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HomeMy WebLinkAbout08/19/2008 (3)INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS AUGUST 19, 2008 1. CALL TO ORDER.........................................................................................1 2. INVOCATION................................................................................................1 3. PLEDGE OF ALLEGIANCE.......................................................................1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS..............................................................................................................2 5. PROCLAMATIONS AND PRESENTATIONS - NONE ........................2 6. APPROVAL OF MINUTES.........................................................................2 6.A. SPECIAL CALL MEETING, THE.SOURCE, APRIL 24, 2008 ....................................... 2 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION..................2 7.A. BUSINESS INENTERPRISE ZONE APPOINTEE VACANCY ONENTERPRISE ZONE DEVELOPMENT AGENCY.......................................................................................... 2 8. CONSENT AGENDA.....................................................................................3 8.A. APPROVAL OF WARRANTS -AUGUST I, 2008—AUGUST 8, 2008 ........................... 3 1 August 19, 2008 8.B. APPROVAL OFFLORIDA POWER & LIGHT (FPL) EASEMENT GOLDENSANDS PARKPROJECT......................................................................................................... 3 8.0 PARKING AGREEMENT WITH FIRST UNITED METHODIST CHURCH ...................... 4 8.D. OUT OF COUNTY TRAVEL TO ATTEND FLORIDA ASSOCIATION OF COUNTIES 2008-09 POLICY COMMITTEE CONFERENCE.......................................................... 4 8.E. APPROVAL OF WORK ORDER NO. MCI wITHPENINSULA HYDROLOGICDATA SPECIALISTS, INC. FOR WATER QUALITY TESTING AND SUPPORT SERVICES FOR THE MAIN RELIEF CANAL POLL UTION CONTROL SYSTEM .................................... 5 8.F. APPROVAL OF 2008/2009 STATE FUNDED SUBGRANT AGREEMENT TO UPDATE INDIANRIVER COUNTY'SHAZARDSANALYSIS....................................................... 5 8.G. LOGICAL AND PHYSICAL DATABASE DESIGN, APPROVAL OF FINAL PAYMENT TO CONTRACTOR, GEOGRAPHIC TECHNOLOGIES GROUP, INC. PROFESSIONAL SERVICES MASTER AGREEMENT PROJECT 5032, WORK ORDER #4 ...................... 6 8.H. APPROVAL OF FINAL PAYMENT AND RELEASE OF RETAINAGE FOR MALCOLM PIRNIE, INC. WORK ORDER NO.2 EM FOR EGRET MARSH REGIONAL STORMWATERPARK................................................................................................. 6 8.L WORK ORDER No. AMET-]EM, A.M. ENGINEERING AND TESTING, INC. GEOTECHNICAL PROFESSIONAL CONSULTANTS FOR: PROFESSIONAL GEOTECHNICAL SERVICES FOR EGRET MARSH STORMWATER PARK PUMPING STATION "D"FULL AND FINAL PAYMENT.............................................................. 7 8.J. MISCELLANEOUS BUDGETAMENDMENT 018 ......................................................... 7 S.K. WABASSO BEACHRESTORATION-SECTOR 3 FDEP GRANTAGREEMENT NO. 07181 -AMENDMENT NO.1................................................................................... 8 8.L. FLORIDA POWER AND LIGHT (FPL) AGREEMENT TO INSTALL ADDITIONAL STREET LIGHTS IN THE WABASSO STREET LIGHTING DISTRICT ........................... 8 8.M. RIGHT-OF-WAYACQUISITION- CRSIO COUNTYROAD PROJECT # 0610, 5770, 5750 AND 5730 85TH STREET, LOCATED ON THE NORTHEAST CORNER OF 85TH STREETAND 58THAVENUE, DAVID ELDELL/OwNER.............................................. 9 8.N. ROBERTH. COOK, JR., 26THSTREET(82vDAVENUE TO 74THAVENUE) PAVING PROJECT................................................................................................................... 9 8.0. REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR PARCEL #30-39-33-00001-0000-00018.1 LocATEDAT12635HIGHwAYAlA ................10 2 August 19, 2008 8.P. APPROVAL WORK ORDER NO. 6 (ENGINEERING) WITH CTI- CONSTRUCTION TESTING & INSPECTION, INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICESINACCORDANCE WITHTHEANNUAL GEOTECHNICAL SERVICES CoNTRACT No. 0534 ..............................................................................................10 8.Q. APPROVAL OF BID AWARD FOR IRC BID NO. 2008060, ANNUAL BID FOR GENERATOR MAINTENANCE..................................................................................11 8.R. AWARD OF BID # 2008062, PETITIONPAVING OF IOTH COURT SW FROM OSLO ROAD TO 7TH STREET SW AND PETITION PAVING OF IST ROAD SW FROM 35TH AVENUE TO 32ND A VENUE, IRC PROJECT NO. 0436 AND 0522 ............................11 8.S. APPROVAL OFBID AWARD FOR IRCBID NO.2008065, FURNISH TWO (2) 150 HP VARIABLE FREQUENCYDRIVES(VFDS)........................................................12 8.T HARRYKLIMAS' REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS OAK ISLAND ESTATES FIKIA OAK ISLAND PHASE 3 .......................12 8.U. SA TOR L.L. C 'S REQUEST FOR FINAL PLATAPPROVAL FOR A SUBDIVISION TO BE KNOWN AS VENEZIA ESTATES FIKIA INDIAN LAKE ESTATES ..........................13 8.V CONSIDERATION OF COMMUNITYDEVELOPMENT BLOCK GRANT DISASTER RECOVERYINITIATIVE MODIFICATION#5............................................................13 8.W. AWARD OF CONTRACTS - RFP 2008061- BASIC LIFE, VOL UNTARYLIFE, AND VOL UNTARYPRODUCTS.........................................................................................14 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES- NONE.....................................................................................14 10. PUBLIC ITEMS............................................................................................14 IO.A. PUBLIC HEARINGS.................................................................................................14 1O.A.I. POINTE WEST OF VERO BEACH, LTD. 'S REQUEST TO MODIFY THE APPROVED PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN FOR POINTE WEST(LEGISLATIVE)............................................................................................15 1O.B. PUBLIC DISCUSSION ITEMS - NONE......................................................................16 10.C. PUBLIC NOTICE ITEMS..........................................................................................16 3 August 19, 2008 10. C.I.A. QUAIL RIDGE, INC.: REQUEST TO AMEND THE TEXT OF THE TRANSPORTATIONELEMENT OF THE COMPREHENSIVE PLAN TO REMOVE SEGMENTS OF 61 ST STREET BETWEEN 74TH A VENUE AND 90TH A VENUE AND REMOVE SEGMENTS OF 65TH STREET BETWEEN 74THA VENUE AND I-95 FROM THE COUNTY'S EXTENDED ROADWAY GRID MAP (FIG 4.10) (LEGISLATIVE. .... 16 10. C I.B. INDIAN RIVER COUNTY: REQUEST FOR ANABANDONMENT OFA PORTION OF 130TffSTREET (GIBSONSTREET) RIGHT-OF-WAYAND AN UNNAMED RIGHT-OF-WAYINROSELAND (LEGISLATIVE)....................................................17 11. COUNTY ADMINISTRATOR'S MATTERS - NONE .......................... 17 12. DEPARTMENTAL MATTERS.................................................................17 12.A. COMMUNITYDEVELOPMENT - NONE....................................................................17 12.B. EMERGENCYSERVICES-NONE.............................................................................17 12.0 GENERAL SERVICES...............................................................................................17 12. C I. TRANSFER OF LEASE AND CONCESSIONAGREEMENT WITH CAPCAN, INC. (CANNON'S COUNTY CAFE) ...................................................................................17 12.02. FPLENERGYSERVICESMASTERAGREEMENTAPPROVAL .............................19 12.D. HUMAN RESOURCES - NONE................................................................................. 20 I2.E. HUMANSERVICES -NONE .....................................................................................20 12. F. LEISURE SER VICES - NONE.................................................................................... 20 12.G. OFFICE OF MANAGEMENT AND BUDGET- NONE ................................................. 20 12.H. RECREATioN-NONE ..............................................................................................20 12.L PUBLIC WORKS - NONE.......................................................................................... 20 12.J UTILITIES SERVICES - NONE................................................................................. 20 13. COUNTY ATTORNEY MATTERS.........................................................20 B.A. VALUEADJUSTMENTBOARD CITIZENAPPoINTEE.............................................. 20 14. COMMISSIONER ITEMS.........................................................................21 4 August 19, 2008 M.A. COMMISSIONER SANDRA L. BowDEN, CHAIRMAN ............................................... 21 14.A.I. FLORIDA MANUFACTURING EXTENSIONPARTNERSHIP.................................. 21 14.B. COMMISSIONER WESLEYS DAVIS, VICE CHAIRMAN -NONE .............................21 14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE .................................................... 21 14.D. COMMISSIONER PETER D. O' BRYAN.................................................................... 21 14.D.1. ADDITION.SEBASTIANHIGHSCHOOLAND VEROBEACHHIGHSCHOOL FOOTBALL.............................................................................................................. 22 14.E. COMMISSIONER GARY C. WHEELER - NONE ........................................................ 22 15. SPECIAL DISTRICTS AND BOARDS....................................................22 15.A. EMERGENCYSERVICES DISTRICT - NONE............................................................ 22 15.B. SOLID WASTE DISPOSAL DISTRICT....................................................................... 22 15.B.1. NOTICEOFSCHEDULEDPUBLICHEARINGONSEPTEMBER9,2008ADOPTAN AMENDMENT TO THE SWDD RATE RESOL UTION (LEGISLATIVE ....................... 22 15.B.2. 2008 PETITION HEARING, SOLID WASTE DISPOSAL DISTRICT ASSESSMENT FEES....................................................................................................................... 22 15. C ENVIRONMENTAL CONTROL BOARD - NONE ........................................................ 23 16. ADJOURNMENT.........................................................................................23 5 August 19, 2008 August 19, 2008 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 180127 th Street, Vero Beach, Florida, on Tuesday, August 19, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley S. Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also present were County Administrator Joseph A. Baird, Deputy County Attorney William K. DeBraal, and Deputy Clerk Leona Adair Allen. 1. CALL TO ORDER Chairman Bowden called the meeting to order at 9:01 a.m. 2. INVOCATION Community Planning Director Stan Boling delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Wheeler led the Pledge of Allegiance to the Flag. (Clerk's Note: At Chairman Bowden's request, Emergency Services Director John King, provided a weather update on Tropical Storm Fay. The Board also recognized Jim Granse on his 90th birthday). 7 August 19, 2008 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Football. 1. Deletion: Item 14.A.1. Florida Manufacturing Extension Partnership. 2. Addition: Item 14.D.1. Sebastian High School and Vero Beach High School ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS - NONE 6. APPROVAL OF MINUTES O.A. SPECIAL CALL MEETING, THE SOURCE, APRIL 24, 2008 The Chairman asked if there were any additions, deletions or corrections to the Minutes of the Special Call Meeting, The Source, April 24, 2008. There were none ON MOTION by Commissioner Wheeler, SECONDED by Vice Chairman Davis, the Board unanimously approved the Minutes of the Regular Meeting of April 24, 2008, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION 7.A. BUSINESSINENTERPRISEZONEAPPDINTEE VACANCYONENTERPRISE ZONE DEVELOPMENT AGENCY 2 August 19, 2008 8. CONSENT AGENDA Commissioner O'Bryan requested to pull Item 8.J. for discussion. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Consent Agenda, as amended. 8.A. APPROVAL OF WARRANTS—AUGUST ], 2008—AUGUST 8, 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 August 1, 2008 to August 8, 2008, as requested in the memorandum of August 8, 2008. 8.B. APPROVAL OF FLORIDA POWER & LIGHT (FPL) EASEMENT GOLDEN SANDS PARK PROJECT ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the FPL Easement, and authorized the Chairman to execute same, as recommended in the memorandum of August 8, 2008. COPY OF EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 3 August 19, 2008 8.C. PARKING AGREEMENT WITH FIRST UNITED METHODIST CHURCH ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the reciprocal Parking Agreement with First United Methodist Church, as recommended in the memorandum of August 13, 2008. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.D. OUT OF COUNTY TRAVEL TO ATTEND FLORIDA ASSOCIATION OF COUNTIES 2008-09 POLICY COMMITTEE CONFERENCE ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved out of County travel for Commissioners and staff to attend the 2008-09 Florida Association of Counties (FAC) 2008-09 Policy Committee Conference in Clearwater Beach, Florida, from September 24 through 26, 2008, as recommended in the memorandum of August 11, 2008. 4 August 19, 2008 8.E. APPROVAL OF WORK ORDER NO. MCI WITHPENINSULA HYDROLOGIC DATA SPECIALISTS. INC. FOR WATER QUALITY TESTING AND SUPPORT SER VICES FOR THE MAIN RELIEF CANAL POLLUTION CONTROL SYSTEM ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Work Order No. MCI, with Peninsula Hydrologic Data Specialists, Inc., and authorized the Chairman to execute same, as recommended in the memorandum of August 5, 2008. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.F. APPROVAL OF 2008/2009 STATE FUNDED SUBGRANT AGREEMENT TO UPDATEINDIANRIVER COUNTY'S HAZARDS ANALYSIS ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously: (1) approved the State -Funded Subgrant Agreement with the Florida Division of Emergency Management; and (2) accepted the funding provided in the Agreement; and (3) approved that the budget assignment for this funding be deferred until the Emergency Management Preparedness Agreement is approved by the Board in September, as recommended in the memorandum of August 7, 2008. 5 August 19, 2008 AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.G. LOGICAL AND PHYSICAL DATABASE DESIGN. APPROVAL OF FINAL PAYMENT TO CONTRACTOR. GEOGRAPHIC TECHNOLOGIES GROUP. INC. PROFESSIONAL SERVICES MASTER AGREEMENT PROJECT 5032. WORK ORDER #4 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved final payment in the amount of $17,500.00 to Geographic Technologies Group, Inc. for Supplemental Work Order No. 4, as recommended in the memorandum of August 6, 2008. 8.H. APPROVAL OF FINAL PAYMENT AND RELEASE OF RETAINAGE FOR MAL COLM PIRNIE, INC. WORK ORDER No. 2 -EM FOR EGRET MARSH REGIONAL STORMWA TER PARK ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously authorized payment of Malcolm Pirnie's final invoice, including release of retainage, in the amount of $7,596.00, as recommended in the memorandum of August 7, 2008. G August 19, 2008 8.L WORK ORDER NO. AMET-JEM, A.M. ENGINEERING AND TESTING. INC. GEOTECHNICAL PROFESSIONAL CONSULTANTS FOR: PROFESSIONAL GEOTECHNICAL SERVICES FOR EGRET MARSH STORMWATER PARK PUMPING STATION "D"FULL AND FINAL PAYMENT ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved payment of Invoice No. 45579, in the amount of $1,665.00 for the full and final payment of Work Order No. AMET-IEM, as recommended in the memorandum of August 8, 2008. 8. J. MISCELLANEOUS BUDGET AMENDMENT 018 Commissioner O'Bryan revealed that this allocation of funds to the Rockridge community will finish the swales and drainage improvements that were started in 2004. He acknowledged that the "start-up ceremony" for the new pump system is scheduled for August 22, 11: MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, to approve the budget resolution amending the fiscal year 2007/08 budget. Under discussion, Vice Chairman Davis emphasized that this had been a phenomenal project ever since it started, and he praised the Homeowners Association's efforts in working with the contractor. 7 August 19, 2008 The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board approved Resolution 2008-117, amending the Fiscal Year 2007-08 Budget. 8.K. WABASSo BEACHRESToRATIoN— SECTOR 3 FDEP GRANT AGREEMENT NO. 07IRI —AMENDMENT NO. I ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Amendment No. 1 to FDEP Grant Agreement No. 071R1, and authorized the Chairman to execute same, as recommended in the memorandum of August 11, 2008. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.L. FLORIDA POWER AND LIGHT (FPL) AGREEMENT TO INSTALL ADDITIONAL STREET LIGHTS IN THE WABASSO STREET LIGHTING DISTRICT ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously authorized the County Administrator to sign the FPL Street Lighting Agreement, thereby authorizing FPL to proceed with the installation of two additional street lights in the Wabasso area, as recommended in the memorandum of August 13, 2008. 8 August 19, 2008 AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.M. RIGHT-OF-WAYACQUISITION— CR510 COUNTYROAD PROJECT # 0610.5770.5750 AND 5730 85TH STREET. LOCATED ON THE NORTHEAST CORNER OF85THSTREETAND 58THAVENUE. DAVID ELDELL/OWNER ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Alternative No. 1, the purchase of the parcels, and authorized the Chairman to execute the Purchase Agreement, as recommended in the memorandum of August 5, 2008. RIGHT-OF-WAY ACQUISITIONS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.N. ROBERTH. COOK. JR., 26THSTREET (82"DAVENUE TO 74THAVENUE) PAVING PROJECT ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Alternative No. 1, the $63,980.00 purchase, and authorized the Chairman to execute the Agreement, as recommended in the memorandum of August 6, 2008. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9 August 19, 2008 8.0. REOUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR PARCEL #30-39-33-00001-0000-00018.1 LocATED AT 12635 HIGHwAYA1A ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Alternative No. 1, granting the cut and fill balance waiver based on the criteria of Section 930.07(2)(d)l, as recommended in the memorandum of August 11, 2008. 8.P. APPROVAL WORK ORDER NO. 6 (ENGINEERING) WITH CTI — CONSTRUCTION TESTING & INSPECTION, INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES INACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO. 0534 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously: (1) approved Work Order No. 1 (Engineering) to CTI Construction Testing and Inspection, Inc.; (2) authorized the projects as outlined in the Scope of Services; and (3) authorized the Chairman to execute the Work Order for a not -to -exceed amount of $17,658.06, as recommended in the memorandum of August 8, 2008. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10 August 19, 2008 8.0. APPROVAL OF BID AWARD FOR IRC BID NO. 2008060. ANNUAL BID FOR GENERATOR MAINTENANCE ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously: (1) approved the bid award to C.J.'s Sales and Service of Ocala, Inc., as the lowest and most responsive bidder meeting the specifications as set forth in the Invitation to Bid; (2) authorized the Purchasing Division to issue blanket purchase orders or individual job purchase orders, as needed, for the period of October 1, 2008 through September 30, 2009 with the recommended bidder; and (3) authorized the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance and the determination that renewal of this annual bid is in the best interest of Indian River County, as recommended in the memorandum of August 13, 2008. 8.R. AWARD OF BID # 2008062. PETITIONPAVING OF LOTH COURT SW FROM OSLO ROAD TO %TH STREET SW AND PETITIONPAVING OF jsr ROAD SW FROM 35TH AVENUE TO 32" AVENUE. IRCPROJECT NO. 0436 AND 0522 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved 11 August 19, 2008 the contract be awarded to SPS Contracting, Inc., in the amount of $408,412.90, as recommended in the memorandum of August 11, 2008. 8.S. APPROVAL oFBIDAwARD FoR IRCBID N6.2008065, FURNIsH Two (2) 150 HP VARIABLE FREQUENCYDRIVES (VFDS) ON MOTION Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved: (1) the bid be awarded to World Electric Supply as the lowest most responsive and responsible bidder, meeting the specifications as set forth in the Invitation to Bid; and (2) the issuance of a purchase order, as recommended in the memorandum of August 13, 2008. 8.T. HARRYKLIMAS' REpUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWNAS OAK ISLAND ESTATES FIKIA OAK ISLAND PHASE 3 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously granted final plat approval for Oak Island Estates, as recommended in the memorandum of August 11, 2008. 12 August 19, 2008 8.U. SATOR L.L. C.'S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWNAS VENEZIA ESTATES FIKIA INDIANLAKE ESTATES ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously granted final plat approval for Venezia Estates, as recommended in the memorandum of August 12, 2008. 8.V. CONSIDERATION OF COMMUNITYDEVELOPMENT BLOCK GRANT DISASTER RECOVERYINITIATIVE MODIFICATION #S ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved proposed Modification No. 5 to the Disaster Recovery Initiative Community Development Block Grant with the Department of Community Affairs (DCA), and authorized the Chairman to execute the appropriate documents for transmittal to DCA, as recommended in the memorandum of August 11, 2008. MODIFICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13 August 19, 2008 8.W. AWARD OF CONTRACTS — RFP 2008061— BASIC LIFE. VOLUNTARY LIFE, AND VOL UNTAR Y PRODUCTS ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the award of contracts to the following successful bidders: The Standard Life Insurance Company (Basic Life Insurance); The Standard Life Insurance Company (Voluntary Life Insurance); Reliance Standard Insurance Company (Long -Term Disability Insurance); Guardian (Dental Insurance Plan — renewal); and American Family Life Assurance Company — AFLAC (Other Voluntary Products), as recommended in the memorandum of August 13, 2008. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLIC HEARINGS 14 August 19, 2008 I Q.A.I. POINTE WEST OF VERO BEACH, LTD. Is REQUEST TO MODIFY THE APPROVED PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN FOR POINTE WEST (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Planning Director Stan Boling recapped the backup memorandum of August 8, 2008, and pointed out the areas that would be affected by the proposed modifications. He acknowledged that staff recommends approving the conceptual Planned Development (PD) modifications with the conditions that are listed in the staff report. Commissioner O'Bryan said he had worked with the applicant, as well as staff, and believed it was good to allow PD flexibility. He also mentioned citizen concerns that had been resolved. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, the Board unanimously approved the conceptual PD plan modifications with the following conditions: (1) That commercial and office uses within the SR 60 commercial area shall be limited to general and medical offices and a maximum 10,500 square feet of retail uses. The total office and retail building floor area within the SR 15 August 19, 2008 60 commercial area shall not exceed 112,650 square feet, subject to the 15% expansion allowance provided in Condition No. 3 below; (2) That prior to the issuance of a C.O. (Certificate of Occupancy) for more than 65,000 square feet of commercial floor area within the SR 60 commercial area, the applicant shall construct a minimum of 25,000 square feet of commercial floor area in Town Center; (3) That up to 15% of the allowable commercial/office building area for the Town Center area or SR 60 Commercial Area may be shifted between the SR 60 commercial area and the Town Center commercial with staff approval; and (4) That the security gate prohibition be removed for the Lakes at Pointe West and the East Village, allowing security gates to control vehicular access. Pedestrian access shall not be restricted to these areas, all as recommended in the memorandum of August 8, 2008. 1O.B. PUBLICDISCUSSIONITEHS - NONE 10.0 PUBLIC NOTICE ITEMS IO. C.I.A. OUAIL RIDGE. INC.: REQUEST TO AMEND THE TEXT OF THE TRANSPORTATIONELEHENT OF THE COMPREHENSIVE PLAN TO REHOVE SEGMENTS OF 61ST STREET BETWEEN 74THAVENUE AND 90T" AVENUE AND REMOVE SEGMENTS OF 65TH STREET BETWEEN 74TH 16 August 19, 2008 AVENUE AND I-95 FROM THE COUNTY'S EXTENDED ROADWAY GRID MAP (FIG 4.10) (LEGISLATIVE 1O.C.I.B. INDIANRIVER COUNTY: REQUEST FOR ANABANDONMENT OFA PORTION OF 130TH STREET (GIBSONSTREET) RIGHT-OF-WAYAND AN UNNAMED RIGHT-OF-WAYINROSELAND (LEGISLATIVE) The Chairman read the above notices into the record and acknowledged that they were both scheduled for the Board of County Commission Meeting of September 9, 2008. 11. COUNTY ADMINISTRATOR'S MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITYDEVELOPMENT - NONE 12.B. EMERGENCYSERVICES - NONE 12. C. GENERAL SERVICES 12. C. I. TRANSFER OF LEASE AND CONCESSIONAGREEMENT WITH CAPCAN, INC. (CANNON'S COUNTY CAFE) General Services Director Tom Frame acknowledged that a request had been received from Pat and Chuck Cannon, who operates the cafe under the name of Capcan, Inc., requesting to transfer the current lease and concession agreement to Betty Nobles, who agrees to assume the lease. He said he reviewed the request and found it to be reasonable, but needed the 17 August 19, 2008 Board to approve this transfer at a formal Board meeting. He recommended approval be granted to the "assumption", subject to the annual increase which is based on a 3% increase of CPI index (whichever is greater); plus maintaining the operation of the current cafe until all appropriate license transfers have been accomplished. Vice Chairman Davis requested to abstain from this vote since he has a relative involved in the transaction. Assistant County Attorney Marian Fell informed Vice Chairman Davis that the law requires him to vote unless he has a conflict, and an aunt is not considered a relative under the Statute; moreover, he does not have a business relationship with his aunt. Attorney Fell acknowledged that Betty Nobles (his aunt) had filled out the required disclosure of relationship form, and noted there is no prohibition in the ordinance, it is just an informational matter. Pat Cannon, owner of the Cannon's County Cafe, acknowledged that Vice Chairman Davis had nothing to do with the cafe transfer, and requested the Press Journal print the story correctly. Judy Hunt, another aunt of Vice Chairman Davis, disclosed that Pat was ready to call the deal off and give her 30 -day resignation due to an earlier article in the Press Journal. Administrator Baird clarified the confusion of the Press Journal article. He acknowledged it as a business transaction between two people, and said that the lease is changing from one entity to another. 18 August 19, 2008 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Flescher, the Board unanimously: (1) approved the Lease Assumption subject to compliance with all the current requirements of the lease including the annual adjustment to the rent and subject to the County Attorney's approval of the Lease Assumption Agreement; (2) authorized the County Administrator to execute the Lease Assumption Agreement between the County and Ms. Nobles; and (3) approved the current lease holder (Capcan, Inc.) to continue its operation pending the appropriate approval or transfer of any local, State or Health permits, or licenses that are required to be obtained by Ms. Nobles, as recommended in the memorandum of August 12, 2008. 12.C.2. FPL ENERGYSER VICES MASTER AGREEMENT APPROVAL Director Frame recapped the memorandum of August 14, 2008, and indicated that the Master Agreement would allow FPL Energy Services and staff to jointly review the projects that have significant potential for cost savings. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously: (1) approved the Master Agreement with FPL Energy Services; (2) authorized the Chairman to execute the Master Agreement; and (3) authorized the County Administrator to execute the Feasibility Study Authorization forms, up to the $50,000 authorized limit, for 19 August 19, 2008 each scope of work, all as recommended in the memorandum of August 14, 2008. 12.D. HUMANRESOURCES - NONE 12.E. HUMANSERVICES - NONE 12.F. LEISURE SERVICES - NONE 12.G. OFFICE OF MANAGEMENT AND BUDGET- NONE 12.L PUBLIC WORKS - NONE 12. J. UTILITIES SER VICES - NONE 13. COUNTY ATTORNEY MATTERS 13.A. VALUE ADJUSTMENT BOARD CITIZENAPPOINTEE Deputy County Attorney William DeBraal explained the recent Legislative changes to the composition of the Value Adjustment Board and how it now requires an appointment of a citizen member. He acknowledged that this position was advertised on the Clerk's and the County's websites, and recommended the Board choose one of the two applicants to serve on the Value Adjustment Board. 20 August 19, 2008 MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Davis, to nominate Duane Weise for the citizen position on the Value Adjustment Board. Under discussion, Vice Chairman Davis wanted to know if there should be an alternate citizen position assigned, since there were two qualified applicants. Attorney DeBraal indicated that it was not necessary since there is no provision for one in the Statute. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board approved the nomination of Duane Weise as the citizen member for the Value Adjustment Board. 14. COMMISSIONER ITEMS M.A. COMMISSIONER SANDRA L. BOWDEN. CHAIRMAN 14.A. I. FLORIDA MANUFACTURING EXTENSION PARTNERSHIP This Item was deleted by Chairman Bowden 14.8. COMMISSIONER WESLEY S. DAMS, VICE CHAIRMAN- NONE 14. C. COMMISSIONER .JOSEPH E. FLESCHER - NONE 14.D. COMMISSIONER PETER D. O'BRYAN 21 August 19, 2008 14.D.1. ADDITION: SEBASTIANHIGHSCHOOL AND VERO BEACHHIGH SCHOOL FOOTBALL Commissioner O'Bryan and Vice Chairman Davis invited the community to attend and support the Sebastian River High School and Vero Beach High School football game on Friday, August 29, 2008, at 7:30 p.m., at the Sebastian Stadium. They pointed out that some of the money goes to the "Dollars for Scholars" program. 14.E. COMMISSIONER GARY C. WHEELER - NONE 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCYSERVICES DISTRICT - NONE 15. B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Board of County Commissioners 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. NOTICE OF SCHEDULED PUBLIC HEARING ONSEPTEMBER 9. 2008 ADOPT ANAMENDMENT TO THE SWDD RATE RESOLUTION (LEGISLATIVE) 15.B.2. 2008 PETITIONHEARING. SOLID WASTE DISPOSAL DISTRICT ASSESSMENT FEES 22 August 19, 2008 V4.. 4we 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 9:35 a.m. ATTEST: Jeffrey arton, Clerk Minutes Approved: OCT — 7 2008 BCC/LAA/2003Minutes August 19, 2008 ell, Wesley S. Davis, Vice -Chairman 23 8K 135 PG 657