIC RESOURCES
ADVISORY COMMITTEE (HRA C)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the removal of Dr. Kyle Gibson from HRAC and the
appointment of Mr. Ardra Rigby to fill the Citizen -at -Large
position, with his term expiring in 2010, as recommended
in the memorandum of March 27, 2008.
8. J. CONSTRUCTION CONTINGENCY FOR THE MAIN RELIEF CANAL
POLLUTION CONTROL SYSTEM AND CHANGE ORDER NO. 7 - PROJECT 0113
Commissioner O'Bryan voiced concern because after the original design had been
signed off, approved, and permitted, the Indian River Farms Water Control District (IRFWCD),
requested a design change. For this reason, he felt that Indian River Farms should be responsible
for paying the additional $41,000.00 to implement the design change, not the County taxpayers.
8
April 8, 2008
Public Works Director Jim Davis informed the Board that this project had been a
joint venture between the County and the Water Control District, and explained how, as the
construction progressed, there were minor "tweak issues" from both sides. He clarified that
anytime the County works in the IRFWCD canal system, we pay the cost, regardless of whether it
is before or after the permit is issued. He emphasized that some of the contingencies were
previously approved by the Board, and pointed out that most of the monies had been funded by
numerous grants, not local tax revenues.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to approve staff's
recommendation.
Under discussion, Commissioner Wheeler recommended there be an open house
after the project is completed so people could see how this system operates, and how much trash is
removed from the canal in order to keep the river clean.
County Administrator Baird clarified that operating costs are also affiliated with the
dollar figure, and mentioned that the facility would have a huge operating cost since staff would be
required to maintain it.
There was a CONSENSUS to have an open house after the
project is completed.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved: (1) Change
Order amounts totaling $151,393.59; of this $110,391.00
($70,735 and $39,656) will be added to the project's
construction contingency fund to replace an equal amount
9
April 8, 2008
already expended to comply with some of the IRFWCD
requests; the remaining $41,002.59 will be used in a change
order to Lucas Marine Construction, LLC, to construct the
headwall and sheet pile retaining wall system required by
IRFWCD; and (2) Authorized the Chairman to sign said
change order, as recommended in the memorandum of
March 27, 2008.
8.K WAL-MART STORE EAST L.P. 'S REOUEST FOR FINAL PLAT APPROVAL
FOR A REPLAT OF AND ANADDITION TO THE SAM'S CLUB AT VERO BEACH
COMMERCIAL PLANNED DEVELOPMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously granted
final plat approval for the replat of and an addition to the
Sam's Club at Vero Beach Commercial Planned
Development, as recommended in the memorandum of
March 17, 2008.
10
April 8, 2008
8.L. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT WITH
KIMLEY-HORNASSOCIATES, ING FOR INTERSECTION IMPROVEMENTS AT 66TH
AVENUE AND CR 510 AMENDMENT No. 4
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 4 with Kimley-Horn and Associates for
lump sum fee of $245,492.50 and hourly not to exceed
amount of $23,200.00 totaling $268,692.50, as
recommended in the memorandum of March 14, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. WORK ORDER NO. 5 (ENGINEERING/SURVEYING) MASTELLER, MOLER,
REED AND TAYLOR, INC. CR512 PHASE IV ROADWAYIMPROVEMENTS POND A
(RETENTIONAREA) BOUNDARYSURVEY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 5, authorizing the project as outlined in the
Scope of Services, and authorized the Chairman to execute
same, as recommended in the memorandum of March 28,
2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11
April 8, 2008
8.N. PROVIDING GEOTECHNICAL SERVICES FOR OSLO ROAD AND OSLO
ROAD BOAT RAMP IMPROVEMENTS, DUNKELBERGER ENGINEERING & TESTING, INC.
WORK ORDER No. 3, IRCPROJECT # 0381
Public Works Director Jim Davis recapped his memorandum of March 28, 2008,
and updated the Board on this matter. He acknowledged that in addition to replacing the boat ramp
at the east end of Oslo Road, the project would consist of paving 2,000+ feet of Oslo Road, and
adding paved parking. He told the Board that the public has objected to filling-in the ditch
(because of the small fish that breed in it), that they do not want the road paved, and that they
wanted the parking spaces for boat trailers scaled back to ten or twelve. He said that staff met with
the Corp. of Engineers and they said that if we want a permit by September, (which is the grant
deadline for when permits need to be issued) it would be an uphill battle, and that we would not get
the permit by September if we leave the project as is. He asked the Board for direction.
Vice Chairman Davis said he would like public access to the river through an
adequate boat ramp, and that the existing ramp is not safe. He did not feel that the road needed to
be paved, and suggested removing the "NO PARKING" signs so that people could park along the
road.
Commissioner O'Bryan requested Director Davis to show the aerial of the eastern
part of the property so he could reflect on the high ground that consists of mainly exotics. He
thought it could be cleared and expanded for up to seven boat trailer spots, which he felt would
minimize the wetland impact, and hopefully allow for the permit to be issued.
Discussion ensued between Director Davis and the Board regarding permitting, the
one-half acre minimum threshold, and reducing wetland impacts.
12
April 8, 2008
Director Davis felt that it would be favorably reviewed by the permitting agencies,
and that the County get the permit by the end of August.
Vice Chairman Davis said he had noticed the mangroves needed to be cut back for
easier boat launching, and recommended the regulatory agencies be contacted for permission to do
so.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Work Order No. 3, authorizing the professional services of
Dunkelberger Engineering and Testing, Inc., as outlined in
the Scope of Services, excluding Davin2 the road, and
authorized the Chairman to execute said Work Order, for a
fee not -to -exceed $12,489.50.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. CR 512, PHASE III, CR 510 - PROJECT #9611 & 0001 GEOTECHNICAL
SERVICES WORK ORDER #1— RELEASE OF RETAINAGE DUNKELBERGER
ENGINEERING & TESTING, INC.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
release of retainage to Dunkelberger Engineering & Testing
Inc. in the amount of $9,067.25 for Work Order #1, with
funding as specified, and as recommended in the
memorandum of April 1, 2008.
13
April 8, 2008
8.P. AMENDMENT NO. 8 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH CARTER ASSOCIATES. INC. 55TH 66THAVENUE PAVING IMPROVEMENTS NTH
STREET To SR 60) IRCPROJECTNO. 9810
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 8 for engineering services by Carter
Associates, Inc. for the total amount of $28,460.00, with
funding as specified, and as recommended in the
memorandum of March 25, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. PROFESSIONAL ENGINEERING SERVICES FOR COMPLETION OF EAGLE
TRACE SUBDIVISION—PHASE 2
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Professional Civil Engineering Services
Agreement to W.F. McCain & Associates, Inc. for a
contract "Not to Exceed" amount of $13,500.00 for
engineering services, and $3,000.00 for survey services, for
a total of $16,500.00, as recommended in the memorandum
of March 26, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14
April 8, 2008
8.R. OSLO ROAD BOAT RAMP, IRCPROJECTNo. 0381, GK
ENVIRONMENTAL, INC. SERVICES. ARCHAEOLOGICAL AND HISTORICAL SURVEY
A second archeological survey was performed at the Spoonbill Marsh site, and
Director Jim Davis noted that staff had not heard back from the first vendor. Staff requested this
item be postponed.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously agreed to
postpone this item until the April 15, 2008 BCC meeting,
pending an additional price quote.
8.S. FLORIDA INLAND NAVIGATIONDISTRICT 2008-2009 WATERWAYS
ASSISTANCE PROGRAMA UTHORIZING RESOL UTION FOR THE OSLO ROAD BOAT
RAMP
Director Jim Davis informed the Board that this Resolution is to be filed with the
FIND grant, and that it updates an earlier Resolution.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-040, for assistance under the Florida
Inland Navigation District Waterways Assistance Program.
Vice Chairman Davis requested that Director Davis obtain the required permits for
maintaining the shoulder, and cutting back the shrubs that grow into the parkway areas.
15
April 8, 2008
8. T. RELEASE OF DEMOLITIONLIEN
ON MOTION by Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute the Release of
Lien, for recording in the Public Records of Indian River
County, Florida, as recommended in the memorandum of
March 31, 2008. (Lyman L. Bass, Jr.)
RELEASE OF LIEN ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. U. MEDIATED SETTLEMENT. THOMAS ROYAL
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
settlement in the amount of $95,000.00 to Mr. Thomas
Royal; guideline attorney's fee and costs of approximately
$21,650.00, and purchase of an annuity for approximately
$67,400.00 to fund the $104,250.14 Medicare Set -Aside
required for his future medical care, as recommended in the
memorandum of March 24, 2008. (Workers'
Compensation Claim)
16
April 8, 2008
8. V. PERMISSION TO ADVERTISE FOR AMENDMENT TO STATE ROAD 60
INTEREST SHARE FEE ORDINANCE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously authorized
staff to proceed with the required advertisements for the
ordinance amendment, as recommended in the
memorandum of March 19, 2008.
8. W. ALDEA OF FELLSMERE DEVELOPER'S AGREEMENT FOR DEVELOPER
CONTRIB UTIONS TO INTERSECTION IMPROVEMENTS AT CR 512 AND ALDEA PROJECT
ENTRANCE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, the Aldea of Fellsmere Developer's
Agreement, as recommended in the memorandum of March
13, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
17
April 8, 2008
8.X. FINAL PAYMENT — ECOLOGICAL ASSOCIATES INC. CONTRACT
AMENDMENT NO.4
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the final payment on Contract Amendment No. 4 to the
Agreement with Ecological Associates, Inc., as
recommended in the memorandum of March 31, 2008.
NFWF Grant Agreement 2006-0114-005 provides 100%
funding on a cost reimbursement basis.
8. Y. GREAT LAKES DREDGE AND DOCK COMPANY FINAL PAYMENT AND
RETAINAGE RELEASE, SECTORS I & 2 BEA CHRESTORATION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the final payment application to Great Lakes Dredge and
Dock Company for sectors 1 and 2 beach restoration, as
recommended in the memorandum of March 28, 2008.
This work is subject to cost sharing with the Federal
Emergency Management Agency under PW#458 at a 95%
level.
18
April 8, 2008
8.Z. RIGHT-OF-WAYACQUISITION, GRACE BAPTIST CHURCH OF VERO
BEACH, INC., 1285 43RD A vENUE, VERO BEACH
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, the $1,275.00 purchase, and authorized
the Chairman to execute the Agreement with Grace Baptist
Church of Vero Beach, Inc., as recommended in the
memorandum of March 25, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.AA. RELEASE OF RETAINAGE ($25, 635.00) TO SUMMERLIN'S MARINE
CONSTRUCTION, LLC FOR CONSTRUCTION OF THE BOARDWALKS AT THE NORTH
SEBASTIAN CONSERVATIONAREA, PER BID #2007035
Commissioner O'Bryan announced that he pulled this item as an opportunity to
recognize Roland DeBlois and Beth Powell for a job well done.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
the full release of the retainage, in the amount of
$25,635.00, payable to Summerlin's Marine Construction,
LLC, as recommended in the memorandum of March 31,
2008.
19
April 8, 2008
8.BB. RELEASE OF RETAINAGE — EDL UND, DRITENBAS, BINKLEYARCHITECTS &
ASSOCIATES, P.A., DESIGN CONTRACT FOR THE PARKS MAINTENANCE COMPLEX
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the retainage release request in the amount of $4,769.04, as
recommended in the memorandum of March 26, 2008.
8. CC: RELEASE OF FINAL PAYMENT— CROSS ENVIRONMENTAL SERVICES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
final payment to Cross Environmental Services, in the
amount of $50,511.10, as recommended in the
memorandum of March 31, 2008.
8.DD. APPROVAL OFBID AWARD FOR IRCBID NO.2008031, ANNUAL BID FOR
TRAFFIC SIGNAL WIRE AND HARD WARE, PUBLIC WORKS DEPARTMENT I TRAFFIC
ENGINEERING DIVISION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously:
(1) Awarded bid items 1 through 13, and 29 through 30, to
Rainbow Distributors, USA, Inc. (Lake Mary, FL), the
lowest most responsive and responsible bidder on these
items; (see next page for continuance of motion)
20
April 8, 2008
(2) Awarded bid items 14 through 28 to American Wire
Group (Hallandale, FL), the lowest most responsive and
responsible bidder on these items;
(3) Authorized the Purchasing Division to issue blanket
purchase orders or individual job purchase orders, as
needed, for the period of April 2008 through September 30,
2008 with the recommended bidders; and
(4) Authorized the Purchasing Manager to renew this bid
for two (2) additional one (1) year periods subject to
satisfactory performance, zero cost increase, vendor
acceptance and the determination that renewal of this
annual bid is in the best interest of Indian River County, all
as recommended in the memorandum of March 12, 2008.
Staff recommended awarding this bid as a dual award since
no individual bidder submitted a bid that included all items.
The two lowest total bids only included a limited number of
items. This method provided the additional cost savings to
the County as opposed to awarding to a single vendor.
21
April 8, 2008
8.EE. INDIANRIVER COUNTYAPPOINTMENTS TO THE ECONOMIC OPPORTUNITIES
COUNCIL (EOC)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously appointed
Mr. Jose Gerardo Martinez, to be seated as the third public
sector representative to the EOC, replacing Mr. Jerry
Morgan, deceased, whose term expires in 2009, as
requested in the memorandum of March 26, 2008.
8.FF. APPROVAL OFAPPLICATIONNO. 4—FINAL FOR UTILITIES LABOR
CONTRACTOR UNDERGROUND UTILITIES. INC. FOR CONSTRUCTION OF FIRE
HYDRANT REPLACEMENTS AT THE VISTA VILLAS, VISTA GARDENS, GRAND ROYAL
ASD AND VISTA VILLAS CONDOMINIUMS - UCP 3021
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the total project amount of $107,764.80, and authorized the
payment of Application No. 4 — Final to Underground
Utilities, Inc. for $5,388.24, as recommended in the
memorandum of March 18, 2008.
22
April 8, 2008
8. GG. FINAL PAYMENT TO CARTER ASSOCIATES, INC. FOR SURVEYSERVICES FOR
SAN SEBASTIAN SPRINGS WATER ASSESSMENT PROJECT - UCP 3014, WIP NO.
473-169000-08502
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Final Invoice dated March 7, 2008 from Carter
Associates, Inc. in the amount of $24,400.00 for the survey
services, as recommended in the memorandum of March
20, 2008. The final payment of $24,400.00 will complete
the County's obligation to Carter Associates, Inc.
8.HIL MASTER IN-LINE PUMP STATIONAT 1550 9TH STREET SW, UCP NO.2628,
WIP NUMBER 472-169000-06531, APPROVAL OF CHANGE ORDER No. 2. APPROVAL
OF FINAL PAYMENT TO CONTRACTOR, TLCDIVERSIFIED, INC. OFPALMETTO, FL,
AND RELEASE OF RETAINAGE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 2 for $3,950.00; approved the total
amount of the project as $1,520,909.27; and approved
Application for Payment No. I I — Final as final payment to
TLC Diversified, Inc. of Palmetto, FL, in the amount of
$186,921.92 as final payment, as recommended in the
memorandum of March 13, 2008. The final payment will
23
April 8, 2008
release the retainage and complete the County's obligation
to TLC Diversified, Inc. of Palmetto, FL.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.HL PARTIAL RELEASE OF RETAINAGE — WORK ORDER #4, COASTAL TECHNOLOGY
CORPORA TION INC.. ,SECTOR 3 BEA CHRESTORATION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 4, the partial retainage release to Coastal
Technology Corporation, Inc., in the amount of $13,761.52,
as recommended in the memorandum of March 18, 2008.
The work contained in the Work Order is subject to 50%
cost sharing with the Florida Department of Environmental
Protection under Grant Agreement 03IRl.
8.JJ. WORK ORDER NO.3 (ENGINEERING/SURVEYING), KIMLEY-HORNAND
ASSOCIATES, INC. FINAL PAYAND RELEASE OFRETAINAGE, KROEGEL HOMESTEAD
SUBDIVISIONICOUNTYPRESERvATIONLAND, BOUNDARY/SPECIFIC PURPOSE
SUR VEYAND RIPARIAN RIGHTS STUDY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Invoice Number 3371150, dated March 7,
2008, for final payment and release of retainage to
Kimley-Horn and Associates, Inc., in the amount of
24
April 8, 2008
$8,719.75, for Work Order No. 3, with funding as
specified, and as recommended in the memorandum of
March 25, 2008.
8.KK. GIFFORD HEALTH CENTER — GRADING. PAVING. DRAINAGE & BUS SHELTER
IMPROVEMENTS — IRC BID NUMBER 2007027. FINAL PAY & RELEASE OF
RETAINAGE FOR L. H. TANNER CONSTRUCTION CORP.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the final payment and release of retainage per L.H. Tanner
Construction Corporation's Application for Payment No. 4,
dated February 6, 2008, in the amount of $20,767.52, as
recommended in the memorandum of March 25, 2008.
8 -LL- ACOUISITIONOFRIGHT-OF-WAYALONG 66THAVENUE
Deputy County Attorney William DeBraal asked for this item to be pulled from the
Consent Agenda, to request payment of an additional engineering bill that had been received in the
amount of $2,047.50, to Morris Engineering.
Concerns were expressed by the Board regarding impact fees, and whether it would
be beneficial to work with an attorney. Although this would mean additional costs, Attorney
DeBraal believed it was a compromise that could shorten the process.
Chairman Bowden wanted clarification of the paid attorney fees, and mentioned that
it might be time to review it again.
25
April 8, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Contract for purchase of the Banack parcel, as
recommended in the memorandum of April 2, 2008.
Clerk's Note: There was no Board action regarding the expenditure of $2,047.50 to
Morris Engineering, as requested by Attorney DeBraal.
8.MM. GH VERO BEACH DEVELOPMENT INC'S REOUEST FOR A REPLAT OF A
PORTION OF THE FALLS AT GRAND HARBOR TO BE KNOWNAS GRAND HARBOR PLAT
#30
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously granted
final plat approval for Grand Harbor Plat #30, as
recommended in the memorandum of March 24, 2008.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. ROYRAYMOND, INDIANRIVER COUNTYSHERIFF
9.A.1. BUDGETAMENDMENT
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Sheriff's request to use proceeds from the public auction of
surplus property and vehicles to acquire new like -kind
property, as requested in the letter dated March 24, 2008.
26
April 8, 2008
9.A.2. DEPARTMENT OF TRANSPORTATION GRANTASSISTANCE -AGGRESSIVE
DRIVER PROGRAM
Commissioner O'Bryan objected to a portion of the letter from Sheriff Raymond,
dated March 24, 2008, where it stated that, "Due to the fact that there are no Board of County
Commissioners meetings before this application's due date, the application will be forwarded to
the Florida Department of Transportation." He emphasized that the date on the application was
February 20th, and that there were three meetings in March where the Sheriff could have brought
this to the Board.
Kim Poole, Planner for the Indian River County Sheriff's office, said that the date
on the application was incorrect. She explained that the application was not completed until
March 20th, and since there were no meetings after that, it was forwarded to the Florida
Department of Transportation. She took full responsibility and acknowledged that the corrected
application now reflects the proper date.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Sheriff's Office to request grant dollars from the Florida
Department of Transportation to assist their Aggressive
Driver Program, as requested in the letter dated March 24,
2008.
27
April 8, 2008
9.A.3. U. S. DEPARTMENT OF .JUSTICE. B UREA U OF .JUSTICE ASSISTANCE
BULLETPROOF VEST PARTNERSHIP PROGRAM
The Board voiced concerns over matching funds from the Sheriff's budget, and why
the bulletproof vests had not been budgeted.
Harry Hall, Comptroller of the Sheriff's Department, explained that the vests were
not considered capital items, and that they were accounted for in the expense budget, along with
the uniforms. He said he would provide the Board with additional information.
Discussion ensued regarding responsibility issues, the number of vests to be
purchased, and the five year replacement program.
ON MOTION by Commissioner Flescher, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Sheriff's office request to grant dollars for the purchase of
20 replacement bulletproof vests through the U.S.
Department of Justice, Bureau of Justice Assistance
Bulletproof Vest Partnership Program, as requested in the
letter dated March 26, 2008.
10. PUBLIC ITEMS
10.A. PUBLICHEARING
28
April 8, 2008
10.A.1. KGP, LLC'S REQUEST TO REZONE f1.57ACRES FROM IG TO CG
(QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating used a PowerPoint presentation
(copy on file) to recap his memorandum, dated March 17, 2008. He explained that the purpose of
the rezoning was to develop the subject property with retail and office uses.
The Chairman opened the public hearing; there were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Ordinance 2008-007, amending the Zoning Ordinance and
the accompanying zoning map for ±1.57 acres located
approximately 580 feet west of U.S. 1 and approximately
130 feet south of 13th Lane, from IG, General Industrial
District, to CG, General Commercial District; and
providing codification, severability, and effective date.
29
April 8, 2008
10.A.2 ETAYEM, LLC'S REOUEST TO REZONE f 1.23 ACRES FROM CN TO CL
(OUASI JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating used a PowerPoint presentation
(copy on file) to review his memorandum, dated March 17, 2008. He explained that the purpose of
this request is to secure the necessary zoning to develop the subject property with uses permitted in
the Limited Commercial District (CL).
The Chairman opened the public hearing; there were no speakers and the Chairman
closed the public hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Ordinance 2008-008, amending the Zoning Ordinance and
the accompanying Zoning Map for ± 1.23 acres located at
the northwest corner of 25th Street, Southwest and 27th
Avenue S.W., from CN, Neighborhood Commercial
District, to CL, Limited Commercial District; and
providing codification, severability, and effective date.
30
April 8, 2008
10.A.3. CONSIDERATION OF THE ASSIGNMENT, SETTLEMENT AND COVENANT
AGREEMENT BETWEEN THE COUNTYAND THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT; APPROVAL OF USING ENVIRONMENTAL BOND FUNDS TO
PURCHASE REAL PROPERTYINTEREST IN THE CORRIGAN 458.71 ACRES AND THE
SAND LAKES TRACT
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Through a PowerPoint presentation, Assistant County Attorney George Glenn
recapped the information contained in his memorandum, dated April 2, 2008. He displayed aerials
of the two properties, and reported that for $3,204,670.00 the County would be able to obtain the
following:
(1) The conservation easement in 457.81 acres of valuable conservation land;
(2) An undivided 18.23% fee ownership in 1,256 acres of valuable conservation
land;
(3) A commitment from St. Johns River Water Management District to provide
access and passive recreation to the public; and
(4) A settlement of ongoing litigation between the County and St. Johns River
Water Management District.
In response to Commissioner Wheeler's queries, Attorney Glenn explained the
advantages of taking the 460 acre parcel for a conservation easement, and acknowledged that he
did not foresee any management or liability responsibilities. Even though Commissioner Wheeler
did not agree with the advantages, he supported a third parry conservation easement on the 460
(acres) tract.
31
April 8, 2008
Commissioners Davis, Flescher, and O'Bryan, voiced their concerns and
reservations over the conservation easement, and appraisals.
Attorney Glenn explained the logic between the parent tract value and the stand
alone value.
County Attorney Collins provided the appraisal details giving the reasons for the
County challenging the sale of the property, and explained the County's main objective. He felt
that in order to resolve the District's dispute with the Corrigans, that both the 1,256± acres of
District owned land, known as the Sand Lakes Track, and the 457± acres of land, owned by the
Corrigans, would need to be kept in conservation. He told the Board that both parties would have
an ownership interest, and that neither would be able to sell without the other consenting.
Commissioner O'Bryan endorsed the investment and stressed that it would allow for
future partnerships with St. Johns River Water Management District.
The Chairman opened the public hearing.
Fred Mensing, 7580 129th Street, Sebastian, wanted to know if there would be
public access to the property, and Attorney Glenn told him that the District would be legally
obligated to ensure public access.
David Cox, Periwinkle Lane, asked the Board to consider returning the proposal to
the Land Acquisition Advisory Committee (LAAC) so they could review it again with more
current information. He considered the most appropriate form of appraisal to be the stand alone,
and because of the current economic climate, he wanted the Board to "think long and hard" before
moving forward.
32
April 8, 2008
A lengthy discussion ensued regarding the general flow of water, the back-up of
water on the Corrigan's property, LAAC procedures, and the new appraisals.
Renee Renzi, Waverly Place, felt this situation was convoluted. She
recommended sending the proposal back to the LAAC for further review.
Robert Christianson, St. Johns Water Management District, divulged that the
District has a contractual obligation to close the transaction with the Corrigans in April. He
indicated that the District had come to an agreement with the County in late February and that they
had been working to blend their processes, procedures, and timelines with the County. He pointed
out that it was their timeline that rushed the process, and requested the Board to not delay the
process by sending it back to the LAAC because it would put the District at a disadvantage in
honoring their timeline.
Richard Baker, Pelican Island Audubon Society and Chairman of the LAAC,
expressed the significance of the lands and the importance of maintaining them. He believed the
overall deal sounded good and suggested the County buy the 460 acres at the appraised value, and
use the remaining money for the Sand Lakes Tract. Doctor Baker did not see the necessity of
sending it back to LAAC.
Robert Christianson offered a proposal to the Board, which brought the undivided
percentage interest to 23.26.
Attorney Collins indicated that the County would get a higher percentage of
ownership by increasing the undivided interest from 18 to 23 percent.
Joseph Paladin supported the deal and wanted to see a compromise between the
County, St. Johns, and staff. He suggested the County keep some of the money and just pay a
33
April 8, 2008
percentage of the appraised value. He encouraged the Board to hold some of the money for future
land purchases.
Commissioner Wheeler supported Mr. Christianson's proposal; however, he voiced
concern over it setting a precedent.
David Cox clarified that securing the Sand Lakes Tract in conservation was the
main goal, and urged the County to purchase the 460 tract for the appraised value.
Jens Tripson, 2525 14th Street, urged the Board to purchase the tract of land.
There were no additional speakers, and the Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Chairman Bowden, the Board unanimously approved the
Assignment, Settlement and Covenant Agreement;
approved the purchase of the 457.81 acre tract (for
appraised value), the Sand Lake Tract for $2,800,000.00;
retained approved retaining a conservation easement on the
tract and deed the tract to the District for an 23.29%
undivided interest in the Sand Lake Tract; and authorized
the Chairman to execute all necessary documents.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called a recess at 11:26 a.m. and reconvened the meeting at 11:42
a.m. with all members present.
34
April 8, 2008
10.B. PUBLIC DISCUSSIONITEMS
10.B.1. REQUEST TO SPEAK FROM JOSEPHPALADIN, PRESIDENT. BLACK SWAN
CONSULTING, REGARDING IMPACT FEES —SHOULD THEYBE RAISED, LOWERED, OR
STAY THE SAME
The Chairman informed the Board that this item was deleted.
10.B.2. REQUEST TO SPEAK FROM JOE T. WIGGINS REGARDING RIGHT-OF-WAY
AND TRAILER
Clerk's Note: This item was heard following Item 10. B. 3. and is placed here for
continuity.
Joe Wiggins, 895 11th Street SW, wanted to bring two issues before the Board. He
said the first item was brought before the Board on July 10, 2007, when Code Enforcement asked
him to remove the trailer from the property where his sick mother was living. He emphasized that
the other trailers that were supposed to be removed from the property are still there. Mrs. Wiggins
reminded the Board that staff was instructed to ensure that everyone would be treated equally, but
she did not feel they were. Mr. Wiggins' second issue was in reference to the right-of-way to his
property. He stressed concerns that since the current owner had purchased the property he could
not get to his, as he did before. He wanted the Board to eradicate this problem.
Attorney DeBraal indicated that he had met with Mr. And Mrs. Wiggins and that
they provided a Deed from 1986 showing where the County purchased a 10 to 15 foot strip of
property from the prior land owner, Homer Cummings. He specified that it would be time and
work intensive to locate this property because the deed recites access to eleven different parcels,
but he felt sure the access issue could be resolved. With the Board's permission, he wanted the
35
April 8, 2008
County Surveyor to provide the location of this property that is listed in the Deed, since it is owned
by the County.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the request to seek assistance from the County Surveyor in
locating said property.
Environmental Planning Chief Roland DeBlois provided the Board with a summary
of how staff had gone through the code enforcement process of evidentiary hearings, and due
notice and evidence, regarding the subject right-of-way..
10.B.3. REOUEST TO SPEAK FROM FRED MENSING REGARDING PRACTICAL BUDGET
CUTS
continuity.
Clerk's Note: This item was heard prior to Item 10.B.2. and is placed here for
Fred Mensing announced that he would be a candidate for the position of County
Commissioner - District 1, and recapped his proposal for cutting costs (copy on file).
NO ACTION REQUIRED OR TAKEN
10.B.4. REQUEST TO SPEAK FROM FRANKZORC REGARDING MATCHING FUNDS FOR
BOARDWALKAT ST. FRANCIS MANOR
Clerk's Note: This item was heard following Item 10.B.5. and is placed here for
continuity.
36
April 8, 2008
Frank Zorc summarized the outcome from the December 18, 2007 Board meeting,
reminding the Commissioners that this issue, building a boardwalk at St. Francis Manor, had been
brought forward, and they had voted unanimously to contribute matching funds with the City, not
to exceed $20,000.00, towards the total project cost of $40,000.00. He informed the Board that
Mr. Click would donate $10,000.00 toward the construction costs, the City would raise $15,000.00
through fund raisers, and he wanted the County to donate $15,000.00 (instead of the original
motion of $20,000.00), towards the total cost of $40,000.00.
Discussion ensued among the Board regarding concerns over cutting the budget,
cutting services, the probability of laying people off, and how the boardwalk did not seem as
important today as it did three months ago, before the January vote to cut the budget. The
Commissioners encouraged fund raisers, and even volunteered their time, but said they could not
justify allocating the funds at the present time due to budgetary constraints.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Wheeler, the Board unanimously rescinded
the December 18, 2007 motion to contribute funds not to
exceed $20,000.00 towards completion of the boardwalk,
contingent upon the City matching said funds.
1O.B.S. REOUEST TO SPEAK FROM JOSEPHPALADIN. CHAIRMAN, GROWTH
A WARENESS COMMITTEE. REGARDING MAINTENANCE BONDS
Clerk's Note: This item was heard following 10.B.2. and is placed here for
continuity.
37
April 8, 2008
Joseph Paladin brought this item forward from a prior meeting (April 22, 2008).
He wanted to keep the Maintenance Bond as is, but suggested cleaning up the wording to reflect,
"any A rated bond."
Attorney Collins did not think this would be the best direction to pursue and
explained the reasons why.
market.
Administrator Baird told how the ratings had dropped, due to the current financial
Management and Budget Director Jason Brown discussed the ratings, and suggested
adding a number to the letter code. He felt that due to the financial market, the higher ratings
would be harder to obtain so he had no objections to relaxing the credit quality down to an A or A-.
Due to the conditions in the financial market, Commissioner Wheeler wanted to see
Letters of Credit in lieu of Bonds. He felt this would keep the County informed as to whether the
developer is or is not under -capitalized when they start to develop. He felt that during hard times is
when things should be tightened up, not relaxed.
Joseph Paladin rebutted Commissioner Wheeler's comments regarding Bonds.
Director Brown suggested using a minimum Bond rating of A -VI.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner O'Bryan, for discussion, to
approve the bond rating to A -VI.
April 8, 2008
38
Under discussion, Commissioner Wheeler pointed out that the Board had decided in
the past to not make decisions "on the fly." He suggested, since this was under Public Discussion
Items, that this be returned to staff, receive backup material, debate it, and vote on it then.
The Chairman CALLED THE QUESTION and the Motion
carried 4-1 (Commissioner Wheeler opposed) to approve
the bond rating of A -VI.
After a brief debate, it was decided that Attorney Collins would bring an Ordinance
Amendment, changing the requirement in the Ordinance from A -VII to A -VI, back to the Board
for final action during the first meeting in May.
Chairman Bowden proposed that Commissioner Wheeler bring the subject of not
voting on anything that did not have backup material, nor anything that did not include staff's
recommendation, under "his" matters so they could motion, and possibly make it a policy.
10. C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR'S MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DE VELOPMENT - NONE
12.B. EMERGENCYSER VICES - NONE
12C GENERAL SERVICES - NONE
39
April 8, 2008
12.D. HUMANRESOURCES
12.D.I. COLLECTIVEBARGAININGAGREEMENTBETWEENINDIANRIVER COUNTY
AND IAFF
Human Resources Director Jim Sexton reported that the collective bargaining
agreement between the County and the International Association of Fire Fighters (IAFF), Local
2201, was ratified by their membership on March 21, 2008. He acknowledged that it contained the
same information that was discussed at the executive session.
ON MOTION by Commissioner Wheeler, SECONDED by
Chairman Bowden, the Board unanimously approved the
one year Collective Bargaining Agreement between Indian
River County and IAFF, Local 2201, effective October 1,
2007, through September 30, 2008, as recommended in the
memorandum of March 27, 2008.
Joe Earman, Vice President IAFF Local 2201, voiced his appreciation of this
agreement, especially during the time of budget and tax cuts. He told how the aspect of public
safety had changed over the years, and requested the Board continue to give public safety a
priority.
Charlie Wilson, 1936 19th Avenue, wanted to know what changes were made to the
agreement. Administrator Baird informed him that the changes dealt with the cost of living
adjustments (COLA), and Director Sexton gave the details.
Director Jason Brown provided the Board with the total percentages of increase over
last year's budget.
40
April 8, 2008
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.D.2. BL uEMEDICARE ADVANTAGE PLAN FOR RETIREES
Gregg Kunemund, Group Retiree Product Manager from Blue Cross Shield,
briefed the Board using a PowerPoint presentation (on file) to detail the B1ueMedicare Group
Retiree plans and products. He spoke about benefit comparisons, Medicare assignments,
out -of -network benefits, and reiterated that the plan would be optional for retirees, not mandated.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman Bowden, the Board
unanimously approved the offering of the Blue Cross Blue
Shield B1ueMedicare Advantage Plan to eligible retirees on
a voluntary basis, effective June 1, 2008, as recommended
in the memorandum of April 2, 2008.
Discussion ensued regarding extra benefits and options to the retirees, eligibility,
and the cost savings to the County and employees.
Loraine Post, 8308 Deland Avenue, St. Lucie County, voiced concern over her
premiums, ambulance transporting, and asked questions relating to Medicare.
Human Resources Director Jim Sexton announced that any questions or concerns
should be directed to Ann Rankin in the Human Resources Office. He said that meetings would be
offered to the retirees once the directive has been given. He divulged that there will be an open
enrollment every year where dependents could be added or removed, or the plan dropped, but
emphasized that once the retiree elects the B1ueMedicare Advantage Plan, they cannot go back to
their existing plan.
41
April 8, 2008
The Chairman CALLED THE QUESTION. The Board
unanimously approved the offering of the Blue Cross Blue
Shield B1ueMedicare Advantage Plan to eligible retirees on
a voluntary basis, effective June 1, 2008, as recommended
in the memorandum of April 2, 2008.
12.D.3. HEALTHINSURANCE SUBSIDYPOLICYFOR RETIREES
Human Resources Director Jim Sexton recapped his memorandum, dated April 2,
2008, declaring the significant cost savings to the County, should eligible retirees elect to switch to
the BlueMedicare Advantage Plan. He explained that due to the exorbitant cost of funding future
retiree benefits under the new legislation, employees who retire prior to June 1, 2008 would be
"grandfathered" under the current policy, and those employees serving more than 15 years (not
eligible for Medicare), would earn a 2% subsidy per year of service, up to 40%, to be used toward
the County's self-insured plan's premiums. Once the retiree becomes Medicare eligible, the
subsidy would cease, and those hired on or after February 1, 2006, would not be eligible for a
subsidy. On or after June 1, 2008, employees serving less than 15 years would not be eligible for
any subsidy.
Administrator Baird clarified that this was a pilot program
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Bowden, the Board unanimously approved the
revised Retiree Health Insurance Subsidy Policy, effective
June 1, 2008, as recommended in the memorandum of
April 2, 2008.
42
April 8, 2008
In response to Vice Chairman Davis's query, Director Sexton affirmed that this
would be a policy change by the Board, and that he would meet with the Union Representatives to
bargain the impacts at a later date.
The Chairman called a recess at 1:10 p.m. and reconvened the meeting at 1:24 p.m.
with all members present.
12.E. HUMAN SER VICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
12.G.1. VETERANS COUNCIL OFINDIANRIVER COUNTY, INC. ANNUAL FINANCIAL
A UDIT
Director of Management and Budget Jason Brown informed the Board that this item
was being brought back from last month. He reviewed his memorandum dated April 2, 2008, and
asked the Board for direction.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Bowden, the Board unanimously approved
Alternative No. 2 to continue funding the Veterans Council
as staff felt that funds had been appropriated properly, as
recommended in the memorandum of April 2, 2008.
43
April 8, 2008
12G.2 PROPERTYICASUALTYINSURANCE RENEWAL 2008-09
Director Brown summarized his memorandum of April 1, 2008, and requested the
Board accept staff's recommendation for increasing loss limits from $50,000,000 to $75,000.000.
ON MOTION by Commissioner Flescher, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
renewal of the property/casualty insurance program as
proposed by Gallagher, and recommended by staff in the
memorandum of April 1, 2008.
There was a brief discussion pertaining to the definitions of hurricanes and tropical
storms, and My Safe Florida inspections.
12.IL RECREATION - NONE
12.L PUBLIC WORKS
12.L 1. 16T" STREET PAVING BETWEEN 74TH AVENUE AND 6 TRA VENUE — FLEMING
RIGHT-OF-WAY
Through a PowerPoint presentation, Assistant Public Works Director Chris Mora
provided background information on the unpaved road project from 16th Street between 74th
Avenue and 66th Avenue, furnished roadway design options, and cost comparisons. He also
briefed the Board on issues that had been raised by Mrs. Fleming, the property owner to the north
of the Indian River Farms Water Control District canal. He recapped the four options in his
memorandum and requested the Board provide direction.
44
April 8, 2008
Mrs. Fleming expressed how her yard is very small, and felt that to give up any of it
would be an obstacle. She voiced concern over the appraisals, and she did not think the County
should take advantage of a depressed market. She believed the best option for the long term would
be Option No. 2, to pipe the canal.
Discussion ensued regarding the huge cost to the County, should piping the canal be
an option, the issue of safety, and installing a guardrail.
MOTION WAS MADE by Commissioner Wheeler, to
approve Option No. 2 — Pipe Canal: Pipe the 30 foot wide
Indian River Farms Water Control District (IRFWCD)
canal and relocate the proposed road south of the present
design alignment. There was no SECOND. MOTION
DIED.
After discussing where the funds would come from, Public Works Director Jim
Davis acknowledged that there was a Developer's Agreement with Pointe West, and they would be
cost sharing a portion of paving a one mile stretch of the road.
Ted Robinson, Indian River Shores, wanted the Board to consider: (1) if this is a
reasonable necessity; (2) if this is a legitimate public purpose; (3) if this is the highest and best use
of taxpayers' money at this time; (4) if this would benefit all individual and business taxpayers
equally, or just a select few; and (5) if the social and economic benefits of taxpayers would be
greater than the cost of the project.
Chuck Mechling addressed Mr. Robinson's concerns and initiated a discussion
regarding the location of the completed road, piping the canal, and guard rail compliance.
45
April 8, 2008
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to approve
Option 4 — Guardrail Canal.
There was a brief discussion regarding the guardrail option and where it would be
situated, the speed limit being lowered, piping the canal, the Flemings selling the property, the
level of necessity, and eminent domain.
The Chairman CALLED THE QUESTION. The Board
unanimously: (1) Authorized the design and construction
of 16th Street to continue in the vicinity of the Fleming
property along the alignment of Option 4 — Guardrail
Canal: To obtain 14%2 feet of right-of-way from the
Flemings and relocate the proposed road south of the
present design alignment, and install guardrail between the
road and the canal; (2) Authorized an updated appraisal for
the right-of-way needed from the Flemings for the
construction of 16th Street in accordance with the chosen
design; (3) Approved that a final offer be made to the
Flemings for the appraised value of the right-of-way; and
(4) Authorized staff to draft a Resolution of Necessity for
the Fleming property, as recommended in the
memorandum of April 1, 2008.
Ted Robinson reemphasized that the Flemings did not wish to sell their property,
and asked for legal guidance. Attorney Collins explained Mrs. Fleming's rights and the law as it
applies to Statutory requirements, and Assistant County Administrator Mike Zito detailed the
process.
46
April 8, 2008
12.J. UTILITIES SERVICES
12.J.1. CONSUL TING SER VICES WORK ORDER No. 12 WITH MASTELLER AND MOLER
FOR THE DEVELOPMENT OFA NORTH COUNTYRECLAIMED WATER SYSTEM
IMPLEMENTATION PLAN — UCP 2 74 7
ON MOTION by Commissioner Flescher, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Work Order No. 12 with Masteller and Moler (M&M) in
the total amount of $321,847.00; to provide survey, design,
permitting, bidding assistance, construction services; and
authorized the Chairman to execute the same, as
recommended in the memorandum of March 20, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.12. APPROVAL OFBID AWARD FOR IRC BID NO. 2008033, CONSTRUCTION OF
,SPOONBILL MARSH WETLAND FACILITY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Bid award to Timothy Rose Contracting, Inc., as the
lowest most responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid; approved
the Agreement; and authorized the Chairman to execute
same when required performance and payment bonds have
been submitted along with appropriate certificate of
47
April 8, 2008
insurance and the County Attorney has approved the
agreement as to form and legal sufficiency, as
recommended in the memorandum of March 24, 2008.
Commissioner O'Bryan asked if the awarded vendor, Timothy Rose Contracting,
was experienced with working in wetland areas.
Utilities Director Erik Olson acknowledged that staff considered the same concern,
but after numerous conversations with the vendor regarding the criteria, the vendor said that the
project would be handled with "kid gloves." He said that staff would walk it through, and be
attentive to it. He also noted that the re -plantings would be accomplished with the assistance of the
Marine Resource Council.
13. COUNTY ATTORNEY MATTERS
B.A. ACOUISITIONOF WINGS OFJOYPROPERTYFOR 58THAVENUE/STATE
ROAD GO INTERSECTIONIMPROVEMENTS
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
purchase of the entire Wings of Joy property, and
authorized the Chairman to execute the Agreement to
Purchase and Sell Real Estate, as recommended in the
memorandum of April 2, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
48
April 8, 2008
14. COMMISSIONER ITEMS
14.A COMMISSIONER SANDRA L. BowDEN. CHAIRMAN -NONE
14.B. COMMISSIONER WESLEY S. DA VIS. VICE CHAIR - NONE
14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.D. COMMISSIONER PETER D. 01BRYAN
14. D.1. CODE ENFORCEMENT ISSUES IN VERO HIGHLANDS
Commissioner O'Bryan briefly spoke about an on-going problem that relates to
recent changes made to Chapter 973. He described how an abandoned house in Vero Beach
Highlands had been vacant for over two years, and in October or November of 2007, the Code
Enforcement Board levied a $100.00 per day lien, but the homeowner had not responded. Two
months ago a massive fly infestation occurred in the vicinity of this house. Staff, an Entomologist,
and the Environmental Health Department went to the house to try to ascertain the source of the
fly. Since this house was already under a lien, further notice was not required before the County
took action. Commissioner O'Bryan said the Attorney for the Code Enforcement Board differed;
her opinion was that additional information was required, and she recommended the case not be
heard at the March Code Enforcement Board meeting. Chief DeBlois corrected the problem and
said that proper notice would be taken, and the owner would be notified for the upcoming April
Code Enforcement Board.
Florence Howe told the Board how the Phorid flies invaded her and her neighbors'
homes (copy of her letter on file). She pleaded for the Board's immediate action due to public
health and safety issues.
49
April 8, 2008
Chief DeBlois recalled how the Board had recently gone through the process to
update the Public Nuisance Notice Ordinance to allow the County to enter private property and
clean it up. He said that the Public Nuisance Notice is now incorporated in all notices. He pointed
out that the Code Board needs to make a finding of serious health and safety issues, and that aside
from the fly issues, overgrown weeds do not present a serious health/safety issue, but an open,
unsecured house does. He stressed that there was no guarantee that cleaning up the house would
correct the fly issue.
Vice Chairman Davis expressed that this was why the Ordinance was amended,
because Vero Lake Estates had this same problem. He said the residents were being fined, but the
Ordinance would not allow the County to go in for abatement, since it is private property.
Discussion ensued regarding extermination processes, the urgency of correcting the
situation before future neighborhoods encounter the same problems, legal issues, and fast -tracking
this situation to Code Enforcement to start the process.
Vice Chairman Davis concluded the discussions by informing Mrs. Howe that she
had the Board's attention, and that they would give staff direction as soon as they feel they have
the legal backing to remedy the situation.
14.E. COMMISSIONER GARY C. WHEELER - NONE
50
April 8, 2008
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are
being prepared separately and appended to this document.
15.A.] APPROVAL OF MINUTES, MEETING OF FEBRUARY 19, 2008
FAM, 7791=11F., fiv-)TVAMITUM"
COMMUNITY COLLEGEANDINDIANRIVER COUNTYEMERGENCYSERVICESDISTRICT
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared separately and appended to this
document.
1 S.B.I. APPROVAL OF BID AWARD FOR IRC BID NO.2008040. FURNISHAND
INSTALL FENCING AT LANDFILL. SOLID WASTE DISPOSAL DISTRICT
15. C. ENVIRONMENTAL CONTROL BOARD - NONE
51
April 8, 2008
B-1130 be e3a
16. 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 2:56 p.m.
ATTEST:
Jeffre arton, Clerk
Minutes Approved: MAY 2 0 2008
BCC/LAA/2008Minutes
April 8, 2008
04�
4ra L. Bowden, Chairmajj&(�A, 4an
52 ; X 13 4 P66 80