Loading...
HomeMy WebLinkAbout07/01/2008 (3)INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF JULY 1, 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.........................................................................3 6.A. SPECL4L CALL MEETING MAY 9, 2008 - IMPACT FEES ............................................... 3 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION ..................3 7.A. RESIGNATION OF MEMBER AT -LARGE APPOINTEE TO ECONOMIC DEVELOPMENTCOUNCIL..............................................................................................3 7.B. RECOGNITIONOFAPPOINTEEToTHE MPO BICYCLEADVISORYCOMMITTEE ......... 3 8. CONSENT AGENDA.....................................................................................4 1 July 1, 2008 8.A. APPROVAL OF WARRANTS -JUNE 6, 2008 THRUJUNE 12, 2008 ................................4 8.B. APPROVAL OF WARRANTS- JUNE 13, 2008 THRUJUNE 19, 2008 ..............................4 8.C. MODIFYRESOLUTION2008-003ONTHE ECONOMICDEVELOPMENTCOUNCIL ....... 4 8.1). APPOINTMENT TO THE ECONOMICDEVELOPMENT COUNCIL (TOURIST IND US TR Y R EPR ESENTA TI VE) . .. . . .. . . ... . ... . ... . ... . ... . .. . . .. . . .. . . ... . ... . ... . ... . ... . .. . . .. . . .. . . ... . ... . ... . .. 5 8.E. APPOINTMENT TO THE ECONOMICDEVELOPMENT COUNCIL (MEMBER AT- LARGEAPPOINTEE) ......................................................................................................5 8.F. PROPERTYACQUISITION- TAXROLL REMOVAL & TAX CANCELLATION ...................6 8.G. RESOLUTION CANCELING TAXES ONPROPERTYACQUIREDBYTHE CITY OF FELLSMERE USING FLORIDA COMMUNITIES TRUST AND INDIAN RIVER COUNTYFUNDS FOR PUBLICRECREATIONPURPOSES............................................... 7 8.H. REPEAL OFRESOL UTIONS NOS. 95-31 AND 96-26 AND ADOPTION OF NEW DELEGATIONOFAUTHORITYRESOLUTIONFOR CERTAINSTANDARD UTILITY DEPARTMENT DOCUMENTS.......................................................................................... 8 8.L TRANSFER OF 18 ACRE SCHOOL SITE PROPERTY TO SCHOOL DISTRICT ................... 8 8.J WALDO DEVELOPMENT (10305 102" TERRACE AND 10315102ND TERRACE CONSENT TO AND ACCEPTANCE OF GRANT AND RESERVATION OFEASEMENTS....... 9 8.K. EXTENSION OF CONTRACT FOR PURCHASE OF REAL PROPERTYAT 5835 85TH STREET.......................................................................................................................... 9 8.L. SECOND REQUEST FOR EXTENSION OFLEASE FOR LENNIE Is LOUNGE PROPERTY....................................................................................................................10 8.M. CHARLES W. SEMBLER, TAX COLLECTOR: REQUIRED LIST OFERRORS, INSOLVENCIES, DOUBLEASSESSMENTSAND DISCOUNTS FOR THE 2007 TAX ROLL, AND RECAPITULATIONREPORT.......................................................................10 8.N. 2009 HOLIDAYSCHEDULE..........................................................................................11 8.0. REJECTIONOFIRCBID#2008042-LAWNMAINTENANCE.....................................11 8.P. CENTRAL REGIONAL WASTEWATER TREATMENT FACILITYPERMIT RENEWAL WORK ORDER NO. 18 - PROFESSIONAL SERVICES TO KIMLEY--HORN & ASSOCIATES, INC., FINAL PAY TO CONSULTANT........................................................12 8.Q. MEADOWLARK WOODS SUBDIVISION WATER ASSESSMENT PROJECT, UCP NO. 2324, APPROVAL OF CHANGE ORDER NO. I AND FINAL PAYMENT TO 2 July 1, 2008 CONTRACTOR AND RELEASE OFRETAINAGE W.LP. No. 473-169000-07524, BIDNUMBER 2008014................................................................................................12 8.R. LEASE EXTENSION, 7135 66THAVENUE, 66THAVENUE WIDENING AND IMPROVEMENTS, COUNTYPRO.IECT NO.0370, JUSTO MANUEL AND BLANCA LLEOHERNANDEZ......................................................................................................13 8.S. SCHUMANNDRIVEATKILDAREDRIVE WATER MAINREPLACEMENTPROJECT RELEASE OFRETAINAGE & FINAL PAYMENT TO CONTRACTOR...............................13 8.T. WORK ORDER No.]] (ENGINEERING/SURVEY), CR510& USHIGHWAYNOI INTERSECTIONIMPROVEMENTSPROJECT, RIGHT-OF-WAY& LAND ACQUISITION "ELDELL"PARCEL BOUNDARYSURVEY, CARTER ASSOCIATES, INC...............................................................................................................................14 8.U. WORK ORDER NO. 12 (ENGINEERING/SURVEYING), CARTER ASSOCIATES, INC. - ADDITIONAL SER VICES, OLD DIXIEHIGHWAYSTUDYFROM CR512 TO US HIGHwA Y No. I .. . ... . ... . ... . ... . ... . .. . . ... . ... . ... . ... . ... . ... . ... . .. . . ... . ... . ... . ... . ... . ... . ... . .. . . ... . ... . ... . ... .14 8.V M.A. C.E. (MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT) GRANT, PROJECT GENERATED INCOME, MISCELLANEOUS BUDGET AMENDMENT 014 .......................15 8.W. EIGHT SEVENTY FOUR L.L. CS REQUEST FOR FINAL PLAT APPROVAL FOR AN AGRICULTURAL PLANNED DEVELOPMENT TO BE KNOWNAS VERDE RANCHES P.D...............................................................................................................................15 8.X. FEDERAL FISCAL YEAR 2008 EDWARD BYRNE MEMORJAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, CERTIFICATE OFPARTICIPATION (STATE FISCAL YEAR 2009)........................................................................................16 8.Y RESOLUTIONAUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLYFUNDEDAGREEMENT (LFA),AMENDMENTNO. 1 FOR WIDENING SR60 BETWEEN 82 vD AVENUEAND 66THAVENUE.....................................................16 8.Z. RIGHT -OF- WA YACQUISITION, CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OFLATTER DAYSAINTS, A UTAH CORPORATION SOLE, 386612TH STREET, VERO BEACH, FLORIDA ..........................17 8.AA. APPROVAL OF BID AWARD FOR IRC BID NO. 2008032, WABASSO BEACH PARKRESTORATION....................................................................................................17 3 July 1, 2008 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES....................................................................................................18 9.A. ROYRAYMOND, INDIANRIVER COUNTYSHERIFF....................................................18 9.A.1. STATE CRIMINAL ALIENASSISTANCE PROGRAM......................................................18 10. PUBLIC ITEMS............................................................................................18 10.A. PUBLIC HEARINGS -NONE ................................................................................. 18 10.B. PUBLICDISCUSSIONITEMS -NONE ................................................................I8 10.C. PUBLICNOTICEITEMS.......................................................................................19 10.C.1. RESCHEDULING OF THE PUBLIC HEARING TO JULY 8, 2008 .............................19 AMENDMENT TO INDIANRIVER COUNTY CODE CHAPTER 214 STATE ROAD 60 INTEREST SHARE FEE (LEGISLATIVE)......................................................................19 10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING JULY 8, 2008 ..................................19 SANSEBSTIANSPRINGS PETITION WATER SERVICE, INDIANRIVER COUNTY PROJECTNO. UCP -3014 (ADMINISTRATIVE)...........................................................19 11. COUNTY ADMINISTRATOR'S MATTERS - NONE .......................... 19 12. DEPARTMENTAL MATTERS.................................................................19 12.A. COMMUNITYDEVELOPMENT - NONE.........................................................................19 12.B. EMERGENCYSERVICES - NONE..................................................................................19 12. C GENERAL SER VICES - NONE.......................................................................................19 12.D. HUMAN RESOURCES - NONE......................................................................................19 12.E. HUMANSERVICES -NONE ..........................................................................................19 12. F. LEISURE SER VICES - NONE......................................................................................... 20 12.G. OFFICE OF MANAGEMENT AND BUDGET...................................................................20 12.G.1. HUMANE SOCIETY OF VERO BEACH & INDIAN RIVER COUNTY, FL., INC., ANNUAL FINANCIAL AUDIT........................................................................................20 12.H. RECREATION-NONE...................................................................................................21 1ZLPUBLIC WORKS............................................................................................................21 4 July 1, 2008 12.L I. INTERLOCAL AGREEEMENT BETWEEN INDIAN RIVER COUNTYAND SEBASTIANINLET TAX DISTRICT - SECTOR 3 BEACH RESTORATION .......................21 12.J. UTILITIES SERVICES...................................................................................................22 12.11. SECOND AMENDMENT TO WETLANDS SERVICE AGREEMENT WITH ECOTECH CONSULTANTS, ING...................................................................................22 12..1.2. A UTHORIZATION TO ACCEPT EXTENSION OF ST JOHNS RIVER WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY COST SHARE AGREEMENT NO. S1341AA FOR INTEGRATED WATER RESOURCES PROGRAM TO REDUCE STORMWA TER AND REVERSE OSMOSIS CONCENTRATE INTO THE INDIAN RIVER LAGOON- UCP 2097.........................................................................23 12.13. SOUTH COUNTYREVERSE OSMOSIS PLANT- WORK ORDER NO.4 WITH ARCADIS G&M, INC. TO DETERMINE COUNTY'S REQUIRED CONTRIBUTION TO PARTICIPATE INA JOINT PROJECT TO CONSTRUCT A TRANSMISSIONPIPE AND AN INJECTION WELL AT THE CITY OF VERO BEACH (CO VB) WATER TREATMENT FACILITY- UCP 3059...........................................................................23 13. COUNTY ATTORNEY MATTERS - NONE..........................................24 14. COMMISSIONER ITEMS.........................................................................24 M.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN....................................................24 14.A.1. CHAMBER OF COMMERCE PRESENTATION OFNEWMARKETING TOOL...........24 14.B. COMMISSIONER WESLEYS. DA VIS. VICE CHAIR - NONE..........................................25 14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE.........................................................25 14.1). COMMISSIONER PETER D. O'BRYAN - NONE.............................................................25 14.E. COMMISSIONER GARY C. WHEELER - NONE.............................................................25 15. SPECIAL DISTRICTS AND BOARDS....................................................25 15.A. EMERGENCYSERVICESDISTRICT..............................................................................25 15.A.I. APPROVAL OF MINUTES, REGULAR MEETING OFAPRIL 8, 2008 ......................26 15.A.2. APPROVAL OFMINUTES, REGULAR MEETING OFAPRIL 15, 2008 ....................26 5 July 1, 2008 15.A.3. CONSERVATIONEASEMENT FOR FIRE RESCUE STATION 9 TO ST. JoHNs RIVER WATER MANAGEMENT DISTRICT....................................................................26 15.B. SOLID WASTE DISPOSAL DISTRICT - NONE...............................................................26 15. C ENVIRONMENTAL CONTROL BOARD - NONE.............................................................26 16. ADJOURNMENT.........................................................................................27 July 1, 2008 July 1, 2008 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on Tuesday, July 1, 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, Deputy County Attorney William K. DeBraal, and Deputy Clerk Leona Adair Allen. 1. CALL TO ORDER Chairman Bowden called the meeting to order at 9:00 a.m. 2. INVOCATION Father Gordon Anderson, St. Mark's Anglican Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan led the Pledge of Allegiance to the Flag. 1 July 1, 2008 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Addition of Item 14.E. - Commissioner Wheeler requested to discuss placing a link on the County's website for Charter Government. The Board objected to hearing the request because there was no Backup provided. MOTION WAS MADE by Commissioner Wheeler, to add discussion to the Agenda under Item 14.E., requesting that a direct link to Charter Government be added to the County's Home Page. There was no SECOND. MOTION DIED. ON MOTION by Vice Chairman Davis, SECONDED by Chairman Bowden, the Board unanimously approved the Agenda as "printed." 5. PROCLAMATIONS AND PRESENTATIONS - NONE The Chairman requested moving Item 14.A. I., Chamber of Commerce Presentation of a New Marketing Tool, forward since the presenter, Mrs. Caseltine, was present and ready to give her presentation. See discussion under Item 14.A.1. 2 July 1, 2008 6. APPROVAL OF MINUTES G.A. SPECIAL CALL MEETING MAY 9. 2008 - IMPACT FEES The Chairman asked if there were any corrections or additions to the Minutes of the Special Call Meeting of May 9, 2008. There were none. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner O'Bryan, the Board unanimously approved the Minutes of the Special Call Meeting of May 9, 2008, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION 7.A. RESIGNATION OF MEMBER AT -LARGE APPOINTEE TO ECONOMIC DEVELOPMENT COUNCIL The Board acknowledged the resignation of Deborah Segal, Member -at -Large to the Economic Development Council. 7.B. RECOGNITION OFAPPOINTEE TO THE MPO BICYCLE ADVISORY COMMITTEE The Board acknowledged the appointment of Susan Mulcahy, to serve as the City of Sebastian's Representative to the MPO Bicycle Advisory Committee, replacing Al Minner. 3 July 1, 2008 8. CONSENT AGENDA Commissioner Flescher pulled Items 8.E., 8.0. and 8.V. for discussion. ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the Consent Agenda, as amended. 8.A. APPROVAL OF WARRANTS -JUNE 6.2008 THRUJUNE 12.2008 ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the time period of June 6, 2008 to June 12, 2008, as requested in the memorandum of June 12, 2008. 8.B. APPROVAL OF WARRANTS -JUNE 13. 2008 THRUJUNE 19. 2008 ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the time period of June 13, 2008 to June 19, 2008, as requested in the memorandum of June 19, 2008. 8. C MODIFYRESOLUT/ON 2008-003 ON THE ECONOM/C DEVELOPMENT COUNCIL ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously directed the County Attorney or his designee to prepare a Resolution modifying Resolution 2008-003 adjusting the 4 July 1, 2008 membership of the Economic Development Council for representation from a local manufacturing industry, as recommended in the memorandum of June 18, 2008. 8.D. APPOINTMENT TO THE ECONOMIC DEVELOPMENT COUNCIL (TOURISTINDUSTRY REPRESENTATIVE) ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the appointment of Keith D. Kite as the new Tourist Tourist Industry Representative Appointee to the Economic Development Council. Mr. Kite will replace Robert Tenbus, deceased. His term expires in 2010, as recommended in the memorandum of June 18, 2008. 8.E. APPOINTMENT TO THE ECONOMIC DEVELOPMENT COUNCIL (MEMBER -AT -LARGE APPOINTEE) Commissioner Flescher did not wish to challenge the individual who was selected for the position, but rather the process used. He felt that the "entire" public should have the same fair and equal opportunity to serve on committees. Deputy County Attorney William DeBraal explained that internally, when there is a resignation or an opening on a committee, the Commissioner is notified by their Aide, which would then allow any of the Commissioners to recommend someone for the position. 5 July 1, 2008 Chairman Bowden asked that this issue be brought back under the County Attorney's Matters for further discussion. Attorney DeBraal requested it be brought back at the July 15, 2008 Board of County Commission Meeting, and Chairman Bowden agreed. ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved the appointment of Andrew C. Kennedy, as the Member -at -Large Appointee on the Economic Development Council. Mr. Kennedy will replace Deborah Segal and will serve the remainder of her term, as recommended in the memorandum of June 24, 2008. 8.F. PROPERTYAcouisimN- TAXROLL REMOVAL & TAX CANCELLATION ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the following Resolutions: (1) Resolution 2008-082, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (CR512 - United Church of Sebastian) (2) Resolution 2008-083, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (66th Avenue [45th to 49th Streets] - Frederick Van Antwerp and Florence Van Antwerp) C July 1, 2008 (3) Resolution 2008-084, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (County Road 510 - Earth Acquisitions) (4) Resolution 2008-085, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (77th Street - [Hobart Road] & York Road - Indian River Presbyterian Church PCA) (5) Resolution 2008-086, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (CR510 - [Wabasso Road] - George Hemmings & Lorenzo Hemmings). 8. G RESOLUTION CANCELING TAXES ON PROPERTYACOUIRED BY THE CITY OF FELLSMERE USING FLORIDA COMMUNITIES TRUST AND INDIAN RIVER COUNTY FUNDS FOR PUBLIC RECREATION PURPOSES ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved Resolution 2008-087, canceling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Fellsmere Trailhead Preserve) 7 July 1, 2008 8. H. REPEAL OF RESOL UTIONS NOS. 95-31 AND 96-26 AND ADOPTION OF NEW DELEGATION OFA UTHORITYRESOLUTION FOR CERTAINSTANDARD UTILITYDEPARTMENT DOCUMENTS ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved Resolution 2008-088, authorizing the County Utilities Director to execute certain utilities related documents on behalf of the Board of County Commissioners and repealing existing Resolutions Nos. 95-31 and 96-26. Clerk's Note: Documents refer to Liens. 8.L TRANSFER OF I8 ACRE SCHOOL SITE PROPERTY TO SCHOOL DISTRICT ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the transfer of the 18 -acre school site to the School District of Indian River County, and authorized the Chairman to execute the County Deed for recordation in the public records of Indian River County, Florida, as recommended in the memorandum of June 16, 2008. RECORDED COPY OF COUNTY DEED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 July 1, 2008 8.J WALDO DEVELOPMENT (10305102ND TERRACE AND 10315102ND TERRACE) CONSENT TO AND ACCEPTANCE OF GRANT AND RESERVATION OF EASEMENTS ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the consent to and acceptance of Grant and Reservation of Easements between Waldo Development, Inc. and Hammond Development Group, LLC and authorized the Chairman to execute same for recordation in the public records of Indian River County, Florida, as recommended in the memorandum of June 18, 2008. DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.K EXTENSION OF CONTRACT FOR PURCHASE OF REAL PROPER TYAT 5835 85TH STREET ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the addendum to the contract with David Godwin, extending the closing date until July 31, 2008, as recommended in the memorandum of June 24, 2008. ADDENDUM ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9 July 1, 2008 8.L. SECOND REQUEST FOR EXTENSION OF LEASE FOR LENNIE'S LOUNGE Clerk's Note: Property located at 1959 43rd Avenue, Vero Beach, FL ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved to extend the lease with Jeraldine Lawrence for 30 days until August 3, 2008, as recommended in the memorandum of June 24, 2008. EXTENSION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.M. CHARLES W. SEMBLER. TAX COLLECTOR: REQUIRED LIST OF ERRORS. INSOLVENCIES. DOUBLE ASSESSMENTS AND DISCOUNTS FOR THE 2007 TAX ROLL, AND RECAPITULATION REPORT ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the List of Errors, Insolvencies, Double Assessments, and Discounts for the 2007 Tax Roll, and the Recapitulation Report, as requested in the memorandum of June 25, 2008. REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10 July 1, 2008 8.N. 2009 HOLIDAYSCHEDULE ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the 2009 Holiday Schedule for Indian River County employees, as requested in the memorandum of June 16, 2008. 8.0. REJECTION OF IRC BID #2008042 - LA wN MAINTENANCE Commissioner Flescher believed that during these stressed economic times, privatization was not the avenue to take, and felt that the County could provide the services at the best rate for the community. ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved: (1) rejection of all bids; (2) that all bid bonds be returned to the bidders; and (3) that the grounds function remain as an in-house operation, as recommended in the memorandum of June 9, 2008. 11 July 1, 2008 8.P. CENTRAL REGIONAL WASTEWATER TREATMENT FACILITY PERMIT RENEWAL WORK ORDER No. 18- PROFESSIONAL SERVICES To KIMLEY--HORN & ASSOCIATES. INC., FINAL PAY TO CONSULTANT ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved final payment to Kimley-Horn and Associates in the amount of $608.99 as presented, and as recommended in the memorandum of June 16, 2008. 8.0. MEADOWLARK WOODS SUBDIVISION WATER ASSESSMENT PROJECT. UCP No. 2324. APPROVAL OF CHANGE ORDER NO. I AND FINAL PAYMENT TO CONTRACTOR AND RELEASE OF RETAINAGE W.LP. No. 473-169000-07524, BID NUMBER 2008014 ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved: (1) the total project construction cost of $48,215.70; (2) Change Order No. 1 for $1,499.70; and (3) the Application for Payment No. 2 - Final as final payment to the Contractor, Tim Rose Contracting, Inc., in the amount of $3,835.50, as presented, and as recommended in the memorandum of June 23, 2008. 12 July 1, 2008 8.R. LEASE EXTENSION, 7135 66THAvENUE, 66THAVENUE WIDENING AND IMPROVEMENTS, COUNTYPROJECT NO. 0370. JUSTO MANUEL AND BLANCA LLEO HERNANDEZ ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved: (1) Alternative No. 1, the Lease Renewal Agreement as presented, allowing Justo Manuel and Blanca Lleo Hernandez to remain in the premises; (2) amending the lease to terminate on June 30, 2009; and (3) authorized the Chairman to execute the Agreement to extend the lease, as recommended in the memorandum of June 3, 2008. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.S. SCHUMANNDRIVE AT KILDARE DRIVE WATER MAINREPLACEMENT PROJECT RELEASE OF RETAINAGE & FINAL PAYMENT TO CONTRACTOR ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved Application for Pay Request No. 2 - Final as final payment to the Contractor, Underground Utilities, Inc., in the amount of $949.52, as presented, and as recommended in the memorandum of June 19, 2008. 13 July 1, 2008 8. T. WORK ORDER NO. Il (ENGINEERING/SURVEY). CR510& US HIGHWAYNO I INTERSECTION IMPROVEMENTS PROJECT. RIGHT—OF—WAY chic LAND AC4UISITION "ELDELL" PARCEL BOUNDARYSURVEY. CARTER ASSOCIATES.ING ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved Work Order No. 11, authorizing the project as outlined in the Scope of Services, and authorized the Chairman to execute same, as recommended in the memorandum of June 23, 2008. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. U. WORK ORDER NO. 12 (ENGINEERING/SURVEYING). CARTER ASSOCIATES. INC. — ADDITIONAL SERVICES. OLD DIXIE HIGHWAYSTUD YFROM CR512 TO USHIGHWAYNo. I ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved Work Order No. 12, authorizing the project as outlined in the Scope of Services, and authorized the Chairman to execute same, as recommended in the memorandum of June 19, 2008. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 14 July 1, 2008 8. V. M.A. CE. (MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT) GRANT, PROJECT GENERATED INCOME, MISCELLANEOUS BUDGET AMENDMENT 014 Commissioner Flescher recognized the Sheriff's office and staff for the countless hours involved in taking the assets that were seized through criminal activity and applying them to community needs, especially during these economically stressed times. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved: (1) the utilization of Project Generated Income totaling $20,512.44; (2) authorized the Chairman to sign the two Project Generated Income Agreements; and approved Resolution 2008-089 amending the fiscal year 2007-2008 Budget. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. W. EIGHT SEVENTY FOUR L.L.C.'SREOUEST FOR FINAL PLATAPPROVAL FOR AN AGRICULTURAL PLANNED DEVELOPMENT TO BE KNOWN AS VERDE RANCHES P.D. ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously granted final plat approval for Verde Ranches Agricultural P.D., as recommended in the memorandum of June 25, 2008. 15 July 1, 2008 8.X. FEDERAL FISCAL YEAR 2008 EDWARD BYRNE MEMORIAL .IUSTICE ASSISTANCE GRANT (JAG) PROGRAM. CERTIFICATE OF PARTICIPATION (STATE FISCAL YEAR 2009) ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously: (1) accepted the invitation to serve as the coordinating unit of government in the FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program; (2) authorized the Chairman to execute the Certificate of Participation naming Jason E. Brown, Director, Management & Budget, as the contact person; and (3) accepted the total amount of the grant, which is $39,931.00, as recommended in the memorandum of June 18, 2008. CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. Y. RESOLUTIONAUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLYFUNDED AGREEMENT (LFA), AMENDMENT NO. ]FOR WIDENING SR60 BETWEEN 82ND AVENUE AND 66THAVENUE ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved Resolution 2008-090, authorizing the execution of District Four Locally Funded Agreement, Amendment No. 1 for SR60 between 82nd Avenue and 66th Avenue (MP 23.923 to MP 26.072). 16 July 1, 2008 B.Z. RIGHT-OF-WAYACOUISITION. CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAYSAINTS. A UTAH CORPORATION SOLE. 386612T" STREET. VERO BEACH. FLORIDA ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved Alternative No. 1, the $78,412.00 purchase, and authorized the Chairman to execute the Agreement, as recommended in the memorandum of June 17, 2008. DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.AA. APPROVAL OF BID AWARD FOR IRC BID NO.2008032. WABASSO BEACHPARK RESTORATION ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved: (1) the Bid Award to Ocean Gate General Contractors, Inc., as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, in the total amount of $858,200.44; (2) 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 June 18, 2008. 17 July 1, 2008 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 9.A. ROY RAYMOND. INDIAN RIVER COUNTY SHERIFF 9.A.1. STATE CRIMINAL AMEN ASSISTANCE PROGRAM ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved the Sheriff's request to amend $87,058.14 into Corrections Salaries, and $24,554.86 be amended into Corrections Operating Expense to pay the consulting firm of Justice Benefits, Inc. (JBI), as requested in the letter dated June 24, 2008. Commissioner O'Bryan wanted clarification as to how the net amount of $87,058.14 would be applied toward salaries. Harry Hall, Comptroller of the Sheriff's Department, said the money would go into the Budget for current salaries and would be used as such. He further explained that some of the money could go to future retirements, but their intention is to revert most of the money to the County. 10. PUBLIC ITEMS 10.A. PUBLICHEARINGS - NONE 10.B. PUBLIC DISCUSSION ITEMS - NONE 18 July 1, 2008 10.C, PUBLIC NOTICE ITEMS 1O. C.1. RESCHEDULING OF THE PUBLIC HEARING TO .IDLY 8. 2008 AMENDMENT TO INDIANRIVER COUNTY CODE CHAPTER 214 STATE ROAD 60INTEREST SHARE FEE (LEGISLATIVE) 1O.C.2. NOTICE OFSCHEDULED PUBLICHEARING.TULY 8. 2008 SAN SEBSTIAN SPRINGS PETITION WATER SERVICE, INDIAN RIVER CO UNTY PROJECT No. UCP - 3014 (ADMINISTRATIVE) The Chairman read the notices into the record. 11. COUNTY ADMINISTRATOR'S MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DE VELOPMENT - NONE 12.B. EMERGENCYSERVICES - NONE 12.C. GENERAL SER VICES - NONE 12.D. HUMANRESOURCES - NONE 12.E. HUMAN SERVICES - NONE 19 July 1, 2008 12.F. LEISURE SERVICES - NONE 12.G. OFFICE OF MANAGEMENT AND BUDGET 12. G.I. HUMANE SOCIETY OF VERO BEACH & INDIAN RIVER COUNTY, FL., INC , ANNUAL FINANCIAL A UDIT County Budget Director Jason Brown recapped his June 23, 2008 memorandum and requested direction from the Board on how to proceed with reimbursements. He acknowledged that the Humane Society had requested a 120 -day extension to their audit deadline, and that staff had no concerns over their financial statements, but said that policy does not allow them to grant an extension. Vice Chairman Davis felt there were extenuating circumstances that needed to be addressed, and voiced how the Humane Society provides the County with a service that would cost the County about four times the amount of money than the County provides them. He recommended proceeding with the reimbursements, and suggested paying them on a monthly basis. County Administrator Baird acknowledged that the Humane Society had been providing the services but had not been paid. He reiterated that staff cannot change policy in granting an extension, only the Board can. Commissioner O'Bryan clarified that Vice Chairman Davis supported Alternative 1, and paying the reimbursements on a monthly basis. 20 July 1, 2008 ON MOTION by Vice Chairman Davis, SECONDED by Chairman Bowden, the Board unanimously approved Alternative No. 1, granting the Humane Society's request for an extension of their annual independent financial audit for 120 -days and pay any reimbursements submitted by the Humane Society, on a monthly basis. 12.IL RECREATION - NONE 12.L PUBLIC WORKS 12.L1. INTERLOCAL AGREEEMENT BETWEENINDIAN R/VER COUNTYAND SEBASTIANINLET TAX DISTRICT - SECTOR 3 BEA CHRESTORATION Public Works Director Jim Davis reported that the Coastal Resource Division is working on a project to nourish the Wabasso Beach area, in Sector 3. He spoke about the joint venture with the Sebastian Inlet Tax District, and specified that the Tax District would contribute 180,000 cubic yards of sand for the project. He related that Sebastian Inlet Tax District money, along with State and Federal monies, would be used to fund the 640,000 cubic yards of sand project. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner O'Bryan, the Board unanimously approved the Interlocal Agreement (ILA) for Sector 3 Beach Renourishment Cost -Sharing, and authorized the Chairman sign on behalf of the County following execution of the Agreement by the Sebastian Inlet Tax District, as recommended in the memorandum of June 23, 11: July 1, 2008 21 Commissioner O'Bryan emphasized that this was the third project where the Sebastian Inlet District had joined with the County. He commended the District Board members and staff for their cooperative spirit in working with the County to address such pertinent issues. I2.J UTILITIES SERVICES 12.J1. SECOND AMENDMENT TO WETLANDS SER VICE AGREEMENT WITH Eco TECH CONSULTANTS. INC. ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved: (1) the Chairman to execute the Second Amendment to the Wetlands Maintenance Services Agreement; and (2) authorized Exhibit 1, (Scope of Services, Project Budget, Project Schedule) for the planting at Spoonbill Marsh Wetland Facility for the total price of $324,858.00, as recommended in the memorandum of June 11, 2008. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 22 July 1, 2008 12J2 AUTHORIZATION TO ACCEPT EXTENSION OF ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY COST SHARE AGREEMENT NO. S1341AA FOR INTEGRATED WATER RESOURCES PROGRAM TO REDUCE STORMWATER AND REVERSE OSMOSIS CONCENTRATE INTO THE INDIAN RIVER LAGOON- UCP 2097 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner O'Bryan, the Board unanimously accepted the twelve month grant extension in the amount of $50,000.00 from SJRWMD, and authorized the Chairman to execute the Amendment to the Agreement, as recommended in the memorandum of June 17, 2008. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.J.3. SOUTH COUNTYREVERSE OSMOSIS PLANT - WORK ORDER NO.4 WITHARCADIS G&M, INC. TO DETERMINE COUNTY'S REQUIRED CONTRIBUTION TO PARTICIPATE INA JOINT PROJECT TO CONSTRUCT A TRANSMISSION PIPE AND AN INJECTION WELL AT THE CITY OF VERO BEACH (CO VB) WATER TREATMENT FACILITY- UCP 3059 MOTION WAS MADE by Commissioner Flescher, SECONDED by Vice Chairman Davis, to accept staff's recommendation to approve Work Order No. 4, as presented. Under discussion, Commissioner O'Bryan questioned the commitment of the project. Director of Utilities Erik Olson said there was no commitment to this project, and that it is strictly an option to the exploration process. 23 July 1, 2008 Commissioner O'Bryan wanted to know how soon the brine disposal project would be up and running, in order to compare how it is working, before committing to anything else. Director Olson said it is currently under construction, but it would take approximately nine months to get everything on line. The Chairman CALLED THE QUESTION and the Motion passed unanimously. The Board approved Work Order No. 4 with Arcadis G&M, Inc., and authorized the Chairman to execute same, as presented, and as recommended in the memorandum of June 6, 2008. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. COUNTY ATTORNEY MATTERS - NONE 14. COMMISSIONER ITEMS 14.A. COMMISSIONER SANDRA L. BOWDEN. CHAIRMAN 14.A.1. CHAMBER OF COMMERCE PRESENTATION OF NEW MARKETING TOOL Clerk's Note: This item was heard as Item No. S, under Proclamations and Presentations and is placed here for continuity. Helene Caseltine, Director of Economic Development for the Indian River County Chamber of Commerce, demonstrated the newest marketing tool, known as a flash drive or thumb drive. This drive plugs into the computer's USB port and provides a 40 minute interactive marketing presentation of what Indian River County has to offer. It is included in promotional packages sent to targeted industries. 24 July 1, 2008 Vice Chairman Davis wanted Administrator Baird to be listed as the key contact person for the County, and suggested the presentation, or a link to it, be added to the County's website. Commissioner Flescher felt this would be a valuable tool for economic sustainability and the future success of the County. ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved that a link be added to the County website that would allow for the viewing of this Presentation. Commissioner O'Bryan recommended that updating this Presentation be a mandatory line item in the Budget. 14.B. COMMISSIONER WESLEYS. DAMS. VICE CHAIR - NONE 14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE 14.D. COMMISSIONER PETER D. 0 (BRYAN - NONE 14.E. COMMISSIONER GARY C. WHEELER - NONE 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCYSERVICES DISTRICT 25 July 1, 2008 The Chairman announced that immediately upon adjournment of the Board of County Commission Meeting, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately and appended to this document. 1 S.A.I. APPROVAL OF MINUTES. REGULAR MEETING OFAPRIL 8, 2008 15.A.2. APPROVAL OFMINUTES, REGULAR MEETING OFAPRIL 1 S, 2008 15.A.3. CONSERVATIONEASEMENT FOR FIRE RESCUE STATION 9 TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 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 26 July 1, 2008 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 9:43 a.m. ATTEST: v: J Jef arton, Clerk Minutes Approved: AUG 1 2 2008 BCC/LAA/2008Minutes July 1, 2008 4raL4O. Bowden, Chairman 27 IK 135 P6 359