HomeMy WebLinkAbout08/12/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF AUGUST 12, 2008
1. CALL TO ORDER.........................................................................................1
2. INVOCATION................................................................................................1
3. PLEDGE OF ALLEGIANCE.......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS-NONE.................................................................................................2
5. PROCLAMATIONS AND PRESENTATIONS........................................2
S.A. DIAMONDR. LITTY, PUBLICDEFENDER, 19TH CIRCUITPUBLICDEFENDER'S
OFFICE....... .... .... ........ ........ ........ .... .... ........ .... ............ .... .... ........ ................ .... .... ........ ... 2
5.B. PRESENTATION OFPROCLAMATIONDESIGNATING THE MONTH OFAUGUST
2008 AS CIGARETTE LITTER PREVENTIONMONTH.....................................................2
6. APPROVAL OF MINUTES.........................................................................2
6A.
REGULAR MEETING OF JUNE 10, 2008........................................................................2
6B.
REGULAR MEETING OF JUNE 17, 2008........................................................................3
6C
SPECIAL CALL JOINT MEETING OF.IUNE 19,2008 -INTERLOCAL
AGREEMENT/ISBA.......................................................................................................3
6D.
REGULAR MEETING OF JULY 1, 2008..........................................................................4
6E.
REGULAR MEETING OF JULY 8, 2008...........................................................................4
1
August 12, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION ..................4
7.A. MEMBER AT-LARGEAPPOINTEE VACANCYONLANDACQUISITIONADVISORY
COMMITTEE................................................................................................................... S
7B. SEBASTmNRIVER AREA CHAMBER OF COMMERCEAPPOINTMENT TO THE
ECONOMICDEVELOPMENT COUNCIL.......................................................................... S
7 C 2008 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT COMMITTEE
CHAIRMANAND VICE CHAIRMAN................................................................................ S
71). 2008 ELECTION OFAFFORDABLE HOUSINGADVISORY COMMITTEE (AHAC)
CHAIRMANAND VICE CHAIRMAN................................................................................ S
7.E. RESIGNATION OF BUSINESS INENTERPRISE ZONE APPOINTEE TO ENTERPRISE
ZONE DEVELOPMENT AGENCY..................................................................................... 6
8. CONSENT AGENDA.....................................................................................6
8.A. DORI SLOSBERGDRIVER EDUCATIONSAFETYACT, INDIANRIVER COUNTY
TRAFFICEDUCATIONPROGRAM TRUST FUND............................................................ 6
8.B.
INCREASE CAPITALIZATION THRESHOLD FOR CAPITAL ASSETS ................................ 7
8.0
INDIANRIVER COUNTYINVESTMENTADVISORY COMMITTEE, QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 6/30/08 ....................................... 7
8.D.
APPROVAL OF WARRANTS—JULY3, 2008 THRU JULY10, 2008 .................................7
8.E.
APPROVAL OF WARRANTS—JULY11, 2008 THRUJULYI7, 2008 ...............................8
8.E
APPROVAL OF WARRANTS—JULY 18, 2008 THRUJULY24, 2008 ...............................8
8.G.
APPROVAL OF WARRANTS—JULY25, 2008 THRUJULY31, 2008 ...............................8
8.11.
APPROVAL OFBIDAWARD FORIRCBID #2005051IRCANIMAL CONTROL
CASE MANAGEMENT SOFTWARE.................................................................................. 9
8.1, APPROVAL OF RENEWAL OF THE 800 MHz COMMUNICATIONS SYSTEM
INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS
INTERNATIONAL, INC.................................................................................................... 9
8.J. WORK ORDER NO.11 (ENGINEERING/SURVEY FULL & FINAL PAY, CR510 &
US HIGHWAYNO. I INTERSECTIONIMPROVEMENTS PROJECT RIGHT-OF-WAY
& LAND ACQUISITION "ELDELL: PARCEL BOUNDARYSURVEY, CARTER
2
August 12, 2008
8.K EAGLE TRACESUBDIVISION-PHASE2-PROJECT #0813,DUNKELBERGER
ENGINEERING & TESTING, INC., WORK ORDER #4 - RELEASE OF RETAINAGE
& FINAL PAY...............................................................................................................10
8.L. MISCELLANEOUSBUDGETAMENDMENT 017............................................................10
8.M. RESOLUTIONREQUESTINGASSISTANCE FROMSTATE OFFLORIDA BEACH
EROSION CONTROL PROGRAM....................................................................................11
8.N. LOCAL OPTIONGAS TAXDISTRIBUTIONPERCENTAGES...........................................11
8.0. APPROVALOFBIDAWARDFORIRCBIDN0.2008058,DEMOLITIONOFFIVE
(5) CONDEMNED STRUCTURES...................................................................................11
8.P. APPROVAL OFRENEWAL FORA CLASS "A"CERTIFICATE OFPUBLIC
CONVENIENCE AND NECESSITYFOR INDIANRIVER COUNTYDEPARTMENT OF
EMERGENCY SER VICES...............................................................................................12
8.Q. RATIFICATION OF DOCUMENTS EXECUTED BY THE COUNTYADMINISTRATOR
OR DESIGNEE, ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS,
UNDER A UTHORITY OF RESOL UTION NO.2008-096, BETWEEN JULY 16, 2008,
ANDAUGUSTH, 2008.................................................................................................12
8.R. PETER R. TYSONAND JEANNE MYERS TYSON'S REQUEST FOR RELEASE OFAN
EASEMENT AT 2105 ISLAND DRIVE (LOT 12, REPLAT OF ST. CHRISTOPHER
HARBOR
..13
8.S. UPDATED INVESTMENT POLICY- TWO MINOR CHANGES........................................13
8.T CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510 FROM
61 ST DRIVE TO SHORE LANE - AMENDMENT NO.4...................................................13
8.U. CR 512 PHASEIV IRCPROJECTNO.9611B, BID NUMBER 2008012, CHANGE
ORDERNo.1...............................................................................................................14
8.V. RESOLUTION CANCELLING TAXES ONPROPERTYACQUIRED BY THE CITY OF
FELLSMERE FOR ALTERNATE ACCESS TO FELLSMERE TRAILHEAD PRESERVE ...... 14
8.W. SCRIVENER'SERROR INRESOLUTIONNO. 90-160 ....................................................15
8.X. DEDICATION OF SUBMERGED LANDS LOCATED IN PORPOISE BAY, UNIT 3,
MOORINGS SUBDIVISION............................................................................................15
3
August 12, 2008
8.Y RESOLUTION FOR APPOINTMENT OF "ATLARGE"MEMBERS TO ADVISORY
COMMITTEES.. . ... . .. . . ... . ... . ... . ... . ... . ... . ... . .. . . ... . ... . ... . ... . ... . ... . ... . .. . . ... . ... . ... . ... . ... . ... . ... . .. . . ... .15
8.Z. RELEASE OF RETAINAGE AND FINAL PAYMENT TO S.P.S. CONTRACTING, INC.
CR510 FORCEMAINREPLACEMENT UCP -2871 ......................................................16
8.AA. WORK ORDER NO. 4 FOR PROFESSIONAL SERVICES WITH G.K.
ENVIRONMENTAL, INC. FOR CR510 FROM 61 ST DRIVE TO SHORE LANE .................16
S.M. APPROVAL OF LEASE WITHBOYSAND GIRLS CLUB OFINDL4NRIVER COUNTY,
INC. FOR COUNTYPROPERTYONI7THAVENUE.........................................................17
8. CC. THE MOORINGS CLUB REQUEST FOR COUNTY25% COST SHARE TO
CONSTRUCT HARBOUR DRIVE SIDEWALK..................................................................17
8.DD.APPROVAL OFRENEWAL FORA CLASSEI CERTIFICATE OFPUBLIC
CONVENIENCE AND NECESSITY FOR THE PLACE AT VERO BEACH, INC. TO
PROVIDE NON -EMERGENCY WHEELCHAIR SERVICES..............................................17
8.EE. ADDEND UMNo. I TO THE PROFESSIONAL ENGINEERINGAGREEMENT WITH
MASTELLER & MOLER, INC. — SERVICES FOR DESIGNAND PERMITTING OF
17TH LANES. W. FROM27THAVENUEEASTAPPROXIMATELY90OLF—IRC
PROJECTNO.0803......................................................................................................18
8. FF. FELLSMERE 392 DEVELOPER Is AGREEMENT FOR DEVELOPER
CONTRIBUTIONS TO ROAD WA YIMPR 0 VEMENTS ON COUNTYROAD 512 ..................18
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES-NONE.......................................................................................19
10. PUBLIC ITEMS............................................................................................19
IO.A. PUBLICHEARING.................................................................................................19
10 A.1. PLCLLC'S REQUEST TO REZONE f 2.61 ACRES FROM CH TO CG
(QUASI-JUDICL4L).......................................................................................................19
10.B. PUBLICDISCUSSIONITEMS..............................................................................21
10. B.1. REQUEST TO SPEAK FROMARDRA RIGBYREGARDING RECYCLING
DECISION. ... . .. . . .. . . .. . . .. . . ... . ... . ... . ... . .. . . .. . . .. . . .. . . ... . ... . ... . ... . .. . . .. . . .. . . .. . . ... . ... . ... . ... . .. . . .. . . .. . . .. . . 21
4
August 12, 2008
I0.B.2. REQUEST TO SPEAK FROM WILLIAMRIGBYREGARDINGDECISIONMADE
ON RECYCLE AND WASTE ON JUL Y 15, 2008.............................................................. 21
10.B.3. REQUEST TO SPEAK FROMBRIANKOFKE REGARDING CAMERAS AT
TRAFFICLIGHTS.........................................................................................................23
10.B.4. REQUEST TO SPEAK FROMSANDRA BLAKLEY, DOG KIDZ COUNTRY
DAYCARE & BOARDING, REGARDING APPLICATION OF KENNEL SETBACKS TO
NON -KENNEL PORTION OFPROPERTY.......................................................................24
10.B.5. REQUEST TO SPEAK FROMDR. STEPHEN) FAHERTY, SR. REGARDING
SUPPORT FOR COUNTYRESOLUTIONONELECTRIC UTILITYREFERENDUM........... 26
10.B.6. REQUEST TO SPEAK FROMBILL GLYNN, PRESIDENT, NORTHBEACH
CIVICASSOCIATION, REGARDING CONDEMNATIONAND REMOVAL OF UNSAFE
RESIDENTIAL STRUCTURE LOCATED AT 9856 DOUBLOONDRIVE,
SUMMER PL A CE .... ... .... .... .... ............ ..... ... .... .... ................ ..... ... .... .... .... ................. ... .... . 28
10.B.7. REQUEST TO SPEAK FROM CHARLIE WILSON, MEDIA ARTS GROUP,
REPRESENTING IMAGINE SCHOOLS REGARDING PROPOSED SITE PLAN
CONDITIONAMENDMENT 4TH STREET LEFT TURNLANE.........................................28
IO.C. PUBLICNOTICE ITEMS ........................................................................................30
10. C 1. NOTICE OF SCHED ULED PUBLIC HEARING -AUGUST 19, 2008: POINTE
WEST OF VERO BEACH, LTD. 'S REQUEST TO MODIFY THE APPROVED
PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN FOR POINTE WEST
(LEGISLATIVE) ............................................................................................................30
11. COUNTY ADMINISTRATOR'S MATTERS -NONE ............................30
12. DEPARTMENTAL MATTERS.................................................................31
12.A. COMMUNITYDEVELOPMENT......................................................................................31
IZ.A.1. CONDEMNATION, DEMOLITIONANDREMOVAL OF UNSAFE STRUCTURES ....... 31
1 Z.B. EMERGENCYSERVICES NONE...................................................................................33
12. C. GENERAL SERVICES-NONE.........................................................................................33
12.D. HUMANRESOURCES-NONE........................................................................................34
IZ.E. HUMANSERVICES-NONE............................................................................................34
5
August 12, 2008
12E LEISURESERVICES-NONE......
..34
12G. OFFICE OF MANAGEMENT AND B UDGET................................................................... 34
12.G.1. CITYOF VEROBEACH UTILITYREFERENDUM-REQUESTEDACTIONS..........34
12.IL RECREATION NONE....................................................................................................41
12.L PUBLIC WORKS............................................................................................................41
I2.LI. RIGHT-OF-WAY: ACQUISITIONOFRIGHT-OF-WAYFOR COUNTYROAD
PROJECTS.................................................................................................................... 41
12.J. UTILITIES SERVICES...................................................................................................47
12.J.1. CONSULTING SERVICES WORK ORDER NO. 7 WITH SCHULKE, BITTLE &
STODDARD, L.L.0 FOR PERMITTING, DESIGNAND CONSTRUCTIONSERVICES
FORA WATER MAIN EXTENSION ON 77TH ST. UCP -3086 ......................................... 47
12.1.2. APPROVAL OF FIRST AMENDMENT TO DEVELOPER'S AGREEMENT AND
FIRST ONE-FIFTHPAYMENT To WOODSIDE TUSCANY, LLCDBA WOODSIDE
HOMES SOUTHEAST FLORIDA PER DEVELOPERISA GREEMENT FOR OFFSITE
24 -INCH MASTER PLANNED WATER MAIN................................................................47
12.1.3. WORK ORDER NO. 10 WITH CAMP DRESSER AND MCKEE, INc. - WELLFIELD
MAINTENANCE AND MANAGEMENT SERVICES FOR NORTHAND SOUTH
COUNTYRO WATER TREATMENTPLANTS................................................................48
12.14. WEST WABASSO COMMUNITY WATER PROJECT- PHASE II, TIMROSE
CONTRACTING, INC., FINAL PAYMENT....................................................................... SO
1215. ROYAL OAK MOBILE HOME PARK 4" COMPOUND MASTER WATER
METER, UCPNo. 3082..............................................................................................50
19 K@11101 11'/ll W ICfJ'70115►•/► Elly W Y o17: 7N
B.A. ACQUISITIONOFRIGHT-OF-WAYALONG66THAVENUEENCUMBEREDBY
MURPHYRESERVATIONS............................................................................................ 52
B.B. NECESSITY OF TAKE RESOLUTION FOR A PARCEL OF PROPERTYLOCATED ON
16' STREETBETWEEN66THAND 74THAVENUE .........................................................59
14. COMMISSIONER ITEMS.........................................................................61
14.A. COMMISSIONER SANDRA L. BowDEN, CHAIRMAN-NONE........................................61
G
August 12, 2008
14.B. COMMISSIONER WESLEYS. DA VIS, VICE CHAIRMAN-NONE...................................61
14. C. COMMISSIONER JOSEPH E. FLESCHER-NONE.......................................................... 61
14.D. COMMISSIONER PETERD. O' BRYAN-NONE.............................................................61
14.E. COMMISSIONER GARY C. WHEELER NONE............................................................... 62
15. SPECIAL DISTRICTS AND BOARDS....................................................62
15.A. EMERGENCY SERVICESDISTRICT..............................................................................62
15.A.1. CONSTRUCTION SER VICES CONTRACT (PAR T2AGREEMENT) WITHBARTH
CONSTR UCTION FOR THE REPLACEMENT OF INDIAN RIVER COUNTY FIRE
RESCUE STATIONNO. 9
.. 62
15.B. SOLID WASTE DISPOSAL DISTRICT............................................................................ 62
15.B.I. APPROVAL OF MINUTES -REGULAR MEETING OF JUNE 17, 2008 ..................... 62
15.B.2. DISPOSAL PROTOCOL FOR CONTAMINATED SOILS AND PERMISSION TO
ADVERTISE FOR PUBLIC HEARING ONSEPTEMBER 09, 2008 TO AMEND SWDD
RATERESOL UTION...................................................................................................... 62
15.B.3. FUEL TANK RELOCATION FROM FORMER DOT FACILITY TO LANDFILL -
WORK ORDER NO. 15 TO GEOSYNTEC CONSULTANTS ............................................... 63
15.B.4. APPROVALOFBIDAWARDFORIRCBIDN0.2008069TRANSPORTATION
OF STABILIZER TO INDIAN RIVER COUNTY LANDFILL .............................................. 63
15.B.5. AMENDMENT NO.1 TO WORK ORDER NO. 16 TO GEOSYNTEC
CONSULTANTS, INC.....................................................................................................63
15. C. ENVIRONMENTAL CONTROL BOARD-NONE............................................................... 63
16. ADJOURNMENT.........................................................................................63
7
August 12, 2008
August 12, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th St., Vero Beach, Florida, on
Tuesday, August 12, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley
S. Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Roger Ball, Immanuel Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Davis led the Pledge of Allegiance to the Flag.
1
August 12, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
5. PROCLAMATIONS AND PRESENTATIONS
S.A. DIAMOND R. LITTY. PUBLIC DEFENDER. 19TH CIRCUIT PUBLIC
DEFENDER'S OFFICE
Clerk's Note: This item was heard immediately following 10.13.2.
Diamond R. Litty gave a presentation thanking the Board for its support of the
Public Defender's proposed 2008/2009 budget, and for its support over the past 16 years.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
AUGUST 2008 AS CIGARETTE LITTER PREVENTIONMONTH
Clerk's Note: The proclamation was read immediately following Item 3, the
Pledge of Allegiance, and is placed here for continuity.
Vice Chairman Davis read and presented the Proclamation to Melanie Neach,
Executive Director of Keep Indian River Beautiful (KIRB), who thanked the Board for joining in
the nationwide effort to prevent cigarette litter.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF JUNE 10, 2008
The Chairman asked if there were any corrections or additions to the Minutes
of the Regular Meeting of June 10, 2008. There were none.
2
August 12, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of June 10, 2008, as
written.
6.B. REGULAR MEETING OF ,JUNE 17, 2008
The Chairman asked if there were any corrections or additions to the Minutes
of the Regular Meeting of June 17, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of June 17, 2008, as
written.
6.C. SPECIAL CALL .JOINT MEETING OF .%UNE 19.2008 — INTERLOCAL
AGREEMENTASBA
The Chairman asked if there were any corrections or additions to the Minutes
of the Special Call Joint Meeting of June 19, 2008. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Minutes of the Special Call Meeting of June
19, 2008, as written.
3
August 12, 2008
6.D. REGULAR MEETING OF ,%ULY 1, 2008
The Chairman asked if there were any corrections or additions to the Minutes
of the Regular Meeting of July 1, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of July 1, 2008, as
written.
f).E. REGULAR MEETING OF JULY 8, 2008
The Chairman asked if there were any corrections or additions to the Minutes
of the Regular Meeting of July 8, 2008. There were none.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Minutes of the Regular Meeting of July 8,
2008, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
The Chairman read the following informational items into the record.
4
August 12, 2008
7.A. MEMBER AT -LARGE APPOINTEE VACANCY ONLAND ACQUISITION
ADVISORY COMMITTEE
7.B. SEBASTIANRIVER AREA CHAMBER OF COMMERCE APPOINTMENT TO
THE ECONOMICDEVELOPMENT COUNCIL
(Clerk's Note: Mr. Donald Wright will replace Mr. Ray Coniglio as the
Sebastian River Area Chamber of Commerce Appointee to the Economic Development Council).
7.C. 2008 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT
COMMITTEE CHAIRMANAND VICE CHAIRMAN
(Clerk's Note: Mr. Charles Searcy was re-elected as Chairman, and Mr. Joel
Tyson was re-elected as Vice Chairman, of the School Planning Citizens Advisory Committee for
2008).
7.D. 2008 ELECTION OF AFFORDABLE HOUSING ADVISORY COMMITTEE
(AHAC) CHAIRMAN AND VICE CHAIRMAN
(Clerk's Note: Andrew Bowler was elected Chairman, and Julianne Price was
elected Vice Chairman, of the Affordable Housing Advisory Committee for 2008).
5
August 12, 2008
%E. RESIGNATION OF B USINESS IN ENTERPRISE ZONE APPOINTEE TO
ENTERPRISE ZONE DEVELOPMENT AGENCY
(Clerk's Note: Ms. Anne Douglas, Enterprise Zone Appointee to Enterprise
Zone Development Agency has resigned. Her term would have expired in 2009).
8. CONSENT AGENDA
Commissioner O'Bryan asked to pull Item 8.1717. for discussion.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
8.A. DORI SLOSBERG DRIVER EDUCATIONSAFETYACT. INDIANRIVER
COUNTY TRAFFICEDUCATIONPROGRAM TRUST FUND
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Indian River County Statement of Revenues,
Expenditures and Changes in Fund Balance of the Traffic
Education Program, as recommended in the memorandum
dated July 16, 2008.
G
August 12, 2008
8.B. INCREASE CAPITALIZATION THRESHOLD FOR CAPITAL ASSETS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
amending the capital assets policy to increase the
threshold for recording of tangible personal property to
$1,000.00, as recorded in the memorandum of August 1,
2008.
8.C. INDIANRIVER COUNTYINVESTMENT ADVISORY COMMITTEE,
OUAR TERL YINVESTMENT REPORT FOR THE OUARTER ENDING
6/30/08
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Investment Advisory Committee Quarterly Report, as
recommended in the memorandum of August 1, 2008.
8.D. APPROVAL OF WARRANTS —.IULY3, 2008 THRU .IULY10, 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 July 3, 2008 through July 10, 2008, as
requested in the memorandum of July 10, 2008.
7
August 12, 2008
8.E. APPROVAL OF WARRANTS-JULY11, 2008 THRUJULYI7.2008
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 July 11, 2008 through July 17, 2008, as
requested in the memorandum of July 17, 2008.
8.F. APPROVAL OF WARRANTS—JULY18, 2008 THRUJULY24, 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 July 18, 2008 through July 24, 2008, as
requested in the memorandum of July 24, 2008.
8.G. APPROVAL OF WARRANTS —JULY2S, 2008 THRUJULY31, 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 July 25, 2008 through July 31, 2008, as
requested in the memorandum of July 31, 2008.
8
August 12, 2008
8.H. APPROVAL OFBIDAWARD FOR IRCBID # 2005051IRCANIMAL
CONTROL CASE MANAGEMENT SOFTWARE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Bid Award to HLP, 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 24, 2008.
S.I. APPROVAL OF RENEWAL OF THE 800 MHz COMMUNICATIONS SYSTEM
INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS
INTERNATIONAL, INC.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
renewal of the contract with Communications
International Incorporated, with funding provided from the
Communications/Emergency Services budget, as
recommended in the memorandum of July 29, 2008.
8.J. WORK ORDER NO.11 (ENGINEERING/SURVEY) FULL & FINAL PAY,
CR510 & US HIGHWAYNO. I INTERSECTIONIVIPROVEMENTS
PROJECT RIGHT-OF-WAY & LAND ACQUISITION "ELDELL: PARCEL
BOUNDARYSURVEY, CARTER ASSOCIATES, INC., IRCPROJECT NO.
9
August 12, 2008
0610, CONTINUING PROFESSIONAL SURVEYING & MAPPING/GIS
SERVICES CONTRACT 0 72 5
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Invoice No. 08370-1, dated July 2, 2008 in the
amount of $1,400.00 for full and final payment, as
recommended in the memorandum of July 8, 2008.
8.K. EAGLE TRACE SUBDIVISION — PHASE 2 —PROJECT #0813,
DUNKELBERGER ENGINEERING & TESTING, INC., WORK ORDER #4 —
RELEASE OF RETAINAGE & FINAL PAY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Invoice No. 36895, dated June 30, 2008, in the
amount of $862.00 for final payment of $680.00 and
release of retainage in the amount of $182.00 for a total
payment of $2,500.00, as recommended in the
memorandum of July 15, 2008.
8.L. MISCELLANEOUS BUDGET AMENDMENT 017
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-106, amending the Fiscal Year 2007-
2008 budget.
August 12, 2008
10
8.M. RESOLUTION REQUESTING ASSISTANCE FROM STATE OF FLORIDA
BEACHEROSION CONTROL PROGRAM
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-107, requesting assistance from the State
of Florida Beach Erosion Control Program.
8.N. LOCAL OPTION GAS TAX DISTRIBUTIONPERCENTAGES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the revised table of the Local Option Gas Tax Distribution
Formula May 2008, to be forwarded to the State, and as
recommended in the memorandum of July 10, 2008.
8.0. APPROVAL OF BID A WARD FOR IRC BID NO.2008058. DEMOLITION
OF FIVE (5) CONDEMNED STRUCTURES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved the Bid Award to SRD Construction &
Development Corporation as the lowest most responsive
and responsible bidder, meeting the specifications as set
forth in the Invitation to Bid; and (2) approved the
issuance of a Purchase Order after receipt of the
11
August 12, 2008
appropriate Certificate of Insurance, as recommended in
the memorandum of July 22, 2008.
8.P. APPROVAL OF RENEWAL FOR A CLASS "A" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR INDIANRIVER COUNTY
DEPARTMENT OF EMERGENCYSER VICES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
renewal of the Class "A" Certificate of Public
Convenience and Necessity for the Indian River County
Department of Emergency Services, to be effective for a
period of two (2) years from October 15, 2008, to October
15, 2010, as recommended in the memorandum of July 14,
2008.
8.0. RATIFICATION OF DOCUMENTS EXECUTED BY THE COUNTY
ADMINISTRATOR OR DESIGNEE, ONBEHALF OF THE BOARD OF
COUNTY COMMISSIONERS, UNDER A UTHORITY OF RESOL UTION NO.
2008-096, BETWEEN JULY 16, 2008, AND AUGUST 11, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the following document executed by the County
Administrator or Designee: BellSouth
12
August 12, 2008
Telecommunications, Inc., d/b/a AT&T Florida Easement
at Sth Street SW and 43rd Avenue
8.R. PETER R. TYSONAND JEANNE MYERS TYSON'S REQUEST FOR RELEASE
OFANEASEMENT AT 2105 ISLAND DRIVE (LOT 12. REPLAT OF ST.
CHRISTOPHER HARBOR)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-108, releasing an easement on Lot 12,
replat of St. Christopher Harbor.
8.S. UPDATED INVESTMENT POLICY— TWO MINOR CHANGES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Investment Policy changes, as presented, and as
recommended in the memorandum of August 1, 2008.
8.T. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR CR 510
FROM 61 ST DRIVE TO SHORE LANE — AMENDMENT NO.4
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 4 to the Agreement with McMahon
Associates, Inc. as recommended in the memorandum of
July 11, 2008.
13
August 12, 2008
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.U. CR 512 PHASEIV. IRCPROJECTNO. 9611B, BIDNUMBER 2008012.
CHANGE ORDER NO. 1
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order #1 increasing the contract amount by
$95,136.38, with the new contract amount to be
$8,679,176.96, as recommended in the memorandum of
August 5, 2008.
8-V- RESOLUTION CANCELLING TAXES ONPROPERTYACOUIRED BY THE
CITY OF FELLSMERE FOR ALTERNATE ACCESS TO FELLSMERE
TRAILHEAD PRESERVE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution -2008-109, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(From Fellsmere Development Corporation, Inc. a/ka
Fellsmere Development Corp. to City of Fellsmere for
alternate access to Fellsmere Trailhead Preserve).
14
August 12, 2008
8.W. SCRIVENER'S ERROR IN RESOL UTION NO. 90-160
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-110, correcting a scrivener's error in the
title of Resolution No. 90-160, recorded in O.R. Book 886,
pages 1379-1382 of the public records of Indian River
County, Florida to accurately recite the closing,
abandonment and vacation of 88th Court South of 22nd
Street (rather than South of 22nd Avenue).
8.X. DEDICATION OFSUBMERGED LANDS LOCATED INPORPOISE BAY, UNIT
3. MOORINGS SUBDIVISION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-111, accepting the dedication of
submerged lands in the Moorings Subdivision, Unit 3.
(Porpoise Bay, William Caldwell)
8.Y. RESOLUTION FOR APPOINTMENT OF "AT LARGE"MEMBERS TO
ADVISORY COMMITTEES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
15
August 12, 2008
Resolution 2008-112, setting forth the policy for
appointing "at large" members to Advisory Committees.
8.Z. RELEASE OF RETAINAGE AND FINAL PAYMENT TO S.P.S.
CONTRACTING. INC. CR51O FORCE MAINREPLACEMENT UCR2871
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
final payment for Bid 2007060 to S.P.S. Contracting, Inc.
for a final payment of $17,888.86, and authorized the
Chairman to execute same, as recommended in the
memorandum of July 25, 2008.
8.AA. WORK ORDER NO. 4 FOR PROFESSIONAL SERVICES WITH G.K.
ENVIRONMENTAL, INC. FOR CR510 FROM 61 ST DRIVE TO SHORE LANE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 4 with G.K. Environmental, Inc.,
authorizing the project as outlined in the Scope of
Services, and authorized the Chairman to execute same, as
recommended in the memorandum of July 28, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
16
August 12, 2008
8.BB. APPROVAL OF LEASE WITH BOYS AND GIRLS CLUB OF INDIAN RIVER
COUNTY. INC. FOR COUNTYPROPERTYON 17THAVENUE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-113, approving a community interest
Lease Agreement with the Boys and Girls Club of Indian
River County, Inc., for Indian River County Property at
17th Avenue.
8. CC. THE MOORINGS CL UB REQUEST FOR COUNTY 25 % COST SHARE TO
CONSTRUCT HARBOUR DRIVE SIDEWALK
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, whereby a Joint Project Agreement with
The Moorings Club will be prepared for future Board
approval to establish the 25% County cost share, as
recommended in the memorandum of July 31, 2008.
8.DD. APPROVAL OF RENEWAL FOR A CLASS EI CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR THE PLACE AT VERO BEACH.
INC. TO PROVIDE NON -EMERGENCY WHEELCHAIR SERVICES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
17
August 12, 2008
renewal of the Class El Certificate of Public Convenience
and Necessity for The Place at Vero Beach, Inc., to be
effective for a period of two (2) years from August 10,
2008, to August 10, 2010, as recommended in the
memorandum of August 4, 2008.
8. EE. ADDEND UM NO. I TO THE PROFESSIONAL ENGINEERING AGREEMENT
WITH MASTELLER & MOLER, INC. — SER VICES FOR DESIGN AND
PERMITTING OF 17TH LANE S. W. FROM 2 7m A VENUE EAST
APPRoxrMATEL Y 900 LF - IRC PROJECT No. 0803
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher the Board unanimously approved
the Lump Sum fee of $2,720.00 to Masteller and Moler,
Inc., for Amendment No. 1 to the Professional
Engineering Services Agreement for modifications for 17th
Lane S.W., from 27th Avenue to approximately 90OLF east
of 27th Avenue, and authorized the Chairman to execute
the Agreement, as recommended in the memorandum of
August 5, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8 -FF- FELLSMERE 392 DEVELOPER'SAGREEMENT FOR DEVELOPER
CONTRIBUTIONS TO ROAD WAYIMPROVEMENTS ON COUNTYROAD 512
18
August 12, 2008
Assistant Public Works Director Chris Mora addressed Commissioner
O'Bryan's concerns about maintaining a smooth flow of traffic with the additional signals that
would be placed on County Road 512.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Alternative No. 1, the Developer's Agreement
with Fellsmere 392 LLC, as recommended in the
memorandum of August 7, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLICHEARING
10.A.1. PLC LLC'S REQUEST TO REZONE f 2.61 ACRES FRoM CH To CG
(OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating recapped the backup
memorandum of July 15, 2008, to provide background description and conditions of PLC, LLC's
request to rezone property currently zoned CH, Heavy Commercial, to CG, General Commercial.
He explained that PLC, LLC wants to put a convenience store and gas station on the property.
19
August 12, 2008
He provided details on the existing and future land use patterns in this area, and asked for Board
approval of staff's recommendation to rezone the property from CH to CG, based on the
conditions outlined on pages 279-283 of the backup.
Director Keating thereafter responded to questions from the Board regarding
buffering the subject property from the abutting shooting range.
Assistant Public Works Director Christopher Mora responded to Commissioner
O'Bryan's question on how the heavier traffic flow (generated by the zoning change) would be
handled.
The Chairman opened the public hearing.
Douglas Vitunac, Esquire, representing PLC LLC, felt that retail business
was needed in this area, and hoped that the Board would approve the zoning change.
There were no additional speakers and the Chairman closed the public
hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously adopted
Ordinance 2008-007, amending the Zoning Ordinance
and the accompanying zoning map for ± 2.61 acres located
at the southwest corner of 41St Street and 43rd Avenue
from CH, Heavy Commercial District, to CG, General
Commercial District; and providing codification,
severability, and effective date.
20
August 12, 2008
10.B. PUBLIC DISCUSSIONITEMS
10.B.1. REQUEST TO SPEAK FROMARDRA RIGBYREGARDING RECYCLING
DECISION
Clerk's Note: Ardra Rigby presented his comments conjointly with William
Rigby. Please see Item IO.B.2. below.
NO ACTION REQUIRED OR TAKEN
10.B.2. REOUEST TO SPEAK FROM WILLIAMRIGBYREGARDING DECISION
MADE ON RECYCLE AND WASTE ON.IULY1 S, 2008
Clerk's Note: This item was heard immediately following 10.A.
William Rigby, 8465 59th Avenue, General Manager of Capital Sanitation,
read a statement regarding Capital Sanitation's efforts to secure work in the Enterprise Zone,
based on the Title VI Civil Rights Act of 1964, which mandates participation of minorities in
procurement of all government contracts which receive federal funds. He reminded the
Commission that in July 2008, the Board had directed staff to meet with representatives from
Capital Sanitation to work out a plan for participation in solid waste collection in the Enterprise
Zone. It was his understanding that at that time, the County had also opted to negotiate with the
current waste haulers and make revisions to the contract to include a price for recycling. He
questioned the legality of the County having Treasure Coast Refuse and Waste Management as
their haulers for the past 30 years, and informed the Board that he was still seeking work in the
Enterprise Zone.
21
August 12, 2008
Vice Chairman Davis noted that a correlation should not be made between the
quality of a corporation and their ability to bid on a contract. He pointed out that it was the
intent of the Board on February 5, 2008 to open up the opportunity for bids to go out and
stimulate competition in the Enterprise Zone.
Administrator Baird explained that the Request for Bids put out by the County,
involved recycling, which also involves the transfer stations. He divulged that although Capital
Sanitation had been asked to submit a bid on the contract, they had not done so. He stated that
staff would be updating the Board on the Enterprise Zone in late August or early September
2008, and that staff would also research whether Treasure Coast Refuse and Waste Management
have been in place for thirty (30) years. He wanted to ensure that all businesses interested in
bidding had equal opportunities to compete for work in the Enterprise Zone, but noted that if
Capital Sanitation wanted to secure business in the Enterprise Zone, they would have to respond
to a RFQ (Request for Quote).
William Rigby remarked that Capital Sanitation had not responded to the bid
request because the County was already operating efficiently and within their budget. He also
pointed out that he could not afford to bid on a job of that magnitude.
Ardra Rigby interjected that there were 13 other companies, having more
resources than Capital Sanitation, who did not bid on the contracts. He reminded everyone that
Capital Sanitation was here today to discuss obtaining solid waste business in the Enterprise
Zone.
Chairman Bowden conveyed that staff would look at this issue and bring it
back for further Board consideration.
NO ACTION REQUIRED OR TAKEN
22
August 12, 2008
1 0. B.3. REOUEST TO SPEAK FROM BRIAN KOFKE REGARDING CAMERAS AT
TRAFFIC LIGHTS
Brian Kofke, 1656 36th Avenue, discussed his concerns about the County's
traffic cameras (presently used to monitor traffic), evolving into surveillance tools for law
enforcement. He commended Assistant Public Works Director Chris Mora on the current traffic
system and wanted the Board to pledge that it would inform the public should the traffic cameras
ever cross over into other types of uses.
Board members commented on the frequency of public surveillance in today's
world and deemed that the only intent of the current system was to synchronize and keep traffic
moving.
Commissioner Flescher made observations about a different type of traffic
surveillance system which is used in large municipalities. He observed that the present system
might be melded into law enforcement in times of an emergency, but assured Mr. Kofke that the
public would be notified if the County ever considered venturing into that type of surveillance
system.
Mr. Kofke believed that the County's traffic cameras were currently being
used in a benign manner, and he hoped it would stay that way. He reiterated his desire for the
County to inform the public if any changes should occur in the traffic camera usage.
NO ACTION REQUIRED OR TAKEN
23
August 12, 2008
IO.B.4. REQUEST TO SPEAK FROMSANDRA BLAKLEY, DOG KIDZ COUNTRY
DAYCARE & BOARDING, REGARDING APPLICATION OF KENNEL SET
BACKS TO NON -KENNEL PORTION OF PROPERTY
Sandra Blakley, owner of Dog Kidz Country Daycare and Boarding, located
on 7050 77th Street, presented a handout (copy on file) to the Board, which included site plans
for her business. She discussed how she had received County approval for a fencing plan prior
to the closing on her property, and subsequently had received notice of a code violation stating
that a kennel must maintain a minimum of seventy-five (75) feet separation distance from
adjacent properties. Ms. Blakley presented her arguments disputing Code Enforcement's
determination that her business should be treated as a kennel, and requested that her business be
left alone.
Richard & Barbara Cahoy, 1560 St. David's Lane, pointed out that many
citizens had turned out in support of Ms. Blakley. Mr. Cahoy read a statement (copy on file)
supporting Ms. Blakley's business and asked the Board to override the Code Enforcement Board
and allow Mrs. Blakely to proceed with her business.
Commissioner Wheeler had reviewed the site plan, and had also visited Dog
Kidz, and did not believe there was any nuisance at the facility. He believed Code Enforcement
was being used to harass Ms. Blakley over a neighborhood disagreement, and wanted the
situation rectified.
Vice Chairman Davis also went to see Dog Kidz. He did not see how 75 feet
could make much of a difference; opined that the dog facilities served a tremendous need in the
community; and expressed his desire to try to accommodate Dog Kidz.
24
August 12, 2008
Douglas Vitunac, Esquire, Collins, Brown, & Caldwell, representing the
Petersons, declared that the Board Meeting was not the appropriate forum to seek an override of
Code Enforcement's decision; such appeals go directly to Circuit Court. He revealed that Diana
Peterson had filed a lawsuit regarding this matter, which was in Circuit Court. Attorney Vitunac
provided legal definitions of a kennel; discussed County Code; and asserted that Dog Kidz was a
kennel, and as such, must follow Code, and keep all dogs away from the adjacent property line
for 75 feet. Attorney Vitunac also noted that although Ms. Blakley's attorney, Mr. LeJoie, was
in attendance, neither he, nor his client, had received any notice of today's meeting.
Discussion."
Chairman Bowden pointed out that this item had been placed under "Public
Diana Peterson, 6990 77th Street, explained how Dog Kidz was interfering
with the quiet enjoyment of her neighboring property, due to noise from the dogs and increased
traffic on the street. She believed that the neighborhood was zoned for five -acre single-family
ranchettes, and that it was a problem to have a booming commercial business in the middle of the
neighboring homes. She informed the Board that if she had known about today's meeting, her
neighbors and husband would also have been present.
County Administrator Joe Baird clarified that anyone can get on the Agenda
and speak on any item, no action is taken, and the County does not normally inform anyone. He
affirmed that this matter should be resolved by Code Enforcement.
County Attorney Will Collins stated that the Board did not have the
jurisdiction to overturn a Code Enforcement Board decision. An appeal of the Code
Enforcement's Final Order would have to go to Circuit Court for review of the record under
which Code Enforcement came to its decision.
25
August 12, 2008
Roger LaJoie, Esquire, 2546 Fairway Drive, representing Ms. Blakley,
commented that Mrs. Peterson had never approached Ms. Blakley about her problems with Dog
Kidz. He refuted several of Mrs. Peterson's assertions, and observed that his client had done
everything to comply with County Code.
Commissioner O'Bryan explained to Mrs. Peterson that her neighborhood was
not platted for ranchettes, but for agricultural land use. He felt that there were conflicting uses in
the County's agricultural land use designations which needed to be addressed, so when people
buy property, they would know what type of usage might occur on the adjacent property.
NO ACTION REQUIRED OR TAKEN
IO.B.5. REQUEST TO SPEAKFROMDR. STEPHENJ. FAHERTY. SR.
REGARDING SUPPORT FOR COUNTY RESOL UTION ON ELECTRIC
UTILITY REFEREND UM
Dr. Stephen J. Faherty, Sr., 2120 Captains Walk, recalled that on May 8,
2008, the Board had directed County staff to work with him to prepare an action plan for
implementing the pending Vero Beach Electric Utility Referendum. He read his report (copy on
file) to recap the issues experienced by the County residents residing in the unincorporated areas
of the City, and the Indian River Shores residents, who pay City Utilities but receive no
representation, and whose fees go into the City of Vero Beach's General Fund. He updated the
Board on actions taken subsequent to the May 8, 2008 meeting and informed the Board that the
Elections Office and the City Council have still not made any determinations regarding the
Referendum. He thereafter outlined the actions that he and County staff were requesting from
the Board, which included passage of a Resolution in support of the Electric Utility Referendum,
which would allow for the creation of a separate Utility Authority to replace the Vero Beach City
Utilities Commission.
26
August 12, 2008
Vero Beach City Manager Jim Gabbard revealed that the Supervisor of
Elections was originally going to clarify some issues with the Attorney General; however, she
had been unable to do so. The City was now trying to determine if House Bill 7135, Chapter
2008-227 (relating to the creation of a separate utility authority), applies to them. He spoke of
the huge financial impact that might occur as a result of the Bill, and urged the Board to be
deliberate and cautious before taking any action. He thereafter invited the Commissioners to
gain some additional perspective by touring the City Utility facility and discussing with staff the
City's plans for the future of the facility.
The Board, staff, and Mr. Gabbard thereafter discussed the 10% City utility
tax, the County's franchise fee, and whether or not the fees charged by the City of Vero Beach
Electric Utility were equal for City Utility customers inside and outside the City Limits.
Lee Regan, 3207 Anthem Way, noted that the Utilities Commission only
advises the City on technical matters, and that the purpose of the proposed Referendum would be
to hold the City accountable.
Clerk's Note: For further discussion of this item, please refer to Item 12.G.1.
Office of Management and Budget.
The Chairman called a recess at 10:41 a.m. and reconvened the meeting at
10:55 a.m.
27
August 12, 2008
1O.B.6. REOUEST TO SPEAKFROMBILL GLYNN, PRESIDENT. NORTH
BEACH Civic ASSOCIATION, REGARDING CONDEMNA TION AND
REMOVAL OF UNSAFE RESIDENTIAL STRUCTURE LOCATED AT 9856
DOUBLOONDRIVE. SUMMERPLACE
Bill Glynn, 1802 Barefoot Place East, representing the North Beach Civic
Association, outlined his reasons for asking the Board to support demolition of the damaged
structure, located at 9856 Doubloon Drive, and owned by the Furets. He observed that for
almost four years, the County has been trying to have the Furets repair the home, which is a
safety hazard, and which attracts vagrants. He did not believe the Furets would do so, as the lot
was for sale (copy of realtor information on file); and informed the Board that the Furets also
owed back taxes.
Clerk's Note: For further discussion on this item, please see Item under
12.A.1. Community Development.
1O.B. 7. REOUEST TO SPEAK FROM CHARLIE WILSON, MEDIA ARTS GROUP.
REPRESENTING IMAGINE SCHOOLS REGARDING PROPOSED SITE PLAN
CONDITIONAMENDMENT 4TH STREET LEFT TURNLANE
Charlie Wilson sought Board assistance in solving a dilemma which had
occurred at Imagine Schools. He informed the Board that over 600 students, 200 more than were
expected, have enrolled in the school's Kindergarten through Five (K-5) Program, which is
Phase I of Imagine School's plan. Mr. Wilson recalled that Imagine Schools had agreed to the
requirement of putting in a left turn lane going down 4th Street, but the road improvement was to
have been done during Phase II (Grades Six through Eight) of the plan next year. With the
28
August 12, 2008
increased enrollment, Imagine Schools wanted to use the Phase II buildings, but they did not
know if this could be done without the left turn lane. Mr. Wilson noted that Imagine Schools
would still have to procure the right-of-way.
Vice Chairman Davis asked if someone would be controlling the traffic
pattern, and Mr. Wilson affirmed that the children's safety was the most important thing, and that
a safety officer would be directing traffic.
Mr. Wilson responded to questions from Commissioner Wheeler regarding
whether the school had made any move towards acquiring the right-of-way.
Christian Cascone, Director of Development for Imagine Schools, related that
an engineer had been commissioned to design a plan for the left turn lane, but it would take some
time to finalize things, which would not address the issue of accommodating the extra students.
Mr. Wilson inquired whether the Board had any authority to amend the order
for the left turn lane.
County Attorney Collins explained that a Public Hearing would be required in
order to modify this condition; it would then have to go to Planning and Zoning for a
recommendation, and to another Public Hearing.
Stan Boling, Planning Director, added that the process described by Attorney
Collins would probably take about sixty (60) to ninety (90) days, with all the advertising time-
frames.
29
August 12, 2008
Commissioner Wheeler asked what would happen to the 200 students if they
could not go to Imagine Schools, and Mr. Wilson explained that the public schools would
accommodate them.
Mr. Cascone described other options which could be used by Imagine
Schools: (1) informing the parents who have not completed their child's enrollment process,
that there would be a delay; and (2) retrofitting the multi-purpose room to hold additional kids.
The Board expressed a desire to help Imagine Schools, and directed staff and
the County Attorney to investigate whether anything could be legally done.
NO ACTION REQUIRED OR TAKEN
10.C. PUBLIC NOTICE ITEMS
10. C 1. NOTICE OF SCHEDULED PUBLIC HEARING —AUGUST 19.2008:
POINTE WEST OF VERO BEACH. LTD.'S REOUEST TO MODIFY THE
APPROVED PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN FOR
POINTE WEST (LEGISLATIVE)
The Chairman read the notice into the record.
11. COUNTY ADMINISTRATOR'S MATTERS -NONE
30
August 12, 2008
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT
12.A.1. CONDEMNATION. DEMOLITION AND REMOVAL OF UNSAFE
STRUCTURES
County Building Official Buddy Akins reviewed the backup memorandum of
August 1, 2008, regarding five vacant structures which have been condemned and ordered
repaired or removed. He divulged that there were five properties; all the property owners had
received proper notice; no satisfactory repairs had been made; and there were no outstanding
permits on the properties. He thereafter presented staff's recommendation for approval, based
on the conditions outlined on page 321 of the backup.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, for discussion,
to approve staff's recommendation.
Commissioner Flescher noted that it was time to eliminate these structures,
which could pose a serious safety hazard during a storm.
Edwina Clark, 558 Caribbean Circle & 1730 38th Lane, explained the
circumstances surrounding her family's attempts to hold on to her grandfather's property at 1730
38th Lane, which had been in her family for many years. She asked the Board for additional time
to see if she could either bring the house up to code, or demolish and remove the building
herself, as opposed to having an expensive lien put on the property.
Helen Furet, 9586 Doubloon Drive, outlined the steps she had taken in trying
to bring her property into compliance with County Code, and stated she was still waiting for a
31
August 12, 2008
response from the DEP regarding some documents. If her house had to be torn down, she
wanted to know if the foundation would be left, so she could rebuild in the same spot.
Mr. Akins responded that the portion of the slab foundation which was not
damaged would be left intact.
Commissioner O'Bryan inquired whether Mr. Akins would be okay with
granting an additional sixty (60) days to Ms. Clark, for the home at 4380 38th Avenue. Mr.
Akins responded that he had no objections to the extension.
Commissioner Wheeler felt that, in fairness, the 60 -day extension should apply
to those speakers who were interested enough to attend today's meeting, and he wanted to amend
his Motion. However, Commissioner Flescher reminded the Board that Mrs. Furet had already
been granted an extension, and nothing had changed.
Connie Jackson related information on her property at 4076 Old Dixie
Highway, which was owned jointly by eight families. She stated that attempts had been made to
ameliorate some of the problems; informed the Board that the property was listed for sale; and
asked for more time before the property is demolished.
Discussion ensued as the Board reviewed how best to afford the property
owners a change to bring their properties into compliance, and how this had been handled in the
past.
Assistant County Attorney William DeBraal observed that the property owners
are provided with two chances. In the past, the Board approved the Resolution, and directed
staff to obtain bids on the demolition structures. At the time of the bid approval, if a permit has
been pulled, or if plans have been submitted that would bring the structures up to code, those
32
August 12, 2008
structures could be withdrawn from the bid package. However, if the structures have not been
approved, the Board would approve the bid award and the demolitions.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board: (1) declared said
structures unsafe and a nuisance, and ordered the buildings
demolished with related debris removed from the property
by a private vendor approved through standard bid
procedures; (2) approved Resolution 2008-114, providing
for the demolition of unsafe structures and the recovery of
costs; and (3) approved the necessary budget amendment
to cover the demolition and removal of the structures and
any other necessary legal expenses, all as recommended in
the memorandum of August 1, 2008.
(Owners: Alan & Helen Furet — 9586 Doubloon Drive;
Paul James McGriff — 1730 38th Lane; Pearl Hampton -
Jackson, Presley Jackson and Thomas Jackson — 4380 38th
Avenue; Hampton Jackson, Phoebe Jackson Gipson, Holly
Jackson, Thomas Jackson, Pressley Jackson, Pearl
Jackson, Alicia Jackson, Jewel Jackson White, Regina
Jackson, Merrill Jackson Adkins, Hampton J. Jackson, Jr.,
Constance Jackson, Merrill A. Russ — 4076 Old Dixie
Highway; Thomas A. Kale — 2406 501h Avenue)
12.8. EMERGENCYSERVICES-NONE
12. C GENERAL SERVICES -NONE
33
August 12, 2008
12.D. HUMAN RESOURCES -NONE
12.E. HUMANSERVICES-NONE
12.F. LEISURE SERVICES -NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET
12. G.I. CITY OF VERO BEACH UTILITYREFERENDUM— REQUESTED
ACTIONS
County Budget Director Jason Brown recalled that in May 2008, staff had met
with Dr. Stephen J. Faherty on issues which he had brought to the Board's attention regarding
the City of Vero Beach Electric Utility. Director Brown recapped the memorandum of July 29,
2008 to detail the concerns of the residents living in the unincorporated areas of the City and
Indian River Shores who have City Electric, but do not receive representation from the City of
Vero Beach, and who are concerned about their utility rates.
After reminding the Board that a Referendum regarding the creation of a
separate Electric Utility Authority might be placed on the November 2008 ballot, Director
Brown presented staff's request for policy decisions on the following alternative actions:
Approve a Resolution supporting the Referendum.
Authorize the drafting of a letter from the Chairman to the Vero Beach City
Council and Indian River Shores Town Council including a copy of the County Board's
34
August 12, 2008
Resolutions and requesting the City and Town to pass their resolutions in order to inform the
customer electorate as soon as possible.
Authorize the County staff to arrange with the City for stuffers or similar
communications to be included in the City's utility bills to advise the customer electorate of the
County Board's Resolution and other information related to the utility issues.
Authorize the County staff to work with the other jurisdictions in relation to the
Referendum and implementing actions required subsequent to it.
John Lee, Customer Service Manager for the City of Vero Beach, addressed
the perceived differences between the utility bills for customers inside and outside the City
limits, and explained how the costs of the bills were identical, except for the County Franchise
Fee on the "Outside City limits" bills (cost comparison on file).
Dr. Stephen Faherty discussed how important it is for customers living in the
unincorporated City Limits and Indian River Shores, to have representation and the ability to
control potential costs which would be passed onto them as shareholders. He said that the
Referendum provides for a separate Utility Authority, which would replace the City Utility
Advisory Commission, and which would be representative of the entire customer base.
Vice Chairman Davis believed that the debate was not necessarily about the
fees, but more about who has the ability to elect the individuals who are imposing the fees.
Chairman Bowden concurred with Vice Chairman Davis, stating that the issue
was about representation.
W
August 12, 2008
Commissioner Wheeler wanted to know if customers outside the City Limits
had an obligation for any debt which was incurred by the City, and thus would be considered
shareholders, and this was confirmed by Mr. Lee.
Commissioner Wheeler felt that if there were any costs associated with the
Referendum, they should be passed on to the County residents paying City Utilities and living
outside the City Limits, and not to all County residents.
Vice Chairman Davis wanted to know if we could use the franchise revenue
towards payment of any costs, and Administrator Baird acknowledged that the County could
utilize a portion of those fees to assist with any related costs.
Chairman Bowden did not want any unforeseen circumstances to occur, and
was concerned about the effects the possible change in ownership from the City of Vero Beach
to a separate Utility Authority could have on the City's Revenue Bonds.
County staff and City Manager Gabbard agreed that Bond Counsel from the
City and the County could work together and come up with some answers.
A brief discussion ensued as Director Brown and Manager Gabbard discussed
the particulars of funding expenses related to public education on the Referendum. Mr. Gabbard
assured the County that the City had planned on doing an informational mailing if the Statute
(Section 366.06(7) (c) applies to the City of Vero Beach, and the Referendum is put on the
Ballot.
Commissioner Wheeler pointed out that as the Resolution is written, it is
saying the County supports the Referendum. He believed that it was the County's place to give
36
August 12, 2008
information and not direction on this, and wanted to change the wording to "in support of having
the Referendum", but not supporting it.
He suggested the following changes to the wording of the Resolution as
"NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
The Indian River County Board of County Commissioners (Board) etippeits
supports having the Utility Authority Referendum.
The Board requests that the City Council of Vero Beach support hold the
Utility Authority Referendum.
The Board requests that the Town Council of Indian River Shores supports
supports having the Utility Authority Referendum.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, for discussion,
to approve staff s Recommendation #1, with the proposed
amendments, in connection with the "City of Vero Utility
Referendum" to be held in conjunction with the General
Election of November 4, 2008.
For purposes of neutrality, Commissioner O'Bryan recommended deleting
Sections 6 and 7 of the Resolution, which presume that the Referendum passes and could
indicate favoritism one way or another.
37
August 12, 2008
Dr. Faherty asked the Board to leave wording in the Resolution to facilitate
County staff working with the City of Vero Beach and Indian River Shores on the Charter for the
Utility Authority, should the Referendum pass.
Vice Chairman Davis suggested adding Sections 6 and 7 of the Resolution to
the November 18, 2008 Board of County Commission Meeting Agenda, and renumbering the
items as there was an error in the numbering.
MOTION WAS AMENDED by Commissioner Wheeler
to delete Items No. 6 and 7 from the Resolution.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
Resolution 2008-115, as amended, in suppei4 el
connection with the "City of Vero Utility Referendum" to
be held in conjunction with the General Election of
November 4, 2008.
Regarding Staff's Recommendation #2, Vice Chairman Davis wanted to ensure
that the County's support for having the Referendum would not be stopped if the City of Vero
Beach does not want to pass the Resolution.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Flescher, to approve
Staff's Recommendation #2.
38
August 12, 2008
Commissioner O'Bryan wanted to be sure the wording of the letters would
reflect the changes which were made on the amended Resolution, which were to reflect
"Holding" and "Having" but not "Supporting" the Referendum.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
sending letters to the Vero Beach City Council and the
Indian River Shores Town Council, requesting that the
City Council of Vero Beach hold a Utility Authority
Referendum, and that the Town Council of Indian River
Shores suivort having a Utility Authority Referendum,
including a copy of the Board's Resolution, and requesting
the City and Town to pass Resolutions in order to inform
the customer electorate of same.
Chairman Bowden invited a Motion on staff's Recommendation #3.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Flescher, for discussion,
to approve Staff's Recommendation #3, to authorize staff
to arrange with the City of Vero Beach for stuffers to be
included in the City's utility bills to advise the customer
electorate of the Board's Resolution and other information
related to the utility issues.
Vice Chairman Davis would like to see any expenses related to this come from
the franchise tax on the City Utility bills.
39
August 12, 2008
Administrator Baird said they could do a budget amendment to reflect this.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved Staff's
Recommendation #3, to authorize staff to arrange with the
City of Vero Beach for stuffers or similar communications
to be included in the City's utility bills to advise the
customer electorate of the Board's Resolution and other
information related to the utility issues.
Discussion arose regarding placing Staff's Recommendation #4 on the
November 18, 2008 Agenda. This pertained to County staff working with the other jurisdictions
in relation to the Referendum and implementing actions required subsequent to the passage of
the Referendum.
ON MOTION BY Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved to place on the November 18, 2008 BCC
Meeting Agenda (as an action item), staff's
Recommendation #4, to authorize the County staff to work
with the other jurisdictions (City of Vero Beach and
Indian River Shores), in relation to the Referendum, and to
implement actions required subsequent to it, should the
voters approve the Referendum.
The Chairman called for a lunch break at 12:20 p.m. and reconvened the
meeting at 1:33 p.m., with Assistant County Attorney William DeBraal assuming the Chair in
the absence of County Attorney Will Collins.
40
August 12, 2008
12.H. RECREATION -NONE
12.L PUBLIC WORKS
12.L1. RIGHT-OF-WAY: ACOUIHTIONOFRIGHT-OF-WAYFOR COUNTYROAD
PROJECTS
Assistant Public Works Director Chris Mora recalled that on June 17, 2008, the
Board had directed staff to bring back this item and to give a PowerPoint Presentation to provide
more details on the right-of-way acquisition process used by the Public Works Department. He
reported that staff had also met with a group of 66th Avenue property owners regarding their
concerns about land acquisition procedures relative to the 66th Avenue road widening project.
Director Mora began the PowerPoint Presentation (copy on file) by explaining
how the Land Acquisition Division of Public Works is organized, and how staff coordinates with
the Engineering, Legal, Traffic Engineering and Community Development Departments.
Director Mora briefly remarked on each of the following four acquisition
procedures that have been used to date:
NEGOTIATION
Director Mora noted that this method of direct negotiation with the property
owners is the most widely used method; he explained the concept of "arms -length" negotiations,
and outlined the five steps of direct negotiation.
41
August 12, 2008
DEDICATION
Director Mora related that when a developer realizes he is on a road that will
need to be widened at some point, he agrees to dedicate the necessary property to the County,
with compensation beyond a certain point.
MURPHY RESERVATIONS
Director Mora explained that Murphy Reservations are old right-of-way
reservations created during the Depression. Lands were forfeited to the State due to nonpayment
of taxes, but once they were sold back into private ownership, the State held on to certain
mineral and transportation rights, and established a road right-of-way 100 feet from the center
line of the existing road. As time went by, and most State road right-of-ways became County
roads, those rights eventually transferred to the County.
EMINENT DOMAIN
Director Mora pointed out that the County has not been aggressive in pursuing
Eminent Domain, but due to the size and scope of the road projects, it might become more
commonly employed.
Director Mora then briefed the Board on how the County determines when to
put a road project into the County road widening program, and listed the factors involved in
determining the required amount of right-of-way.
within the minute.
Clerk's Note: Sandra Bowden exited the meeting at 1: 46 p.m. and returned
Director Mora presented the highlights of the right-of-way acquisition
procedures which had been adopted in March 2007 (Resolution 2007-027), and which were
designed to streamline and speed up the right-of-way acquisition process. He thereafter
42
August 12, 2008
summarized the concerns of the 66th Avenue property owners (with whom staff had met), as
follows:
Timing of the "Notice -to -Owner" Letter (which includes notification of the
County's interest in their property as well as the notification of statutory rights)
Slow pace of County condemnation of properties along 66th Avenue
Director Mora then presented staff's recommendation to amend the Resolution,
such that the "Notice to Owner" letter is sent out earlier, so that the property owners will be
advised of their statutory rights prior to negotiations with County staff.
Assistant County Administrator Michael Zito added to the PowerPoint
presentation, detailed voluntary and involuntary acquisitions, which comprise the three phases of
right-of-way acquisition. He provided legal definitions of Eminent Domain, and used case law
to illustrate the requirements for pre -suit negotiations. He conveyed staff's belief that Eminent
Domain should be the last step in any negotiation process; discussed the proposed revisions to
Resolution 2007-027; and reiterated that the amended Resolution would
provide for notice to be sent to property owners prior to any written offer. Mr. Zito thereafter
asked the Board to approve staff's recommendation, amending County policies for acquisition of
right-of-way for road expansion and improvement projects previously set forth in Resolution
2007-027.
Commissioner O'Bryan, referred to Section 4 of the proposed Resolution,
where it states that the Consulting Engineer would be directed to prepare the SCALE* Report
following 60% design completion, and asked if that wasn't a bit late in the process. Director
Mora explained that the Engineer would have examined all of the elements in the SCALE Report
43
August 12, 2008
by the time it got to the 60% level, and suggested that the Resolution read "provide" the SCALE
Report, rather than "prepare" the SCALE Report.
*SCALE REPORT. Safety Considerations; Cost; Availability of Alternate Route; Long -Range
Planning; and Environmental Factors
The Chairman opened the floor to public comments.
Ruth Stanbridge, 4835 66th Avenue, expressed appreciation for staff's
PowerPoint, and for the cooperation the property owners have been receiving from the
Commissioners, especially Chairman Bowden, Vice Chairman Davis, and Commissioner
Wheeler. She asked whether the Notice -to -Owner letters had been mailed out and learned from
Director Mora that fifteen (15) of the eighteen (18) letters have been sent to property owners
with whom the County had begun negotiations (not all on 66th Avenue). The remaining three
letters would be sent out today (August 12, 2008).
On behalf of the properly owner group on 66th Avenue, Mrs. Stanbridge
offered the following suggested amendments to the proposed Resolution:
On behalf of the properly owner group on 66th Avenue, Mrs. Stanbridge
offered the following suggested amendments to the proposed Resolution:
Spell out the acronym SCALE (found in the SCALE Report)
44
August 12, 2008
PROPOSED AMENDMENTS TO RESOLUTION:
Section 4, Bullet No. 2:
After notice to owner, negotiations will remain open for 120 days based
on a written offer, after the notification to complete a voluntary purchase unless extended
by both parties or terminated by either party, in writing.
Section 4, Bullet No.3:
Within 30 or 60 days Efollowing termination of negotiations, the file
would be assigned to one of the eminent domain firms on contract for drafting a
resolution of necessity for approval by the Board of County Commissioners.
Section #4, Bullet No.4:
At the same time, and also within 30 or 60 days, an appraisal would be
ordered for the affected property in order to comply with statutory requirement, and the
consulting engineer would be directed to prepare a SCALE report."
Section #4, Bullet No. 5:
Following the completion of the appraisal and SCALE report, the
Countv will follow Chapter 73, and an unconditional good faith offer would be made to
the property owners and a resolution of necessity would be brought before the Board for
approval.
Section 6:
6. This ; a o eltiti ,,, of ,.LY1\-aI p, hey .t -hieh ; of i.;ndi . Deviations
from this policy can be made as needed to fit the circumstances of unique acquisitions.
45
August 12, 2008
Mrs. Stanbridge pointed out that there was no talk of negotiation or
mediations here, even though those are required by Chapter 73.
Mr. Zito conveyed that staff had no objection to any of the changes.
A lengthy discussion ensued during which the Board and staff considered Mrs.
Stanbridge's suggestions; analyzed the organizational structure of the Public Works Department
as related to right-of-way acquisitions; and established the importance of administrative staff
having access to legal counsel.
The Board, staff, and Mrs. Stanbridge discussed whether the time parameters
suggested by Mrs. Stanbridge could be managed, particularly in view of the 113 parcels which
remained on 66th Avenue.
The Board voiced its concerns about the property owners on 66th Avenue being
in a state of limbo, and expressed its desire to move things along on their behalf.
Commissioner Wheeler felt that it would be advantageous, if the County
needed to acquire property quickly, to offer a higher price, instead of negotiating for a lower
price.
The Board's Consensus was to incorporate the suggestions
made by Mrs. Stanbridge and Director Mora into the
Resolution.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Resolution 2008-116, as amended, amending
46
August 12, 2008
policies for acquisition of right-of-way for road expansion
and improvement projects previously set out in Resolution
No. 2007-027.
12..J. UTILITIES SER VICES
12..J.1. CONSULTING SERVICES WORK ORDER NO. 7 WITHSCHULKE. BITTLE
& STODDARD, L.L. C. FOR PERMITTING, DESIGN AND CONSTRUCTION
SERVICES FOR A WATER MAIN EXTENSION ON 77TH ST. UCP -3086
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously
approved Work Order No. 7 to Schulke, Bittle &
Stoddard, LLC in the amount of $22,250.00 for design
work associated with this project, and authorized the
Chairman to execute same, as recommended in the
memorandum of August 1, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.2. APPROVAL OF FIRST AMENDMENT TO DEVELOPER'S AGREEMENT AND
FIRST ONE-FIFTH PAYMENT TO WOODSIDE TUSCANY, LLC DBA
WOODSIDE HOMES SOUTHEAST FLORIDA PER DEVELOPER'S
AGREEMENT FOR OFFSITE 24 INCH MASTER PLANNED WATER MAIN
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
47
August 12, 2008
approved the First Amendment to the Agreement with
Woodside Tuscany, LLC for Tuscany Lakes Subdivision
and the request for initial payment to Woodside Homes
Southeast Florida, pursuant to the Revised Developer's
Agreement in the amount of $94,793.05 ($119,475.55 -
$24,682.50) and four (4) additional annual payments of
$119,475.55 beginning in August of 2009 and ending
August 2012, as recommended in the memorandum of
July 16, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. J 3. WORK ORDER No. 1 O WITH CAMP DRESSER AND MCKEE. INC. -
WELLFIELD MAINTENANCE AND MANAGEMENT SERVICES FOR
NORTHAND SOUTH COUNTYRO WATER TREATMENT PLANTS
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, for discussion, to
approve staff's recommendation.
Chairman Bowden asked for an explanation on this matter.
Director of Utilities Erik Olson reviewed the backup memorandum of August
1, 2008, to provide background information on the wells which are used to operate the North and
South County Reverse Osmosis Plants. He explained that the Work Order would allow staff to
proceed with maintenance activities on the older wells, which would bring them up to capacity
and maximize the amount of existing assets at the plants.
48
August 12, 2008
Chairman Bowden asked staff to dispel a rumor that the County was running
out of water, and learned from Administrator Baird that the County would not run out of water
until 2025.
Commissioner Wheeler recalled that recently, at a workshop meeting, there
had been talk of the wells bringing the County only as far as 2017.
Director Olson explained why that projection has changed; described how the
projections for growth curves (for water usage) are determined; and reported that due to
diminishing growth curves, and the increasing amount of physical infrastructure, County water
would be good to about 2025. He noted that, if a lot of growth and expansion happens over the
next five years, the curve would be re-evaluated. Additionally, he acknowledged that there was a
finite amount of water, and that it was important to continue looking at alternative water
supplies.
Director Olson responded to Commissioner Wheeler's question about a
hydrology study which was going to be conducted by the St. John's River Water Management
District (SJRWMD).
Administrator Baird provided assurances that the County had planned well for
the future, and that the water source would certainly go beyond 2011, and probably to 2025.
Commissioner Wheeler asked whether the growth which was taking place in
Brevard County would impact the County's water source.
Director Olson agreed that there was competition for the water source, and
remarked that the County would explore desalination and some other options, because at some
point, there will not be as much available water as there is now.
49
August 12, 2008
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved Work
Order No. 10 with CDM (Camp Dresser & McKee Inc.)
and authorized the Chairman to execute same, as
recommended in the memorandum of August 1, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.14. WEST WABASSO COMMUNITY WATER PROJECT— PHASE H. TIM ROSE
CONTRACTING, INC., FINAL PAYMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved and authorized the Chairman to execute final
payment to Timothy "Tim" Rose Contracting, Inc. for the
amount of $5,300.78, as recommended in the
memorandum of August 5, 2008.
12.J.5. ROYAL OAKMOBILE HOME PARK 4" COMPOUND MASTER WATER
METER, UCPNo. 3082
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, for discussion,
to approve staff's recommendation.
50
August 12, 2008
Commissioner O'Bryan asked whether the lien, to be levied for the financing
of the water system, would be placed upon the residents of the Mobile Home Park, or the Park
itself. Director Olson revealed that the lien would be placed on the Mobile Home Park.
Bill Lain, owner of Royal Palm Mobile Home Park, presented a handout to the
Board (copy on file) which detailed the loss of income experienced by the Mobile Home Park
since the initial investment in the property. He informed the Board that the residents of the Park
are primarily senior citizens living on fixed incomes, who would find it a financial hardship to
finance the water connection system.
Administrator Baird responded to Commissioner O'Bryan's question regarding
the interest rate.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board: (1) determined
that Royal Oak Mobile Home Park has sufficiently
demonstrated, to the Board's reasonable satisfaction, that
the unforeseen payment of the capacity and water hook up
charges are a financial burden and that all other funding
sources have been exhausted currently. (The Department
of Utility Services has the financial ability to finance these
charges for a period of up to twenty (20) years, with a
superior lien for any such amounts due to be executed in
recordable form reflecting the payment schedule and filed
in the public records of Indian River County Florida) and
(2) approved (a) the expenditure of funds for construction
of the water facilities up to a total amount of $25,595.63
and authorized staff to proceed with acquiring the
51
August 12, 2008
necessary permitting to construct the water facilities; (b)
authorized the Chairman to execute Work Authorization
Directive No. 2007-016 in the amount of $8,894.38, to
Derrico Construction Corp. for the labor portion of the
project; (c) delegated the authority to the County
Administrator to sign the funding agreement with the park
owner/borrower after review and approval by all
appropriate staff and the County Attorney's office; and (d)
authorized the Utility Department to enter into a 20 -year
lien agreement with Mr. Bill Lain/Royal Oak Mobile
Home Park for the financing of capacity charges up to
$45,460.00 under the terms of Section 201.09D.; of the
Indian River County Ordinance 2006-038, as amended, all
as recommended in the memorandum of July 30, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called for a recess at 2:59 p.m. and reconvened the meeting at
3:11 p.m.
13. COUNTY ATTORNEY MATTERS
B.A. ACOUISITIONOFRIGHT-OF-WAYALONG 66THAVENUEENCUMBERED
B Y MURPHY RESER VA TIONS
Deputy County Attorney William DeBraal recapped the backup memorandum
dated July 28, 2008, to provide background history and description of Murphy Reservations,
which are rights-of-way (inclusive of some oil and mineral rights) which had been acquired by
52
August 12, 2008
the State and subsequently reverted to the County. He divulged that property owners are often
unaware of the Murphy Reservation unless it is found through a title insurance search, or until
they are approached by a condemning authority, such as the County, and told that a road or other
improvements are to be constructed in the Murphy Reservation encumbering their property, and
that compensation is not going to be provided.
Attorney DeBraal explained that Nick Miller, Inc., had done a study in 2005
that provided a full report of all Murphy Reservations in the County. He reported that the
County has been using the property encumbered by the Murphy Reservations in the past and not
gone further. He said the situation on 66th Avenue was different, whereby it required using the
Murphy Reservation property, plus additional property for the right-of-way. He detailed four
methods which are used by other Florida condemning Authorities in conjunction with Murphy
Reservations.
Attorney DeBraal outlined four options in staff's recommendation for
handling the Murphy Reservations along 66th Avenue as follows:
Continue the current practice of utilizing unreleased Murphy Reservations
without compensation to adjacent property owners
Negotiate a compromised value for the Murphy Reservation
Retain an appraiser to value the Murphy Reservation
Ignore the Murphy Reservation and pay full appraised value for the property
He thereafter asked for Board direction as to how staff should proceed when
negotiating for rights-of-way on properties along 66th Avenue, which are encumbered by Murphy
Reservations.
53
August 12, 2008
Vice Chairman Davis believed that the appropriate manner was to negotiate as
if the Murphy Reservation was not there.
Chairman Bowden suggested that negotiations for Murphy Reservations be
done on a case-by-case basis. County Administrator Baird agreed, adding that the Board should
use caution because this could be a costly decision in the long run. Vice Chairman Davis
disagreed.
Discussion ensued between the Commissioners and Attorney DeBraal
regarding handling negotiations on property with Murphy Reservations.
Chairman Bowden opened the floor for public comment.
A. Ronald Hudson, 4640 58th Avenue, owner of property on 66th Avenue, for
over 20 years, had no knowledge of a Murphy Reservation on his property, until the County
made plans to widen 66th Avenue. He felt that it was wrong for the County to take property and
not compensate landowners, and believes it is the worst Public Relations image that the County
could project. He urged the Commissioners to consider staff's recommendation, to ignore the
Murphy Reservation and pay full appraisal value for the property.
Commissioner Wheeler wondered if it would be possible to accept staff's
fourth recommendation, but to have a judgment placed against any title insurance companies
who failed to divulge the existence of the Murphy Reservations.
Discussion ensued between Commissioner Wheeler and Mr. Hudson
regarding the responsibilities of the title insurance companies.
54
August 12, 2008
Commissioner Bowden was dismayed that no one outside of the government
appeared to have knowledge of the Murphy Reservations, and did not feel that the property
owners could be penalized.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Wheeler, to approve
staff's Recommendation No. 4, to ignore the Murphy
Reservation and pay the full appraised value of the
properties along 66th Avenue.
Assistant County Administrator Michael Zito suggesting exploring a title
insurance claim in each individual case.
Motion WAS AMENDED by Vice Chairman Davis,
SECONDED by Commissioner Wheeler, to approve
staff's Recommendation No. 4, to ignore the Murphy
Reservation and pay the full appraised value of the
properties along 66th Avenue, and to explore title
insurance claims where possible.
The Chairman opened the floor for further public input.
Charlene Brown, 5145 66th Avenue, read a statement detailing her reasons for
opposing the County's utilization of the Murphy Reservations. She noted that her family had
been paying taxes on their 60h Avenue property since 1944, and pointed out that many other
landowners on 66th Avenue had also been there for a long time. She pointed out that the County
has already compensated other landowners for Murphy Reservations, and declared that all
landowners should be treated fairly. She believed that the County's only alternative would be to
55
August 12, 2008
compensate the landowners for the full appraised value for their property, and declared that if
their property is taken without just compensation, the landowners would be willing to bring this
issue to Court.
Ruth Stanbridge, 4835 66th Avenue, County historian, felt that the Murphy
Act had been done with good intentions, but over the years, it has been corrupted. She believed
that the anomalies and inconsistencies found in the historical documents along 66th Avenue
would result in massive fees for title searches and lengthy litigations. Mrs. Stanbridge urged the
Board to select Option No. 4, to ignore the Murphy Reservations and pay full appraised value for
the properties.
Attorney DeBraal conveyed that should the validity of a Murphy Reservation
be brought to court, the County would have to hire an expert in eminent domain, and also pay for
the opposing side's expert. He commented that there were a good number of Murphy
Reservations on 66th Avenue, and he encouraged the Board to limit their choice of Option No. 4
to 66th Avenue improvements only, or "burn the book" (of Murphy Deeds) and never use a
Murphy Reservation again, although he would not recommend the latter.
The Board discussed the possibility of other landowners, who have had their
land taken without compensation in a Murphy transaction, contending the Board's payment for
Murphy Reservations on 66th Avenue.
Mrs. Stanbridge mentioned that Nick Miller's Murphy Reservation maps
were flawed, and she cautioned that the County would encounter problems from their use.
Chairman Bowden asked Attorney DeBraal to clarify whether his
recommendation applied only to the properties on 66th Avenue, and he affirmed that this was so.
56
August 12, 2008
Commissioner Wheeler reminded the Commission that the property owners
were paying full price and taxes for their land; he did not know how the County could pick and
choose where they would and would not utilize the Murphy Reservations; and he wanted Option
No. 4 to be applied Countywide. He believed that what has happened with Murphy Reservations
has been wrong, and needs to be corrected.
Chairman Bowden asked Attorney DeBraal to repeat his recommendation.
Attorney DeBraal recommended limiting the recommendation for today's
decision (to ignore the Murphy Reservation and pay full appraised value for the property), to
66th Avenue, adding that this item could be brought back at a later date for further consideration
on policy for future Murphy Reservations.
Discussion ensued as the Board and staff discussed the culpability of the title
insurance companies in determining proper title. Mr. Zito pointed out that there are all kinds of
claims upon properties that a purchaser at a closing would be unaware of, unless they had been
informed by their t title company that they are in the public record. Generally speaking, title
insurance companies are required to search with blinders on, they normally go back 30 years
within the chain of title, if it's older than 30 years, they are generally not responsible. However,
there are some conditions, depending upon how many times the property has been transferred in
the chain, that requires the title searcher to go back to the root of the title, and if they have failed
in that responsibility, the County should be able to preserve that claim.
Commissioner Wheeler wondered if Vice Chairman Davis's Motion would
include the entire County or just the properties on 66th Avenue.
Vice Chairman Davis said his Motion would be specifically for the properties
on 66`h Avenue.
57
August 12, 2008
Commissioners O'Bryan and Wheeler wanted the Motion (to ignore the
Murphy Reservation and pay full appraised value for the properties), to be applied Countywide.
Chairman Bowden stated that she assumed that this item applied to 66th
Avenue, as presented in the backup, and she wanted to keep the vote on that issue. She would be
happy to re -agenda this item.
Attorney DeBraal alerted the Board to the probability of people learning that
the Murphy Reservations on 66th Avenue had been ignored, and coming before the Commission
to demand payment for a Murphy Reservation which had already been utilized by the County,
and for which they had not received compensation.
County Budget Director Jason Brown felt that going backwards and
compensating for previously utilized Murphy Reservations could be potentially financially
disastrous for the County.
A brief discussion ensued between the Board and staff regarding whether there
would be a Statute of Limitations for payment on the Murphy Reservations, and how a lawsuit in
inverse condemnation could be brought by the landowner against the County, if someone wanted
to challenge the County not compensating on other road projects.
retroactively.
Mr. Zito advised that the County could try to make Option 4 not apply
John Jackson, 6855 66th Avenue, asserted that the County has already paid for
some of the Murphy Reservations; thus, people who have never received compensation for their
Murphy Reservations, would have just cause to sue the County.
58
August 12, 2008
Vice Chairman Davis deferred to Attorney DeBraal regarding whether the
Motion could be applied Countywide, and for his recommendation.
Attorney DeBraal pointed out that he had written his memorandum specific to
66th Avenue, and he was asking the Board for direction on negotiating with the landowners who
have property encumbered by a Murphy reservation along 66th Avenue. If the Board wants to
expand beyond 66th Avenue, staff would like the opportunity to look at additional roads, to
evaluate the validity of Murphy Deeds, and bring further information back at a later date.
Vice Chairman Davis, although he agreed with making this Motion
Countywide, deferred to Attorney DeBraal's advice, and stated that his oriLyinal Motion would
stand.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved staff's
Recommendation No. 4, to ignore the Murphy Reservation
and pay full appraised value, only for the properties on
66th Avenue, with the caveat to explore title insurance
claims where possible.
B.B. NECESSITY OF TAKE RESOLUTION FOR A PARCEL OF PROPERTY
LOCATED ON 16TH STREET BETWEEN 66TH AND 74TH A VENUE
Deputy County Attorney William DeBraal recalled that in March 2008, in
conjunction with road improvement plans for 16th Street, staff had been directed to explore
methods of acquiring right-of-way on a 0.60 acre parcel owned by Terry R. and Lyndell R.
Fleming, located on 16th Street between 66th and 74th Avenue. Through a recap of the backup
59
August 12, 2008
memorandum of August 1, 2008, Attorney DeBraal described the road project and the subject
property, and explained the necessity of acquiring the parcel; conveyed the appraisal value of the
property; and outlined the process of filing a lawsuit in eminent domain should the Flemings
not accept the County's offer. He thereafter presented staff's recommendation, to make an
unconditional offer of $15,000.00 (almost twice the appraised value), and then to file a lawsuit in
Eminent Domain, if the offer is rejected.
Assistant Public Works Director Chris Mora thereafter displayed a map of the
subject area and responded to questions from the Board regarding the amount of set -back which
would remain after the right-of-way acquisition.
MOTION WAS MADE by Commissioner Flescher, to
approve staff's recommendation. MOTION FAILED, for
lack of a SECOND.
Linda Fleming, 6880 16th Street, did not believe the road being paved was for
the public good. She divulged that she had only received notice of today's meeting at 7 p.m. last
night; had not seen the appraisal; had not received her "Letter -to -Owner," nor received a written
offer; and has had no negotiations regarding her property. She perceived that the quick take
option was not available to the County.
Staff members provided some explanations for the delay in noticing Mrs.
Fleming, but the Board felt that it was inexcusable, and that there was an inherent problem in the
system.
Apologies were proffered to Mrs. Fleming by the Board and by Administrator
Baird, who provided assurance that the County would sit down with Mrs. Fleming and schedule
some meetings.
60
August 12, 2008
Chairman Bowden thanked Mrs. Fleming for coming to speak to the Board
today, and Administrator Baird reiterated that staff would meet with her at her convenience.
Ted Robinson, 50 Caserea Court, Indian River Shores, did not feel there was
any benefit to the taxpayers from the taking of the Flemings' property.
The Board CONSENSUS was to table this item, and to
find out from Administrator Baird where the process "fell
through."
Clerk's Note: The following Motion was made following Item 15.13.1. and is
placed here for continuity.
ON MOTION BY Commissioner Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved to TABLE this item until a time certain.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -NONE
14. B. COMMISSIONER WESLEYS. DA VIS, VICE CHAIRMAN -NONE
14. C. COMMISSIONER JOSEPH E. FLESCHER-NONE
14.D. COMMISSIONER PETER D. O'BRYAN--NONE
61
August 12, 2008
14. E. COMMISSIONER GARY C. WHEELER NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICESDISTRICT
The Chairman announced that immediately upon adjournment, 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. CONSTRUCTIONSER VICES CONTRACT (PART 2 AGREEMENT) WITH
BARTH CONSTRUCTION FOR THE REPLACEMENT OF INDIAN RIVER
COUNTYFIRE RESCUE STATIONNO. 9
I5.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.I. APPROVAL OFMINUTES REGULAR MEETING OF.%UNE 17.2008
15.B.2. DISPOSAL PROTOCOL FOR CONTAMINATED SOILS AND PERMISSION
TO ADVERTISE FOR PUBLIC HEARING ONSEPTEMBER 09, 2008 TO
AMEND SWDD RATE RESOL UTION
62
August 12, 2008
1 S. B. 3. FUEL TANK RELOCATION FROM FORMER DOT FACILITY TO
LANDFILL — WORK ORDER NO. 15 TO GEOSYNTEC CONSULTANTS
15.B.4. APPROVAL OFBID AWARD FOR IRCBID NO. 2008069
TRANSPORTATION OF STABILIZER TO INDIAN RIVER COUNTY
LANDFILL
15.B.5. AMENDMENT NO. I TO WORK ORDER NO. 16 TO GEOSYNTEC
CONSULTANTS, INC.
15. C. ENVIRONMENTAL CONTROL BOARD -NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned
at 4:33 P.M.
63
August 12, 2008
15.B.4. APPROVAL OF BID AWARD FOR IRCBID NO.2008069
TRANSPORTATIONOFSTABILIZER TOINDIANRIVER COUNTY
LANDFILL
15.B.5. AMENDMENT NO. 1 TO WORK ORDER NO. 16 TO GEOSYNTEC
CONSULTANTS, INC.
15. C. ENVIRONMENTAL CONTROL BOARD -NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned
at 4:33 P.M.
ATTEST:
O
Jeffrey K. Barton, Clerk �2WJ14e—yHDavi , ice Chairman
For: Sandra L. Bowden, Chairman
Minutes Approved: OCT 0 7 2008
BCC/MG/2008Minutes
63
August 12, 2008
8K 135 PG 6 t 4