HomeMy WebLinkAbout06/03/2008 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 3, 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 -NONE ...........................2
6. APPROVAL OF MINUTES.........................................................................2
7. INFORMATIONAL ITEMS FROM STAFF OR
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8. CONSENT AGENDA.....................................................................................3
8.A. FLORIDA DEPARTMENT OF REVENUE -REVENUE SHARING APPLICATION FOR
2008-09......................................................................................................................... 3
8.B. UPDATED INVESTMENTPOLICY...................................................................................4
8.0 INDIANRIVER COUNTYINVESTMENTADVISORYCOMMITTEE, QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 3/31/08 .......................................4
8.D. APPROVAL OF WARRANTS - MAY 9, 2008 THRUMAY I S, 2008 ...................................4
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June 3, 2008
8.E. APPROVAL OF WARRANTS -MAY 16, 2008 THRUMAY22, 2008 .................................5
8.F. APPOINTMENTTOPROFESsIONALSERVICESADVISORYCOMMITTEE .......................5
8. G. REQUEST FOR EXTENSION OFLEASE FOR LENNIE's LOUNGE PROPERTY ................. 5
8.H. QUAIL CREEKPD, REQUEST FROMSUCCESSOR DEVELOPER, SLM
INVESTMENTS, LLC (STANLEYMARKOFSKY, MARKAcKERMAN, EUGENE
SHALIK, AND EDWARD KALIKOW, MANAGING MEMBERS) FOR AN EXTENSION
TO COMPLETE REQUIRED IMPROVEMENTS................................................................. 6
8.L OFFICIAL RIGHT-OF-WAYMAPs FOR OSLO ROAD: PHASE 1- 27THAVENUE TO
U S HIGHWAYNo. 1, PHASE 2 - 43RD AVENUE TO 27TH AVENUE ............................8
8.J. RESOLUTION CANCELING TAXES ONPROPERTYACQUIRED THROUGH
FORECLOSURE BY THE CITY OF FELLSMERE............................................................... 8
8.K CITRUSSPRINGS VILLAGE "F"PHASE2, SIDEWALKEXTENSIONREQUEST,
DEVELOPER: THE SUNTREE PARTNERS AND HMM, INC ........................................... 9
8.L. CITRUSSPRINGs VILLAGE "B"SIDEWALKEXTENSIONREQUEST, DEVELOPER:
THE SUNTREE PARTNERS AND HMM, INC................................................................ lO
8.M. CITRUSSPRINGs VILLAGE "D"PHASE 2, SIDEWALKEXTENSIONREQUEST,
DEVELOPER: THE SUNTREE PARTNERS....................................................................11
8.N. PALADINPLACE II, SIDEWALKEXTENSIONREQUEST, DEVELOPER: ATLANTIC
COAST CONSTRUCTIONAND DEVELOPMENT, INC. (JOSEPHPALADIN,
PRESIDENT).................................................................................................................11
8.0. PROPERTYACQUISITION- TAX ROLL REMOVAL & TAX CANCELLATION
(RESOLUTIONS Nos 2008-058-2008-074) ...............................................................13
8.P. APPROVAL OFBIDAWARD FORIRCBIDNO. 2008050, DIESEL GENERATOR
FOR FLEET MAINTENANCE FACILITY........................................................................16
8.Q. RIGHT-OF-WAYACQUIsITION- COUNTYROAD PROJECT #0370, 6875 AND
6885 66TAAvENUE, LOCATED ON THE SOUTHWEST CORNER OF 69TH STREET
AND 66THAVENUE, MICHAEL A. AND SHARON LOUDERMILK...................................16
8.R. RIGHT-OF-WAYACQUISITIONROAD PROJECT # 0749, IMPROVEMENT AND
WIDENING OF SR 60 AND 58THAVENUEINTERSECTION, PROPERTYADDRESs:
200555TH A vENuE, OWNER: QUANGN. NGUYENAND LE THUTHI TRAN..............17
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June 3, 2008
8.S. RIGHT-OF-WAYACQUISITIONROADPROJECT # 0749, IMPROVEMENTAND
WIDENING OF SR 60 AND 58THAVENUEINTERSECTION, PROPERTYADDRESS:
562020THSTREET, OWNER: DONNA ANDRODNEYR. LUKE................................18
B.T. IRCJAIL EXPANSIONPROJECTPROPOSED DEDUCTIVE CHANGE ORDER #18.......19
8.U. ENERGYSAVINGPERFORMANCE CONTRACTINGRFQ SELECTION .........................20
8.V AMENDED AS -BUILT RESOL UTION & ASSESSMENT ROLL FOR PAVING AND
DRAINAGE IMPROVEMENTS TO 31ST & 32ND AVENUE SW FROM LOTH STREET
SW TO 13TH STREET SW IN GROVENOR ESTATES SID, IRCPROJECT # 0420..........20
8. W. 58THAVENUEANDSR60INTERSECTION-FPL TRANSMISSIONRELOCATION
DEPOSIT......................................................................................................................21
8.X APPROVAL WORK ORDER NO. I (ENGINEERING) WITHARDAMAN &
ASSOCL4TES, INC., PROVIDINGPROFESSIONAL GEOTECHNICAL SERVICESIN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO.
0534, 1ST ROAD FROM35THAVENUE TO 32t°DAVENUE, IRCPROJECT # 0522 .........21
8.Y RIGHT-OF-WAYACQUISITION, GRENFALL J AND DONNA B. BEACHLER, 4310
8THSTREET, VEROBEACH..........................................................................................22
8.Z. RELEASE OFRETAINAGEKIMLEY-HORNANDASSOCL4TES, INC. -
AMENDMENT No. 2 4THSTREET BRIDGE REPLACEMENT OVER COOCHDITCH
(35THAvENUE) IRCPROJECTNo. 0209....................................................................22
8 -AA. WORK ORDER NO. 7 (ENGINEERING/SURVEYING) - FULL AND FINAL
PAYMENT, CARTER ASSOCL4TEs, ING, PROPOSED 26TH STREET BETWEEN 74'
AVENUE AND 82ND AVENUE, DRAINAGE DESIGN AND EASEMENT, COOK
PROPERTY, IRC PROJECT NO.0809...........................................................................23
8.BB. RELEASE OFRETAINAGEKIMLEY-HORNANDASSOCIATES, INC. -
AMENDMENT No. 9, OSLO ROAD WIDENING PHASE I FROM WEST OF OLD
DIXIE HIGHWAY TO 271HAVENUE, ENGINEERING SERVICES AMENDMENT NO.
9— OSLO ROAD POND SITING.....................................................................................23
8. CC. MISCELLANEOUS BUDGET AMENDMENT 012............................................................24
8.DD. GRANT OF EASEMENT TO INDIAN RIVER COUNTY, ANNE FROST IRREVOCABLE
TRUST 9300 NoRTHHWYAlA...................................................................................24
8.EE. DEMOLITIONAT 4004 46TH LANE, VERo BEACH.......................................................24
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June 3, 2008
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES-NONE.......................................................................................25
10. PUBLIC ITEMS............................................................................................25
IO.A. PUBLICHEARINGS................................................................................................25
1O.A.1. CONSIDERATION OF PROPOSED AMENDMENTS TO LDR CHAPTER 910,
CONCURRENCYMANAGEMENT SYSTEM, TO ADD SCHOOL CONCURRENCY
REGULATIONSAND UPDATE TRANSPORTATIONMONITORINGAREA OF
INFLUENCE REFERENCE (LEGISLATIVE)...................................................................25
I0.A.2. MINING MORATORIUM ORDINANCE EXTENSION (LEGISLATIVE) .........................27
IO.B. PUBLICDISCUSSIONITEMS..............................................................................28
IO.B. L REQUEST TO SPEAK FROM KEEP INDIAN RIVER BEAUTIFUL REGARDING
KITE PROPERTIES TO RECEIVE A WARD FOR THEIR STEWARDSHIP ..........................28
IO.B.2. REQUEST TO SPEAK FROM JOSEPH GUFFANTI REGARDING TRANSFER
STATIONS..................................................................................................................... 29
10.C, PUBLIC NOTICE ITEMS-NONE..........................................................................29
11. COUNTY ADMINISTRATOR'S MATTERS -NONE ............................29
12. DEPARTMENTAL MATTERS.................................................................29
12.A. COMMUNITYDEVELOPMENT-NONE...........................................................................29
12.B. EMERGENCYSERVICES...............................................................................................30
12.B.I. APPROVAL OF THE BELLSOUTH SPECIAL SERVICE AGREEMENT ..........................30
12. C. GENERAL SERVICES-NONE........................................................................................30
12.D. HUMANRESOURCES-NONE........................................................................................30
12.E. HUMANSERVICEs-NONE...........................................................................................30
12E LEISURESERVICES-NONE..........................................................................................30
12G. OFFICE OF MANAGEMENT AND BUDGET...................................................................30
12. G. L TOURIST DEVELOPMENT COUNCIL, 2008/2009 BUDGET RECOMMENDATIONS....31
12.I1. RECREATION NONE....................................................................................................32
12.L PUBLIC WoRKs-NoNE................................................................................................32
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June 3, 2008
12..1 UTILITIES SERVICES...................................................................................................32
12.J 1. CONTINUING CONSULTING SERVICES WORK ORDER NO. 8 WITH BRIDGE
DESIGN ASSOCIATEs, INC FOR DESIGN OF FORCE MAIN RELOCATION ON 16TH
STREETBRIDGEAT 74THAVENUE, UCP3079..........................................................32
12.12. AMENDMENT NO. 6 To WORK ORDER No.1 WITH ECOTECH CONSULTANTS,
INC...............................................................................................................................33
12.13. APPROVAL OFBIDAWARDFOR IRCBIDNo. 2008044,SR60UTILITY
IMPROVEMENTS - 8300 BLOCK OF SR60 TO INDIAN CREEK BLVD. WIP No.
471-23536-044699-08503,472-169000-08503, UCPNo. 3026 ..............................33
13. COUNTY ATTORNEY MATTERS.........................................................34
B.A. REPORT ONMENSING REQUEST TO RESCIND RESOLUTIONNO. 2008-043 .............34
14. COMMISSIONER ITEMS.........................................................................36
14.A. COMMISSIONER SANDRA L. BowDEN, CHAIRMAN...................................................36
14.A.1. TASK FORCE............................................................................................................36
14.B. COMMISSIONER WESLEYS, DA VIS, VICE CHAIRMAN-NONE...................................40
14. C COMMISSIONER .JOSEPH E. FLESCHER-NONE.......................................................... 40
M.D. COMMISSIONER PETERD. O' BRYAN-NONE.............................................................40
14.E. COMMISSIONER GARY C. WHEELER-NONE...............................................................40
15. SPECIAL DISTRICTS AND BOARDS....................................................40
15.A. EMERGENCY SERVICES DISTRICT-NONE..................................................................40
15.B. SOLID WASTE DISPOSAL DISTRICT............................................................................ 41
15.B.1. APPROVAL OF MINUTES, REGULAR MEETING OFAPRIL 8, 2008 ........................... 41
15.B.2. APPROVAL OF MINUTES, REGULAR MEETING OFAPRIL 22, 2008 .........................41
15.B.3. WORK AUTHORIZATIONNo. 5 - FINAL PAY TO GEOSYNTEC CONSULTANTS,
INC. FOR 2007ANNUAL ENGINEERING SERVICES AND ENVIRONMENTAL
COMPLIANCE ASSISTANCE.......................................................................................... 41
15.B.4. WORK AUTHORIZATIONNo. 8 - FINAL PAY TO CAMP DRESSER AND MCKEE,
INC. FOR 2007ANNUAL PERMITTING SERVICES.......................................................41
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June 3, 2008
15.B. S. WORK ORDER NO. 16 TO GEOSYNTEC CONSULTANTS, INC. FOR
ENGINEERING,.SERVICES WITH THE CONSTRUCTION OF VERTICAL EXPANSION
OF THE CLASS I LANDFILL, ON-SITE BORROW POND, AND EXPANSION OF THE
LANDFILL GAS COLLECTION SYSTEM........................................................................ 41
15. C. ENVIRONMENTAL CONTROL BOARD-NONE...............................................................41
16. ADJOURNMENT.........................................................................................42
June 3, 2008
June 3, 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 3, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley S.
Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Doug Vogt, First Church of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Gary C. Wheeler led the Pledge of Allegiance to the Flag.
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June 3, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Order # 18.
Chairman Bowden requested the following changes to today's Agenda:
1. Delete Item 8.T. - IRC Jail Expansion Project proposed Deductive Change
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS -NONE
6. APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions to the Minutes of
the Special Call Meeting of April 28, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Special Call Meeting of April 28, 2008,
as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REOUIRING BOARD ACTION -NONE
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June 3, 2008
8. CONSENT AGENDA
discussion.
Chairman Bowden requested to pull Item 8.S. for discussion.
Commissioner Wheeler requested to pull Items 8.K., 8.L., 8.M., and 8.S. for
Commissioner O'Bryan requested to pull Items 8.1-1. and 8.N. for discussion.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
8.A. FLORIDA DEPARTMENT OF REVENUE -REVENUE SHARING
APPLICATIONFOR 2008-09
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Chairman to execute the State Revenue
Sharing Application, as recommended in the
memorandum of May 16, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 3, 2008
8.B. UPDATED INVESTMENT POLICY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Investment Policy, as recommended in the
memorandum of May 16, 2008.
8.C. INDIAN RIVER COUNTYINVESTMENT ADVISORY COMMITTEE,
OUARTERLYINVESTMENT REPORT FOR THE OUARTER ENDING
3/31/08
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Investment Advisory Committee Quarterly Report, as
recommended in the memorandum of May 16, 2008.
8.D. APPROVAL OF WARRANTS -MAY 9, 2008 THR U MAY 15, 2008
ON motion by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of May 9, 2008 through May 15, 2008, as
requested in the memorandum dated May 15, 2008.
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June 3, 2008
8.E. APPROVAL OF WARRANTS-MAY16, 2008 THRUMAY22.2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of May 16, 2008 through May 22, 2008, as
requested in the memorandum dated May 22, 2008.
8.F. APPOINTMENT TO PROFESSIONAL SERVICES ADVISORY COMMITTEE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the appointment of Dr. Jonathan Day as the Environmental
Appointee on the Professional Services Advisory
Committee, replacing Mr. Ryan Morrell and serving the
remainder of his term, as recommended in the
memorandum of May 22, 2008.
8.G. REQUEST FOR EXTENSION OF LEASE FOR LENNIE'S LOUNGE
PROPERTY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
extending the lease for Lennie's Lounge, with Jeraldine
Lawrence, for thirty (30) days until July 3, 2008, as
recommended in the memorandum of May 21, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 3, 2008
8.K OUAIL CREEKPD. REQUEST FROMSUCCESSOR DEVELOPER. SLM
INVESTMENTS. LLC (STANLEYMARKOFSKY, MARKACKERMAN,
EUGENE SHALIK. AND EDWARD KALIKOW. MANAGING MEMBERS) FOR
ANEXTENSION TO COMPLETE REQUIRED IMPROVEMENTS
Commissioner O'Bryan explained why he was opposed to SLM Investments,
LLC's request for a third extension to the Contract for Construction of Required Improvements
within Quail Creek Planned Development (PD). He reminded the Commissioners that on
September 4, 2007, SLM Investments, LLC, had declared that they were 95% complete, and had
received from the Board a second extension to the subject Contract. At that time, they had also
promised to resolve some issues which remain unresolved.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, for discussion,
to deny staff's recommendation to approve a 90 -day
extension to SLM Investments, LLC's Contract for
Construction of Required Improvements within Quail
Creek PD.
Matthew Markofsky, 1400 East Oakland Park Blvd., Ft. Lauderdale, FL.,
representing SLM Investments, LLC, explained that there had been a problem with the lift
station during inspection. Although they are correcting the problem, they needed the three-
month extension to obtain the Certificate of Completion (CC).
Vice Chairman Davis supported making a decision to approve a sixty-day delay
for SLM Investments, LLC to obtain a CC, or pull the Letter of Credit.
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June 3, 2008
Discussion continued regarding the ramifications of the County having to take over
the completion of the subdivision (if the Letter of Credit is pulled) and whether or not SLM
Investments, LLC, would be able to fulfill their obligations within sixty days.
Mr. Markofsky assured the Board that his company could obtain the Certificate of
Completion within sixty days.
Motion WAS AMENDED by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to approve a
sixty-day extension for SLM Investments, LLC, on
condition that if they do not receive their Certificate of
Completion by that time, the County will pull the Letter of
Credit.
The Chairman CALLED THE QUESTION and the
Motion, as amended, carried unanimously. The Board
approved the sixty-day (60 -day) extension for SLM
Investments, LLC, conditional upon obtaining the
Certificate of Completion within the required period; if
not, the Letter of Credit would be pulled.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 3, 2008
8.I. OFFICIAL RIGHT-OF-WAYMAPS FOR OSLO ROAD: PHASE I - 27TH
AVENUE TO U.S. HIGHWAYNO. 1. PHASE 2 - 43RD AVENUE TO 27TH
AVENUE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-056, approving specific purpose survey
right-of-way maps for Oslo Road (C.R. 606) - Indian
River County Project No. 0501, Phase 1 (27th Avenue to
U.S. Highway No. 1) and Indian River County Project No.
0533, Phase 2 (43rd Avenue to 27th Avenue).
8.1 RESOLUTION CANCELING TAXES ONPROPERTYACOUIRED THROUGH
FORECLOSURE BY THE CITY OF FELLSMERE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-057, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(City of Fellsmere v. Jack Jones, et al)
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June 3, 2008
8.K CITRUSSPRINGS VILLAGE "F"PHASE2, SIDEWALKEXTENSION
REQUEST, DEVELOPER: THE SUNTREE PARTNERS AND HMM, INC.
Commissioner Wheeler reported that SunTree Partners and HMM, Inc., who had
received prior extensions, were late asking for the sidewalk extensions. He pointed out that this
has been an ongoing problem for at least three years. He observed that in Citrus Springs Village,
there were already quite a few residents living in the primarily single-family development, which
is not yet completely built out. Commissioner Wheeler declared that the sidewalks should be put
in for the existing residents, and added that the developer should also clean the vacant lots on the
property. He acknowledged that some of the sidewalks which are put in place before building
the remaining homes may become damaged from construction activities.
Commissioner Wheeler asked Director Boling to confirm that the sidewalks at
Citrus Springs Village were four feet wide. Director Boling replied that when the Village
received approval in 1999, the four -foot wide sidewalks were in compliance with County Code.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to deny the
extension, and to get the sidewalks put in.
Under discussion, Commissioner O'Bryan declared that although some progress
has been made as a result of meetings with the developers, no resolutions have been attained. He
felt that it was time for the developer to construct the sidewalks; this was affirmed by Vice
Chairman Davis and Commissioner Wheeler.
Attorney Collins explained why County Code allows for longer time periods and
two to ten-year extensions to put in the sidewalks. He explained that if the contract for sidewalk
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June 3, 2008
construction is not extended, it would fall to the County to go out to bid and put in the required
sidewalks. Attorney Collins pointed out that putting the sidewalks in prior to construction might
lead to an unhappy situation for the residents who might end up replacing damaged sidewalks.
The Board and staff discussed at what point the responsibility for repairing
damaged sidewalks would become the homeowner's responsibility.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board denied the
request for a sidewalk extension for an additional two
years (to February 21, 2010) and desired to have the
developer, Suntree Partners and HMM, Inc., proceed with
the construction of the sidewalks.
B.L. CITRUSSPRINGS VILLAGE "E"SIDEWALKEXTENSIONREOUEST.
DEVELOPER: THE SUNTREE PARTNERS AND HMM. INC.
Clerk's Note: Please see Item 8.K. for discussion which also applies to Item 8.L.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously denied
the request for a sidewalk extension for an additional two
years (to February 21, 2010) and desired to have the
developer, Suntree Partners and HMM, Inc., proceed with
the construction of the sidewalks.
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June 3, 2008
8.M. CITRUS SPRINGS VILLAGE "D"PHASE 2. SIDEWALKEXTENSION
REQUEST, DEVELOPER: THE SUNTREE PARTNERS
Clerk's Note: Please see Item 8.K. for discussion which also applies to Item 8.M.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously denied
the request for a sidewalk extension for an additional two
years (to February 21, 2010) and desired to have the
developer, Suntree Partners and HMM, Inc., proceed with
the construction of the sidewalks.
8.N. PALADINPLACEII. SIDEWALKEXTENSIONREOUEST. DEVELOPER:
ATLANTIC COAST CONSTR UCTION AND DEVELOPMENT. INC. (JOSEPH
PALADIN. PRESIDENT)
Commissioner O'Bryan noted that this was a situation similar to Citrus Springs
Village (see discussion under Item 8.K.), but in this case, the developer has put some cash
towards the project's completion.
Community Development Director Robert Keating observed that Paladin Place II,
which has both single-family homes and town houses (platted but not yet built), differs from
Citrus Springs, which has only single-family homes. He explained that normally staff does not
have the same concerns about putting in sidewalks at town houses as they do for single-family
homes; however, in this case, the road through the town house portion of the subdivision
accesses another tract, Paladin Hammock. Staff feels that the sidewalk needs to be there to
provide access to Paladin Hammock when it is developed.
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June 3, 2008
Using a PowerPoint presentation, Director Keating displayed the plats of the
single-family and townhomes at Paladin Place II. He thereafter presented staff's
recommendation for approval of the sidewalk extension for two more years and responded to
questions from the Board regarding the bonding requirements for the sidewalks.
Commissioner O'Bryan inquired whether Mr. Paladin would have the sidewalks in
by the conclusion of the time extension.
Joseph Paladin, President of Atlantic Coast Construction Development, explained
that he had sold the town house lots to a builder who would construct the sidewalks when the
town houses were built. Since he no longer owned the lots, Mr. Paladin could not guarantee
when the sidewalks would be put in. He reported that all the sidewalks in the common areas had
been built and the only sidewalks not in place were the ones that were required in the town house
area.
Board members made observations regarding the differences between Paladin
Place II and Citrus Springs, pointing out that no town houses were occupied or had been built at
Paladin Place II, while single family dwellings already existed and were occupied at Citrus
Springs.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Bowden, the Board unanimously approved
the sidewalk extension for an additional two years (to
February 21, 2010), and authorized the Chairman to
execute both the Modification to Contract for Construction
of Required Sidewalk Improvements, and the Cash
Deposit and Escrow Agreement, only after payment of the
$445.00 extension fee and the $485.00 modification fee
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June 3, 2008
(substitution of security and reduction) have been made
pursuant to Resolution No. 2005-041. If the required fees
are not paid within 14 days, staff is authorized to deduct
$930.00 plus administrative fees before returning the
difference in the amount posted and the amount necessary,
all as recommended in the memorandum of May 27, 2008.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. PROPERTYACOUISITION— TAX ROLL REMOVAL & TAX
CANCELLATION (RESOLUTIONS Nos. 2008-058 - 2008-074)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the following Resolutions:
(1) Resolution 2008-058, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(66th Avenue - William & Eva Graves)
(2) Resolution 2008-059, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Old Dixie Hwy - Pioneer Baptist Church)
(3) Resolution 2008-060, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(43rd Avenue - VB Moose Lodge #1822)
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June 3, 2008
(4) Resolution 2008-061, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(70th Avenue - Chester Wilcox)
(5) Resolution 2008-062, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Old Dixie Hwy. -Lucien Clark)
(6) Resolution 2008-063, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(43rd Avenue - Jeraldine Lawrence)
(7) Resolution 2008-064, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(69th Street - Gendell Partners Advocate LLC & Gendell
Realty Partners Florida LLC)
(8) Resolution 2008-065, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Oslo Road - Bruce Stamile)
(9) Resolution 2008-066, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(R/W 58th Avenue - Donald Staszewski
(10) Resolution 2008-067, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(85th Street - Redlands Christian Migrant)
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June 3, 2008
(11) Resolution 2008-068, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(82nd Avenue (Westfield of Vero)
(12) Resolution 2008-069, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(45th Street - Salt of Earth Ministries)
(13) Resolution 2008-070, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(66th Avenue - Jo -Ann Dowling)
(14) Resolution 2008-071, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(49th Street & 31st Avenue - Ken McKellar)
(15) Resolution 2008-072, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(43rd Avenue - Grace Baptist Church)
(16) Resolution 2008-073, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Scrub Jay Parcel - Park Place)
(17) Resolution 2008-074, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Old Dixie Hwy - Easy Storage/Kuhnert)
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June 3, 2008
8.P. APPROVAL OFBID AWARD FOR IRCBID NO.2008050. DIESEL
GENERATOR FOR FLEET MAINTENANCE FACILITY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) the Bid Award to Eau Gallie Electric, Inc. as the
lowest most responsive and responsible bidder, meeting
the specifications as set forth in the Invitation to Bid; (2)
the Sample Agreement; and (3) authorized the Chairman
to execute said Agreement when required performance
and payment bonds have been received along with
appropriate Certificate of Insurance and the County
Attorney has approved the Agreement as to form and legal
sufficiency, as recommended in the memorandum of May
20, 2008.
8.0. RIGHT-OF-WAYACOUISITION— COUNTYROAD PROJECT #0370.6875
AND 6885 66THAVENUE. LOCATED ON THE SOUTHWEST CORNER OF
69THSTREETAND 66THAVENUE, MICHAEL A. AND SHARON
LOUDERMILK
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, the purchase of the parcel at 6875 and
6885 66th Avenue for $400,000, and authorized the
16
June 3, 2008
Chairman to sign the Purchase Agreement, as
recommended in the memorandum of May 19, 2008.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. RIGHT-OF-WAYACOUISITIONROAD PROJECT # 0749, IMPROVEMENT
AND WIDENING OF SR 60 AND 58TH A VENUE INTERSECTION,
PROPERTYADDRESS: 2005 55THAVENUE, OWNER: 0uANGN.
NGUYENAND LE THU THI IRAN
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, the right-of-way purchase located at
2005 55th Avenue, for $8,970.00, and authorized the
Chairman to execute the Agreement, as recommended in the
memorandum of May 19, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
17
June 3, 2008
8.S. RIGHT-OF-WAYACOUISITIONROAD PROJECT # 0749, IMPROVEMENT
AND WIDENING OF SR 60 AND 58TH A VENUE INTERSECTION,
PROPERTYADDRESS: 5620 20TH STREET. OWNER: DONNA .I. AND
RODNEYR. LUKE
Chairman Bowden declared that she had heard conflicting information that
homeowners were not always given their full rights when the County acquires property from
individuals. She wanted staff to detail the County's land acquisition processes.
Commissioner Wheeler conveyed that it was rumored that the Lukes (not present)
were not happy with the purchase agreement. He wanted to contact the Lukes to ensure that they
were being treated properly, and to postpone this item for a week or two. Additionally, he
wanted to make sure that when the County purchases a property, that the owner is fully noticed
of all their rights.
Vice Chairman Davis wanted the opportunity to move forward, in the event that
the sellers still wanted to abide by the agreement.
Attorney Collins suggested bringing the item back in two weeks, on June 17, 2008.
Chris Mora, Public Works, explained that staff had negotiated with the owners for
the better part of a year, and they did agree to the sale, and execution of the Purchase Agreement.
Vice Chairman Davis wanted to contact the property owners, and if there was an
issue, to bring solutions up at the projected meeting in two weeks. He wanted approval of this
item, pending the seller's saying "yes" one more time.
18
June 3, 2008
Chairman Bowen wanted to have the details of the eminent domain process
explained and put on the record.
Commissioner O'Bryan pointed out that this Agreement was consistent with the
Consent Agenda Item R., a similar right-of-way purchase at the same price.
Administrator Baird said he would check with the Lukes again, and would work
with Legal to determine if the sellers were happy with the Agreement.
The Board Consensus was to proceed with the Agreement, if the sellers were
happy; and if not, for staff to bring this item back to the Board. Additionally, the Board directed
Attorney Collins to return with details on the County's land acquisitions processes to make sure
the sellers are being treated fairly.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously: (1)
approved the right-of-way purchase located at 5620 20th
Street, for $9,545.00; (2) authorized the Chairman to
execute same, conditioned upon the seller's satisfaction
with the Agreement; and (3) directed the County Attorney
to return in two weeks (June 17, 2008) with a presentation
regarding the County's eminent domain process.
8.T. IRC JAIL EXPANSION PROJECT PROPOSED DEDUCTIVE CHANGE
ORDER #18
This item was deleted from the Agenda.
June 3, 2008
19
8.U. ENERGYSAVING PERFORMANCE CONTRACTING RFO SELECTION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
that FPL Energy Services be selected as Energy Services
Performance Contractor, and authorized staff to negotiate
a contract with them following the standard form of
Agreement for Guaranteed Energy Performance
Contracting provided by FPL Energy Services and
modified and approved by the County Attorney's Office,
as recommended in the memorandum of May 15, 2008.
8.V. AMENDED AS -BUILT RESOLUTION & ASSESSMENT ROLL FOR PAVING
AND DRAINAGE IMPROVEMENTS TO 31ST & 32" AVENUE SW FROM
LOTH STREET SW TO 13TH STREET SW IN GROVENOR ESTATES SID.
IRCPR o.IECT# 0420
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-075, an amendment to Resolution 2008-
029 of Indian River County that certified "as built" costs
for certain paving and drainage improvements to 31 st and
32nd Avenues SW, from 10th Street SW, to 13th Street
SW, designated as County Project No. 0420, to provide for
an amended completion date, amended interest rate, and
amended date for prepayment without penalty or interest.
20
June 3, 2008
8. W. 58TH A VENUE AND SR 60 INTERSECTION — FPL TRANSMISSION
REL OCA TION DEPOSIT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the non-refundable deposit to Florida Power & Light
Company (FP&L), in the amount of $60,000.00, to
commence with a detailed design to remove and replace
17 concrete poles, as recommended in the memorandum
of May 12, 2008.
8.X. APPROVAL WORK ORDER NO. I (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES INACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES CONTRACT NO. 0534, IST ROAD FROM 35TH A VENUE TO 32"
AVENUE, IRCPROJECT # 0522
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved Work Order No. 1 (Engineering) to Ardaman &
Associates, Inc., authorizing the Project as outlined in the
Scope of Services; and (2) authorized the Chairman to
execute the Work Order, for a fee not to exceed $6,402.00,
as recommended in the memorandum of May 20, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 3, 2008
8.Y. RIGHT-OF-WAYACOVISITION. GRENFALL J. AND DONNA B.
BEACHLER, 4310 8TH STREET. VERO BEACH
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative 1, the $50,000.00 purchase, and authorized the
Chairman to execute the Agreement, as recommended in
the memorandum of May 23, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.Z. RELEASE OF RETAINAGE KIMLEY-HORNAND ASSOCIATES, INC. —
AMENDMENT NO.2 4TH STREET BRIDGE REPLACEMENT OVER COOCH
DITCH (35THAVENUE) IRCPROJECTNO. 0209
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Invoice No. 7035049-0308, dated 03/31/08 releasing
retainage in the amount of $1,384.07, as recommended in
the memorandum of May 13, 2008.
June 3, 2008
22
8.AA. WORK ORDER NO. 7 (ENGINEERING/SURVEYING) — FULL AND FINAL
PAYMENT, CARTER ASSOCIATES. INC., PROPOSED 26TH STREET
BETWEEN 74THAVENUE AND 82ND AVENUE. DRAINAGE DESIGN AND
EASEMENT. COOK PROPERTY, IRCPROJECTNO. 0809
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Invoice No. 08245-1, dated May 7, 2008, in
the amount of $3,880.00 for full and final payment of
Work Order No. 7 to Carter Associates, Inc., as
recommended in the memorandum of May 27, 2008.
8. BB. RELEASE OF RETAINAGE KIMLEY-HORNAND ASSOCIATES. INC. —
AMENDMENT NO.9. OSLO ROAD WIDENING PHASE I FROM WEST OF
OLD DIXIE HIGHWAY TO 277HAVENUE. ENGINEERING SERVICES
AMENDMENT NO. 9 — OSLO ROAD POND SITING
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Invoice No. 7035050-0308, dated March 31, 2008,
releasing retainage in the amount of $1,728.01 to Kimley-
Horn and Associates, Inc., as recommended in the
memorandum of May 19, 2008.
23
June 3, 2008
8. CC. MISCELLANEOUS BUDGET AMENDMENT 012
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-076, amending the Fiscal Year 2007-
2008 Budget.
8.DD. GRANT OF EASEMENT TO INDIANRIVER COUNTY. ANNE FROST
IRREVOCABLE TRUST 9300NoRTHHWYAIA
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative #1, the terms of the agreement for Grant of
Easement with Anne Frost as Trustee of the Anne Frost
Irrevocable Trust, as recommended in the memorandum of
May 15, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.EE. DEHOLITIONAT 4004 46"' LANE. VERO BEACH
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
delaying demolition of the Charlie Jones home located at
4004 46th Lane for a period of 60 days, and authorized
staff to continue with the demolition process, if no
progress has been made during that time or if no regular
24
June 3, 2008
inspection passes for any 60 -day period after the issuance
of the permit, all as recommended in the memorandum of
May 28, 2008.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
IO.A. PUBLICHEARINGS
IO.A.1. CONSIDERATION OF PROPOSED AMENDMENTS TO LDR CHAPTER 910.
CONCURRENCYMANAGEMENT SYSTEM, TO ADD SCHOOL
CONCURRENCYREGULATIONS AND UPDATE TRANSPORTATION
MONITORING AREA OF INFL UENCE REFERENCE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling recapped the backup memorandum of April 25,
2008 to provide background description and conditions of the School Concurrency Mandate
(passed in 2005) which requires local governments and school districts to establish school
concurrency at the local level. He stated that two of the three requirements of the mandate had
already been satisfied, and the third requirement, to adopt Land Development Regulations
(LDR's) to codify school concurrency regulations, must be adopted by July 1, 2008. He
thereafter presented staff's recommendation for approval, based on the conditions outlined on
pages 298 and 299 of the backup, and including the effective date of July 1, 2008.
25
June 3, 2008
The Chairman opened the public hearing. Seeing no one, the Chairman closed the
public hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously
adopted Ordinance 2008-011, concerning amendments to
Land Development Regulations (LDRs); providing
findings; providing for amendments to Chapter 910,
Concurrency Management System, by amending Section
910.01(3) to update the intent of the concurrency
regulations; by amending Section 910.07(3),(4), and (5)
"Development Review System", to update for school
concurrency; by amending Section 910.09 "Determination
of Concurrency, Components", to update for school
concurrency; by amending Section 910.10 "Level of
Service Standards established in the Comprehensive
Plan", to update for school concurrency; by amending
Section 910.11, "Determination of Concurrency,
Specifically" to update for school concurrency; by
amending Section 910.12, Proportionate Fair -Share
Mitigation, to update for school concurrency; by amending
Section 910.13, Proportionate Fair -Share Mitigation for
Public School Facility, to update for School Concurrency;
by amending Section 910.14, Appeal Process and Vested
Rights Determination, to update for school concurrency;
by amending Section 910.15, Assignability and
Transferability, to update for school concurrency; by
amending Section 910.09(4) "Transportation Monitoring",
26
June 3, 2008
to update area of influence; by providing for repeal of
conflicting provisions; codification; severability; and
effective date.
IO.A.2. MINING MORATORIUM ORDINANCE EXTENSION (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney William Collins, through a recap of the backup memorandum of
May 27, 2008, discussed the details of the mining moratorium extension. He recalled that on
January 7, 2008, a six-month moratorium, due to expire on July 10, 2008, was imposed on the
acceptance and processing of applications for mining permits. On April 22, 2008, the Board had
directed Attorney Collins to initiate the process of extending the moratorium (which must be
done by Ordinance) for up to an additional six months. After briefing the Board on the statutory
requirements regarding moratoriums, Attorney Collins reported that this would be the first of two
public hearings on the Mining Moratorium extension, and that it was necessary to select a date
and time for the second and final public hearing at today's (June 3, 2008) meeting. Attorney
Collins recommended that the second public hearing be held at the regular Board of County
Commission Meeting on June 17, 2008.
The Chairman opened the public hearing. Seeing no one, the Chairman closed the
public hearing.
Commissioner O'Bryan asked whether the Planning and Zoning Commission
(PZC) and the Professional Services Advisory Committee (PSAC) would be able to conclude
27
June 3, 2008
their workshop meetings prior to the expiration date of the extension, and staff provided a
timeline for the review process of the Moratorium.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
directed desired changes be made to the Ordinance prior to
the second public hearing, and established a date and time
for the second (final) public hearing on the Mining
Moratorium Ordinance Extension, to be held no sooner
than June 13, 2008, as recommended in the memorandum
of May 27, 2008.
10A PUBLICDISCUSSIONITEMS
10.B. L REQUEST TO SPEAK FROMKEEP INDIAN RIVER BEAUTIFUL
REGARDING KITE PROPERTIES TO RECEIVE AWARD FOR THEIR
STEWARDSHIP
Melanie Jones, 343 13th Street SW, Executive Director of Keep Indian River
Beautiful (KIRB) informed the Board that Kite Properties would be relocating thirty-four (34)
live oak trees to provide space for their new hotel, SpringHill Suites by Marriott. She provided a
PowerPoint presentation depicting the Live Oak Relocation Project, and detailed the positive
environmental impacts of preserving the live oaks, as well as the advantages gained by tree
planting. Ms. Jones thereafter read and presented the Stewardship Recognition Award to Kelly
Kite and Michael Lore, both of Kite Properties.
Kelly Kite thanked KIRB and let the County know that Kite Properties would be
taking further "green" initiatives as they develop SpringHill Suites.
28
June 3, 2008
Vice Chairman Davis commended Kite Properties for holding open meetings prior
to construction to receive input from neighboring residents.
The remaining Commissioners praised Kite Properties for providing such a good
model of doing business in Indian River County.
No Board action required or taken
10.B.2. REOUEST TO SPEAK FROM.IOSEPH GUFFANTI REGARDING
TRANSFER STATIONS
Joseph Guffanti, 441 Holly Road, presented statistics to support his opposition to
the proposed privatization of the transfer stations, opining that the County should not jeopardize
the welfare of the current employees in order to effect what he believed would be an insignificant
savings.
No Board action required or taken
10.C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR'S MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT--NONE
29
June 3, 2008
12.B. EMERGENCYSERVICES
12.B.I. APPROVAL OF THE BELLSOUTH SPECIAL SERVICE AGREEMENT
ON MOTION by Commissioner Wheeler , SECONDED
by Commissioner Flescher, the Board unanimously
approved the Special Service Arrangement (SSA)
Agreement with BellSouth Telecommunications, Inc.
d/b/a/ AT&T Florida, and authorized the Chairman to
execute same, as recommended in the memorandum of
May 27, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.C. GENERAL SERVICES -NONE
12.D. HUMANRESOURCES-NONE
12.E. HUMANSERVICES-NONE
12.F. LEISURE SERVICES -NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET
30
June 3, 2008
12.G. I. TOURIST DEVELOPMENT COUNCIL, 2008/2009 BUDGET
RECOMMENDATIONS
County Budget Director Jason Brown recapped the May 27, 2008 memorandum to
brief the Board on the Tourist Development Council's (TDC) ratings system for tourist tax
revenues, which are distributed among the following five agencies: (1) Indian River County and
Sebastian Chambers of Commerce; (2) Vero Heritage; (3) the Cultural Council; (4) Treasure
Coast Sports Commission; and (5) the Indian River County Historical Society. He conveyed that
since the Indian River County Historical Society had received the lowest ratings and would not
have been eligible for funding, the Tourist Development Council came up with an option
(outlined on page 371 of the backup) to ensure that some of the revenues would be apportioned
to the Historical Society. Director Brown thereafter presented staff's recommendation for
approval of that option (Alternative 2), limiting each agency to no more than a 2% increase to
their current year funding, and then applying the rating system to each requestor.
Chairman Bowden, who had chaired the Tourist Development Council meeting,
agreed that Alternative No. 2 was the most fair and equitable way to allocate the funds.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 2, the Tourist Development Council's
recommendation to limit each agency to no more than a
2% increase to their current year funding, then to apply the
rating system to each requestor, as recommended in the
memorandum of May 27, 2008.
31
June 3, 2008
I2.H. RECREATION -NONE
12.L PUBLIC WORKS-NoNE
12.J. UTILITIES SERVICES
12.J.1. CONTINUING CONSULTING SERVICES WORK ORDER No. 8 WITH
BRIDGE DESIGNASSOCIATEs. INC FOR DESIGN OF FORCE MAIN
RELOCATION ON 16TH STREET BRIDGE AT UTHAVENUE, UCP 3079
Michael Hotchkiss, Capital Projects Manager, explained that this item was a Work
Order to design the approach pipe routing and the force main crossing. It would be a
continuation of services provided by Bridge Design Associates, Inc. for the 16th Street Bridge.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 8 with Bridge Design Services, Inc. in the
amount of $4,814.00, for engineering design of the force
main crossing of the 16th Street Bridge at 74th Avenue,
and authorized the Chairman to execute the same, as
presented, and as recommended in the memorandum of
May 15, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 3, 2008
12.1.2. AMENDMENT NO. 6 TO WORK ORDER NO. 1 wITHECOTECH
continuity.
CONSULTANTS. INC.
Clerk's Note: This item was heard following Item 12. J.3. and is placed here for
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously
approved Amendment No. 6 to Work Order No. 1 with
Ecotech Consultants, Inc., in the amount of $1,610.00, and
authorized the Chairman to execute same, as
recommended in the memorandum of May 20, 2008.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.3. APPRoVALoFBIDAWARDFoRIRCBIDNo.2008044.SR60
UTILITYIHPROVEMENTS — 8300 BLOCK OF SR60 TO INDIAN CREEK
BLVD. WIPN6.471-23536-044699-08503.472-169000-08503. UCP
No. 3026
Clerk's Note: This item was heard following Item 12.J.1. and is placed here for
continuity.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
approved the Bid Award to the lowest, most responsive
33
June 3, 2008
and responsible bidder, SPS Contracting, Inc. of Vero
Beach, Florida, for $1,435,128.83; (2) approved the
Sample Agreement; and (3) 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, as recommended in the memorandum of May
7, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
B.A. REPORT ONMENSINGREOUESTTORESaNDRESOLUTIONN0.2OO8-
WINA
County Attorney William Collins recalled that on May 20, 2008, Douglas Vitunac,
Esquire, representing Fred Mensing, had presented arguments for the County to rescind
Resolution 2008-043, the acceptance of the implied dedication of a 60 -foot strip right of way in
Section 30 of the Fleming Grant Plat of 1888. Attorney Collins, through a recap of the backup
memorandum of May 28, 2008, presented legal opinion for his recommendation that the Board
retain the Resolution, which was approved on April 22, 2008. He thereafter noted that Mr.
Mensing would have a right to sue for adverse possession and discussed what the basis for this
would be; however, he believed that it would be difficult for Mr. Mensing to establish adverse
possession.
34
June 3, 2008
Douglas Vitunac, Esquire, Collins Brown and Caldwell, representing Fred
Mensing, countered that the subject strip of land was not an unequivocal offer of public
dedication. He presented a slide depicting the plat, and discussed an agreement previously
reached between the County and Mr. Mensing (on a code enforcement lien), which resulted in a
settlement specifically releasing the County's claims on the subject strip of land.
Attorney Vitunac told the Board that it would be best for the County to stay out
of what amounts to a civil real property dispute between Mr. Mensing and his neighbor, Mr.
Kirrie. He declared that if the County needs the right-of-way for access, it should go through
the proper process of either negotiating with Mr. Mensing, or proceeding with the process of
condemnation. Attorney Vitunac wanted the Board to table this item, reconsider it, or let Mr.
Mensing and Mr. Kirrie seek legal intervention in their ongoing right-of-way dispute.
Responding to Commissioner Wheeler's question, Attorney Collins provided the
details of the settlement previously mentioned by Attorney Vitunac.
Attorney Collins discussed past cases where the County had accepted, through
Resolutions, dedications of old platted areas that have not yet been opened up or utilized, in
order to avoid future problems. He declared that there was ongoing dispute between Mr. Kirrie
and Mr. Mensing, each making claims to rights on the road, and he believed the County's
acceptance of the right-of-way was a way to clear up a claim to title, which he believed was
questionable. Attorney Collins believed that the land should be claimed, opened up, and made
useful, on behalf of the public.
Fred Mensing related background information on the subject parcel, and stated
that he had received a quit -claim deed from the grandson of one of three original owners of the
plat. He urged the Board to freeze this item until Mr. Collins and Mr. Vitunac could review all
the issues relating to the subject parcel, and thus avoid the expense of going to court.
W
June 3, 2008
A brief question and answer period ensued as the Board and Attorney Collins
discussed the implications of going to court. Attorney Collins felt that more meetings would not
be productive.
Attorney Vitunac reiterated that the County should not be interfering in what is a
civil real property dispute.
Attorney Collins pointed out that Mr. Mensing and Mr. Kirrie have repeatedly
shown up at the Sheriff's and the Attorney's offices, arguing points, and that this item needs to
be resolved. He recommended that the Board not rescind Resolution 2008-043.
A brief discussion ensued between the Board and staff regarding possible uses for
the subject property.
Mr. C.N. Kirrie made observations regarding the history of the sixty -foot strips,
as they were originally platted.
No Board action required or taken
The Chairman called a recess at 10:46 a.m. and reconvened the meeting at 10:56
a.m. with all members present.
14. COMMISSIONER ITEMS
14.A. CommissIONER SANDRA L. BowDEN, CHAIRMAN
HAL TAsK FORCE
W
June 3, 2008
Chairman Bowden recalled the recent decision of Piper Aircraft to remain in
Indian River County. She wanted to continue with that momentum and actively seek more light,
clean businesses, such as aviation and avionics. She invited Florida Representative Ralph
Poppell, and Penny Chandler of the Vero Beach Chamber of Commerce, to help develop a
strategy to work on this, and to put forth the message that Indian River County is open for
business.
Florida Representative Ralph Poppell supported moving forward in a spirit of
cooperation and teamwork to establish a good business climate, and he offered his support in this
endeavor.
Commissioner Wheeler felt that steps to maintain and attract businesses were
already being taken by the Chamber of Commerce and the Economic Development Council.
Vice Chairman Davis agreed with Commissioner Wheeler, but pointed out that the
County has a great opportunity to capitalize on the current momentum. He wanted to see the
County focus on anticipating the growth needs of established and future businesses; and he
wanted to see the goal of accomplishing the permitting within thirty (30) days.
plan.
Chairman Bowden wanted to incorporate the thirty -day permitting into a strategic
Commissioner Flescher mentioned that Piper Aircraft's CEO, Jim Bass, had
offered to provide input to the government and to the Chamber of Commerce on his experiences,
and to help recruit other businesses to the County.
Penny Chandler, of the Vero Beach Chamber of Commerce, said that Piper was a
great example of how effective teamwork can be, and advocated working together to make
37
June 3, 2008
economic development work for the County, to create more jobs, and to create a better tax base
for the County.
Michael Maggiano discussed his background in aerospace, and applauded the
County for seeking ways to bring necessary jobs into Florida. He suggested that the County
create the task force as a pilot program.
Commissioner O'Bryan agreed that it was important to promote the news that the
County is business friendly and wants to expand its aviation and other businesses. He felt that
the biggest delay in permitting did not arise from the local level, but in obtaining the St. John's
Water Management District (SJRWMD) and other State permits.
Administrator Baird agreed, stating that the County is the clearing house for the
other permitting agencies, such as the Department of Environmental Protection (DEP) and
SJRWMD. He noted that the County does have a good relationship with all the agencies.
Chairman Bowden conveyed that she was setting up a Chairman's Advisory
Committee that would advise her on different processes and procedures, and CEO's have already
contacted the committee.
The Board and staff continued to discuss the best ways to get out the message that
the County is not doing business as usual; whether it was possible to achieve the 30 -day
permitting goal; the importance of having a process whereby business people have a points
person to guide and inform them; and the necessity to meet with the cities that may have
different permitting processes.
Representative Poppell felt that the top priority would be for the County to
change its image, and that other items could be fine-tuned and fall into place.
38
June 3, 2008
Charlie Wilson, 1057 6th Ave., talked about the efficiency and affability of
County staff, but agreed with a remark made earlier by Representative Poppell that there is
always room for improvement. He suggested that when a group is put together, perhaps people
such as new or retired CEO's, could be appointed to provide fresh input. He also suggested
having an ombudsman to oversee and walk people through the system.
Joseph Paladin, Black Swan Consulting, had two suggestions: (1) Assign one
staff member to a particular permit so that one contact could be provided to a business person;
and (2) Have all the information available at the onset of the permitting process, regarding what
the business needs to address.
Further discussion ensued as the Board noted that Administrator Baird already
acted as a points person for incoming businesses.
Commissioner O'Bryan clarified that there were two elements involved in the
development of a strategy: (1) To have the Economic Development Council work within the 30 -
day parameter (as a Sunshine Committee), to come up with an advertising program to highlight
the Piper decision, and to send the message that the County is business friendly; and (2) To
survey the builder and developer community for suggestions on improving the permitting
process.
Vice Chairman Davis MOVED, SECONDED by
Chairman Bowden, to survey those who are utilizing the
building department for the purpose of obtaining
constructive criticism.
Under Discussion, Commissioner O'Bryan asked those in the developer
community to spread the word that the County is seeking constructive criticism.
39
June 3, 2008
Renee Renzi, Waverly Place, cautioned that business expansion is not always the
best thing, and asked the Commissioners to be careful to preserve the County's lifestyle.
Chairman Bowden hoped that within thirty (30) days, the Board would have
information back from the County Administrator and the Chamber of Commerce.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved to
survey those who are utilizing the Building Department, in
order to obtain constructive criticism on improvements
which could be made to the department.
Administrator Baird interjected that staff would be working with the Economic
Development Council on the goals discussed today.
14.B. COMMISSIONER WESLEYS. DA VIS, VICE CHAIRMAN -NONE
14. C. COMMISSIONER JOSEPH E. FLESCHER-NONE
14.D. COMMISSIONER PETER D. O'BRYAN--NONE
14. E. COMMISSIONER GARY C. WHEELER NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
40
June 3, 2008
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately and appended to
this document.
I S.B.I. APPROVAL OFMINUTES. REGULAR MEETING OFAPRIL 8, 2008
15.B.2. APPROVAL OFMINUTES. REGULAR MEETING OFAPRIL 22, 2008
15.B.3. WORKAUTHORmATIONNO. S - FINAL PAY TO GEOSYNTEC
CONSULTANTS, INC. FOR 2007ANNUAL ENGINEERING SERVICES AND
ENVIRONMENTAL COMPLIANCE ASSISTANCE
15.B.4. WORKAUTHORIZATIONNO. 8 - FINAL PAY TO CAMP DRESSER AND
MCKEE, INC. FOR 2007ANNUAL PERMITTING SERVICES
15.B.5. WORK ORDER NO. 16 TO GEOSYNTEC CONSULTANTS. INC. FOR
ENGINEERING SER VICES WITH THE CONSTRUCTION OF VERTICAL
EXPANSION OF THE CLASS I LANDFILL, ON-SITE BORROW POND, AND
EXPANSION OF THE LANDFILL GAS COLLECTION SYSTEM
15.0 ENVIRONMENTAL CONTROL BOARD -NONE
41
June 3, 2008
W 132 b@ SS0
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
11:42 a.m.
ATTEST:
Jef arton, Clerk
S dra L. Bowden, Chairman
Minutes Approved: JUL 0 8 2008
BCC/MG/2008Minutes
42
June 3, 2008 135 FS 211