HomeMy WebLinkAbout06/17/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 17, 2008
1. CALL TO ORDER.........................................................................................1
2. INVOCATION................................................................................................1
3. PLEDGE OF ALLEGIANCE.......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS..............................................................................................................2
5. PROCLAMATIONS AND PRESENTATIONS........................................2
S.A. PRESENTATION OF PROCLAMATION DESIGNATING JUNE 27, 2008 AS
NATIONAL HIV TESTING DAYININDIAN RIVER COUNTY..........................................2
5.B. PRESENTATIONBYDEIRDREA. IRWIN, FLORIDA WATER STAR COORDINATOR,
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, OFFICE OF
COMMUNICATIONS AND GOVERNMENTAL AFFAIRS....................................................3
S.C. ADDITION: PROCLAMATION DESIGNATING JUNE I8, ZOOS AS FREEDOM SHRINE
DAYININDIANRIVER COUNTY....................................................................................4
6. APPROVAL OF MINUTES.........................................................................4
6.A. REGULAR MEETING OFMAY2O, 2008.........................................................................4
1
June 17, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION -NONE ..... 4
8. CONSENT AGENDA.....................................................................................5
B.A. APPROVAL OF WARRANTS - MAY30, 2008 THROUGHJUNE 5, 2008 .........................5
8.B. REQUEST TO SETA PUBLIC HEARING FOR .JULY 15, 2008, FOR AN
APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR A CLASS EI CERTIFICATE FROM CONSULATE HEALTH CARE OF VERO
BEACH........................................................................................................................... 5
8.C. APPROVAL OF FY200812009 AND 2009/2010 RADIOLOGICAL EMERGENCY
PREPAREDNESSAGREEMENT (REP GRANT)...............................................................6
B.D. LEASEEXTENSION,516566THAVENUE-66THAVENUEWIDENING AND
IMPROVEMENTS, COUNTYPROJECTNo. 0370, DAVID ROBERT GEAR Y, OWNER ...... 6
B.E. .JOINT PARTICIPATIONAGREEMENT (JPA), AMENDMENT NO.2 WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR: TRAFFIC SIGNAL
SYSTEM ENHANCEMENTS............................................................................................. 7
8.F. 80O MHZPUBLIC SAFETYRADIO SYSTEMSOFTWARE AGREEMENT ......................... 7
8.G. 17TH STREET EAST OF 5THAVENUE WATER MAINREPLACEMENT PROJECT -
RELEASE OFRETAINAGE & FINAL PAYMENT TO CONTRACTOR.................................8
B.H. E911 PINPOINT SERVICES............................................................................................8
8.L RENEWAL OF FLORIDA POWER & LIGHT (FP&L) CARE TO SHARE
AGREEMENT.................................................................................................................. 8
8.J. REJECTIONOFIRCBID#2008042—LAWNMAINTENANCE......................................9
B.K. APPROVAL OF SECOND LEASE MODIFICATION FOR SPACE AT 2525 ST. L UCIE
AVENUE......................................................................................................................... 9
B.L. KASHI CHURCHFOUNDATION'SREQUEST FOR FINAL PLATAPPROVAL FOR A
PLANNED DEVELOPMENT TO BE KNOWNAS KASHI CARE CENTER P.D..................... 9
B.M. KASHI CHURCH FOUNDATION'S REQUEST TO REPLAT A PLATTED SUBDIVISION
TO BE KNOWNAS KASHI VILLAGE P.D. -PHASE IA..................................................10
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June 17, 2008
B.N. APPROVAL OF BID AWARD FOR IRCBID NO.2008049 LANDscAPE
MANAGEMENT AND MAINTENANCE SERVICES, IRC ROAD AND BRIDGE
DIVISION......................................................................................................................10
8.0. RANDALL G. TEDDER CONSTRUCTION, INC. (SOLESOURCE VENDOR TO
PROVIDE PLANS AND CONSTRUCTION FOR THE OSLO ROAD BOAT RAMP
REPLACEMENT, WOODENDOCKSANDFISHINGPIER,IRCPROJECTNO.0381..... 10
B.P. WORK ORDER NO. 9 (ENGINEERING/SURVEY), COUNTYROAD 510 & USI
INTERSECTIONIMPROVEMENTSPROJECT, RIGHT-OF-WAY& LAND
ACQUISITION-BOUNDARYSURVEYS, CARTER ASSOCIATES, INC, FULL AND
FINAL PAYMENT, IRCPROJECTNO. 0610................................................................11
8.Q. INDIAN RIVER COUNTY- PUBLIC WORKS, GEOGRAPHIC INFORMATION
SYSTEM(GIS) SERVICES, INDIANRIVER CONTRACTNO.0826, PRIVITY
AGREEMENTAND WORK ORDER NO. I (SURVEYING/TRAFFICENGINEERING)
WITH NORTHSTAR GEOMATics, INC...........................................................................12
B.R. ARTDISPLAYINCOUNTYADMINISTRATIONBUILDINGS...........................................13
S.S. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTYLOCATED AT
4705 66'A vENUE......................................................................................................13
8. T. CENTURY TOWN CENTER DEVELOPER AGREEMENT FOR DEVELOPER
CONTRIBUTIONS TO INTERSECTION IMPROVEMENTS AT S.R. 60 AND 58TH
AVENUE, AMENDMENT NO. I.....................................................................................14
8. U. PROFESSIONAL ENGINEERING SERVICES FOR COMPLETION OF THE ENCLAVE
SUBDIVISION...............................................................................................................15
L' 60107.Y ►`LZl[o]i/-wo"WI 3101►o r.1111
AGENCIES-NONE.......................................................................................15
10. PUBLIC ITEMS............................................................................................16
IO.A. PUBLICHEARING..................................................................................................16
IO.A.1. MINING MORATORIUM ORDINANCE EXTENSION....................................................16
IO.B. PUBLICD]SCUSSIONITEMS..............................................................................18
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June 17, 2008
10.B.1. REQUEST TO SPEAK FROM CHARLES WILSON FOR IMAGINE SCHOOLS
REGARDING MONTHLY UPDATE ON PROGRESS OF IMAGINE SCHOOL
CONSTRUCTION...........................................................................................................18
10.C. PUBLIC NOTICE ITEMS........................................................................................ 18
10. C 1. NOTICE OF SCHEDULED PUBLIC HEARING FOR JULY 1, 2008: ............................. 18
AMENDMENT TO INDIANRIVER COUNTY CODE CHAPTER 214 STATE ROAD 60
INTEREST SHARE FEE (LEGISLATIVE).......................................................................18
10.02. NOTICE OF SCHEDULED PUBLICHEARING FOR JULY 8,2008: BOARD
CONSIDERATION TO FORMALLYDESIGNATE A 1/3 MILE SEGMENT OF OLD
DIXIEHIGHWAYSouTHOFCR 512 ASAHISTORICROAD (QUASI-JUDICIAL)........ 19
11. COUNTY ADMINISTRATOR'S MATTERS -NONE ............................19
12. DEPARTMENTAL MATTERS.................................................................19
12.A. COMMUNITYDEVELOPMENT-NONE...........................................................................19
I2.B. EMERGENCYSERVICES-NONE...................................................................................19
12C, GENERAL SERVICES-NONE.........................................................................................19
12.D. HUMANRESOURCES-NONE........................................................................................19
12.E. HUMANSERVICES-NONE............................................................................................19
12.F. LEISURE SERVICES-NONE..........................................................................................19
12G. OFFICE OF MANAGEMENT AND B UDGET-NONE.......................................................19
12.IL RECREATION NONE....................................................................................................20
12.L PUBLIC WORKS............................................................................................................20
12.L1. STATE ROAD 60 BETWEEN82NDAVENUE AND 66THAVENUE, COUNTY -
ADVANCED FUNDING FOR WIDENING STATE ROAD 60 FROM 4 -LANES TO 6 -
LANES, LOCALLY FUNDED AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION, AMENDMENT NO. I
..20
12.J UTILITIES SERVICES...................................................................................................21
12.11. SANSEBASTIAN SPRINGS SUBDIVISION PETITION WATER SERVICE, INDIAN
RIVER COUNTYPROJECTNO. UCP -3014, PRELIMINARYASSESSMENT
RESOL UTIONS I AND II............
June 17, 2008
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..21
12JZ Z CHANGE ORDER NO. I TO IRC CONTRACT 2007044 WITH WELLS AND WATER
SYSTEMS, INC. FOR THE CONSTRUCTION OF WELLS 7 THROUGH 9 AT THE
NORTH COUNTYR0 FACILITY...................................................................................23
13. COUNTY ATTORNEY MATTERS.........................................................24
B.A. EMINENTDOMAINNOTICES.......................................................................................24
13.B. INTERLOCAL SERVICE BOUNDARYAGREEMENT STAND DOWNEXTENSION ...........27
14. COMMISSIONER ITEMS.........................................................................28
M.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN...................................................28
14.A.I. ENTERPRISE DEVELOPMENT ZONE.........................................................................28
14.B. COMMISSIONER WESLEYS, DA VIS, VICE CHAIRMAN-NONE...................................28
14. C. COMMISSIONER JOSEPH E. FLESCHER-NONE..........................................................28
14.D. COMMISSIONER PETERD. O' BRYAN-NONE.............................................................28
14.E. COMMISSIONER GARY C. WHEELER..........................................................................29
14.E.I. DISCUSSIONRELATED TO CHARTER GOVERNMENT INFORMATION ON
WEBSITE...................................................................................................................... 29
(NO BACKUP) ..........................................................................................................................29
15. SPECIAL DISTRICTS AND BOARDS....................................................30
I5.A. EMERGENCY SERVICESDISTRICT-NONE..................................................................30
15.B. SOLID WASTE DISPOSAL DISTRICT............................................................................ 30
1 S.B.I. CUSTOMER CONVENIENCE CENTERS - SUMMARYREPORT ONREQUEST FOR
PROPOSALS
..30
15. C. ENVIRONMENTAL CONTROL BOARD-NONE...............................................................31
16. ADJOURNMENT.........................................................................................31
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June 17, 2008
June 17, 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 St., Vero Beach, Florida, on
Tuesday, June 17, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley S.
Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, Assistant County Attorney Marian Fell, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Dawn Reichard, Christ By the Sea United Methodist Church, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
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June 17, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Bowden requested the following changes to today's Agenda:
1. Delete Item 8.1 - Rejection of IRC Bid # 2008042 - Lawn Maintenance
2. Delete Item 8.N. - Approval of Bid Award for IRC Bid No.2008049 Landscape
Management and Maintenance Services, IRC Road and Bridge Division
3. Add Item 5.C. - Proclamation Designating June 18, 2008 as Freedom Shrine
Day in Indian River County
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 OFPROCLAMATIONDESIGNATING JUNE 27.2008 AS
NATIONAL HIV TESTING DAYININDIAN RIVER COUNTY
Commissioner Flescher read and presented the Proclamation to Clayton Weiss,
Center for Disease Control Public Health Apprentice, representing the HIV/AIDS Awareness
Network of Indian River County. Mr. Weiss thanked the Board and the members of the
HIV/AIDS Network, many of whom were in attendance.
John May, Patient Care Outreach Worker, representing the Health Department,
informed everyone that he could be contacted at 772-794-7477 for a free, confidential and
anonymous HIV test. He reported that on June 27, 2008, testing would be conducted from 9:00
a.m. to 11:00 a.m. in front of the Health Department.
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June 17, 2008
S.B. PRESENTATION BYDEIRDRE A. IRWIN• FLORIDA WATER STAR
COORDINATOR. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,
OFFICE OF COMMUNICATIONS AND GOVERNMENTAL AFFAIRS
Deirdre A. Irwin, St. John's River Water Management District (SJRWMD), gave
a comprehensive report (PowerPoint on file) discussing the mission of the Water Control
District, and detailing the Water Star Program, which goal is water conservation. She discussed
some of the components of obtaining Water Star certification, and talked about some innovations
relating to irrigation systems and to the green building industry. She discussed the growth of,
and the future plans for, the Water Star program, and announced that information on water
conservation and the Water Star Program is available at the website: www.floridawaterstar.com.
She thereafter responded to questions from the Board.
Vice Chairman Davis suggested having a link from the County's website to the
Water Star website.
A brief discussion ensued between Commissioner O'Bryan and Ms. Irwin
regarding the need for builders to develop more efficient ways of delivering hot water to
showerheads.
Chairman Bowden thanked Ms. Irwin and invited her to return at any time.
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June 17, 2008
5.0 ADDITION: PROCLAmATIONDESIGNATING .JUNE 18, 2008 AS FREEDOM
continuity.
,SHRINE DA Y IN INDIAN RIVER COUNTY
Clerk's Note: This item was heard following Item S.A. and is placed here for
Chairman Bowden read and presented the Proclamation to Eric Menger and five
other members of the Treasure Coast Exchange Club: David Hooper, the incoming President,
and Joe Coakley, Georgia Irish, and Robert Poe. Mr. Menger invited everyone to attend the
dedication of the Freedom Shrine, to be held on June 18, 2008 at 5:30 p.m. at the Supervisor of
Elections Office.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF MAY 20, 2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of May 20, 2008. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Bowden, the Board unanimously approved
the Minutes of the Regular Meeting of May 20, 2008, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION -NONE
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June 17, 2008
8. CONSENT AGENDA
Commissioner O'Bryan requested to pull Items 8.Q and 8.S. for discussion.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS - MAY30, 2008 THROUGH.JUNE 5, 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 30, 2008 to June 5, 2008, as
requested in the memorandum dated June 5, 2008.
8.B. REQUEST TO SETA PUBLIC HEARING FOR .JULY 15, 2008, FOR AN
APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR A CLASS EI CERTIFICATE FROM CONSULATE HEALTH
CARE OF VERO BEACH
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
July 15, 2008, as the public hearing date to consider the
application submitted by Consulate Health Care of Vero
Beach, as recommended in the memorandum of May 28,
2008.
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June 17, 2008
8.0 APPROVAL of FY200812009 AND 200912010 RADIOLOGICAL
EMERGENCYPREPAREDNESSAGREEMENT (REP GRANT)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the FY 2008/2009 and FY 2009/2010 Radiological
Emergency Preparedness Agreement, and authorized the
Chairman to execute the necessary documents, as
recommended in the memorandum of June 5, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. LEASE EXTENSION. 5165 66TH A vENUE - 66T H A VENUE WIDENING
AND IMPROVEMENTS, COUNTYPROJECT NO. 03 70, DAVID ROBERT
GEARY, OWNER
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Alternative No. 1, the Lease Renewal Agreement,
allowing David Robert Geary to remain in the premises
and amending the lease to terminate on June 30, 2009; and
authorized the Chairman to execute same, as
recommended in the memorandum of May 30, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 17, 2008
8.E. JOINTPARTICIPATIONAGREEMENT (JPA). AMENDMENT NO. 2 WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FD 0T) FOR:
TRAFFIC SIGNAL SYSTEM ENHANCEMENTS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved:
Resolution 2008-078, authorizing the execution of
District Four Joint Participation Agreement Amendment
Number Two for enhancement of computerized traffic
signal system operations in Indian River County.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. 80O MHz PUBLIC SAFETYRADIO SYSTEMSOFTWARE AGREEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized the Chairman to sign the Amended Agreement
with M/A-COM, Inc., as recommended in the
memorandum of June 9, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 17, 2008
8.G. 17TR STREET EAST OF 5THAVENUE WATER MAINREPLACEMENT
PROJECT— RELEASE OF RETAINAGE & FINAL PAYMENT TO
CONTRACTOR
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Application for Pay Request No. 2 - Final as final payment
to the Contractor, Underground Utilities, Inc., in the
amount of $906.88 as presented, and as recommended in
the memorandum of May 29, 2008.
8.H. E911 PINPOINT SERVICES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized the County Administrator or his designee to
approve the LETTER OF ELECTION, as recommended in
the memorandum of May 20, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L RENEWAL OF FLORIDA POWER & LIGHT (FP&L) CARE TO SHARE
AGREEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Care To Share Agreement with Florida Power and
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June 17, 2008
Light (FP&L), and authorized the Chairman to execute the
Agreement, as recommended in the memorandum of June
9, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. J. REJECTION OF IR C BID # 2008042 —LAWN MAINTENANCE
This item was deleted from the Agenda.
$.K. APPROVAL OF SECOND LEASE MODIFICATION FOR SPACE AT 2525 ST.
L UCIE AVENUE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Second Lease Modification Agreement with Treasure
Coast Homeless Services Council, Inc., and authorized the
Chairman to sign the Agreement, as recommended in the
memorandum of June 10, 2008.
$.L. KASHI CHURCHFOUNDATION'S REOUEST FOR FINAL PLATAPPROVAL
FOR A PLANNED DEVELOPMENT TO BE KNO RW AS KASHI CARE
CENTER P.D.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously granted
final plat approval for the Kashi Care Center Planned
9
June 17, 2008
Development (P.D.), as recommended in the
memorandum of June 6, 2008.
8.M. KASHI CHURCH FOUNDATION'S REQUEST TO REPLAT A PLATTED
SUBDIVISION TO BE KNOWNAS KASHI VILLAGE P.D. —PHASE IA
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously granted
final plat approval for The Village of Kashi Planned
Development (P.D.) Phase IA, as recommended in the
memorandum of June 6, 2008.
8.N. APPROVALOFBIDAWARDFORIRCBIDN0.2008049LANDSCAPE
MANAGEMENT AND MAINTENANCE SERVICES, IRC ROAD AND
BRIDGE DIVISION
This item was deleted from the Agenda.
8.0. RANDALL G. TEDDER CONSTRUCTION.INC. (SOLESOURCE VENDOR)
TO PROVIDE PLANS AND CONSTRUCTION FOR THE OSLO ROAD BOAT
RAMP REPLACEMENT. WOODENDOCKS AND FISHING PIER. IRC
PROJECT NO. 0381
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved:
(1) the single source contractor, Randall G. Tedder
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June 17, 2008
Construction. Inc., and the proposal in the amount of
$154,400.00; (2) a standard County contract being
negotiated with Randall G. Tedder Construction, Inc.,
being modified as appropriate; and (3) delegated the
authority to the County Administrator after review by
County staff, as recommended in the memorandum of
June 10, 2008.
8.P. WORK ORDER NO. 9 (ENGINEERING/SURVEY), COUNTYROAD 510 &
USI INTERSECTION IMPROVEMENTS PROJECT, RIGHT-OF-WAY &
LAND ACQUISITION— BOUNDARYSURVEYS, CARTER ASSOCIATES,
INC., FULL AND FINAL PAYMENT, IRC PROJECT NO. 0610
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
payment of Carter Associates, Inc. Invoice No. 08311-1,
dated June 3, 2008, in the amount of $12,200.00 for full
and final payment of Work Order No. 9, as recommended
in the memorandum of June 9, 2008.
June 17, 2008
11
8.0. INDIANRIVER COUNTY—PUBLIC WORKS. GEOGRAPHIC
INFORMATIONSYSTEM (GIS) SERVICES. INDIAN RIVER CONTRACT
NO. 0826. PRIVITYAGREEMENT AND WORK ORDER NO. I
(SURVEYING/TRAFFICENGINEERING) WITHNORTHSTAR GEOMATICS,
INC.
Commissioner O'Bryan wanted to know if the project's expense could be justified
in terms of necessity to public health, safety, and welfare, and he inquired what other costs might
surface subsequent to Work Order No. 1, which would only provide for a GIS Traffic Sign
inventory.
Assistant Public Works Director Chris Mora related that inventorying the signs and
placing them into the GIS system, would be very helpful in terms of replacing them after an
emergency, and in discerning the age and condition of the signs. He noted that there would be an
update to the Manual on Uniform Traffic Control Devices (MUTCD) in 2009, which would
require Counties to track things like reflectivity.
Director Mora responded to questions regarding what additional work and costs
might ensue after the completion of the sign inventory, and whether crucial emergency
information would be inputted into the GIS System prior to the mapping of the traffic signs. He
thereafter informed the Board that staff was asking to piggyback the contract with the City of
Stuart, and conveyed that staff would be returning with more information.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Davis, for discussion, to
table this item until staff comes back with the full price
and scope of the project.
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June 17, 2008
Chairman Bowden questioned whether staff would be re -assessing the need for the
signs in various locations, and Mr. Mora affirmed that this would be part of the process.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved to
TABLE this item until staff could return with more
information on the costs and scope of the Geographic
Information System (GIS) Services project.
8.R. ART DISPLAYIN COUNTYADMINISTRATION BUILDINGS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the request by the Cultural Council of Indian River County
for multiple exhibits provided that the Council coordinates
with the General Services Director, and that exhibitions
comply with the general policies previously approved with
the exception that the County will install the hanging
display system, as recommended in the memorandum of
June 10, 2008.
8.S. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY
LOCATED AT 4705 66T"AVENUE
Commissioner O'Bryan asked staff to confirm that a mediation agreement had
already been reached.
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June 17, 2008
Assistant County Attorney Marian Fell affirmed this, and invited Assistant County
Administrator Michael Zito to report on this item.
Assistant Administrator Zito stated that he had attended a ten-hour mediation
which resolved the purchase and sale of the subject property. He stated that this was a formality
so that the County could acquire title to the property through eminent domain in an abundance of
caution.
Commissioner O'Bryan asked if the eminent domain proceedings had been
friendly, and this was confirmed by Assistant Administrator Zito.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Resolution 2008-079, declaring a reasonable
necessity to acquire certain real property for the purposes
of improving and reconstructing 66th Avenue, including
side street, intersection and water retention pond
improvements; authorizing the County Attorney to acquire
the attached properties by the institution of proceedings in
eminent domain, and providing an effective date.
8. T. CENTURY TOWN CENTER DEVELOPER AGREEMENT FOR DEVELOPER
CONTRIBUTIONS TO INTERSECTIONIMPROVEMENTSAT S.R. 60 AND
58THAVENUE, AMENDMENT NO. I
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
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June 17, 2008
Alternative No. 1, authorizing the Chairman to sign
Amendment No. 1 to the Developer Agreement with CRF -
Panther IX, LLC, as recommended in the memorandum of
June 10, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. U. PROFESSIONAL ENGINEERING SERVICES FOR COMPLETION OF THE
ENCLAVE SUBDIVISION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Professional Civil Engineering Services
Agreement to Schulke, Bittle and Stoddard, LLC, for a
contract not to exceed amount of $10,000.00 for
engineering services plus $2,500.00 for survey services,
for a total contract of $12,500.00, as recommended in the
memorandum of June 11, 2008.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
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June 17, 2008
10. PUBLIC ITEMS
10.A. PUBLICHEARING
IO.A.1. MINING MORATORIUM ORDINANCE EXTENSION
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assistant County Attorney Marian Fell recalled the Board's adoption, in January
2008, of a Mining Moratorium which expires on July 10, 2008, and related that the County
Attorney had been authorized to prepare an Ordinance to extend the existing moratorium. She
also related that this was the second of two required public hearings, and pointed out that the
ending date for the moratorium expansion should be January 10, 2009, rather than January 7,
2009 (as presented on the draft Ordinance). Attorney Fell thereafter asked the Board to open the
public hearing, receive public input, and approve the proposed Ordinance.
Clerk's Note: The incorrect date of January 10, 2009 was read into the record.
Following the public hearing, it was confirmed that the correct date is January 7, 2009.
The Chairman opened the public hearing.
Fred Mensing, 7580 129th Street, made observations regarding the necessity for
sand mine availability to accommodate burgeoning industry, and asked the Board to consider
extending the moratorium for three months, with the option to further extend if necessary.
Commissioner Flescher asked if the Planning and Zoning Commission (PZC) were
to conclude its studies before the expiration date, if this issue could be brought back earlier, and
learned from Attorney Fell that the Ordinance includes a provision for earlier termination.
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June 17, 2008
Susan Boyd, 8025 24th Street, disclosed that she was a candidate for County
Commission, and voiced her support for the moratorium extension, and for establishing good
mining regulations.
There were no additional speakers and the Chairman closed the public hearing.
Vice Chairman Davis divulged that he had a conflict of interest due to his brother's
ownership of a mine; thus, he would not vote on the moratorium.
ON MOTION by Commissioner O'Bryan , SECONDED
by Commissioner Wheeler, the Board, by a 4-0 vote (Vice
Chairman Davis recused himself) adopted Ordinance
2008-012, extending by six months to January 7, 2009, the
moratorium on the acceptance of applications and
processing of applications for mining Administrative
permit approvals and issuance of mining permits;
providing for prohibition; providing for exemptions;
providing for conflicts; providing for severability; setting
forth effective and expiration dates.
Clerk's Note: Form 8B, Memorandum of Voting Conflict for County, Municipal
and other Local Public Officers, is on file in the office of the Clerk to the Board.
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June 17, 2008
10.B. PUBLICDISCUSSIONITEMS
10.B.1. REQUEST TO SPEAK FROM CHARLES WILSON FOR IMAGINE
SCHOOLS REGARDING MONTHLY UPDATE ON PROGRESS OF IMAGINE
SCHOOL CONSTRUCTION
Charles Wilson, 2645 St. Lucie Ave., updated the Board on the progress of
Imagine Schools, which is due to open in August 2008. He noted that this project was a great
example of the new "open for business" attitude that the County wants to project, and he thanked
the Board and County staff for their support.
Joe Mills, 6750 49th Court, Principal of Imagine Schools, stated that over four
hundred students were enrolled, and related that there was a great deal of excitement surrounding
the school's opening.
Dennis O'Neal, Imagine Schools Contractor, commented on how helpful County
staff had been, and thanked staff and the Board for supporting this endeavor.
No Board action required or taken
10. C. PUBLIC NOTICE ITEMS
10. C. 1. NOTICE OF SCHEDULED PUBLIC HEARING FOR JULY 1, 2008:
AMENDMENT TO INDIAN RIVER COUNTY CODE CHAPTER 214 STATE
ROAD 60 INTEREST SHARE FEE (LEGISLATIVE)
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June 17, 2008
1 O. C 2. NOTICE OF SCHED ULED PUBLIC HEARING FOR JULY 8, 2008:
BOARD CONSIDERATION TO FORMALLYDESIGNATEA 1/3 MILE
SEGMENT OF OLD DIXIE HIGHWAYSOUTH OF CR 512 AS A HISTORIC
ROAD (QUASI-JUDICIAL)
The Chairman read the notices into the record.
11. COUNTY ADMINISTRATOR'S MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT-NONE
12.B. EMERGENCYSERVICES-NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES -NONE
12.E. HUMANSERVICES-NONE
12.F. LEISURE SER VICES -NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE
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June 17, 2008
12H. REcREATloN-NoNE
12.L PUBLIC WORKS
12.L1. STATE ROAD 60 BETWEEN 82ND AVENUE AND 66THAVENUE. COUNTY -
ADVANCED FUNDING FOR WIDENING STATE ROAD 60 FROM 4 -LANES
TO 6 -LANES. LOCALLY FUNDEDAGREEMENT WITHFLORIDA
DEPARTMENT OF TRANSPORTATION. AMENDMENT NO. 1
Assistant Public Works Director Chris Mora recapped the backup memorandum
dated June 9, 2008, to update the Board on the Locally Funded Agreement with the Florida
Department of Transportation (FDOT). He advised the Board that the FDOT had reduced the
amount of County -advanced funds for the widening of SR60 from $34,669,601.00 to
$23,833,362.00, and an amendment to the original agreement must be adopted in order to
implement the lower payment. He noted that the reduced County payment would result in a
lower interest loss associated with advancing the funds, which would allow the County to reduce
the SR60 Interest Share Fee, which is charged to Developers. Director Mora thereafter provided
staff's recommendation for: (1) approval of Amendment 1 to the Locally Funded Agreement;
and (2) authorization for staff to amend the SR60 Interest Share Fee Ordinance.
Commissioner O'Bryan MOVED, SECONDED by Vice
Chairman Davis, for discussion, to approve staff's
recommendation.
Commissioner O'Bryan was pleased to see the cost reduced for the widening of
SR60. He also commended the builders and developers who have been paying the SR60
Interest Share Fee.
20
June 17, 2008
Vice Chairman Davis observed that the fee reduction would benefit the community
as it continues to develop educational and other facilities.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board: (1) approved
and authorized the Chairman to sign Amendment No. 1 to
the Locally Funded Agreement with the Florida
Department of Transportation (Alternative No. 1); and (2)
authorized staff to amend the SR60 Interest Share Fee
Ordinance to reflect the changes associated with
Amendment No. 1, thereby formally adopting the new
(lower) developer fee and implementing any future fee
changes via Resolution, all as recommended in the
memorandum of June 9, 2008.
12. J. UTILITIES SER VICES
12. J. 1. SAN SEBASTIAN SPRINGS SUBDIVISION PETITION WATER SERVICE,
INDIANRIVER COUNTYPROJECTNO. UCP -3014, PRELIMINARY
ASSESSMENT RESOL UTIONS I AND II
Dan Chastain, Manager of Assessment Projects, recapped the memorandum of
June 2, 2008 to brief the Board on this water petition project for the San Sebastian Springs
Subdivision. He informed the Board that the property owners' bills would be mailed out
subsequent to the approval of the Preliminary Assessment Resolutions I and II, and noted that the
owners would be invited to attend an informational meeting at the North County Library on June
26, 2008. He thereafter asked for Board approval of staff's recommendation to approve
21
June 17, 2008
Resolutions I and II, approving the preliminary assessment roll and establishing the public
hearing date.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the following Resolutions:
(I) Resolution 2008-080, providing for water main
expansion to San Sebastian Springs Subdivision in Indian
River County, Florida; providing the total estimated cost,
method of payment of assessments, number of annual
installments, and description of the area to be served; and
(II) Resolution 2008-081, setting a time and place at
which the owners of properties located in San Sebastian
Springs Subdivision in Indian River County, Florida, and
other interested persons, may appear before the Board of
County Commissioners of Indian River County and be
heard as to the propriety and advisability of constructing
the water main extension, as to the cost thereof, as to the
manner of payment therefor, and as to the amount thereof
to be specially assessed against each property benefited
thereby.
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June 17, 2008
12..1.2. CHANGE ORDER NO. I TO IRC CONTRACT 2007044 WITH WELLS AND
WATER SYSTEMS, INC. FOR THE CONSTRUCTION OF WELLS 7
THROUGH 9 AT THE NORTH COUNTYR0 FACILITY
Utilities Director Erik Olson recalled that in September 2007, the Board had
approved construction of three wells at the North County Reverse Osmosis (RO) Facility.
Director Olson recapped the backup memorandum of May 27, 2008 to provide background
information on the St. Johns River Water Management District's (SJRWMD) recommendation to
construct an additional three wells, which recommendation was accepted by the County. He
explained staff's rationale for selecting the original contractor of the first three wells, Wells and
Water Systems, Inc., to do the additional work, and thereafter asked the Board to approve staff's
recommendation for Change Order No. 1 to the contract with Wells and Water Systems, Inc.
Commissioner Flescher, MOVED, SECONDED by
Commissioner Wheeler, for discussion, to approve staff's
recommendation, the construction of the three additional
wells.
Director Olson responded to questions from Commissioner Wheeler regarding a
time -line for completion of the wells, and for evaluation of the impacts on the surrounding
agricultural areas.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
Change Order No. 1 to IRC Contract 2007044 with Wells
and Water Systems, Inc., to construct three additional
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June 17, 2008
wells at a cost $736,965.00, and authorized the Chairman
to execute same, as recommended in the memorandum of
May 27, 2008.
13. COUNTY ATTORNEY MATTERS
B.A. EMINENT DOMAINNonm
Assistant County Administrator Michael Zito presented this item for Attorney
Collins, who was unable to attend today's meeting. He recalled that on June 3, 2008, the Board
had requested Attorney Collins to investigate concerns regarding proper notice being sent to
property owners in the County's right-of-way acquisitions. Assistant Administrator Zito
reviewed a memorandum prepared by Attorney Collins (pages 226 & 227 of the backup) and
said that the issue came down to whether a particular notice enumerating specific rights under
the Eminent Domain Statute was required to be sent when staff was initiating an arms -length
negotiation for a right-of-way acquisition. It had been Attorney Collins's interpretation that
when the County acquired property through an arms -length negotiation, said notice was not
required to be sent; however, in an abundance of caution, the County Attorney would now be
issuing the notices in all cases.
Commissioner Wheeler had two main concerns: (1) to ensure that the property
owners are given clear and easily accessible information on their rights and on the County's
process for right-of-way acquisitions; and (2) to expedite the process when right-of-way
acquisitions are transacted with willing sellers.
Assistant Administrator Zito conveyed that a cover letter highlighting the sellers'
rights would accompany the notices, along with a copy of the statute.
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June 17, 2008
A brief discussion ensued between the Board and staff regarding the availability of
a contact person in the County to answer questions from property owners.
Ruth Stanbridge, 4835 66th Ave, believed that the County was not following
Resolution 2007-027, which sets policy for right-of-way acquisitions for road expansion and
improvement projects. She requested that the Board have staff give a presentation to explain the
County's process and interpretation of the law.
Assistant Attorney Marian Fell expressed that the County Attorney would review
Resolution 2007-027.
Charlene Brown, 5145 66th Avenue, believed that the property owners were not
being apprised of their rights. She did not understand why the County did not follow the process
authorized by Chapter 73 of the Florida Statutes.
Commissioner O'Bryan felt that the County does treat sellers fairly. He recounted
a recent transaction where the County extended a year long rent-free lease to a property owner
whose entire property had been purchased.
Assistant Administrator Zito provided a legal interpretation of the statutes alluded
to by Ms. Brown, to validate that until such time as the County decides to cease arms -length
negotiations and to enact eminent domain, the Statutes do not engage.
William Harris, 5555 8th Street, related his bewilderment upon receiving a letter
sent by the County which included a contract to purchase some of his property, and which
informed him that the County had selected an attorney for him.
25
June 17, 2008
A brief discussion ensued between the Board and staff as they considered various
reasons for the letter, and Chairman Bowden asked Mr. Harris to provide the County Attorney
with a copy of the letter.
Vice Chairman Davis wanted to ensure that the County's process was not
confrontational or adversarial, and to have staff return with a PowerPoint presentation.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Wheeler, to have the
County Attorney provide a PowerPoint Presentation on
the County's policies on right-of-way acquisitions for road
expansion and improvement projects.
Chairman Bowden clarified to the Public that County Attorney Collins, due to a
family emergency, had been unable to attend today's meeting to provide more information.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed the
County Attorney to report, through a PowerPoint
presentation, on the County's policies on right-of-way
acquisitions for road expansion and improvement projects.
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June 17, 2008
B.B. INTERLOCAL SERVICE BOUNDARYAGREEMENT STAND DOWN
EXTENSION
Assistant County Attorney George Glenn, through a recap of the memorandum of
June 12, 2008, provided background information on the Stand Down Resolution, which was
approved May 22, 2007, and which expires on June 29, 2008. He detailed the three changes
(presented to the Board, and as summarized on page 229 of the backup), to the original Stand
Down Agreement and requested Board approval of the updated Agreement, which would expire
on October 31, 2008.
Assistant Attorney Glenn thereafter responded to Commissioner O'Bryan's
concerns regarding Item 3., the Grandfathering Clause.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Stand Down Agreement Extension, and
authorized the Chairman to execute same, as
recommended in the memorandum of June 12, 2008.
The Chairman called a recess at 10:37 a.m., and reconvened the meeting at 10:48
a.m., with all members present.
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June 17, 2008
14. COMMISSIONER ITEMS
14.A. COMMISSIONER SANDRA L. BOWDEN. CHAIRMAN
14.A.1. ENTERPRISE DEVELOPMENT ZONE
Helene Caseltine, Economic Development Director with the Chamber of
Commerce, and Enterprise Zone Coordinator, provided an overview and update on the
Enterprise Development Zone, which purpose is to encourage economic growth by offering
incentives to businesses that are located in and/or investing in the Enterprise Zone areas.
Through the use of an aerial map, she displayed the area encompassed by the Enterprise Zone,
and discussed the accomplishments and operations of the program. Ms.Caseltine reported that
there would be a Workshop on July 24, 2008, from 9:00 to 11:00 a.m. at the County
Administration Building, for anyone wishing to obtain further information.
Ms. Caseltine thereafter responded to questions from the Board and staff regarding
the industries which may be located in the Enterprise Zone; the Vero Mill Works; and
Dodgertown.
14.8. COMMISSIONER WESLEYS. DA VIS, VICE CHAIRMAN -NONE
14.C. COMMISSIONER JosEPH E. FLESCHER-NONE
14.D. COMMISSIONER PETER D. O'BRYAN-NONE
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June 17, 2008
14.E. COMMISSIONER GARY C. WHEELER
14.E.1. DISCUSSIONRELATED TO CHARTER GOVERNMENT INFORMATION
ON WEBSITE
(NO BACKUP)
Commissioner Wheeler believed that the draft of the Home Rule Charter (as
presented at the May 1, 2007 BCC Meeting by Attorney Watts), was no longer available on the
County's website. He was requesting that the Draft Charter be placed back on the website.
Commissioner Wheeler MOVED, SECONDED by
Commissioner O'Bryan, to place the Draft Charter back
on the County's website.
An extensive discussion ensued as the Board and staff debated what are
appropriate items for inclusion on the County website's home page; the correct and proper use of
the website; the reasons for including the Draft Charter document; and whether or not the Draft
Charter was available anywhere on the website, subsequent to its removal from the home page.
Vice Chairman Davis clarified that the item was moved from the home page to the
regular "Agenda and Minutes" portion of the website.
Commissioner Wheeler stressed that he had no problem if the Draft Charter was
available on the website, but he had been contacted by several citizens who had been unable to
locate the document, after finding it previously.
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June 17, 2008
John Williams, 1535 Smugglers Cove, asked the Board to allow the public to
access the Charter Government information on the County's website, stating that the citizens had
a right to have public documents that are in the public eye and essential to the public's awareness
made available.
Ital Veron requested the County Administrator to put the information back onto
the website in the manner in which it was previously available.
Administrator Baird detailed the procedure for doing a search on Charter or any
other topic on the County's website, and invited Mr. Williams and Mr. Vernon to view a
demonstration of this technique after the meeting.
Commissioner Wheeler withdrew his Motion, since the Draft Charter was still
available on the County's website. MOTION WITHDRAWN.
No Board action was necessary or taken.
15. SPECIAL DISTRICTS AND BOARDS
I5.A. EMERGENCY SERVICESDISTRICT--NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the BCC Regular
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. CUSTOMER CONVENIENCE CENTERS - SUMMARYREPORT ON
REQUEST FOR PROPOSALS
June 17, 2008
30
15-C ENVIRONMENTAL CONTROL BOARD -NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11:22 a.m.
ATTEST:
Jeffre rton, Clerk
Minutes
Approved: AUG 1 2 2008
BCC/MG/2008Minutes
31
June 17, 2008
rw 1 "M
!,owden, Chairman
X135PG291