HomeMy WebLinkAbout07/15/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JULY 15, 2008
1. CALL TO ORDER.........................................................................................1
2. INVOCATION................................................................................................1
3. PLEDGE OF ALLEGIANCE.......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS..............................................................................................................2
5. PROCLAMATIONS AND PRESENTATIONS........................................2
S.A. PRESENTATION OF PROCLAMATIONHONORING THE RECIPIENTS OF THE 2008
DANK RICHARDSONAWARD, MR. ROBERT F. AND ELEONORA W. MCCABE ..........2
S.B. PRESENTATION BYDWIGHT JENKINS, CONSUMPTIVE USE POLICY
DEVELOPMENT COORDINATOR, ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT....................................................................................................................... 2
6. APPROVAL OF MINUTES-NONE............................................................3
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION..................3
7.A. TAKING APPLICATIONS FOR A CITIZENMEMBER OF THE 2008 VALUE
ADJUSTMENT BOARD
July 15, 2008 1
wi
8. CONSENT AGENDA.....................................................................................4
8.A. APPROVAL OF WARRANTS - JUNE 27, 2008 To JuLY2, 2008 .....................................4
8.B. APPOINTMENT TO THE ECONOMICDEVELOPMENT COUNCIL....................................4
8. C RESOLUTIONS TO CALL LETTERS OF CREDIT AND TO ACT ON BEHALF OF
INDIANRIVER COUNTYDURING THE TIME FRAMES OF JULY 16, 2008,
THROUGHAND INCLUDING AUGUST 11, 2008, AND AUGUST 20, 2008,
THROUGHANDINCLUDINGSEPTEMBER 8, 2008.........................................................5
8.D. RESOLUTION CANCELING TAXES ONPROPERTYACQUIRED FOR THE NORTH
SEBASTIAN CONSERVATIONAREA ADDITION.............................................................. 6
8.E. PROPERTYACQUISITION- TAXROLL REMOVAL & TAX CANCELLATION ...................6
8.E INTERLOCAL SERVICE BOUNDARYAGREEMENT STAND DowNEXTENSION............. 7
8.G. PROCLAMATIONAND RETIREMENT AWARD HONORING JOSEPHLowTHER ON
HISRETIREMENT FROMINDIANRIVER COUNTYBOARD OF COUNTY
COMMISSIONERSDEPARTMENT OFEMERGENCYSER VICESFIRE RESCUE WITH
26 YEARS SERVICE........................................................................................................8
8.K AwARD oFBID #2008029, POwERLINEROAD -IRCPRO.IECTNO. 0217 .................8
8.L APPROVALOFBIDAWARDFORIRCBIDNo. 2008056,FURNISHONE(])
CUSHION TIRE FORKLIFT............................................................................................. 9
8.J APPROVALOFBIDAWARDFORIRCBIDNO..2008064INSTALLATIONAND
ELECTRICAL TIE-IN OF FIVE (5) GENERATORS........................................................... 9
8.K. APPROVAL OFBID AWARD FOR IRCBID NO.2008066 PORTABLE FLOW
METERS AND THICKNESS GAUGE...............................................................................10
8.L. APPROVAL OFBIDAWARD FOR IRCBID No. 2008067DEMOLITIONOFSvc (6)
CONDEMNED STRUCTURES.........................................................................................10
8.M. MEMORIAL PLAQUE....................................................................................................11
8.N. ACCEPTANCE OFEMERGENCYMANAGEMENT PERFORMANCE GRANT
FUNDINGANDAPPROVAL OFEXPENDITURES...........................................................13
8.0. FEDERAL FISCAL YEAR 2008 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCEGRANT (JAG).........................................................................................14
8.P. APPROVAL TO PURCHASE 911 RECORDING EQUIPMENT FROM REPLAY
SYSTEMS......................................................................................................................14
July 15, 2008 2
8.Q. FLORIDA POWER AND LIGHT (FPL) AGREEMENT TO INSTALL ADDITIONAL
STREET LIGHTS IN THE WABASSO STREET LIGHTING DISTRICT..............................15
8.R. FLORIDA POWER AND LIGHT (FPL) AGREEMENT TO INSTALL ADDITIONAL
STREET LIGHTS IN THE GIFFORD STREET LIGHTING DISTRICT...............................15
8.S. WORK ORDER No. 5 (ENGINEERING/SURVEYING CARTER ASSOCIATES, INC.
FULL & FINAL PAY, OLD DIXIE HIGHWAYSTUDY FROM CR512 TO US
HIGHWAYNo. 1...........................................................................................................15
8.T. WORK ORDER NO. 12 (ENGINEERING/SURVEYING FULL & FINAL PAY,
CARTER ASSOCL4TES, INC. -ADDITIONAL SERVICES, OLD DIXIE HIGHWAY
STUDYFROMCR512To USHIGHWAYNO. 1............................................................16
8.U. INDIANRIVERDRIVE, PHASE ONEAND TWO, RIGHT-OF-WAYMAPAPPROVAL..... 16
8.V CONSIDERATION OF STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAMANO U.S. DEPARTMENT OFHOUSINGAND URBANDEVELOPMENT
HOME PROGRAM FUNDS SET-ASIDE FOR HABITAT FOR HUMANITY CLIENTS
FORFY2008 - 2009...................................................................................................17
8.W. JOHNAND NANCYLAVISK,4'SREQUEST FOR PARTIAL RELEASE OFAN
EASEMENT AT 13255 OLD DIXIE HIGHWAY (LOT 8, .JEAN'S UNIT, INDL4N
RIVER TWINESTATES)................................................................................................17
8.X. APPROVAL TO PURCHASE MIA-COMFX SOFTWARE SERVICES .............................17
8. Y. DERELICT VESSEL REMOVAL, CONSTRUCTION CONTRACT ABSOLUTE MARINE
TOWINGAND SALVAGE, INC.......................................................................................18
8.Z. PROVIDING CONSTRUCTIONMATERL4LS TESTING SERVICES FOR POWERLINE
ROAD IMPROVEMENTS, IRCPROJECT #0217............................................................18
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES....................................................................................................19
9.A. .JEFFREYK. BARTON, CLERK OF CIRCUIT COURT:....................................................19
.JIMRIZZO, SENIOR ACTUARYFROM GABRIEL ROEDER SMITH & COMPANY (GRS), IS
HERE TO REVIEW THE OPER (OTHER POST EMPLOYMENT BENEFITS)
REPORT AND OUR OBLIGATION TO ACCOUNT FOR THESE BENEFITS. HE HAS A
July 15, 2008 3
SHORT POWER POINT SLIDE PRESENTATION AND WILL BEA VAILABLE TO
ANSWERQUESTIONS...................................................................................................II
10. PUBLIC ITEMS............................................................................................21
IO.A. PUBLICHEARING..................................................................................................21
10.A.1. CONSIDERATION OFANAPPLICATIONFORACERTIFICATE OFPUBLIC
CONVENIENCE AND NECESSITY FOR A CLASS EI CERTIFICATE FOR
CONSULATE HEALTH CARE OF VERO BEACHcH ...........................................................
IO.B. PUBLICDISCUSSIONITEMS..............................................................................22
I0.B.1. REQUEST TO SPEAK FROM VINCE DETURIS REGARDING ELECTRIC UTILITY
REFERENDUM............................................................................................................. 22
I0.B.2. REQUEST TO SPEAK FROMSEBASTIANSOCCER ASSOCIATIONREGARDING
NORTH COUNTY PARK LIGHTING...............................................................................23
10.B.3. REQUEST TO SPEAK FROM REBECCA STARR OF REBECCA STARR DESIGNS
REGARDING 5055NORTHAIA, SUITEB...................................................................24
10.0 PUBLIC NOTICE ITEMS-NONE..........................................................................24
11. COUNTY ADMINISTRATOR'S MATTERS -NONE ............................24
12. DEPARTMENTAL MATTERS.................................................................25
12.A. COMMUNITYDEVELOPMENT......................................................................................25
12.A.1. CONSIDERA TION OF IMPA CT FEE CONSULTANT CONTRA CT MODIFICA TION .......
25
12.B. EMERGENCYSERVICEs-NONE...................................................................................27
12. C. GENERAL SERVICES-NONE.........................................................................................27
12.D. HUMANRESOURCE-NONE..........................................................................................28
12.E. HUMANSERVICES-NONE............................................................................................28
12E LEISURESERVICES-NONE..........................................................................................28
12G. OFFICE OF MANAGEMENT AND B UDGET-NONE.......................................................28
12.H. RECREATION-NONE....................................................................................................28
12.L PUBLIC WORKS-NoNE................................................................................................28
12.J. UTILITIES SERVICES...................................................................................................28
July 15, 2008 4
12..11. COUNTRYSIDE MOBILE HOME PARK EMERGENCY WATER INTERCONNECT .........28
12..12. GRAND HARBOR SPOONBILL MARSH- BASELINE SAMPLING AND
MONITORING............................................................................................................... 29
12..13. PRICE INCREASE FOR SULPHURICACID AND ZINC ORTHO PHOSPHATE ...............30
12..14. CHANGE ORDER NO.4 TO IRC CONTRACT 2006012 WITH POOLE AND KENT
COMPANY OF FLORIDA, ING FOR THE EXPANSION OF THE NORTH R PLANT....... 30
I2.J. S. DEVELOPER'S AGREEMENT BETWEEN GRAND HARBOR LLC AND INDIAN
RIVER COUNTY FOR PLACEMENT OF FILL FROM SPOONBILL MARSH SITE ............. 31
13. COUNTY ATTORNEY MATTERS.........................................................32
13.A. ORGANIZATIONAL MEETING OF THE VALUE ADJUSTMENT BOARD AND
RESOL UTIONAPPOINTING VALUE ADJUSTMENT BOARD MEMBERS AND
PROVIDING FOR OR REJECTING PER DIEM COMPENSATION FOR VALUE
ADJUSTMENT BOARD
..32
13.B. APPOINTMENT OF "AT LARGE"MEMBERS TO ADVISORY COMMITTEES.................33
13.C. APPROVAL OFMEDIATED SETTLEMENTAGREEMENT FOR PURCHASE OF
PROPERTYLOCATED AT 4705 66THAVENUE.............................................................35
14. COMMISSIONER ITEMS.........................................................................36
M.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN...................................................36
14.A.1. OVERVIEW OF WORKFORCE DEVELOPMENT BOARD..............................................36
14.B. COMMISSIONER WESLEYS. DA VIS, VICE CHAIRMAN-NONE...................................36
14. C. COMMISSIONER JOSEPH E. FLESCHER-NONE..........................................................36
M.D. COMMISSIONER PETERD. O' BRYAN-NONE.............................................................37
14.E. COMMISSIONER GARY C. WHEELER-NONE...............................................................37
15. SPECIAL DISTRICTS AND BOARDS....................................................37
I5.A. EMERGENCY SER VICES DISTRICT..............................................................................37
I5.A.I. DELEGATION OFAUTHORITYToSIGNDOMESTICSECURITYDOCUMENTS.......... 37
15.B. SOLID WASTE DISPOSAL DISTRICT............................................................................ 37
1 S.B.I. APPROVAL OFMINUTES OFREGULAR MEETING OFJuNE 3, 2008 .......................37
July 15, 2008 5
15.B.2. APPROVAL OFMINUTES OF REGULAR MEETING OF JUNE 10, 2008 ......................37
15.B.3. NEGOTIATIONSUMMARY WITH FRANCHISED WASTE HAULERS ...........................38
15.B.4. APPROVAL OFBID AWARD FOR IRCBID NO. 2008047, 40 Cu YD OPEN TOP
ROLL -OFF CONTAINERS REFUSE DISPOSAL.............................................................38
16. ADJOURNMENT.........................................................................................38
July 15, 2008 6
July 15, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 180127 th St., Vero Beach, Florida, on
Tuesday, July 15, 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
Reverend Tom Harris, First Presbyterian Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Sandra L. Bowden led the Pledge of Allegiance to the Flag.
July 15, 2008 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
(Clerk's Note: this item was heard immediately following Item S. B. and is placed
here for continuity).
Administrator Baird requested the following changes to today's Agenda:
1. Delete Item 8.Q. Florida Power and Light (FPL) Agreement to Install
Additional Street Lights in the Wabasso Street Lighting District
There was a CONSENSUS to approve the above change
to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATIONHONORING THE RECIPIENTS OF
THE 2008 DANK. RICHARDSONAWARD. MR. ROBERT F. AND
ELEONORA W. MCCABE
Chairman Bowden read and presented the Proclamation to Mr. Robert F. and
Eleanor W. McCabe.
S.B. PRESENTATIONBYD WIGHT JENKINS, CONSUMPTIVE USEPOLICY
DEVELOPMENT COORDINATOR. ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
Mr. Dwight Jenkins explained that the "Permit by Rule Conservation
Requirements", which regulate water usage, apply to smaller water uses that do not require a
July 15, 2008 2
consumptive use permit where the water is used for irrigation. Through a PowerPoint
presentation (copy on file), Mr. Jenkins provided background on the "Permit by Rule
Conservation Requirements", and outlined the proposed changes to the existing rules. He
disclosed that the SJRWMD hoped to have the provisions in place effective March 2009.
Mr. Jenkins thereafter responded to Commissioner O'Bryan's concerns regarding
the proposed time schedule for irrigation; how enforcement might be accomplished; and whether
some type of soil moisture meter could be provided to help citizens determine appropriate
irrigation times.
The Board directed comments to Mr. Jenkins about streamlining the program to
make it easier for citizen compliance. They also cautioned Mr. Jenkins that they did not want to
see another unfunded mandate (helping SJRWMD enforce its irrigation rules) coming to the
County.
Chairman Bowden thanked Mr. Jenkins for coming.
6. APPROVAL OF MINUTES -NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
%A. TAKINGAPPLICATIONS FOR A CITIZENMEMBER OF THE 2008 VALUE
ADJUSTMENT BOARD
July 15, 2008 3
8. CONSENT AGENDA
Clerk's Note: The Consent Agenda was heard immediately following Item 14.A.1.
and is placed here for continuity.
Commissioner O'Bryan asked that Item 8.F. be pulled for discussion.
Commissioner Flescher asked that Item 8.M. be pulled for discussion.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Consent Agenda as amended.
8.A. APPROVAL OF WARRANTS - .TUNE 27.2008 TO.JULY2. 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 June 27, 2008 to July 2, 2008, as
requested in the memorandum dated July 2, 2008.
8.B. APPOINTMENT TO THE ECONOMIC DEVELOPMENT COUNCIL
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the appointment of Mr. Kevin J. Gould as the Local
Manufacturing Appointee on the Economic Development
July 15, 2008 4
Council. His term expires in 2010, as recommended in
the memorandum of July 9, 2008.
8.C. RESOL UTIONS TO CALL LETTERS OF CREDIT AND TO ACT ON BEHALF
OF INDIAN RIVER COUNTYDURING THE TIME FRAMES OF JULY 16,
2008, THROUGHAND INCLUDINGAUGUST 11, 2008, AND AUGUST 20,
2008, THROUGHAND INCLUDING SEPTEMBER 8, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the following Resolutions:
(1) Resolution 2008-096, delegating authority to the
County Administrator or the Assistant County
Administrator to execute Resolutions calling Letters of
Credit as necessary during the period from July 16, 2008,
through and including August 11, 2008, and further
delegating to the County Administrator, the Assistant
County Administrator, and the Emergency Services
Director the authority to execute all documents necessary
to the proper functioning of the County during the period
from July 16, 20008, through and including August 11,
2008.
(2) Resolution 2008-097, delegating authority to the
County Administrator or the Assistant County
Administrator to execute Resolutions calling Letters of
Credit as necessary during the period from August 20,
2008, through and including September 8, 2008, and
July 15, 2008 5
further delegating to the County Administrator, the
Assistant County Administrator, and the Emergency
Services Director the authority to execute all documents
necessary to the proper functioning of the County during
the period from August 20, 2008, through and including
September 8, 2008.
8.D. RESOLUTION CANCELING TAXES ONPROPERTYACOUIRED FOR THE
NORTH SEBASTIAN CONSERVATIONAREA ADDITION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-098, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(St. Johns River Water Management District)
8.E. PROPERTYACOUISITION- TAXROLL REMOVAL & TAX
CANCELLATION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the following Resolutions:
(1) Resolution 2008-099, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(CR512 [Yuko Matsuda])
July 15, 2008 6
(2) Resolution 2008-100, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(CR512 [Yoko Osawa])
(3) Resolution 2008-101, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(43rd Avenue and 8th Street [Beachler])
(4) Resolution 2008-102, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(8th Street [Sanders])
(5) Resolution 2008-103, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(43rd Avenue [Lazy J, LLC])
8.F. INTERLOCAL SERVICE BouNDARYAGREEMENT STAND DOWN
EXTENSION
Commissioner O'Bryan asked Attorney Collins to clarify the difference between
the original and the updated Stand Down Agreement.
Attorney Collins explained that the Agreement approved by the City of Sebastian
included the right to seek dispute resolution procedures. Fellsmere had initially wanted to
remove the mediation procedures; however, they have agreed to Sebastian's version of the
Agreement, which the Board is being asked to approve today (July 15, 2008), and which retains
the dispute resolution procedures.
July 15, 2008 7
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Stand Down Agreement, and authorized the
Chairman to execute same, as recommended in the
memorandum of July 7, 2008.
8.G. PROCLAMATIONAND RETIREMENT A WARD HONORING JOSEPH
LOWTHER ONHISRETIREMENT FROMINDIANRIVER COUNTYBOARD
OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY
SERVICES FIRE RESCUE WITH 2F) YEARS SERVICE
The Board noted, for the record, the Proclamation honoring Joseph Lowther.
8.H. AWARD OF BID # 2008029. POWERLINE ROAD — IRC PROJECT NO.
0217
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the contract be awarded to J.W. Cheatham, LLC, in the
amount of $648,869.41, as recommended in the
memorandum of July 3, 2008.
July 15, 2008 8
8.1, APPROVAL OF BID A WARD FOR IRC BID No. 2008056. FURNISH ONE
(1) CuSHION TIRE FORKLIFT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Bid Award to the second lowest bidder, United
Rentals, Inc., as the lowest most responsive and
responsible bidder, meeting the specifications as set forth
in the Invitation to Bid, as recommended in the
memorandum of July 1, 2008. Staff's recommendation is
based on the following: (1) the lowest bidder did not meet
bid specifications; (2) the difference between the two (2)
lowest bids is only $79.00; and, (3) the lowest bidder is a
local company whereas the low bidder is located out of
state.
8.1 APPROVAL OFBIDAWARD FOR IRCBID No. 2008064 INSTALLATION
AND ELECTRICAL TIE IN OF FIVE (5) GENERATORS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously (1)
approved 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, and
with the approval to pull the additional funds from the
Operating Budget; (2) approved the Sample Agreement
and authorized the Chairman to execute same after the
July 15, 2008 9
required performance and payment bonds, along with the
appropriate Certificate of Insurance, have been received
and once the County Attorney has approved the
Agreement as to form and legal sufficiency, as
recommended in the memorandum of July 9, 2008.
8.K. APPROVAL OFBID AWARD FOR IRC BID NO. 2008066 PORTABLE
FLOW METERS AND THICKNESS GA UGE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) the Bid Award to Fluid Conservation Systems, Inc., as
the lowest most responsive and responsible bidder,
meeting the specifications as set forth in the Invitation to
Bid; and (2) the issuance of a Purchase Order after receipt
of the appropriate Certificate of Insurance, as
recommended in the memorandum of July 9, 2008.
8.L. APPROVAL OFBID AWARD FOR IRCBID NO.2008O67DEMOLITION
OF SIX (6) CONDEMNED STRUCTURES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) the Bid Award to The Clearing Company, LLC, as the
lowest most responsive and responsible bidder, meeting
the specifications as set forth in the Invitation to Bid; and
(2) the issuance of a Purchase Order after receipt of the
July 15, 2008 10
appropriate Certificate of Insurance, as recommended in
the memorandum of July 8, 2008.
8.M. MEMORIAL PLAOUE
Commissioner Flescher explained that the memorial plaque would be placed at
Golden Sands Beach Park, in honor of Robert (Bob) Woyshner (aka Bob "Bear Woyshner"), for
over 35 years of service as an Ocean Rescue Lifeguard. Mr. Woyshner's colleagues were
requesting that the County pay for the cost of the memorial plaque, and they would be taking
donations to cover the remaining cost of the base (for a total cost of $485.00). Commissioner
Flescher felt that the County should pay the entire cost of both the plaque and the base. He also
wanted to see if the Ocean Lifeguards would consider placing the memorial on the County
Administration Grounds for greater public visibility.
MOTION WAS MADE by Commissioner Flescher, for
discussion, to add the cost of the base to the cost of the
memorial plaque, so that the County would cover the
entire cost of the memorial to Robert Woyshner. THERE
WAS NO SECOND.
Vice Chairman Davis suggested that each Commissioner personally contribute
$50.00 to cover the costs of the plaque and the base.
Commissioner Wheeler agreed; however, he felt that the best place for the
memorial would be at Golden Sands Beach Park.
July 15, 2008 11
John Frazier, Ocean Rescue Lifeguard Captain, described how the memorial
would be secured to the new boardwalk for security. He conveyed the wish of the Ocean
Lifeguards for the memorial to be placed at Golden Sands Beach, where Mr. Woyshner had
spent most of his time.
Each Commissioner agreed to the $50.00 contribution to the memorial plaque;
however, Administrator Baird interjected that the County's precedent has been to pay the entire
cost for this type of item.
Although Chairman Bowden would be happy for each Commissioner to contribute
to the plaque, she did not want to establish such a policy. She felt that the Board should follow
the County's policy, if this has been done before for others — it should also be done now.
Commissioner Flescher and Captain Frazier briefly discussed "passing the hat" to
establish a scholarship or similar memorial fund. The Board members decided that they would
make their personal contributions to the scholarship fund, and have the County purchase the
entire memorial.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Commissioner O'Bryan, to have the
County pay the complete costs pertaining to the plaque
and the base for the memorial for Bob "Bear" Woyshner;
and to afford the Commissioners the opportunity to
contribute to the scholarship fund.
Commissioner O'Bryan commended the Ocean Rescue Lifeguards for organizing a
wonderful "paddle -out" memorial ceremony in honor of Mr. Woyshner.
July 15, 2008 12
The Chairman CALLED THE QUESTION. The Board
unanimously: (1) authorized staff to place the memorial
plaque for Robert Woyshner in Golden Sands Park; and
(2) approved for the County to pay the total expenditure of
the plaque and the base, for Mr. Woyshner's memorial.
8.N. ACCEPTANCE OF EMERGENCYMANAGEMENT PERFORMANCE GRANT
FUNDING AND APPROVAL OF EXPENDITURES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) the funding provided by the Emergency Management
Performance Grant (EMPG) and the expenditures to be
funded from the Emergency Management Performance
Grant, the Emergency Management Preparedness
Agreement, and the Hazardous Materials Grant; and (2)
authorized Emergency Services Director John King to
execute documents associated with the EMPG, and to
make adjustments to the appropriated grant dollars in the
categories of requested spending as needed, as
recommended in the memorandum of June 30, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 15, 2008 13
8.0. FEDERAL FISCAL YEAR 2008 ED wARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Substance Abuse Council Advisory Board's
recommendations and authorized the Chairman to execute
the Approval Letter and the Grant Applications and other
necessary related documents for submittal to the State
prior to the deadline of Friday, July 25, 2008, as
recommended in the memorandum of July 9, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.P. APPROVAL TO PURCHASE 9I1 RECORDING EQUIPMENT FROMREPLAY
SYSTEMS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the sole source purchase of the 24 channel RACAL
recorder and the purchase of the eight -port analog
interface card with licenses from Replay Systems to
include installation in the amount of $32,637.00, as
recommended in the memorandum of July 7, 2008.
DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 15, 2008 14
8.0. FLORIDA POWER AND LIGHT (FPL) AGREEMENT TO INSTALL
ADDITIONAL STREET LIGHTS IN THE WA BASSO STREET LIGHTING
DISTRICT
This item was deleted from the Agenda.
8.R. FLORIDA POWER AND LIGHT (FPL) AGREEMENT TO INSTALL
ADDITIONAL STREET LIGHTS IN THE GIFFORD STREET LIGHTING
DISTRICT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the County Administrator to sign the Florida
Power and Light (FPL) Street Lighting Agreement,
thereby authorizing FPL to proceed with the installation of
street lights in the Gifford area, as recommended in the
memorandum of July 2, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. WORK ORDER NO. S (ENGINEERING/SURVEYING) CARTER
ASSOCIATES, ING FULL & FINAL PAY. OLD DIXIE HIGHWAYSTUDY
FROMCR512 TO USHIGHWAYNo. I
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
July 15, 2008 15
payment of Invoice No. 08204-1, dated June 6, 2008, in
the amount of $15,000.00 for full and final payment of
Work Order No. 5 to Carter Associates, Inc., as
recommended in the memorandum of July 2, 2008.
8.T. WORK ORDER NO. 12 (ENGINEERING/SURVEYING) FULL & FINAL
PAY. CARTER ASSOCIATES, INC. -ADDITIONAL SERVICES, OLD DIXIE
HIGHWAYSTUDYFROMCR512 TO USHIGHWAYNo. I
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Carter Associates, Inc. Invoice No. 08204-2,
dated July 1, 2008, in the amount of $6,733.75 for full and
final payment of Work Order No. 12, as recommended in
the memorandum of July 2, 2008.
8.U. INDIAN RIVER DRIVE, PHASE ONE AND TWO, RIGHT-OF-WAYMAP
APPROVAL
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Indian River Drive Right -of -Way Maps (Phase One
and Two) and authorized the Chairman to execute the
maps as an official depiction of said corridor, as
recommended in the memorandum of July 1, 2008.
July 15, 2008 16
8.V. CONSIDERATION OF STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) PROGRAMAND U.S. DEPARTMENT OFHOUSINGAND URBAN
DEVELOPMENT HOME PROGRAM FUNDS SET-ASIDE FOR HABITAT
FOR HUMANITY CLIENTS FOR FY 2008 - 2009
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
to set aside $549,211.30 of FY 2008/2009 SHIP funds and
$145,714.70 of HOME funds for Habitat For Humanity to
be used for down payment/closing cost and impact fee
loan assistance for Habitat for Humanity (HFH) clients, as
recommended in the memorandum of July 7, 2008.
8. W. JOHNAND NANCYLAVISKA'S REOUEST FOR PARTIAL RELEASE OFAN
EASEMENT AT 13255 OLD DIXIE HIGHWAY (LOT 8, JEAN'S UNIT,
INDIANRIVER TWINESTATES)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-104, releasing a portion of an easement
on Lot 8, Jean's Unit, Indian River Twin Estates.
8.X. APPROVAL TO PURCHASE M/A-COMFX SOFTWARE SERVICES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously
July 15, 2008 17
authorized the tag -on purchase of FX Software Services
from M/A-COM, Inc., as recommended in the
memorandum of July 8, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.Y. DERELICT VESSEL REMOVAL, CONSTRUCTION CONTRACT ABSOL UTE
MARINE TOWING AND SALVAGE, INC
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved the Privity Agreement with Absolute Marine
Towing and Salvage, Inc., in the amount of $37,920.00
(and is eligible for $18,960.00 or 50% cost sharing with
Florida Inland Navigation District [FIND]); and (2)
waived the requirement for payment and performance
bonds, as recommended in the memorandum of July 8,
11:
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.Z. PROVIDING CONSTR UCTION MA TERIALS TESTING SER VICES FOR
POWERLINE ROAD IMPROVEMENTS, IRCPROJECT #0217
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 5, authorizing Professional Geotechnical
July 15, 2008 18
Services with Dunkelberger Engineering & Testing, Inc.,
as outlined in the Scope of Services; and authorized the
Chairman to execute same, for a fee not -to -exceed
$13,704.00, as recommended in the memorandum of July
8, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. JEFFREYK. BARTON, CLERK OF CIRCUIT COURT.
JIM RIZZO, SENIOR ACTUARY FROM GABRIEL ROEDER SMITH &
COMPANY (GRS), IS HERE TO REVIEW THE OPEB (OTHER POST
EMPLOYMENT BENEFITS) REPORT AND OUR OBLIGATION TO
ACCOUNT FOR THESE BENEFITS. HE HAS A SHORT POWER POINT
SLIDE PRESENTATION AND WILL BE AVAILABLE TO ANSWER
OUESTIONS
Clerk of the Circuit Court Jeffrey K. Barton recalled the Board's approval, in July
2007, of a contract with Gabriel Roeder Smith & Company (GRS) to complete an actuarial study
for OPEB (Other Post -Employment Benefits), which is also known as Statement No. 45 of the
GASB (Government Accounting Standards Board), and which pertains to post -employment
benefit costs. Mr. Barton divulged that the Constitutional Officers, Clerk of the Court staff, and
County Budget Director, Jason Brown, had gathered the necessary information for the actuarial
study to be done.
July 15, 2008 19
James J. Rizzo, Senior Consultant & Actuary from GRS, explained that the
Government Accounting Standards Board requires the County to measure and incorporate into
the County's financial statements, the long-term costs for subsidies provided to retiring
employees. Through a PowerPoint Presentation (copy on file) , he detailed the retirement
benefits which are available to current and future retirees; discussed the wisdom of letting
current and new retirees know about the Medicare Advantage Plan; and provided a comparison
of the actuarial values for non-prefunded and pre -funded subsidies. Mr. Rizzo encouraged the
Board to establish an OPEB trust to pre -fund the long-term obligations of the retiree benefits
plan.
Discussion ensued as the Board, staff, and Mr. Rizzo made observations about the
establishment of a Trust Fund, and the appointment of trustees and what their functions would
be.
Director Brown reported that between July 15, 2008 and September 30, 2008, the
Budget Director would be returning with a Trust Agreement for Board approval.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Other Post -Employment Benefits (OPEB) Actuarial
Report as of October 1, 2007, as presented on pages 262
through 307 of the backup.
July 15, 2008 20
10. PUBLIC ITEMS
10.A. PUBLICHEARING
10.A.1. CONSIDERATION OF AN APPLICA TION FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR A CLASS El CERTIFICATE FOR
CONSULATE HEALTH CARE OF VERO BEACH
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Brian Burkeen, Assistant Chief, Fire Rescue, through a recap of the memorandum
of June 16, 2008, provided background history on Consulate Health Care of Vero Beach's
request to provide Wheelchair services to transport its residents. He then presented staff's
recommendation that Consulate Health Care of Vero Beach be granted a Class E1 Certificate of
Public Convenience and Necessity (COPCN).
The Chairman opened the public hearing. Seeing no one, the Chairman closed the
public hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved that a class "El" Certificate be issued to
Consulate Health Care of Vero Beach, to be effective from
July 15, 2008, and expiring July 15, 2010, as
recommended in the memorandum of June 16, 2008.
July 15, 2008 21
The Chairman called a break at 10:24 and reconvened the meeting at 10:41 a.m.
with all members present.
10.B. PUBLIC DISCUSSIONITEMS
10.8.1. REQUEST TO SPEAK FROM VINCE DETURIS REGARDING ELECTRIC
UTILITYREFERENDUM
Vince DeTuris, 595 Reef Road, recalled that in May 2008, Dr. Stephen Faherty
had addressed the Board regarding issues with the City of Vero Beach's Electric Utilities. He
stated that the citizens in Indian River Shores and the unincorporated City Limits are paying
higher costs for City Electric, but are not receiving representation. Through his report (copy on
file), Mr. DeTuris updated the Board on the events that have occurred since Dr. Faherty's
presentation, and provided details on the upcoming November 4th Referendum for City Electric
Utility customers, regarding the creation of a separate Electric Utility Authority (expected to be
with the Orlando Utility Commission). If the Referendum passes, the City must appoint
representatives of all Electric Utility customers, to create a Utility Charter which must be
presented to the State Legislature by January 2009. Mr. DeTuris urged Board support of the
Referendum, and asked the Board to authorize County staff to arrange with the City of Vero
Beach for the use of its mailing list for communications with City Electric customers.
Chairman Bowden thanked Mr. DeTuris for his efforts.
Dr. Stephen Faherty reported that a proposed Resolution, pertaining to the
benefits of the Referendum for the County and its citizens, had been sent to Administrator Baird
and Budget Director Brown and was currently being re -drafted by County legal staff, for
presentation at an August 2008 BCC Meeting.
July 15, 2008 22
No Board action required or taken.
10.B.2. REQUEST TO SPEAK FROM SEBASTIAN SOCCER ASSOCIATION
REGARDING NORTH COUNTYPARK LIGHTING
Cory Richter, President, Sebastian Soccer Association, presented slides depicting
the growth of the soccer fields from inception to the present time. He provided background
history of the Soccer Association; discussed its mission and benefits to the County's youth; and
provided details on the current program as well as its plans for future growth. He discussed the
need for lighting at the soccer complex at the North County Park, and thereafter asked the Board
to grant the Soccer Association's request for the lights.
Administrator Baird commented that the Soccer Association was an example of the
type of private/public partnership that the County looks for in Recreation, and he would like to
look at County funding for the lights at a future time. Right now, there are already projects in
the Comprehensive Plan which have been postponed, and which must be done before new
projects are undertaken.
Discussion ensued, as the worthiness of the Soccer Association was affirmed by
the Board, which desired to have staff come back with an account of how the Park Impact Fees
are being spent, to see if funding for the lighting can be found.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Flescher, for discussion,
to have staff come back with a reprioritization of Park
Impact Fee dollars, with an emphasis on finding the
funding for the lighting at the North County Park.
July 15, 2008 23
Commissioner Flescher noted that there is new cost-effective "green" lighting
available.
County Budget Director Jason Brown confirmed with Mr. Richter that the County
would not be asked to fund the operating costs of the lights.
The Chairman CALLED THE QUESTION. The Board
unanimously approved having staff return with a
reprioritization of Park Impact Fee dollars, such that the
necessary funding for the lights requested by the Sebastian
Soccer Association, at the North County Park, could be
found.
10.B.3. REOUEST TO SPEAK FROM REBECCA STARR OF REBECCA STARR
DESIGNS REGARDING SOSS NORTHAIA, SUITE B
Ms. Starr was not present.
10.C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR'S MATTERS -NONE
July 15, 2008 24
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A. 1. CONSIDERATION OFIMPACT FEE CONSULTANT CONTRACT
MODIFICATION
Community Development Director Robert Keating recapped the backup
memorandum dated July 7, 2008, to provide an update on the July 2007 Duncan Associates
Impact Fee Study, which has not yet received Board approval. At this time, Duncan Associates
has expended the money allotted for the Study; however they (Duncan) would like to return, with
Traffic Engineering Consultant, Leftwich and Associates, to address the concerns raised by the
Board at the May 9, 2008 Workshop Meeting. Director Keating asked the Board to concur with
Duncan's selection of the traffic engineer, Leftwich and Associates; and to approve staff's
recommendation to authorize the $11,500.00 expenditure for additional Impact Fee Study work;
to allow staff to extend Duncan Associates' Contract; and to allow staff to schedule a Workshop
meeting wherein Duncan Associates and the traffic engineer make presentations.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, for discussion,
to approve staff's recommendation.
Commissioner Wheeler aired concerns generated by a negative e-mail (copy on
file) regarding the Duncan Associates Study, which the Commissioners had received from Nancy
Offutt, of the Treasure Coast Builders Association (TCBA). The e-mail suggested that the
Duncan Report was flawed and obsolete, and also offered suggestions regarding the impact fees.
Administrator Baird voiced that he was not in agreement with the e-mail, or with
the Impact Fee Report which had been generated by the Treasure Coast Builders Association.
July 15, 2008 25
He also stated that staff was addressing the Board's concerns regarding high commercial impact
fees by bringing in a traffic engineer.
Vice Chairman Davis wanted to find a traffic engineer whom all parties could
agree to, and then move forward.
Director Keating remarked that out of the $11,500.00 which was being requested
to continue the Impact Fee Study, $7,500.00 would be for the traffic engineer and $4,000.00
would be for Duncan Associates. He pointed out that the traffic engineer would be presenting
detailed information regarding trip concurrency.
Board discussion ensued as the Commissioners agreed to the importance of
obtaining a traffic engineer independent of Duncan Associates; and as they aired some of their
concerns relative to the impact fees, especially the methods for calculating trip generation.
Nancy Offutt, Treasure Coast Builders Association, supported the Board's paying
for the traffic engineer independently of Duncan Associates, and she commented on the impact
fee suggestions which she had e-mailed to the Commissioners.
Vice Chairman Davis felt that having an independent consultant evaluate the
traffic impact fees would alleviate suspicion.
Administrator Baird informed the Board that the traffic engineer's fee could be
separated from the Duncan Associates' fee, such that the traffic consultant would be working
directly for the County.
Director Keating conveyed that the Board would still want to have the Duncan
Associates consultant present to answer questions at the Workshop Meeting.
July 15, 2008 26
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to approve
staff's recommendation with the following change: to
separate the $11,500.00 expenditure for additional Impact
Fee Study work into two separate contracts: (1) $7,500.00
for the Traffic Engineering Consultant, Leftwich and
Associates, and (2) $4,000.00 for the Impact Fee Study
Consultant, Duncan Associates.
The Chairman CALLED THE QUESTION and the
Motion, as amended, carried unanimously. The Board
approved the expenditure of $11,500.00 for additional
Impact Fee Study work, with one contract for $7,500.00 to
provide for the attendance of the Traffic Engineering
Consultant, Leftwich and Associates at a Workshop
Meeting; and one contract for $4,000.00 to provide for the
attendance of the Impact Fee Consultant, Duncan
Associates, at a Workshop Meeting.
Director Keating conveyed that staff would coordinate with the Commissioner
Assistants to find an appropriate date for the Workshop Meeting, which would likely be held in
September 2008.
12A EMERGENCYSER vim NONE
12. C. GENERAL SERVICES -NONE
July 15, 2008 27
12.D. HUMANRESOURCE-NONE
12.E. HUMAN SER vICES--NONE
12.F. LEISURE SERVICES -NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.L PUBLIC WORKS -NONE
12.J. UTILITIES SERVICES
12.J.1. COUNTRYSIDE MOBILE HOME PARK EMERGENCY WATER
INTERCONNECT
Utilities Director Erik Olson explained that this was a request to enter into an
agreement with Countryside Mobile Home Park for an emergency water connection.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Emergency Water Interconnect Agreement
with Countryside Mobile Home Park (MHC) as presented,
and authorized the Chairman to execute same, as
recommended in the memorandum of July 8, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 15, 2008 28
1212. GRAND HARBOR SPOONBILL MARSH — BASELINE SAMPLING AND
MONITORING
Utilities Director Erik Olson reported that the Florida Department of
Environmental Protection (FDEP) is requiring a certain amount of baseline sampling as part of
the Spoonbill Marsh Project, and staff wants to have an independent testing process done, which
would withstand scrutiny. Director Olson thereafter presented staff's recommendation to use
Florida Atlantic University (FAU) at Harbor Branch laboratories, for the sampling and
monitoring relative to the Grand Harbor Spoonbill Marsh Site.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, for discussion,
to approve staff's recommendation.
Director Olson responded affirmatively to Commissioner O'Bryan's inquiry
regarding whether the environmental people (who were involved with the Spoonbill Marsh
Project), were satisfied with Florida Atlantic University's bid proposal.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved: (1) the proposal for
benthic invertebrate assessment and monitoring at Spoonbill
Marsh; (2) authorized the purchase of services with the Florida
Atlantic University, c/o Harbor Branch, Ft. Pierce, FL; and (3)
authorized the Chairman to execute the proposed Scope of
Work, as presented and recommended in the memorandum of
July 1, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 15, 2008 29
12..1.3. PRICE INCREASE FOR SULPHURICACID AND ZINC ORTHO PHOSPHATE
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously
accepted the changes to the prices from the County's
current suppliers for Sulfuric Acid and Zinc
Orthophosphate, as recommended in the memorandum of
July 2, 2008.
12. J. 4. CHANGE ORDER NO. 4 TO IRC CONTRACT 2006012 WITHPOOLEAND
KENT COMPANY OF FLORIDA, INC. FOR THE EXPANSION OF THE
NORTHRO PLANT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 4 to IRC Contract 2006012 with Poole
and Kent Company of Florida, Inc., to increase the
contract in the amount of $61,936.00, as recommended in
the memorandum of June 30, 2008.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 15, 2008 30
12.15. DEVELOPER'S AGREEMENT BETWEEN GRAND HARBOR LLCAND
INDIANRIVER COUNTY FOR PLACEMENT OF FILL FROM SPOONBILL
MARSH SITE
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Vice Chairman Davis, for discussion, to
approve staff's recommendation.
Jens Tripson suggested that the Board convey to Grand Harbor that the type of fill
being excavated from Spoonbill Marsh would not be usable for landscape berms, pursuant to
County Ordinance.
Director Olson clarified that Grand Harbor was not purchasing the material; the
County would be using it to store the excavated material.
The Chairman CALLED THE QUESTION. The Board
unanimously approved and authorized the Chairman to
execute: (1) the Developer's Agreement with Grand
Harbor, LLC; and (2) the proposal from Sawmill Ridge
Trucking, for the total amount of $100,000.00, as
recommended in the memorandum of July 9, 2008.
DEVELOPER'S AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 15, 2008 31
13. COUNTY ATTORNEY MATTERS
B.A. ORGANIZATIONAL MEETING OF THE VALUE ADJUSTMENT BOARD AND
RESOL UTIONAPPOINTING VAL UE ADJUSTMENT BOARD MEMBERS
AND PROVIDING FOR OR REJECTING PER DIEM COMPENSATION FOR
VALUE ADJUSTMENT BOARD
County Attorney William Collins recapped the backup memorandum of July 9,
2008, regarding the changes which will occur in the composition of the Value Adjustment Board
(VAB). Currently, three Commissioners must be appointed to the Board, but as of September 1,
2008, one Commissioner will be replaced with a Citizen appointee, to be selected at the August
19, 2008 BCC meeting. Applications for the Citizen Appointee position may be obtained at the
County's website, and submitted by August 12, 2008. Attorney Collins noted that prior to that
time, there would be a Value Adjustment Board (VAB) Organizational Meeting. He
recommended appointing Commissioners Flescher and O'Bryan (who are not standing for re-
election), and selecting the third appointee, who will serve until September 1St, from the
remaining Commissioners.
Attorney Collins reported that Legal staff has prepared two separate draft
Resolutions: one to accept per diem compensation; the other to reject per diem compensation, as
has been done in the past.
Discussion ensued between staff and the Board regarding whether rejection of the
per diem provision would affect both the Commissioners and the Citizen Appointee. After
learning that the per diem provision would apply to all VAB members, the Board's Consensus
was to approve the Resolution 2rantina the per diem compensation. It was noted that doing so
would allow the Citizen Appointee to be reimbursed for his/her costs, but would not obligate the
Commissioners to request or accept compensation.
July 15, 2008 32
Vice Chairman Davis volunteered to be the third Board appointee.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously: (1)
approved the appointment of Commissioners Flescher and
O'Bryan to the 2008 Value Adjustment Board (VAB); (2)
approved the appointment of Vice Chairman Davis to
serve from July 24, 2008 until September 1, 2008, when
he would be replaced by the citizen member of VAB (to
be appointed August 19, 2008), and when Vice Chairman
Davis would then become the alternate member of VAB,
as recommended in the memorandum of July 9, 2008; and
(3) approved Resolution 2008-105, appointing the 2008
Value Adjustment Board members, and accepting
statutory per diem compensation.
13.B. APPOINTMENT OF "A TLARGE" MEMBERS TO ADVISORY COMMITTEES
Deputy County Attorney William DeBraal recalled that in July 2008, the County
Attorney's office was directed to prepare a method for selecting "at large" advisory committee
members. Recapping his backup memorandum of July 9, 2008, he discussed publicizing
committee vacancies through placement on the Board's regular BCC meeting agendas. The
Board could, at a subsequent meeting, submit the names of interested candidates, and decide
with whom to fill the committee vacancies. Attorney DeBraal thereafter asked the Board to
approve setting forth the selection process for "at large" committee appointees in a Resolution,
which he would prepare and bring back for approval.
July 15, 2008 33
Vice Chairman Davis felt that this would be a good general rule, but he would like
the option to be able to expedite the selection process, should it become necessary.
general rule.
Commissioner Wheeler suggested using a supermajority (4-1) vote to override the
Chairman Bowden wanted to ensure that the Board had sufficient time to learn
about the applicants prior to making a selection.
Commissioner Flescher suggested that a time -frame of two weeks would likely not
delay any major business.
Deputy Attorney DeBraal assured the Board that language to override any set time
provision, by a supermajority vote, could be included in the Resolution. Relative to Chairman
Bowden's concerns regarding time, the Resolution could include language that fourteen (14)
days shall pass before any votes can be taken by the Commission, unless the supermajority
overrides it.
Commissioner O'Bryan's concern was that having the applicants' qualifications
discussed publicly at a Board meeting might deter some of the interested citizens; however,
Chairman Bowden disagreed.
ON MOTION BY Vice Chairman Davis, SECONDED
BY Commissioner Wheeler, the Board, by a 4-1 vote
(Commissioner O'Bryan opposed) directed the Deputy
County Attorney to draft a Resolution for committee
vacancies which are filled by the appointment of "at large"
members, to be publicized on the Board of County
July 15, 2008 34
Commission Meeting Agendas; to provide for two weeks
for Board consideration of the applicants; and to include a
provision for overriding the mandates of the Resolution by
a supermajority vote if the Board deems it necessary to
immediately appoint a member to an advisory committee.
13.0 APPROVAL OF MEDIATED SETTLEMENT AGREEMENT FOR PURCHASE
OF PROPERTYLOCATED AT 4705 66THAVENUE
(Clerk's Note: This item was heard immediately following Item 4. and is placed
here for continuity).
Deputy County Attorney William DeBraal explained that this matter involved the
purchase of property at 4705 66th Avenue. He invited private Counsel Anthony Policastro
(Eminent Domain Specialist) to report on the Mediated Settlement Agreement reached with the
property owner, Mr. Woodrow Dawsey.
Anthony Policastro, Esquire, reviewed the history of this item and discussed the
details of the Mediated Settlement Agreement reached with Mr. Dawsey. Through an aerial
slide, he depicted the subject property, and detailed what was included in the area of taking. He
revealed that Mr. Dawsey had requested that the County purchase the entire three -acre property,
rather than the 1.02 acres of property which was originally targeted for right-of-way acquisition.
Attorney Policastro conveyed that after a lengthy mediation process, Mr. Dawsey and the County
had agreed upon a purchase price of $465,000.00 (for the 3 acres), and he asked for Board
approval of the Agreement.
July 15, 2008 35
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Pre -litigation Mediated Settlement
Agreement with Woodrow Dawsey, for purchase of
property at 4705 66th Avenue, as recommended in the
memorandum of July 9, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER SANDRA L. BOWDEN• CHAIRMAN
14.A.1. 0VER VIE W OF WORKFORCE DEVELOPMENT BOARD
Clerk's Note: This item was heard prior to Item 6. and is placed here for
continuity.
Gwenda L. Thompson, President and CEO of the Workforce Development
Board, presented a report and a PowerPoint presentation (copies on file) on the role of the
Workforce Development Board, as it relates to the work done by Penny Chandler (Vero Beach
Chamber of Commerce) and Helene Casteline (Economic Development Council) to recruit and
retain local businesses. She provided details on the services, tools, and incentives offered to
employers by the Workforce Development Board.
14. B. COMMISSIONER WESLEY S. DA VIS, VICE CHAIRMAN -NONE
14. C. COMMISSIONER JOSEPH E. FLESCHER-NONE
July 15, 2008 36
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
The Chairman announced that immediately upon adjournment of the regular BCC
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.
15.A.1. DELEGATION OF A UTHORITY TO SIGN DOMESTIC SECURITY
DOCUMENTS
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.
1 S. B.1. APPROVAL OF MINUTES OF REGULAR MEETING OF .JUNE 3. 2008
15.B.2. APPROVAL OFMINUTES OF REGULAR MEETING OF JUNE 10, 2008
July 15, 2008 37
K 132 b@ 02e
1 S. B.3. NEGOTIATION SUMMAR Y WITH FRANCHISED WASTE HA ULERS
15.B.4. APPROVAL OFBID AWARD FOR IRCBID NO. 2008047. 40 CU YD
OPEN TOP ROLL -OFF CONTAINERS REFUSE DISPOSAL
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
11:46 a.m.
ATTEST:
Jeffrey %. carton, Clerk Sandra L. Bowden, Chairman
Minutes Approved: SEP - 9 2008
BCC/MG/2008Minutes
July 15, 2008
38
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