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HomeMy WebLinkAbout05/15/2007 (3) INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF MAY 15, 2007 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS-NONE ............................................................................................... 2 5.PROCLAMATIONS AND PRESENTATIONS ....................................... 2 5.A.PPDM13M19,2007, RESENTATION OF ROCLAMATION ESIGNATING AY TO AY AS IRCPO’MW ................................. 2 NDIAN IVER OUNTY EACE FFICERS EMORIAL EEK 5.B.PPDTMM,2007, RESENTATION OF ROCLAMATION ESIGNATING HE ONTH OF AY AS FFAM .................................................................. 2 OSTER AMILY PPRECIATION ONTH 5.C.PPDTWM21–25,2007, RESENTATION OF ROCLAMATION ESIGNATING HE EEK OF AY NBSW ......................................................................... 2 AS ATIONAL EACH AFETY EEK 6.APPROVAL OF MINUTES - NONE ......................................................... 2 7.CONSENT AGENDA ................................................................................... 3 May 15, 2007 1 7.A.AW–A27,2007–M3,2007 ..................................... 3 PPROVAL OF ARRANTS PRIL AY 7.B.RHRALA ESIGNATION OF ISTORICAL EPRESENTATIVE PPOINTEE AND CQUISITION AC .............................................................................................. 3 DVISORY OMMITTEE 7.C.OCTCSA2007 UT OF OUNTY RAVEL FOR OMMISSIONERS AND TAFF TO TTEND THE ACWMJ18–20,2007 .................... 3 NNUAL ONFERENCE ON ATER ANAGEMENT ULY 7.D.RBCCA EAPPOINTMENT OF THE OARD OF OUNTY OMMISSIONERS PPOINTMENT TO THE ELC .................................................................................... 4 ARLY EARNING OALITION 7.E.FPWON.7,CA,I.,F:S INAL AYMENT ORK RDER O ARTER SSOCIATES NC OR URVEY S,(N)ODHM,MCR512US1, ERVICES ORTH LD IXIE IGHWAY AINTENANCE AP TO C0390/2005-2006,PN.0628 .................................................... 4 ONTRACT ROJECT O 7.F.WON.3PESA ORK RDER O TO THE ROFESSIONAL NGINEERING ERVICES GREEMENT RDTH AG&M,I.LW43A25 WITH RCADIS NC FOR ANE IDENING OF VENUE FROM TH SS.W.OR(9SS.W.),IRCP TREET TO SLO OAD TREET NDIAN IVER OUNTY ROJECT N.0702 .................................................................................................................... 5 O 7.G.PESA,CR512C ROFESSIONAL NGINEERING ERVICES GREEMENT ORRIDOR I–IRCPN.9611,AN.14(M& MPROVEMENTS ROJECT O DDENDUM O ASTELLER M,I). ............................................................................................................. 5 OLER NC 7.H.GEIRCCVB RANT OF ASEMENT BY NDIAN IVER OUNTY TO THE ITY OF ERO EACH FOR PU–NCAB ............................ 6 UBLIC TILITIES EW OUNTY DMINISTRATION UILDINGS 7.I.FFY2007EBMJA EDERAL ISCAL EAR DWARD YRNE EMORIAL USTICE SSISTANCE G(JAG)P,CP(SFY RANT ROGRAM ERTIFICATE OF ARTICIPATION TATE ISCAL EAR 2008) .......................................................................................................................... 6 TH 7.J.R--WACRP#0421,74AS IGHTOFAY CQUISITION OUNTY OAD ROJECT VENUE OUTH THTH SR.60,C12S&74A,J.PS OF TATE D ORNER TREET VENUE ATRICK CHIRARD P-MARLT................................................... 7 REARITAL SSETS EVOCABLE IVING RUST TH 7.KR--WAJW.JS.M,67108SV IGHTOFAY CQUISITION ACK AND ULIA ILLER TREET ERO THTH B,FL.(B66A74A),CRP#0421 7 EACH ETWEEN VE AND VE OUNTY OAD ROJECT THTH 7.L.26SBRORLC(74A)IRC TREET RIDGE EPLACEMENT VER ANGE INE ANAL VENUE PN.0378,RRS&SCC., ROJECT O ETAINAGE ELEASE FOR HELTRA ON ONSTRUCTION O I. 8 NC May 15, 2007 2 8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES .................................................................................................... 8 8.A.1.IRCS–RR ................................................. 8 NDIAN IVER OUNTY HERIFF OY AYMOND BA ......................................................................................................... 8 UDGET MENDMENT 9.PUBLIC ITEMS ............................................................................................ 9 9.A.1.PUBLICHEARING-NONE .................................................................................. 10 9.B.PUBLICDISCUSSIONITEMS ............................................................................ 10 9.B.1.RSGTGMACRER EQUEST TO PEAK FROM OLDSMITH EAM EAL STATE EGARDING FIL ................................................................... 10 ORGIVENESS OF NTEREST ON A IEN 9.B.2.RSBL.HRCE EQUEST TO PEAK FROM ILLY ITCHCOX EGARDING ODE NFORCEMENT DD ................................................................................................. 10 IVISION ECISION 9.C.PUBLICNOTICEITEMS ..................................................................................... 11 TH 9.C.1.NSPHM22,2007:27DP OTICE OF CHEDULED UBLIC EARING AY RIVE ETITION TH WS(N4S),IRCPN. ATER ERVICE ORTH OF TREET NDIAN IVER OUNTY ROJECT O UCP-2906(A) ............................................................................... 11 DMINISTRATIVE 10.COUNTY ADMINISTRATOR MATTERS ........................................... 12 10.A.BCCMS ......................................... 12 OARD OF OUNTY OMMISSION EETING CHEDULE 10.B.FC’S ....................................................................... 13 UNDING OF HILDRENS ERVICES 11.DEPARTMENTAL MATTERS................................................................ 14 11.A.CD ................................................................................... 14 OMMUNITY EVELOPMENT 11.A.1.CAAC’ ONSIDERATION OF THE GRICULTURAL DVISORY OMMITTEES RIPAA ECOMMENDATION ON DENTIFICATION AND LUGGING OF BANDONED RTESIAN WNDS .................................................................... 14 ELLS ON EW EVELOPMENT ITES 11.A.2.SVB,LLC’RVS UNRISE ERO EACH S EQUEST FOR ACATION OF THE UNRISE SP ................................................................................................... 16 UBDIVISION LAT 11.B.ES-N ................................................................................. 17 MERGENCY ERVICESONE 11.C.GS-N ...................................................................................... 17 ENERAL ERVICESONE 11.D.HR-N ..................................................................................... 17 UMAN ESOURCESONE May 15, 2007 3 11.E.HS-N ......................................................................................... 17 UMAN ERVICESONE 11.F.LS-N ....................................................................................... 17 EISURE ERVICESONE 11.G.OMB-N ..................................................... 17 FFICE OF ANAGEMENT AND UDGETONE 11.H.R-N ................................................................................................. 17 ECREATIONONE 11.I.PW-N ............................................................................................. 17 UBLIC ORKSONE 11.J.US ................................................................................................ 17 TILITIES ERVICES 11.J.1.CCSWON.19M, ONTINUING ONSULTING ERVICES ORK RDER O WITH ASTELLER M,R&TI.SSPSN. OLER EED AYLOR NC FOR URVEYING ERVICES FOR UMP TATION O 2058-UCP2784 ....................................................................................................... 18 11.J.2.AWAN.2007-007UC PPROVAL OF ORK UTHORIZATION O FOR TILITY ONFLICT RUDLCU ESOLUTIONS BY TILITIES EPARTMENT ABOR ONTRACTOR NDERGROUND U,I.PWDBN.2006-065,PN. TILITIES NC FOR UBLIC ORKS EPARTMENT ID O ROJECT O 9611CR512PIIII ................................................................ 18 HASE MPROVEMENTS 11.J.3.BR(FKAVO)M-FDR ELLA OSA ILLAGE AKS ULTIAMILY EVELOPMENT EVISED D’ACO-S6-ISF EVELOPERS GREEMENT FOR ONSTRUCTION OF FFITE NCH EWER ORCE MRCD ...................................... 19 AIN AND EIMBURSEMENT BY OUNTY TO EVELOPER 11.J.4.CON.2IRCC2006025TLC,I. HANGE RDER O TO ONTRACT WITH NC FOR MRWSROP ................................ 19 EMBRANE ESTORATION ORK AT THE OUTH LANT 11.J.5.ABASAIRCB#2007044 PPROVAL OF ID WARD AND AMPLE GREEMENT FOR ID CR-WSW/UD .......... 20 ONSTRUCTION OF AWATER UPPLY ELLSTILITIES EPARTMENT 12.COUNTY ATTORNEY MATTERS-NONE ........................................... 20 13.COMMISSIONER ITEMS ........................................................................ 20 13.A.CGC.W,C-N ........................................ 20 OMMISSIONER ARY HEELER HAIRMANONE 13.B.CSL.B,VC-N .................................... 20 OMMISSIONER ANDRA OWDEN ICE HAIRONE 13.C.CWS.D .......................................................................... 21 OMMISSIONER ESLEY AVIS 13.C.1.RCRM EQUEST FOR ONSIDERATION OF ECOMMENDATIONS ADE BY THE AAC .................................................................. 21 GRICULTURAL DVISORY OMMITTEE 13.D.CJE.F-N ....................................................... 21 OMMISSIONER OSEPH LESCHERONE 13.E.CPD.O’B-N ............................................................ 21 OMMISSIONER ETER RYANONE May 15, 2007 4 14.SPECIAL DISTRICTS AND BOARDS ................................................... 21 14.A.ESD-N ................................................................ 21 MERGENCY ERVICES ISTRICTONE 14.B.SWDD-N ............................................................... 22 OLID ASTE ISPOSAL ISTRICTONE 14.C.ECB-N ............................................................. 22 NVIRONMENTAL ONTROL OARDONE 15.ADJOURNMENT ....................................................................................... 22 May 15, 2007 5 May 15, 2007 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in th Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, May 15, 2007, at 9:00 a.m. Present were Chairman Gary C. Wheeler, Vice Chair Sandra L. Bowden, Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O’Bryan. Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and Recording Secretary Maureen Gelfo. 1. CALL TO ORDER Chairman Wheeler called the meeting to order at 9:00 a.m. 2. INVOCATION Reverend Kyle Gibson M. Div., Senior Pastor New Bethel African Methodist Episcopal Church Public Works Director Jim Davis delivered the invocation. 3. PLEDGE OF ALLEGIANCE Vice Chair Bowden led the Pledge of Allegiance to the Flag. May 15, 2007 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS-NONE 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PPDM13M19, RESENTATION OF ROCLAMATION ESIGNATING AY TO AY 2007,IRCPO’MW AS NDIAN IVER OUNTY EACE FFICERS EMORIAL EEK Commissioner Wheeler read and presented the Proclamation to Under-Sheriff Bill Brunner. 5.B. PPDTM RESENTATION OF ROCLAMATION ESIGNATING HE ONTH OF M,2007,FFAM AY AS OSTER AMILY PPRECIATION ONTH Commissioner Davis read and presented the Proclamation to Rosanna Gonzalez, the foster care recruiter for Hibiscus Children’s Center. 5.C. PPDTWM RESENTATION OF ROCLAMATION ESIGNATING HE EEK OF AY 21–25,2007,NBSW AS ATIONAL EACH AFETY EEK Commissioner O’Bryan read and presented the Proclamation to three members of the Ocean Rescue Lifeguards of Indian River County. 6. APPROVAL OF MINUTES - NONE May 15, 2007 2 7. CONSENT AGENDA 7.A. AW–A27,2007–M3,2007 PPROVAL OF ARRANTS PRIL AY ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for April 27, 2007 to May 3, 2007, as requested in the memorandum of May 3, 2007. 7.B. RHRAL ESIGNATION OF ISTORICAL EPRESENTATIVE PPOINTEE AND AAC CQUISITION DVISORY OMMITTEE The Board accepted the resignation of Mr. George H. Blythe, Historical Representative Appointee of the Land Acquisition Advisory Committee, as submitted under cover of memorandum dated May 7, 2007. 7.C. OCTCSA UT OF OUNTY RAVEL FOR OMMISSIONERS AND TAFF TO TTEND 2007ACWMJ18– THE NNUAL ONFERENCE ON ATER ANAGEMENT ULY 20,2007 ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously authorized out of county travel for all Commissioners and staff to attend the 2007 Annual Conference on Water Management, in Marco Island, July 18-20, 2007, as requested in the memorandum of April 9, 2007. May 15, 2007 3 7.D. RBCC EAPPOINTMENT OF THE OARD OF OUNTY OMMISSIONERS AELC PPOINTMENT TO THE ARLY EARNING OALITION ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved the reappointment of Ms. Cheryl Dunn, who represents the Indian River Health Department, to a two-year term, July 1, 2007 to June 20, 2009, on the Early Learning Coalition, as requested in the memorandum of May 8, 2007. 7.E. FPWON.7,CA,I., INAL AYMENT ORK RDER O ARTER SSOCIATES NC F:SS,(N)ODH OR URVEY ERVICES ORTH LD IXIE IGHWAY M,MCR512US1,C0390/2005-2006, AINTENANCE AP TO ONTRACT PN.0628 ROJECT O ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously authorized payment in the amount of $15,960.00 for full and final payment for Work Order No. 7, as recommended in the memorandum of May 7, 2007. WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 15, 2007 4 7.F. WON.3PES ORK RDER O TO THE ROFESSIONAL NGINEERING ERVICES RD AAG&M,I.LW43 GREEMENT WITH RCADIS NC FOR ANE IDENING OF THTH A25SS.W.OR(9SS.W.), VENUE FROM TREET TO SLO OAD TREET IRCPN.0702 NDIAN IVER OUNTY ROJECT O ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved Work Order No. 3, with Arcadis G & M, Inc., for a lump sum fee of $23,690.00, and authorized the Chairman to execute said work order, as recommended in the memorandum of May 7, 2007. WORK ORDER NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. PESA,CR512 ROFESSIONAL NGINEERING ERVICES GREEMENT CI–IRCPN.9611,AN. ORRIDOR MPROVEMENTS ROJECT O DDENDUM O 14(M&M,I). ASTELLER OLER NC ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved Addendum No. 14, for a total cost of $4,850.00, as recommended in the memorandum of May 7, 2007. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 15, 2007 5 7.H. GEIRCCV RANT OF ASEMENT BY NDIAN IVER OUNTY TO THE ITY OF ERO BPU–NCA EACH FOR UBLIC TILITIES EW OUNTY DMINISTRATION B UILDINGS ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved the Deed of Easement and authorized the Chairman to sign the easement document, as recommended in the memorandum of May 8, 2007. GRANT OF EASEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.I. FFY2007EBMJ EDERAL ISCAL EAR DWARD YRNE EMORIAL USTICE AG(JAG)P,C SSISTANCE RANT ROGRAM ERTIFICATE OF P(SFY2008) ARTICIPATION TATE ISCAL EAR ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved Alternative 1, accepting the invitation to serve as the coordinating unit of government in the FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program; authorized the Chairman to execute the Certificate of Participation naming Jason E. Brown, Director, Management and Budget, as the contact person; and also accepted the total amount of the Grant, $125,779.00, with May 15, 2007 6 no matching funds from the County, as recommended in the memorandum of May 8, 2007. GRANT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TH 7.J. R--WACRP#0421,74 IGHTOFAY CQUISITION OUNTY OAD ROJECT THTH ASSR.60,C12S&74 VENUE OUTH OF TATE D ORNER TREET A,J.PSP-MAR VENUE ATRICK CHIRARD REARITAL SSETS EVOCABLE LT IVING RUST ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved Alternative No. 1, the $145,830.00 purchase, and authorized the Chairman to execute the Agreement, as recommended in the memorandum of May 4, 2007. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TH 7.K R--WAJW.JS.M,67108 IGHTOFAY CQUISITION ACK AND ULIA ILLER THTH SVB,FL.(B66A74A), TREET ERO EACH ETWEEN VE AND VE CRP#0421 OUNTY OAD ROJECT ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved Alternative No. 1, the $80,475.00 purchase, and authorized the Chairman to execute the Agreement, as recommended in the memorandum of May 4, 2007. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 15, 2007 7 THTH 7.L. 26SBRORLC(74 TREET RIDGE EPLACEMENT VER ANGE INE ANAL A)IRCPN.0378,RR VENUE ROJECT O ETAINAGE ELEASE FOR S&SCC.,I. HELTRA ON ONSTRUCTION O NC ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved release of retainage in the amount of $124,433.01, as recommended in the memorandum of May 8, 2007. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 8.A.1.IRCS–RR NDIAN IVER OUNTY HERIFF OY AYMOND BA UDGET MENDMENT Administrator Baird related that the Sheriff’s budget is approved in three different categories - Court Services, Corrections, and Law Enforcement. Within those categories, there was a division between Salaries and Operating and Capital Budgets. Administrator Baird disclosed that the Sheriff wanted to transfer funds between categories to affect cost reductions this year and next year, and to increase the efficient handling of the funds. Harry Hall , Comptroller, Sheriff’s office, stated that the Sheriff wanted to move funds from Salaries to Capital, so some items (vehicles, computers, radios) could be purchased this year at a savings, and he also wanted to move monies between categories as contingencies arise. Mr. Hall disclosed that the amount of money that the Sheriff desired to transfer is $1 million two hundred seventy-six thousand dollars ($1,276,000.00). May 15, 2007 8 Commissioner Wheeler commented that he would like to see the Sheriff’s office emulate the County Commission, where every budgeted item is accounted for. He wanted the Sheriff’s office to provide a close accounting of funds needed in each category, and then have additional funding requests for specific items. Administrator Baird requested that Mr. Hall come back to the Board with specific information regarding the locations and amounts of the transferred funds. Mr. Baird noted that this would be an estimate. MOTION was made by Commissioner Davis, SECONDED by Commissioner Flescher, to approve the Sheriff’s request to amend the 2006-2007 fiscal year Operating Budget. Vice Chair Bowden supported the Motion. Chairman Wheeler was concerned that the Board has a fiduciary responsibility to oversee the Sheriff’s budget, and that the policies and procedures set forth regarding this were not being followed. The Chairman CALLED THE QUESTION and the Board, by a 3-2 vote (Chairman Wheeler & Commissioner O’Bryan opposed), approved the Sheriff’s request to amend the 2006-2007 fiscal year Operating Budget. Commissioner Davis clarified that the Sheriff’s Department was authorized to move forward, but would return with an accounting of the fund distributions and allocations. 9.PUBLIC ITEMS May 15, 2007 9 9.A.1. PUBLICHEARING-NONE 9.B. PUBLICDISCUSSIONITEMS 9.B.1. RSGTGMACRE EQUEST TO PEAK FROM OLDSMITH EAM EAL STATE RFIL EGARDING ORGIVENESS OF NTEREST ON A IEN Heidi Lourie , Goldsmith Team GMAC Real Estate, stated that her Firm represents Eileen Mark, a New York resident who owns property in Whispering Pines. GMAC is asking for forgiveness of interest on a $7,000.00 (approximately) lien imposed by the County on Ms. Mark’s lot. Administrator Baird pointed out that out-of-State residents are not forgiven their debts. Mr. Baird never recommends reduction in interest since it is not fair to the people who get charged interest and pay it. NO BOARD ACTION REQUIRED OR TAKEN 9.B.2. RSBL.HRC EQUEST TO PEAK FROM ILLY ITCHCOX EGARDING ODE EDD NFORCEMENT IVISION ECISION th Billy L. Hitchcox , 4282 48 Ave., provided to the Board copies of his survey and documents (copy on file) outlining the steps Mr. Hitchcox had taken to construct two new mobile homes in accordance with County regulations. In 2006, Mr. Hitchcox had purchased a lot containing two mobile homes in Palm Gardens Subdivision and he subsequently received two building permits to place two new mobile homes on the property. In October, Code Enforcement May 15, 2007 10 notified Mr. Hitchcox that he was in violation of Code 9114.2.C. Mr. Hitchcox requested clarification as to how he could come into compliance. Administrator Baird responded that staff would meet with Mr. Hitchcox to get a concise understanding of what his violation was and see if he could get it corrected, but there was a distinct process that he must go through, via Code Enforcement and Planning. Bob Keating, Community Development Director, advised that there was going to be an evidentiary hearing between Mr. Hitchcox and the Code Enforcement Board on Monday, May 21, 2007. Roland DeBlois, Environmental & Code Enforcement Chief, explained that on Mr. Hitchcox’s property, which must be split into two distinct parcels, there can only be two mobile homes, and it was up to the Code Enforcement Board to determine whether a violation existed. Chairman Wheeler reiterated that Mr. Hitchcox needed to go through the Code Enforcement Board. Attorney Collins added that Mr. Hitchcox could appeal to the Circuit Court if he was unhappy with the decision made by Code Enforcement, which would be bestowed after Code Enforcement heard both sides of the issue. NO BOARD ACTION REQUIRED OR TAKEN 9.C. PUBLICNOTICEITEMS TH 9.C.1. NSPHM22,2007:27D OTICE OF CHEDULED UBLIC EARING AY RIVE TH PWS(N4S),IR ETITION ATER ERVICE ORTH OF TREET NDIAN IVER CPN.UCP-2906(A) OUNTY ROJECT O DMINISTRATIVE The Chairman read the notice into the record. May 15, 2007 11 10. COUNTY ADMINISTRATOR MATTERS 10.A. BCCMS OARD OF OUNTY OMMISSION EETING CHEDULE rd Administrator Baird reminded the Board that the July 3 meeting would precede the Fourth of July holiday, and asked if the Board wanted to cancel the meeting. He also informed the Board that the Commissioners had the opportunity to participate in a Water Management Conference on July 18, July 19, and July 20. Since July 18 and July 19 were scheduled Budget Workshop days, Administrator Baird suggested that the Budget meetings be rescheduled to Monday, July 16, continue on Tuesday, July 17, following the regular meeting, and conclude on Wednesday, July 18 if not before. ON MOTION by Commissioner Davis, SECONDED by Vice Chair Bowden, the Board unanimously approved the rd cancellation of the Tuesday, July 3, 2007 meeting, and the request to change the Budget Workshop Schedule to thth Monday, July 16, Tuesday, July 17 (following the th Commission Meeting), and Wednesday, July 18 (as needed), and as recommended in the memorandum of May 9, 2007. (Clerk’s Note: Following Item 10.B., Administrator Baird announced that he had just received notification that the Water Management Meeting had been rescheduled to October, thus there would be no need to reschedule the Budget Workshop Schedule. This has been placed here for continuity). The above MOTION WAS RESCINDED and replaced by the succeeding Motion. May 15, 2007 12 ON MOTION by Commissioner Davis, SECONDED by Vice Chair Bowden, the Board unanimously approved returning to the original Budget Workshop Schedule of th Wednesday, July 18th, and Thursday, July 19, 2007, and approved cancellation of the Regular Meeting of Tuesday, rd July 3, 2007. 10.B. FC’S UNDING OF HILDRENS ERVICES Administrator Baird reviewed his memorandum dated May 9, 2007, and recommended that the Board set a cap for Children’s Services funding at $1.1 million for the Fiscal Year 2007-2008 Budget, with a second alternative of capping at $1 million dollars, if warranted. Commissioner O’Bryan, liaison to the Children’s Services Advisory Committee, spoke about the wide range of children who are serviced through this funding. He stated that Children’s Services provides a good accountability of the money. MOTION WAS MADE by Commissioner O’Bryan, SECONDED by Chairman Wheeler, to approve Option 1, setting a cap for Children’s Services funding at $1.1 million for the Fiscal Year 2007-2008 Budget. Vice Chair Bowden asked if the Board wanted to include verbiage in the Motion regarding the additional option of reducing the cap to $1 million. Commissioner O’Bryan responded that although Children’s Services is aware that they may have to tighten their budgets, he would like to keep the Motion with the $1.1 Million cap. Chairman Wheeler asked Administrator Baird to look into the feasibility of sending a delegation of Commissioners and designated staff to the Special Legislative Session in May 15, 2007 13 Tallahassee to let the State know how strongly their decisions impact local government. Administrator Baird was asked to provide input on this at the next meeting. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board approved to set a cap for Children’s Services funding at $1.1 million for the Fiscal Year 2007-2008 Budget. 11. DEPARTMENTAL MATTERS 11.A. CD OMMUNITY EVELOPMENT 11.A.1. CAAC’ ONSIDERATION OF THE GRICULTURAL DVISORY OMMITTEES RIP ECOMMENDATION ON DENTIFICATION AND LUGGING OF AAWNDS BANDONED RTESIAN ELLS ON EW EVELOPMENT ITES Chief of Environmental Planning Roland DeBlois stated that County Environmental Planning & St. Johns River Water Management District (SJRWMD) staff had attended a County Agricultural Advisory Committee (AAC) meeting in October 2006 to discuss abandoned and/or leaky artesian wells that are often found on new development sites and their potential impacts to the shallow aquifer. Mr. DeBlois disclosed that since 1989 there has been a well plugging partnership between the St. Johns River Water Management District and Indian River County. He advised that there was concern with active wells possibly being corroded below ground level, and that a capped well could possibly be leaking and leading to salt water intrusion. Mr. DeBlois supported the AAC’s recommendation for the Commission to direct staff to maintain and to try to enhance its diligence in identifying and controlling artesian wells found on development sites. May 15, 2007 14 Commissioner Davis, Liaison to the AAC, stated that the St. John’s River Water Management District keeps an inventory of well permits, so the County knows where the wells are. He declared that this provides a simple process to look at wells that have been permitted, to identify those no longer in use, and to dispose of them properly. Vice Chair Bowden wanted to know how many wells in Indian River County were permitted, to which Mr. DeBlois responded approximately 2,000 wells, some of which have been capped and abandoned. Robert Adair , Chairman of the AAC, recapped a letter he had given the Board (copy on file), addressed to Bob Bruce, Chairman of the Planning and Zoning Commission (P&Z). The letter outlined the possibility for cost share funding from the St. John’s Water River District to obtain a Mobile Irrigation Lab and Well Monitoring Network that would help identify and fix leaking wells. He provided information regarding existing leaking wells and referred to County Code, Section 931.09, Artesian Flow Wells, which specifies that artesian flow wells may not be used to recharge new artificially created surface water bodies. Bob Johnson , Coral Winds Subdivision, wondered if the County was trying to eliminate artesian wells and go to reuse water. He asked the Board to provide clarification, and conveyed that the Board does not necessarily need to accept the cost share program. Administrator Baird advocated sending SJWMD a resolution asking them for additional assistance. Dr. Richard Baker inquired about having a County Workshop on water use in April. Utilities Director Erik Olson said he was working on it. May 15, 2007 15 ON MOTION by Commissioner Davis, SECONDED by Commissioner O’Bryan, the Board unanimously accepted the Agricultural Advisory Committee’s recommendation and directed staff to continue its diligence in requiring the identification and plugging of abandoned artesian flow wells on development sites, as recommended in the memorandum of May 8, 2007. 11.A.2.SVB,LLC’RV UNRISE ERO EACH S EQUEST FOR ACATION OF THE SSP UNRISE UBDIVISION LAT Planning Director Stan Boling displayed a map showing the Sunrise Subdivision Plat and recapped his memorandum regarding Sunrise Vero Beach, LLC’s request to vacate the Plat. He recommended that the Board approve the Plat vacation request because (1) the resolution would keep the County from having to assume the obligation of having improvements completed, and (2) it would allow a second developer, such as Habitat for Humanity, to come in and pick up the project. Commissioner Davis asked whether this resolution would help or hinder Habitat for Humanity. Director Boling believed it would help them. Commissioner O’Bryan wanted to know if the Plat would fall under the County’s new small lot subdivision regulations. Director Boling answered “no” the Preliminary Plat would be valid until November 20, 2008. Commissioner O’Bryan was concerned that a developer might construct large houses on the small lots. Mr. Boling felt that if Habitat for Humanity, seemingly the only interested party, eventually builds, the subdivision should comply with current regulations. May 15, 2007 16 ON MOTION by Commissioner Davis, SECONDED by Commissioner O’Bryan, the Board unanimously approved Resolution 2007-050 , providing for the vacation of Sunrise Subdivision, said land lying in Indian River County, Florida. 11.B. ES-N MERGENCY ERVICESONE 11.C. GS-N ENERAL ERVICESONE 11.D. HR-N UMAN ESOURCESONE 11.E. HS-N UMAN ERVICESONE 11.F. LS-N EISURE ERVICESONE 11.G. OMB-N FFICE OF ANAGEMENT AND UDGETONE 11.H. R-N ECREATIONONE 11.I. PW-N UBLIC ORKSONE 11.J. US TILITIES ERVICES May 15, 2007 17 11.J.1. CCSWON.19 ONTINUING ONSULTING ERVICES ORK RDER O WITH M,M,R&TI.SS ASTELLER OLER EED AYLOR NC FOR URVEYING ERVICES PSN.2058-UCP2784 FOR UMP TATION O ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved Work Order No. 19 with Masteller, Moler, Reed & Taylor, Inc., in the amount of $5,400.00 for surveying services and authorized the Chairman to execute same, as recommended in the memorandum of April 2, 2007. WORK ORDER NO. 19 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.2.AWAN.2007-007U PPROVAL OF ORK UTHORIZATION O FOR TILITY CRUDL ONFLICT ESOLUTIONS BY TILITIES EPARTMENT ABOR CUU,I.PW ONTRACTOR NDERGROUND TILITIES NC FOR UBLIC ORKS DBN.2006-065,PN.9611CR512P EPARTMENT ID O ROJECT O HASE IIII MPROVEMENTS ON MOTION by Vice Chair Bowden, SECONDED by Commissioner O’Bryan, the Board unanimously approved Work Authorization No. 2007-007 in the amount of $51,554.36 for labor for Underground Utilities, Inc., and authorized the Chairman to execute same, as recommended in the memorandum of May 4, 2007. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 15, 2007 18 11.J.3.BR(FKAVO)M-FD ELLA OSA ILLAGE AKS ULTIAMILY EVELOPMENT RD’AC EVISED EVELOPERS GREEMENT FOR ONSTRUCTION OF O-S6-ISFMR FFITE NCH EWER ORCE AIN AND EIMBURSEMENT BY CD OUNTY TO EVELOPER ON MOTION by Commissioner Davis, SECONDED by Vice Chair Bowden, the Board unanimously approved revision of the Developer’s Agreement with Village Oaks 80, LLC, as presented; (2) to reimburse the Developer for the Master Planned Force Main an amount of $65,424.99 upon acceptance by the County; and (3) authorized the Department of Utility Services to recover capacity charges and connection fees from future development to reimburse the other property owners, as recommended in the memorandum of April 27, 2007. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.4. CON.2IRCC2006025TLC,I. HANGE RDER O TO ONTRACT WITH NC MRWSROP FOR EMBRANE ESTORATION ORK AT THE OUTH LANT ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Change Order No. 2 to IRC Contract 2006025 with TLC Diversified, Inc. in the amount not to exceed $40,000.00 to provide a construction contingency allowance, as recommended in the memorandum of May 7, 2007. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 15, 2007 19 11.J.5. ABASAIRCB PPROVAL OF ID WARD AND AMPLE GREEMENT FOR ID #2007044CR-WSW/U ONSTRUCTION OF AWATER UPPLY ELLSTILITIES D EPARTMENT ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved that the bid be awarded to GG Griffa, Inc. d/b/a/ Advanced Well Drilling, 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 said agreement 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, all as recommended in the memorandum of May 7, 2007. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12. COUNTY ATTORNEY MATTERS-NONE 13. COMMISSIONER ITEMS 13.A. CGC.W,C-N OMMISSIONER ARY HEELER HAIRMANONE 13.B. CSL.B,VC-N OMMISSIONER ANDRA OWDEN ICE HAIRONE May 15, 2007 20 13.C. CWS.D OMMISSIONER ESLEY AVIS 13.C.1. RCRM EQUEST FOR ONSIDERATION OF ECOMMENDATIONS ADE BY THE AAC GRICULTURAL DVISORY OMMITTEE Commissioner Davis asked Chairman of the ACC, Robert Adair, to discuss the Committee’s recommendation regarding reuse water for agricultural purposes outside the urban service area. Mr. Adair told the Board that it was important to lessen the County’s use of deep water from the Florida Aquifer. He mentioned that during periods of drought and freeze, due to a diminishing of artesian pressure, the denser saltier water lying deeper in the aquifer starts to come towards the surface. He thought it was important to provide another source of water (reuse water) in order to sustain agricultural operations outside the County. He encouraged the Board to listen to the recommendations made by the Indian River Soil and Water Conservation District (IRSWCD) as outlined in the letter provided to the Board (see page 144 of the backup). The Commissioners posed several questions to staff regarding reuse water, the cost, and the use for agricultural purposes. NO BOARD ACTION REQUIRED OR TAKEN 13.D. CJE.F-N OMMISSIONER OSEPH LESCHERONE 13.E. CPD.O’B-N OMMISSIONER ETER RYANONE 14. SPECIAL DISTRICTS AND BOARDS 14.A. ESD-N MERGENCY ERVICES ISTRICTONE May 15, 2007 21 14.B. SWDD-N OLID ASTE ISPOSAL ISTRICTONE 14.C. ECB-N NVIRONMENTAL ONTROL OARDONE 15. ADJOURNMENT ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:29 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman Minutes Approved: _________________ BCC/MG/2007Minutes May 15, 2007 22