HomeMy WebLinkAbout05/20/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 20, 2008
1. CALL TO ORDER.........................................................................................1
2. INVOCATION................................................................................................1
3. PLEDGE OF ALLEGIANCE.......................................................................1
C _\77flY[Du ty/11ol0ay1130-- 111310 19IxlIML11 , /o1►1Im "040, 1
ITEMS..............................................................................................................2
5. PROCLAMATIONS AND PRESENTATIONS........................................2
S.A. PRESENTATION OF PROCLAMATIONDESIGNATING MAY 31ST AS HURRICANE
PREPAREDNESS DAYAND THE MONTH OF .TUNE AS HURRICANE A WARENESS
MONTHININDIANRIVER COUNTY...............................................................................2
S.B. CHILDREN'S SERVICESADVISORYCOMMITTEE PRESENTATIONBYERIN
GRALLAND LoUAPRIL.................................................................................................3
5. C ADDITION:.....................................................................................................................4
PROCLAMATION DESIGNATING MAY 26, 2008 AS MEMORIAL DAY......................................4
S.D. KEEPINDIANRIVER BEAUTIFUL AND INDIANRIVER COUNTYSOLID WASTE
DISPOSAL DISTRICT PRESENTATION - CLEAN SWEEPS CHALLENGE .......................... 4
6. APPROVAL OF MINUTES.........................................................................5
6.A. REGULAR MEETING MINUTES of APRIL 8, 2008 ........................................................ S
6.B. REGULAR MEETING MINUTES OF APRIL 1 S, 2008 ...................................................... S
May 20, 2008 1
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION..................6
7.A. REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD: ............................. 6
REPORT OF CONVICTIONS FOR THE MONTH OFAPRIL 2008 ................................................ 6
7.B. RESIGNATION OF ENVIRONMENTALIST APPOINTEE TO PROFESSIONAL
SER VICES AD VISOR COMMITTEE................................................................................ 6
8. CONSENT AGENDA.....................................................................................7
8.A. APPROVAL OF WARRANTS-MAY2, 2008 THRUMAY8, 2008 ....................................7
8.B. WORK ORDER No. 3 FOR PROFESSIONAL SERVICES WITH G. K.
ENVIRONMENTAL, INC. FOR 39THAVENUE BETWEEN 69TH STREET & 71ST
STREET IRCPRoJECTNo. 0422................................................................................7
8.C. EAGLE TRACE SUBDIVISION- PHASE 2 - PROJECT # 0813, GEOTECHNICAL
SERVICES WORK ORDER #4, DUNKELBERGER ENGINEERING & TESTING, INC......... 8
8.D. WORK ORDER No. 8 (ENGINEERING/SURVEYING), CARTER ASSOCL4TES, INC. -
FULL AND FINAL PAYADDITIONAL SURVEYSERVICES-PROPOSED OSLO
ROAD AND BOAT RAMP, INDIANRIVER COUNTYPROJECT NO. 0381 ......................... 8
8.E. FINAL RELEASE OFRETAINAGE FOR THE PROFESSIONAL ENGINEERINGILAND
SURVEYING SERVICES FOR THE OLD DIXIE HIGHWAYBRIDGE OVER THE
SOUTHRELIEF CANAL, INDIANRIVER COUNTYPROJECTNO. 020$ .........................9
8.F. G. K ENVIRONMENTAL, INC., WORK ORDER No. 2 FINAL PAY & RELEASE OF
RETAINAGE, 39THA VENUE BETWEEN 69TH STREET AND 71 ST STREET, INDIAN
RIVER COUNTYPROJECTNO.0422..............................................................................9
8.G. OSLO ROAD BRIDGE REPLACEMENTS AND ROADWAY WIDENING,
ENGINEERING SERVICES - FINAL RELEASE OF RETAINAGE, KIMLEY-HORN &
ASSOCIATES, INC. AMENDMENT NO. 7......................................................................10
8.H. WORK ORDER #12, APPLIED TECHNOLOGYAND MANAGEMENT INC., SECTOR 7
BEACHRESTORATION, SUMMER 2008 POST CONSTRUCTIONMONITORING ...........10
8.L WORK ORDER #13, APPLIED TECHNOLOGYAND MANAGEMENT INC., YEAR 3
MITIGATION REEF MONITORING...............................................................................11
May 20, 2008 2
8.J RIGHT-oF-WAYACQUISITION, LAZYJ, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, 2075 - 2085 43RD A vENUE, VERO BEACH, FL.........................................11
B.K. NORTHAMERICANPROPERTIES I (NAPI) DEVELOPER AGREEMENT FOR
DEVELOPER WIDENING OF 53RD STREET BETWEEN USI AND NAP I EAST
PROPER T Y L INE .. . ... . ... . ... . ... . .. . . .. . . .. . . ... . ... . ... . ... . ... . .. . . .. . . .. . . ... . ... . ... . ... . ... . .. . . .. . . .. . . ... . ... . ... .12
B.L. NORTHAMERICANPROPERTIEs H (NAP II) DEVELOPER AGREEMENT FOR
DEVELOPER WIDENING OF 53" STREET BETWEEN OLD DIXIE HIGHWAYAND
USl..............................................................................................................................12
B.M. RIGHT-oF-WAYACQUISITION VEROINVESTMENT 53, LLC, A FLORIDA
COMPANY, 5298 OLD DIXIE HIGHWAY, SOUTH OF 53" STREET, VERO BEACH,
FLoR IDA . . .. . . ... . ... . .. . . .. . . .. . . .. . . .. . . .. . . ... . ... . .. . . .. . . .. . . .. . . .. . . .. . . ... . ... . .. . . .. . . .. . . .. . . .. . . .. . . ... . ... . .. . . .. . .13
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES-NONE.......................................................................................13
10. PUBLIC ITEMS............................................................................................13
IO.A.1. PUBLICHEARING...............................................................................................13
10.A.1. PUBLICHEARING TO CONSIDER REVENUEDISTRIBUTIONFORMULA FOR 6¢
LocAL OPTION GAS TAx..........................................................................................13
IO.B. PUBLICDISCUSSIONITEMS..............................................................................14
10.8.1. REQUEST TO SPEAK FROMDL4N GEORGE REGARDING SZECHUANPALACE
RESTAURANT...............................................................................................................14
10.8.2. REQUEST TO SPEAK FROMDL4N GEORGE REGARDING VOTER APPROVED
VETERANS EXEMPTIONPASSING ON 2007 BALLOT...................................................15
10.8.3. REQUEST TO SPEAK FROM JOSEPH GUFFANTI REGARDING MY TAX DOLLARS....1 G
10.B.4. REQUEST TO SPEAK FROM FRED MENSING AND DOUGLAS VITUNAc
REGARDINGREPEAL OFRESOLUTION2008-043.......................................................16
IO.B.5. REQUEST TO SPEAK FROM TIMOTHY✓. SCANNELL REGARDING ROAD
MAINTENANCE FOR 87TH STREET WEST OF CR 512 ................................................18
10.0 PUBLICNOTICE ITEMS NONE..........................................................................20
May 20, 2008 3
11. COUNTY ADMINISTRATOR'S MATTERS -NONE ............................20
12. DEPARTMENTAL MATTERS.................................................................21
12.A. COMMUNITYDEVELOPMENT......................................................................................21
12.A.1. CONSIDERATION TO APPROVE ANINTERGOVERNMENTAL MANAGEMENT
AGREEMENT WITH THE ST. .IOHNS RIVER WATER MANAGEMENT DISTRICT
FOR THE NORTHSEBASTIAN CONSERVATIONAREA ADDITION (A.K.A.
ROSELAND SATELLITE FIELD TRACT LAAC SITE) ...................................................21
12.B. EMERGENCYSERVICES-NONE...................................................................................22
12.0 GENERAL SER VICES-NONE.........................................................................................22
12.D. HUMANRESOURCES-NONE........................................................................................22
12.E. HUMANSERVICES-NONE............................................................................................22
12.E LEISURE SERVICES-NONE..........................................................................................22
12.G. OFFICE OF MANAGEMENT AND B UDGET-NONE.......................................................22
12.IL RECREATroN Nom....................................................................................................22
12.L PUBLIC WORKS-NONE................................................................................................22
12.J. UTILITIESSERVICES...................................................................................................22
12.11. 27THDRIVE PETITION WATER SERVICE, INDIANRIVER COUNTYPROJECT
No. UCP -2906, RESOL UTIONI V - FINAL ASSESSMENT...........................................22
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14. COMMISSIONER ITEMS.........................................................................23
M.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN-NONE........................................23
14.B. COMMISSIONER WESLEYS. DA VIS, VICE CHAIRMAN-NONE...................................23
14. C COMMISSIONER JOSEPH E. FLESCHER-NONE..........................................................23
14.D. COMMISSIONER PETER D. O' BRYAN.........................................................................23
14.D.I. REQUEST FOR APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS To
SEND A LETTER INSUPPORT OF THE PROPOSED SECTOR 3 RESTORATION
PROJECT...................................................................................................................... 23
14.E. COMMISSIONER GARY C. WHEELER NONE...............................................................24
May 20, 2008 4
15. SPECIAL DISTRICTS AND BOARDS....................................................24
15.A. EMERGENCY SERVICESDISTRICT-NONE..................................................................24
15.B. SOLID WASTE DISPOSAL DISTRICT-NONE.................................................................24
15. C. ENVIRONMENTAL CONTROL BOARD-NONE...............................................................25
16. ADJOURNMENT.........................................................................................25
May 20, 2008
May 20, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 180127 th St., Vero Beach, Florida, on
Tuesday, May 20, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley
S. Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also
present were Assistant County Administrator Michael Zito, County Attorney William G. Collins
II, and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:01 a.m.
2. INVOCATION
Detective Teddy Floyd, Indian River County Sheriff's Office (IRCSO) Crime
Prevention Unit, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Wesley S. Davis led the Pledge of Allegiance to the Flag.
May 20, 2008 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Bowden requested the following changes to today's Agenda:
Addition of Item 5.C. Proclamation Designating May 26, 2008 as
Memorial Day
2. Deletion of duplicate pages 150 through 154 (in backup) of Item 12.J.1
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 31 ST AS
HURRICANE PREPAREDNESS DAYAND THE MONTH OF JUNE AS
HURRICANE AWARENESS MONTHININDIANRIVER COUNTY
Vice Chairman Davis read and presented the Proclamation to John King, Director
of Emergency Services who accepted on behalf of his co-workers, other County employees, and
community partners who assist the Department. Director King announced that the Department
of Emergency Services would be having a ribbon cutting ceremony, public safety
demonstrations, and tours of the Emergency Operations Center on Saturday, May 31, 2008, from
10:00 a.m. to 2:00 p.m.
Commissioner Wheeler thanked and commended Director King on the excellent
service provided by the County's Emergency personnel.
May 20, 2008 2
S.B. CHILDREN'S SER VICES ADVISORY COMMITTEE PRESENTATION BY
ERIN GRALL AND LOUAPRIL
Erin Grail, Esquire, explained that the Committee functioned as children's
advocate to bring forward the issues and needs of at -risk children. She related that the
Children's Services Advisory Committee (CSAC) is receiving increased requests for funding
from other agencies, while simultaneously facing a 25% budget cut. Attorney Grall discussed
what the detrimental consequences would be of not providing the services needed by the
children, and asked the Board to keep the children's needs in mind as work proceeds on next
year's budget. Attorney Grall reported that she would be returning to the Board in July with
information on some of the organizations that would be hurt by the CSAC's budget cut.
Lou April, CSAC, provided details on some of the delinquency prevention
programs which are available in the community, and related some specific instances of how
non -profits have helped young people facing dire circumstances. Mr. April asked the Board to
contemplate how the budget cuts would impact the non-profit organizations that provide such
services.
Commissioner O'Bryan, liaison to the CSAC, supported the points made by
Attorney Grall and Mr. April. He affirmed that the Board would do what it could to assist this
important Committee, and advocated seeking additional help from the community.
Chairman Bowden acknowledged that many organizations were being impacted
by today's economy, and declared that the Board would do its very best to work on the budget.
May 20, 2008 3
S. C. ADDITION.
PROCLAMATION DESIGNATING MA Y 26, 2008 AS MEMORIAL DAY
Chairman Bowden read and presented the Proclamation to President Dr. Dan
Stanley, and Vice President Michael Weiss, of the Veterans Council of Indian River County. Dr.
Stanley thanked the Board for its support, and announced that there would be a Memorial Day
Ceremony at Veteran's Memorial Island on Monday, May 26, 2008, at 9:30 a.m.
S.D. KEEP INDIANRIVER BEAUTIFUL AND INDIAN RIVER COUNTYSOLID
WASTE DISPOSAL DISTRICT PRESENTATION - CLEAN SWEEPS
CHALLENGE
Melanie Jones, Executive Director of Keep Indian River Beautiful (KIRB)
introduced Vice President Todd Westover and Board Member Teddy Floyd of KIRB, and
recognized the Board for its support of the Clean Sweeps Challenge, noting that Chairman
Bowden and Commissioners Flescher and O'Bryan had each headed a team. Through a
PowerPoint presentation, Ms. Jones provided an overview of the activities and accomplishments
of each of the eight teams who had participated in the Clean Sweeps Challenge. Ms. Jones
thanked the many people and groups who had assisted with the Clean Sweeps event, and
announced that the Great American Clean Up Award Ceremony would be held on Saturday, May
31, 2008, at Friendship Park in Sebastian.
Chairman Bowden and Commissioner Flescher thanked Ms. Jones, and
Commissioner Flescher recognized some additional community members who had assisted in the
Clean Sweeps Challenge.
May 20, 2008 4
6. APPROVAL OF MINUTES
&A. REGULAR MEETING MINUTES OFAPRIL 8.2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of April 8, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of April 8, 2008, as
written.
6.B. REGULAR MEETING MINUTES OFAPRIL I S. 2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of April 15, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of April 15, 2008, as
written.
May 20, 2008 5
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of April 22, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of April 22, 2008, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REOUIRING BOARD ACTION
7.A. REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD:
REPORT OF CONVICTIONS FOR THE MONTH OF APRIL 2008
The above Item was noted for the record.
7.B. RESIGNATION OF ENVIRONMENTALIST APPOINTEE TO PROFESSIONAL
SERVICES ADVISORY COMMITTEE
Mr. Ryan Morrell, Environmentalist Appointee to the Professional Services
Advisory Committee, has submitted his resignation. His term would have expired in 2009.
May 20, 2008 6
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS —MAY 2, 2008 THRU MA Y 8, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of May 2, 2008 through May 8, 2008, as
requested in the memorandum dated May 8, 2008.
8.B. WORK ORDER No. 3 FOR PROFESSIONAL SERVICES WITH G. K.
ENVIRONMENTAL, INC. FOR 39THAVENUE BETWEEN 69THSTREET &
71ST STREET IRCPROJECTNo. 0422
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Work Order No. 3 to G.K. Environmental, Inc.; authorized
County Project #0422 as outlined in the Scope of Services;
and authorized the Chairman to execute the subject Work
Order, as recommended in the memorandum of May 12,
2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 20, 2008 7
8.C, EAGLE TRACE SUBDIVISION — PHASE 2 — PROJECT # 0813,
GEOTECHNICAL SERVICES WORK ORDER #4, DUNKELBERGER
ENGINEERING & TESTING, INC.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Work Order No. 4 to Dunkelberger Engineering & Testing
Inc., authorizing the professional services as outlined in
the Scope of Services; and authorized the Chairman to
execute said Work Order, for a not -to -exceed fee of
$2,500.00, as recommended in the memorandum of May
8, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. WORK ORDER NO. 8 (ENGINEERING/SURVEYING), CARTER
ASSOCIATES, INC. — FULL AND FINAL PAYADDITIONAL SURVEY
SERVICES — PROPOSED OSLO ROAD AND BOAT RAMP. INDIANRIVER
COUNTYPROJECT NO. 0381
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Invoice No. 03422-08-1, dated May 9, 2008 for full and
final payment of Work Order No. 8 to Carter Associates,
Inc., as recommended in the memorandum of May 12,
2008.
May 20, 2008 8
8.E. FINAL RELEASE OF RETAINAGE FOR THE PROFESSIONAL
ENGINEERING/LAND SURVEYING SERVICES FOR THE OLD DIXIE
HIGHWAYBRIDGE OVER THE SOUTHRELIEF CANAL. INDIANRIVER
COUNTY PROJECT NO. 0205
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
release of retainage to Bridge Design Associates, Inc., for
the Old Dixie Highway Bridge over the South Relief
Canal in the amount of $7,043.72, as recommended in the
memorandum of May 8, 2008.
8.F. G. K. ENVIRONMENTAL. INC.. WORK ORDER NO.2 FINAL PAY &
RELEASE OF RETAINAGE. 39THAVENUE BETWEEN f)9THSTREET AND
71 ST STREET, INDIANRIVER COUNTYPROJECTNO. 0422
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the final payment and release of retainage to G.K.
Environmental, Inc. on Invoice No. 031608, dated
03/16/08, in the amount of $3,020.00, as recommended in
the memorandum of May 7, 2008.
May 20, 2008 9
8.G. OSLO ROAD BRIDGE REPLACEMENTS AND ROADWAY WIDENING.
ENGINEERING SERVICES — FINAL RELEASE OF RETAINAGE. KIMLEY-
HORN & ASSOCIATES. INC. AMENDMENT NO. 7
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the final release of retainage to Kimley-Horn and
Associates, Inc. on Invoice No. 7030544-0308, dated
March 31, 2008, in the amount of $250.90, as
recommended in the memorandum of May 12, 2008.
8.H. WORK ORDER #12. APPLIED TECHNOLOGYAND MANAGEMENT INC..
SECTOR 7 BEACH RESTORATION. SUMMER 2008 POST CONSTRUCTION
MONITORING
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Work Order No. 12 to the contract with Applied
Technology and Management Inc., and authorized the
Chairman to execute said Work Order, as recommended in
the memorandum of May 12, 2008. This work is subject
to 50% cost sharing with the Florida Department of
Environmental Protection.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 20, 2008 10
8.L WORK ORDER #13, APPLIED TECHNOLOGYAND MANAGEMENT INC..
YEAR 3 MITIGATION REEF MONITORING
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Work Order No. 13 to the contract with Applied
Technology and Management Inc., and authorized the
Chairman to execute same, as recommended in the
memorandum of May 12, 2008. This work is eligible for
50% cost sharing with the Florida Department of
Environmental Protection.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. RIGHT-oF WAYACOUIsITioN, LAzYJ, LLC. A FLORIDA LIMITED
LIABILITY COMPANY, 2075 - 2085 43" AVENUE, VERO BEACH, FL
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Alternative No. 1, the purchase of right-of-way from Lazy
J, LLC, for $8,076.00, and authorized the Chairman to
execute the Agreement, as recommended in the
memorandum of May 13, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 20, 2008 11
8X NORTHAMERICANPROPERTIES I (NAP I) DEVELOPER AGREEMENT
FOR DEVELOPER WIDENING OF 53RD STREET BETWEEN US] AND NAP
I EAST PROPERTYLINE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Alternative No. 1, the Developer's Agreement with NAP
Indian River LLC, as recommended in the memorandum
of May 3, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. NORTHAMERICANPROPERTIES II (NAP II) DEVELOPER AGREEMENT
FOR DEVELOPER WIDENING OF 53RD STREET BETWEEN OLD DIXIE
IIIGHWAYAND US]
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Alternative No. 1, the Developer's Agreement with NAP
Indian River II LLC, as recommended in the
memorandum of May 4, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 20, 2008 12
S.M. RIGHT-OF-WAYACOUISITION VEROINVESTMENT 53, LLC, A
FLORIDA COMPANY, 5295 OLD DIXIE HIGHWAY, SOUTH OF 53 R1
STREET, VERO BEACH, FLORIDA
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Alternative No. 1, the $1,863,125.00 purchase, and
authorized the Chairman to execute the Agreement, as
recommended in the memorandum of May 14, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A.1. PUBLICHEARING
10.A.1. PUBLIC HEARING TO CONSIDER REVENUE DISTRIBUTION FORMULA
FOR 60 LOCAL OPTION GAS TAX
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Public Works Director Jim Davis recapped his backup memorandum of May 2,
2008, to provide background and details of the Revenue Distribution Formula which is used to
calculate the 6¢ Local Option Gas Tax, the revenues of which are shared by the County and the
five municipalities. He explained that County Code requires the Board to conduct a Public
May 20, 2008 13
Hearing biannually to consider the distribution formula, and he reported that there is a new chart
(see page 113 of the backup) showing the revenue percentages for the County and each
municipality for the next fiscal year. He thereafter presented staff's recommendation to obtain
public input, and to retain the existing Gas Tax Distribution Formula.
The Chairman opened the public hearing. Seeing no one, the Chairman closed the
public hearing.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously: (1)
approved retaining the existing Revenue Distribution
Formula, and (2) approved the 2008/2009 revenue
distribution percentages, as recommended in the
memorandum of May 2, 2008.
10.B. PUBLICDISCUSSIONITEMS
10.B.1. REOUEST TO SPEAK FROM DIAN GEORGE REGARDING SZECHUAN
PALACE RESTAURANT
Dian George, 1515 27th Ave., related that as of December 2007, the Szechuan
Palace Restaurant is being considered for a Historical Building designation on the National
Register of Historic Places, a designation which encompasses both the building and the integrity
of the property. After several consultations with staff, Ms. George had discovered that the
County would be taking 30 feet from the restaurant's site (for a road widening project), and that
the curb would be situated thirteen (13) feet from the restaurant. She reported that the subject
area was included in the Paladin Plan; stated that she had formerly provided information to staff
May 20, 2008 14
on the historical significance of the subject building; and asked the Commissioners to maintain
the site's integrity.
Joseph Paladin, Chairman, Growth Awareness Committee, talked about the areas
of right-of-way which had been included in the Paladin Plan, and invited staff to review the
design with him.
Clerk's Note: Mn. Paladin's above comments came after Item 10.B.2. and are
placed here for continuity.
No Board Action Required or Taken
IO.B.2. REOUEST TO SPEAK FROMDIAN GEORGE REGARDING VOTER
APPROVED VETERANS ExEMPTION PASSING ON 2007 BALLOT
Dian George, 1515 27th Avenue, asked the Board to initiate action on the 2007
Constitutional Amendment, which waives the requirement for Disabled Veterans 65 and older to
reapply to the Property Appraiser annually in order to receive their tax exemptions. She
explained that in order for the annual waiver to become effective in 2009, it would require a
majority vote of the Board.
Vice Chairman Davis offered to make the necessary Motion to move forward on
the waiver of this annual requirement for veterans.
Attorney Collins stated that there was no need for a vote at this time. He explained
that in order to get the tax exemption, veterans must submit annually an application confirming
their eligibility to the Property Appraiser. The Amendment referred to by Ms. George would
May 20, 2008 15
allow the County, at the request of the Property Appraiser, and by a majority vote of the Board,
to waive the annual requirement to apply, once the original application has been made and
granted. He informed the Board that an oral request or letter from David Nolte, Property
Appraiser, would be required for the Board to vote on the waiver of the annual application.
Vice Chairman Davis directed Attorney Collins to make a request in writing to Mr.
Nolte, to begin the initiation of this Amendment.
No Board Action Required or Taken
10AI REQUEST TO SPEAK FROM JOSEPH GUFFANTI REGARDING MY TAX
DOLLARS
Joseph Guffanti, 441 Holly Road, spoke in opposition to the County obtaining
bids for the privatization of the transfer stations. He urged the Board to abandon the proposal to
privatize these operations.
No Board Action Required or Taken
10.B.4. REOVEST TO SPEAK FROM FRED MENSING AND DOUGLAS
VITUNAC REGARDING REPEAL OF RESOL UTION 2008-043
Clerk's Note: Mr. Mensing explained that his attorney, Douglas Vitunac, would
be delayed. The Board agreed to wait for Attorney Vitunac and heard this item following Item
10.B.5. It is placed here for continuity.
May 20, 2008 16
Douglas Vitunac, Esquire, 756 Beachland Blvd., representing Fred Mensing,
spoke in opposition to Resolution 2008-043, the County's acceptance of the implied dedication
of a 60 -foot strip of land in Section 30 of the Fleming Grant Plat of 1888 (Resolution approved
on April 22, 2008). Attorney Vitunac informed the Board that Mr. Mensing, who owns Lot 15
in the Fleming Grant Subdivision, had fenced in and put a building in the area, and he was
claiming ownership of the site. He then briefed the Board on the Florida laws regarding land
dedications.
Attorney Vitunac provided a PowerPoint presentation depicting the Plat of
Fleming Grant where Mr. Mensing's lot is situated. He established that there was no writing on
the plats to indicate what the intent of the grantor was when the land was subdivided or platted
with the 60 -foot wide strips in 1888. Attorney Vitunac declared that leaving an undesignated
blank on a plat could not be held as sufficient proof to show that the owner's intention was to
dedicate the space for public use.
Attorney Vitunac referred to legal precedents to establish the validity of Mr.
Mensing's claim of ownership, and to question whether the strips were clearly intended for
public dedication. He noted that there was an ongoing legal dispute between Mr. Kirrie, the
neighboring property owner, and Mr. Mensing, regarding the ownership of this land. Attorney
Vitunac conveyed that it was not prudent for the County to get involved in this disagreement
between private property owners, unless the Board had evidence regarding an offer to dedicate
this land to public use.
Attorney Collins related that dedication of land could be implied by acts, and said
the question may be whether the act of depicting the 60 foot strips on the 1888 plat was evidence
of the intent. He explained that laws relating to the platting of land were not established until
1971. Attorney Collins declared that he would give careful consideration to the legal cases
May 20, 2008 17
provided to him by Attorney Vitunac, do some research, and return with more information to the
e . SI
Attorney Vitunac stated that he would take no actions on behalf of Mr. Mensing
until he heard back from the Board.
No Board Action Required or Taken
1O.B.5. REQUEST TO SPEAK FROM TIMOTHY) SCANNELL REGARDING
continuity.
ROAD MAINTENANCE FOR 87TH STREET WEST OF CR 512
Clerk's Note: This item was heard following Item IO.B.3. and is placed here for
Timothy J. Scannell, 15255 87th Street, stated that he had been working with
Vice Chairman Davis towards establishing County road maintenance on his street, approximately
one mile of roadway on 87th Street, west of CR 512 in Fellsmere. He reviewed the handout
which he had provided to the Board (copy on file), and gave the background, history, and
reasons for his request, pointing out the inequity of property owners paying taxes which go
toward paving other residents' roads, but not their own. He thereafter asked the County to
provide an Amendment to the Intergovernmental Agreement with Fellsmere Water Management
District to establish periodic road grader service to maintain this segment of the roadway.
Vice Chairman Davis informed the Board that when the subject road was built by
Sawmill Ridge, it became a standard for road stabilization as regards County requirements for
road grading. He explained that the County has a road grading program for maintaining roads
which have been brought up to County standards, and opined that the subject road meets that
May 20, 2008 18
specification, as it is stabilized and has a shell rock base. Vice Chairman Davis declared that the
quality of the road was such that it would be maintained by the County if it was located
elsewhere.
Chairman Bowden asked Assistant County Administrator Michael Zito to review
this matter, and to return with more information to the Board.
Assistant Administrator Zito conveyed what some of the requirements are for
County maintenance of the roadways. He said that staff would examine 87th Street relative to the
County's standards, and bring information back to the Board.
Public Works Director Jim Davis, through a PowerPoint presentation, displayed an
aerial view of the subject area, and explained the County's road grading policy as of 2004. He
gave a brief overview of other unpaved roads which are not maintained by the County, and
discussed the necessity for obtaining adequate right-of-way from the property owners to
accommodate the grading equipment. Director Davis stressed that the County uses paved roads
as the standard for taking over road maintenance.
Vice Chairman Davis posed questions to Director Davis regarding the road paving
program. He then asserted that Mr. Scannell has brought forth a legitimate concern as far as the
subject road, which he believed fits with the 2004 road grading plan, and should be included on
the road maintenance map.
Commissioner Wheeler pointed out that the taxes paid by the property owners go
to support the operations of all five elected officials, and not just toward road maintenance. He
felt that it was not fair for the general population to have to pay to fix the problems of those
homeowners who knowingly bought on an unpaved road, and therefore paid fewer taxes.
May 20, 2008 19
A question and answer period ensued between the Board and Director Davis
regarding the projected costs for the subject roadway, the length of the road, whether there was
sufficient right-of-way, how many residents lived on the road, and whether the road had been
part of the road grading program prior to 2004.
Mr. Scannell presented further arguments for the grading of the subject road, and
asked the Commissioners to recognize the unfairness of having its residents pay taxes to grade
other people's roads, while their own road deteriorates.
Vice Chairman Davis encouraged the other Commissioners to visit the subject road
to see first-hand why it is different than the other unpaved roadways, and he reassured Mr.
Scannell that the Board would be obtaining further information from the County Administrator.
Chairman Bowden directed Assistant Administrator Zito to review this matter, and
to return to the Board with a complete update. She added that this item could also be brought
back under Vice Chairman Davis's matters.
No Board Action Required or Taken
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR'S MATTERS -NONE
May 20, 2008 20
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT
I Z.A. L CONSIDERATION TO APPROVE ANINTERGOVERNMENTAL
MANAGEMENT AGREEMENT WITH THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT FOR THE NORTH SEBASTIAN CONSERVATION
AREA ADDITION (A.KA. ROSELAND SATELLITE FIELD TRACT LAAC
SITE
Chief of Environmental Planning Roland DeBlois recapped the backup
memorandum dated May 12, 2008, and used a PowerPoint presentation to provide background
information on the North Sebastian Conservation Area (NSCA) Addition, which would be
acquired by the St. Johns River Water Management District (SJRWMD) without any County
contribution. He reported that the SJRWMD wanted the County to manage the subject tract in
exchange for a 33% undivided title interest in the property. After outlining the
recommendations made by the Land Acquisition Advisory Committee (LAAC), he provided
details on the Intergovernmental Management Agreement with SJRWMD. Director DeBlois
thereafter presented staff's recommendation for approval of the Agreement, based on staff's
analysis (see pages 122 and 123 of the backup).
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Intergovernmental Management Agreement for the
North Sebastian Conservation Area (NSCA) Addition, and
authorized the Chairman to execute same, as
recommended in the memorandum of May 12, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 20, 2008 21
12.B. EMERGENCYSERVICES-NONE
12. C: GENERAL SERVICES NONE
12.D. HUMANRESOURCES-NONE
12.E. HUMANSERVICES-NONE
12.F. LEISURESERVICES-NONE
12.G. OFFICE OFMANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.L PUBLIC WORKS -NONE
12..1 UTILITIES SER VICES
12.11. 2 7TH DRIVE PETITION WATER SERVICE, INDIAN RIVER COUNTY
PROJECT NO. UCP -2906, RESOL UTION I V - FINAL ASSESSMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Resolution 2008-055, certifying "as -built" costs
for installation of water service to 27th Drive North of 4th
Street in Indian River County, Florida, and such other
construction necessitated by such project; providing for
May 20, 2008 22
formal completion date, and date for payment without
penalty and interest.
13. COUNTY ATTORNEY MATTERS -NONE
14. COMMISSIONER ITEMS
14.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -NONE
14. B. COMMISSIONER WESLEY S. DA VIS, VICE CHAIRMAN -NONE
14. C. COMMISSIONER JOSEPH E. FLESCHER NONE
14.D. COMMISSIONER PETER D. O'BRYAN
14. D. I. REOUEST FOR APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS
TO SEND A LETTER IN SUPPORT OF THE PROPOSED SECTOR 3
RESTORATION PROJECT
Commissioner O'Bryan recapped the backup memorandum of May 13, 2008 to
brief the Board on this item. He asked for Board support of the recommendation made by the
Beach & Shore Preservation Advisory Committee at its March 17, 2008 meeting, for the
Commission to draft a letter (see page 156 of the backup) to the Florida Department of
Environmental Protection (FDEP) supporting the Sector 3 Beach Restoration Project, which is
currently under permitting review by the Florida Department of Environmental Protection's
Bureau of Beaches and Coastal Systems.
May 20, 2008 23
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Wheeler, to send a letter
to the Florida Department of Environmental Protection
(FDEP), supporting the proposed Sector 3 Beach
Restoration Project.
UNDER DISCUSSION, Vice Chairman Davis wondered if a Resolution should be
done instead of, or in conjunction with, the letter. The Board Consensus was that sending the
letter would suffice.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board unanimously
approved sending a letter to the Florida Department of
Environmental Protection (FDEP), in support of the
proposed Sector 3 Beach Restoration Project, as presented,
and as recommended in the memorandum of May 13,
2008.
14.E. COMMISSIONER GARY C. WHEELER -NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT --NONE
I5.B. SOLID WAsTE DISPOSAL DIsmcT-Nom
May 20, 2008 24
1*4-1 11.�
1 S. C. ENVIRONMENTAL CONTROL BOARD -NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 10:38 a.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved:
BCC/MG/2008Minutes
JUN 1 7 2008
Sandra L. Bowden, Chairman
8 135 K 164
May 20, 2008 25