HomeMy WebLinkAbout09/16/2008 (3)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 16, 2008
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
S.A. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 16 —19, 2008
AS INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY 2
S.B. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 20, 2008 AS
THE OCEAN CONSERVANCY'S INTERNATIONAL COASTAL CLEANUP IN INDIAN
RIVER COUNTY DAY 3
5.C. PRESENTATION BY GERALDINE MCPHERSON, FLORIDA ATLANTIC
UNIVERSITY, TREASURE COAST CAMPUS VICE PRESIDENT, AND DR. SHIRLEY
POMPONI, EXECUTIVE DIRECTOR OF HARBOR BRANCH OCEANOGRAPHIC
INSTITUTE, CONCERNING ECONOMIC DEVELOPMENT EFFORTS ALONG
FLORIDA'S RESEARCH COAST 3
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September 16, 2008
6. APPROVAL OF MINUTES 4
6.A. JOINT WORKSHOP, ILA -USB JULY 28 23, 2008 4
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION 4
7.A. CHANGE IN INDIAN RIVER COUNTY SCHOOL DISTRICT APPOINTEE TO THE
ECONOMIC DEVELOPMENT COUNCIL 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES -AUG 29 TO SEPT 4, 2008 5
8.B. DELETIONS OF CAPITAL ASSETS LESS THAN $750 AND DECLARING VARIOUS
ASSETS TO BE APPROVED FOR SURPLUS/DESTRUCTION 5
8.C. OUT OF COUNTY TRAVEL FOR COMMISSIONERS TO ATTEND THE FLORIDA
FORUM FOR COUNTY LEADERS: AN ADVANCED COMMISSIONER EDUCATION
PROGRAM 5
8.D. RATIFICATION OF DOCUMENTS EXECUTED BY THE COUNTY ADMINISTRATOR
OR DESIGNEE, ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS,
UNDER AUTHORITY OF RESOLUTION NO. 2008-097, FROMAUGUST 20, 2008
THROUGH SEPTEMBER 8, 2008 6
8.E. TRANSFER OF RESPONSIBILITY OF COMPLETING SIDEWALKS IN OAK HOLLOW
ESTATES SUBDIVISION FROM DEVELOPER TO POA 7
8.F. CORRECTIONS TO RESOL UTION2008-116 CONCERNING RIGHT-OF-WAY
ACQUISITION 7
8.G. APPROVAL WORK ORDER No. 2 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
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September 16, 2008
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO.
0534, 8TH STREET SIDEWALK PROJECT, FROM U.S. HWY. 1 TO 6TH AVENUE,
IRC PROJECT #0744 8
8.H. APPROVAL WORK ORDER No. 3 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO.
0534, el STREET SIDEWALK PROJECT, FROM 18TH COURT TO OLD DIXIE
HWY., IRC PROJECT #0455 8
8.L APPROVAL WORK ORDER No. 4 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO.
0534, INDLANRIVER BLVD. SIDEWALK IMPROVEMENTS FROM 12TH ST. TO 17TH
Sr., IRC PROJECT #0745 9
8.J. APPROVAL WORK ORDER No. 5 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO.
0534, 12TH STREET SIDEWALK PROJECT, FROM 167.11AVENUETO 11171 PLACE —
IRC PROJECT #0216 10
8.K. APPROVAL WORK ORDER No. 6 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO.
0534, 127.11 STREET SIDEWALK PROJECT, FROM 43" AVENUE TO27THAVENUE,
IRC PROJECT #0604 10
8.L. ADDENDUM NO. 1 TO THE PROFESSIONAL ENGINEERING AGREEMENT WITH
MASTELLER & MOLER, INC. - SERVICES FOR DESIGN AND PERMITTING OF
17TH LANE S.W. FROM 27TH AVENUE EAST APPROXIMATELY 900 LF—IRC
PROJECT NO. 0803, FULL AND FINAL PAY 11
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September 16, 2008
8.M. AUTHORIZE ADVERTISEMENT FOR A PUBLIC HEARING FOR THE PURPOSE OF
CONSIDERING AN ORDINANCE TO AMEND CHAPTER 105. PURCHASING,
VOLUME I, CODE OF ORDINANCES, INDL4NRIVER COUNTY, FLORIDA 11
8.N. BID AWARD: IRC BID No. 2009003 ANNUAL BID FOR ELEVATOR
MAINTENANCE, GENERAL SERVICES/FACILITIES MANAGEMENT 12
8.0. 2008/2009 STATE OF FLORIDA, DEPARTMENT OF HEALTH CONTRACT 13
8.P. PROFESSIONAL ENGINEERING SERVICES AGREEMENT, CR 512 CORRIDOR
IMPROVEMENTS - IRC PROJECT NO. 9611, ADDENDUM NO. 11 (MASTELLER &
MOLER, INC.) -RELEASE OF RETAINAGE 13
8.Q. WORK ORDER No. 11 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGNASSOCIATES, INC. FOR PEDESTRL4N
BRIDGE OVER 14TH STREET CANAL, INDIAN RIVER COUNTY PROJECT NO. 0745....13
8.R. TERMINATION OF INTERLOCAL AGREEMENT BETWEEN SCHOOL DISTRICT AND
INDIAN RIVER COUNTY FOR VIDEO RECORDING SERVICES 14
8.S. INDIAN RIVER COUNTY BID No. 2009008, ANNUAL BID FOR PEST CONTROL
SERVICES, GENERAL SERVICES/FACILITIES MANAGEMENT 14
8.T. MISCELLANEOUS BUDGET AMENDMENT 020 15
8.U. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66THAVENUEFROM SOUTH OF SR60 TO
59TH STREET 15
8.V. APPROVAL OF SUPPLEMENTAL EMERGENCY MANAGEMENT PREPAREDNESS
GRANT AGREEMENT 09 -BG -20-10-40-01 16
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE 16
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September 16, 2008
10. PUBLIC ITEMS 16
10.A. PUBLIC HEARINGS 16
10.A.1. IMAGINE SCHOOLS' REQUEST TO MODIFYA CONDITION OF THE SPECIAL
EXCEPTION USE APPROVAL FOR THE IMAGINE SCHOOLS 4TH STREET FACILITY —.16
10.A.2. ALLIANCE HOLDING, LL C'S (RACETRAC'S) REQUEST FOR ABANDONMENT
OFA PORTION OF 107TH COURT BETWEEN 94TH STREET AND CR 512 IN VERO
LAKE ESTATES 28
10.B. PUBLIC DISCUSSION ITEMS 28
10.B.1. REQUEST TO SPEAK FROM JEFF THOMPSON REGARDING IMPACT FEES 29
10.B.2 REQUEST TO SPEAK FROM CHUCK MECHLING REGARDING PROCEDURE FOR
IMPACT FEE WORKSHOP 29
10.C. PUBLIC NOTICE ITEMS 29
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR SEPTEMBER
23, 2008: 30
RYALL ACQUISITION GROUP, LLC'S REQUEST TO REZONE APPROXIMATELY 585.57
ACRES FROMA-1, AGRICULTURAL 1 (UP TO 1 UNIT/5 ACRES), RS -3,
RESIDENTIAL SINGLE-FAMILY (UP TO 3 UNITS/ACRE), RM -3, RESIDENTIAL
MULTI -FAMILY (UP TO 3 UNITS/ACRE), RM -6, RESIDENTIAL MULTI -FAMILY
(UP TO 6 UNITS/ACRES), RM -8, RESIDENTIAL MULTI -FAMILY (UP TO 8
UNITS/ACRE), AND CON -2, ESTURINE WETLAND CONSERVATION DISTRICT TO
PLANNED DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN (PDTND)
AND OBTAIN CONCEPTUAL PLANNED DEVELOPMENT PLAN APPROVAL FOR A
PROJECT TO BE KNOWN AS LIBERTY PARK 30
11. COUNTY ADMINISTRATOR'S MATTERS -NONE 30
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September 16, 2008
12. DEPARTMENTAL MATTERS 30
12.A. COMMUNITY DEVELOPMENT 30
12.A.1. REQUEST TO INITIATE COMPREHENSIVE PLAN CHANGES TO ALLOW LIMITED
RECREATIONAL VEHICLE USE IN MOBIL HOME RENTAL PARKS 30
12.A.2. CONSIDERATION OF PLANNING & ZONING COMMISSION
RECOMMENDATIONS ON MINING REGULATIONS & GROUNDWATER ISSUES 31
12.B. EMERGENCY SERVICES -NONE 36
12. C GENERAL SERVICES -NONE 36
12.D. HUMAN RESOURCES -NONE 36
12.E. HUMAN SERVICES -NONE 37
12.F. LEISURE SERVICES -NONE 37
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 37
12.H. RECREATION -NONE 37
12i PUBLIC WORKS -NONE 37
12.1. UTILITIES SERVICES- NONE 37
13. COUNTY ATTORNEY MATTERS 37
13.A. DEVELOPER AGREEMENT WITH DEL LAGO INC. D/B/A/RACE TRAC 37
13.B. PURCHASE OF MARK'S MOBIL FOR THE STATE ROAD 60/43RD AVENUE
INTERSECTION IMPROVEMENT 38
14. COMMISSIONER ITEMS 41
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September 16, 2008
14.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -NONE 41
14.B. COMMISSIONER WESLEY$. DAVIS, VICE CHAIRMAN 41
14.B. 1. DRAFT LETTER REQUESTING FUNDING PARTICIPATION FOR AN UPDATED
STUDY ON THE HYDROGEOLOGY OF INDIAN RIVER COUNTY 41
14. C COMMISSIONER .JOSEPH E. FLESCHER-NONE 42
14.D. COMMISSIONER PETER D. O'BRYAN 42
14.D.1. CONSTITUTIONAL AMENDMENT 6 42
14.E. COMMISSIONER GARY C. WHEELER 42
14.E.1. DELEGATION OF AUTHORITY TO MAKE UNCONDITIONAL OFFERS FOR
PURCHASES OF RIGHT-OF-WAY PROPERTY 42
15. SPECIAL DISTRICTS AND BOARDS 44
15.A. EMERGENCY SERVICES DISTRICT 44
15.A. 1. AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO
BARTH CONSTRUCTION, INC. FOR THE CONSTRUCTION OF FIRE RESCUE
TRAINING TOWER 44
15.A.2. APPROVAL OF SUPPLEMENTAL EMERGENCY MANAGEMENT
PREPAREDNESS GRANT AGREEMENT 09 -BG -20-10-40-01 44
15.A.3. CONSTRUCTION SERVICES CONTRACT (PART II AGREEMENT) WITH BARTH
CONSTRUCTION FOR THE CONSTRUCTION OF INDIAN RIVER COUNTY FIRE
RESCUE STATION NO. 12 45
15.B. SOLID WASTE DISPOSAL DISTRICT 45
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September 16, 2008
15.B.1. SCHEDULED PUBLIC HEARING ON SEPTEMBER 23, 2008 TO APPROVE THE
THIRD AMENDMENT TO THE FRANCHISE AGREEMENTS FOR WASTE
MANAGEMENT, INC. OF FLORIDA AND REPUBLIC SERVICES OF FLORIDA, LP 45
15.B.2. INDIAN RIVER CORRECTIONAL INSTITUTION'S REQUEST FOR SOLID
WASTE ASSESSMENT ADJUSTMENT 45
15. B3. PUBLIC ANNOUNCEMENT FOR A HOUSEHOLD HAZARDOUS WASTE
COLLECTION EVENT ON SEPTEMBER 20, 2008 & CONTRACT FOR HOUSEHOLD
HAZARDOUS WASTE COLLECTION 45
15.B.4. AMENDMENT NO. 1 TO WORK ORDER NO. 9 TO GEOSYNTEC CONSULTANTS,
INC 46
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 46
16. ADJOURNMENT 46
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September 16, 2008
September 16, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida,
on Tuesday, September 16, 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
Detective Teddy Floyd, Indian River County Sheriff's Office - Crime Prevention
Unit, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
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September 16, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Bowden requested the following changes to today's Agenda:
1. Move: Item 15.A.2., Approval of Supplemental Emergency Management
Preparedness Grant Agreement 09 -BG -20-10-40-01 to Item 8.V. Consent
Agenda
2. Deletion: Item 5.C. Presentation by Geraldine McPherson and Dr. Shirley
Pomponi concerning Economic Development Efforts along Florida's
Research Coast
3. Correction: Item 6. Approval of Minutes, Joint Workshop, ILA -USB July 2
23 , 2008
4. Move: Item 13.A. Developer Agreement with Del Lago Inc. d/b/a Race Trac
to follow Item 10.A.2.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 16 -
19, 2008 AS INDUSTRY APPRECIATION WEEK IN INDIAN RIVER
COUNTY
Commissioner O'Bryan read and presented the Proclamation to Linda Schlitt-
Gonzalez, of the Vero Beach Chamber of Commerce, who recognized Mark Seeberg, Chairman
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September 16, 2008
of the Industry Appreciation Awards Program. Ms. Schlitt-Gonzalez announced that the
Industry Appreciation Awards Luncheon would be held on Thursday, September 18, 2008, at
the Indian River State College (IRSC).
S. B. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 20,
2008 AS THE OCEAN CONSERVANCY'S INTERNATIONAL COASTAL
CLEANUP IN INDIAN RIVER COUNTY DAY
Commissioner Flescher read and presented the Proclamation to Jens Tripson,
from the Pelican Island Audubon Society. Mr. Tripson reported on the scope of planned
activities for September 20, 2008, and related that more information was available at the Pelican
Island Audubon Society at 567-3520.
5.C. PRESENTATION BY GERALDINE MCPHERSON, FLORIDA ATLANTIC
UNIVERSITY, TREASURE COAST CAMPUS VICE PRESIDENT, AND DR.
SHIRLEYPOMPONI, EXECUTIVE DIRECTOR OF HARBOR BRANCH
OCEANOGRAPHIC INSTITUTE, CONCERNING ECONOMIC
DEVELOPMENT EFFORTS ALONG FLORIDA'S RESEARCH COAST
This item was deleted from the Agenda at the request of the presenters.
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September 16, 2008
6. APPROVAL OF MINUTES
6.A. JOINT WORKSHOP, ILA -USB JULY 28 23, 2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Joint Workshop, ILA -USB July 23, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Joint Workshop, ILA -USB July 23,
2008, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. CHANGE IN INDIAN RIVER COUNTY SCHOOL DISTRICT APPOINTEE TO
THE ECONOMIC DEVELOPMENT COUNCIL
(Clerk's Note: Debbie MacKay will replace Ann Reuter as the Indian River
County School Board Representative on the Economic Development Council. Notification
provided by Judy Stang to Commission Office on September 10, 2008).
8. CONSENT AGENDA
Commissioner O'Bryan asked to pull Item 8.F. for discussion.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
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September 16, 2008
8.A. APPROVAL OF WARRANTS AND WIRES -AUG 29 TO SEPT 4, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of August 29, 2008 to
September 4, 2008, as requested in the memorandum
dated September 4, 2008.
8.B. DELETIONS OF CAPITAL ASSETS LESS THAN $ 750 AND DECLARING
VARIOUS ASSETS TO BE APPROVED FOR SURPLUS/DESTRUCTION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
to delete the list of assets from the physical inventory
listing, as recommended in the memorandum of
September 10, 2008.
8.C. OUT OF COUNTY TRAVEL FOR COMMISSIONERS TO ATTEND THE
FLORIDA FORUM FOR COUNTY LEADERS: AN ADVANCED
COMMISSIONER EDUCATION PROGRAM
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized out -of -County travel for Commissioners to
attend a series of three seminars titled The Florida Forum
for County Leaders: An Advanced Commissioner
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September 16, 2008
Education Program, at the Hilton University of Florida
Conference Center in Alachua County, beginning October
16, 2008, as recommended in the memorandum of
September 10, 2008.
8.D. RATIFICATION OF DOCUMENTS EXECUTED BY THE COUNTY
ADMINISTRATOR OR DESIGNEE, ON BEHALF OF THE BOARD OF
COUNTY COMMISSIONERS, UNDER AUTHORITY OF RESOLUTION NO.
2008-097, FROMAUGUST 20, 2008 THROUGH SEPTEMBER 8, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously ratified
the following documents: (1) Communications Services
Tax Agreement for Access to Confidential State Tax
Information between Indian River County Board of
Commissioners and Florida Department of Revenue; and
(2) Disbursement Agreement relating to the Jones Pier
Environmental Land Acquisition, as recommended in the
memorandum of September 9, 2008.
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September 16, 2008
8.E. TRANSFER OF RESPONSIBILITY OF COMPLETING SIDEWALKS IN OAK
HOLLOW ESTATES SUBDIVISION FROM DEVELOPER TO POA
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute the Agreement for
the Transfer of Responsibility of Required Improvements
between Dileco Development, LLC and the Oak Hollow
Estates Subdivision Property Owners Association, as
recommended in the memorandum of September 9, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. CORRECTIONS TO RESOLUTION 2008-116 CONCERNING RIGHT-OF-
WAY ACQUISITION
Commissioner O'Bryan related that he had pulled this item, in order to allow
public comment, if anyone wished to speak on this matter. There were no speakers.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Resolution 2008-139, amending policies for
acquisition of right-of-way for road expansion and
improvement projects previously set out in Resolution No.
2007-027 and 2008-116.
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September 16, 2008
8.G. APPROVAL WORK ORDER No. 2 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES CONTRACT NO. 0534, 8TH STREET SIDEWALK PROJECT,
FROM U.S. HWY. 1 To 6THAVENUE, IRC PROJECT #0744
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 2 (Engineering) with Ardaman &
Associates, Inc., authorizing the project as outlined in the
Scope of Services, and authorized the Chairman to execute
said Work Order for a not -to -exceed amount of $562.00,
as recommended in the memorandum of August 8, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. APPROVAL WORK ORDER No. 3 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES CONTRACT No. 0534, 8TH STREET SIDEWALK PROJECT,
FROM 18TH COURT TO OLD DIXIE HWY., IRC PROJECT #0455
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 3 (Engineering) with Ardaman &
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September 16, 2008
Associates, Inc., authorizing the project as outlined in the
Scope of Services, and authorized the Chairman to execute
said Work Order for a not -to -exceed amount of $1,764.00,
as recommended in the memorandum of August 8, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. APPROVAL WORK ORDER No. 4 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES CONTRACT No. 0534, INDIAN RIVER BLVD. SIDEWALK
IMPROVEMENTS FROM 12TH ST. TO 17TH ST., IRC PROJECT #0745
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 4 (Engineering) with Ardaman &
Associates, Inc., authorizing the project as outlined in the
Scope of Services, and authorized the Chairman to execute
said Work Order for a not -to -exceed amount of $1,904.00,
as recommended in the memorandum of August 8, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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September 16, 2008
8..1 APPROVAL WORK ORDER No. 5 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES CONTRACT No. 0534, 12TH STREET SIDEWALK PROJECT,
FROM 16TH AVENUE TO 11TH PLACE — IRC PROJECT #0216
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 5 (Engineering) with Ardaman &
Associates, Inc., authorizing the project as outlined in the
Scope of Services, and authorized the Chairman to execute
said Work Order for a fee not -to -exceed $2,328.00, as
recommended in the memorandum of August 8, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. APPROVAL WORK ORDER No. 6 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC., PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES CONTRACT No. 0534, 12TH STREET SIDEWALK PROJECT,
FROM 43" AVENUE TO 27TH AVENUE, IRC PROJECT #0604
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 6 (Engineering) with Ardaman &
Associates, Inc., authorizing the project as outlined in the
Scope of Services, and authorized the Chairman to execute
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September 16, 2008
said Work Order, for a not -to -exceed amount of
$5,700.00, as recommended in the memorandum of
August 13, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. ADDENDUM NO. 1 TO THE PROFESSIONAL ENGINEERING AGREEMENT
WITHMASTELLER & MOLER, INC. — SERVICES FOR DESIGN AND
PERMITTING OF 17TH LANE S. W. FROM 27TH AVENUE EAST
APPROXIMATELY 900 LF - IRC PROJECT NO. 0803, FULL AND FINAL
PAY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Masteller and Moler, Inc. Invoice No.
0742LB-1, dated August 31, 2008 for full and final
payment of Addendum No. 1, as recommended in the
memorandum of September 9, 2008.
8.M. AUTHORIZE ADVERTISEMENT FOR A PUBLIC HEARING FOR THE
PURPOSE OF CONSIDERING AN ORDINANCE TO AMEND CHAPTER 105.
PURCHASING, VOLUME I, CODE OF ORDINANCES, INDIAN RIVER
COUNTY, FLORIDA
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously
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September 16, 2008
authorized the advertisement of a public hearing on
Tuesday, October 7, 2008, for the proposed Ordinance
amending Chapter 105 of the County Code of Ordinances,
as recommended in the memorandum of September 9,
2008.
8.N. BID AWARD: IRC BID No. 2009003 ANNUAL BID FOR ELEVATOR
MAINTENANCE, GENERAL SERVICES /FACILITIES MANAGEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
awarded the Annual Bid to General Elevator Sales &
Service, Inc., as the lowest, most responsive and
responsible 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
2008 through September 30, 2009 with General Elevator
Sales & Service, Inc.; and (3) authorized the Purchasing
Manager to renew this bid for two (2) additional one (1)
year periods subject to satisfactory performance, zero cost
increase, 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
September 4, 2008.
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September 16, 2008
8.0. 2008/2009 STATE OF FLORIDA, DEPARTMENT OF HEALTH CONTRACT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the 2008/2009 contract with the State of Florida
Department of Health, as recommended in the
memorandum of September 8, 2008.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.P. PROFESSIONAL ENGINEERING SERVICES AGREEMENT, CR 512
CORRIDOR IMPROVEMENTS — IRC PROJECT No. 9611, ADDENDUM
No. 11 (MASTELLER & MOLER, INC.) — RELEASE OF RETAINAGE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher the Board unanimously approved
payment of Masteller & Moler, Inc. Invoice No.
9649AHA-1RET, dated August 27, 2008, in the amount of
$4,766.63, and utilizing the remaining $22,330.66 for
construction services for CR 512, Phase IV, as
recommended in the memorandum of September 3, 2008.
8.Q. WORK ORDER No. 11 TO THE PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC. FOR
PEDESTRIAN BRIDGE OVER 14TH STREET CANAL, INDIAN RIVER
COUNTY PROJECT NO. 0745
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September 16, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 11 for the lump sum fee of $13,273.30,
and authorized the Chairman to execute said Work Order,
as recommended in the memorandum of August 28, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. TERMINATION OF INTERLOCAL AGREEMENT BETWEEN SCHOOL
DISTRICT AND INDIAN RIVER COUNTY FOR VIDEO -RECORDING
SERVICES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
termination of the Interlocal Agreement with the Indian
River County School District, pursuant to paragraph 3a
and authorized the County Administrator or his designee
to send a letter on behalf of the Board of County
Commissioners formally terminating the Interlocal
Agreement, as recommended in the memorandum of
September 10, 2008.
8.S. INDIAN RIVER COUNTY BID No. 2009008, ANNUAL BID FOR PEST
CONTROL SERVICES, GENERAL SER VICES /FA CILITIES MANA GEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
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September 16, 2008
rejected all bids; (2) approved revising the bid
specifications; and (3) approved re -advertising the bid in
an effort to obtain more competitive prices, as
recommended in the memorandum of September 10, 2008.
8.T. MISCELLANEOUS BUDGET AMENDMENT 020
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-140, amending the fiscal year 2007-2008
Budget.
8.U. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF
SR 60 TO 59TH STREET
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 5 to the Professional Engineering/Land
Surveying Services Agreement with Arcadis G & M, Inc.,
as recommended in the memorandum of September 8,
2008.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
15
September 16, 2008
8.V. APPROVAL OF SUPPLEMENTAL EMERGENCY MANAGEMENT
PREPAREDNESS GRANT AGREEMENT 09 -BG -20-10-40-01
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Federally Funded Subgrant Agreement (09 -BG -20-10-
40-01) between Indian River County Emergency
Management and the Florida Department of Community
Affairs, Division of Emergency Management and
authorized Director of Emergency Services John King as
the contract manager for this agreement, as recommended
in the memorandum of September 9, 2008.
Clerk's Note: This item was moved from Item 15.A.2. Emergency Services
District
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. IMAGINE SCHOOLS' REQUEST TO MODIFYA CONDITION OF THE
SPECIAL EXCEPTION USE APPROVAL FOR THE IMAGINE SCHOOLS 4TH
STREET FACILITY
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
16
September 16, 2008
Planning Director Stan Boling recapped the memorandum of September 8, 2008,
to provide an update on Imagine Schools, a Kindergarten through Eighth Grade (K-8) facility
being constructed at 6000 4th Street, between 58th Avenue and 66th Avenue. Through aerial
slides, he depicted the proposed site plan for the school, which was designed to be built in two
phases — Phase 1 for Kindergarten through Grade 5, with 500 students; and Phase 2 for Grades 6
through 8, with an estimated total of 750 students at build out. Due to a larger than expected
enrollment, the school wanted to proceed with Phase II, without the requirement that was
stipulated by the Board in April 2008, to have the left turn lane in place prior to their receiving
their Certificate of Occupancy (CO). Director Boling acknowledged that based on the technical
turn lane threshold standards in the LDR's, staff had not recommended putting in the left turn
lane.
Through a PowerPoint presentation (copy on file), Director Boling outlined and
detailed the options discussed by the Planning & Zoning Commission (PZC) and by staff, which
included using law enforcement for interim traffic control; and the posting of financial security
relative to construction of the left turn lane. He noted that the financial security would not
cover the cost of any right-of-way acquisition or for culverting the canal, which was a possible
design option. He thereafter presented staff's recommendation for Board approval to modify
the left turn condition and give Imagine Schools their CO for Phases 1 and 2; to have them put
in the left turn lane in one year or more, if conditions warrant, and to have them post the
security for a future turn lane.
Vice Chairman Davis disclosed that he had conducted business activities and had
conversations with Mr. Charlie Wilson, a representative of Imagine Schools. Chairman
Bowden and Commissioners O'Bryan and Wheeler acknowledged having had conversations
with staff, school representatives, and/or property owners around the project. Legal counsel
was sought from Attorney Collins, who made the determination that it would be appropriate for
the Commissioners to vote.
17
September 16, 2008
Discussion ensued as the Board considered whether or not the left turn lane was
necessary; and expressed concerns about future growth, and traffic flow problems.
Commissioner O'Bryan questioned the need for the left turn lane, and Vice
Chairman Davis wanted to eliminate having a left turn into the school.
Discussion ensued between the Board and staff regarding whether the left turn
lane could be tied into the future 66th Avenue paving project; what the anticipated costs would
be for culverting the canal; the amount of available deceleration lane into the school and the
amount of stacking distance available on site; and the mechanisms of the traffic flow.
Director Boling presented an aerial slide depicting the configuration of the
parking, and the pick up and drop off areas.
Commissioner Wheeler wanted to have the left turn lane built prior to issuance of
the Certificate of Occupancy (CO).
Bruce Barkett, Esquire, representing Imagine Schools, stated that the applicant
had agreed to put up $350,000 for the turn lane on 4th Street in order to get their permit. He did
not believe it was appropriate to also make the school pay for the culverting of the right-of-way
at $500.00 a foot. He pointed out that the $350,000 bond could be used to construct the turn
lane when the County's 4th Street improvements are done, as part of the County's long range
plan.
Charlie W. Wilson, representing Imagine Schools, through a detailed PowerPoint
presentation, provided an update on Imagine Schools, which included an analysis of possible
alternatives to the left turn lane. He pointed out that although the School had initially been
advised by County staff that a left turn lane would not be required, the School was committed to
paying $350,000 for the left turn, but they cannot obtain the right-of-way, with constructions
costs having escalated into the millions. He asked the Board to delete the previous conditions of
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September 16, 2008
Phase 2, and accept the following compromise: (1) prohibit left turns into the school; (2) require
safety officers on site during peak hours; and (3) require the posting of a $350,000 Letter of
Credit, which would stay in effect until the left turn lane is installed, or an acceptable alternative
plan is approved by the Commission.
Staff and Mr. Wilson responded to Commissioner Wheeler's queries regarding
the terms of the initial agreement with Imagine Schools; and whether the school had thoroughly
investigated the costs for the turn lane prior to agreeing to the condition.
Chairman Bowden asked what the maximum number of students at Imagine
Schools would be, and learned from Director of Development Christian Cascone that it was
currently limited to 750, but the potential for the entire facility would be 910 students.
Vice Chairman Davis wanted to know if Imagine Schools would be funded for
busing through the School District, and was advised by Joe Mills, Principal of Imagine Schools,
that busing would be provided through the school district if so desired by the parents. He noted
that currently the parents prefer to bring their elementary school age children to school.
The Chairman opened the public hearing.
Sandy Reinhardt, 398 Farley's Court, presented data and reviewed a traffic
analysis chart (copy on file) supporting her belief that the Board's decision to grant special
exception use approval for Imagine Schools was based on faulty data. She asked the Board to
imagine the traffic flow problems which she believed would be generated on 4th Street, without
the left turn lane.
Ray Reinhardt, 398 Farley's Court, presented a detailed traffic analysis (copy on
file) based on a study he had done at Imagine School's temporary site at Central Assembly
Church. He opined that the overall data which had been presented to the Board by Imagine
Schools was flawed. Mr. Reinhardt expressed his concerns regarding the prospective traffic
19
September 16, 2008
congestion which could occur on 4th Street, without the left turn lane. He proposed turning the
bus loop into a car queue lane, as another option to avoid traffic congestion.
Discussion ensued between staff and Commissioner Wheeler regarding the
accuracy of the methodology and numbers which were used in the traffic studies conducted by
both the County and the Reinhardt's at Central Assembly Church.
The Chairman called a break at 10:49 a.m. and reconvened the meeting at 11:00
a.m., with all members present.
The following individuals addressed the Board in support of enforcing the left
turn lane requirement for Imagine Schools:
Jeff Brewster, 360 Farley's Court
Ron Lambert, 365 Farley's Court
Daniel Shaw, 545 61St Avenue
Attorney Barkett reminded everyone that staff had not felt the turn lane was
warranted, and it had not been recommended; however, the condition was added by the Board,
and agreed to by Imagine Schools. He felt that any inconvenience to the neighbors could be
avoided by not allowing left turns into the school.
Bryan Good, Kimley Horn and Associates, did not believe a problem would
occur with traffic queuing out past the school, and declared that there would have to be an over
800% increase in projected traffic volume associated with the school to meet the County's turn
lane warrant.
Discussion ensued among the Board, Attorney Barkett, and Principal Mills
regarding various means of controlling potential traffic stacking problems.
20
September 16, 2008
Vice Chairman Davis felt that the solution was to have Imagine Schools prevent
traffic stacking on 4th Street (other than in the deceleration lane), possibly by designing some
increased stacking areas on school grounds; and to not allow left turns until such time as the
lane is put in. He wanted to retain the financial requirement for the school to pay for the turn
lane, and to impose some type of fine if the stacking is not adequately controlled.
Commissioner O'Bryan felt that Phase 1 of the school, with the 500 students,
should be opened and real traffic counts should be obtained. Thereafter, a determination could
be made as to whether Imagine Schools could keep traffic off of 4th Street, and approval for the
additional 250 kids could be granted for the next school year.
Mr. Cascone addressed questions posed by the Board regarding the maximum
number of students which could be accommodated at the facility; the timeline of the school's
construction; and the construction materials.
Mr. Wilson remarked that the left turn lane could not be done at this time. He
noted that the school was "demand -driven" and it was the parents who were requesting to speed
things up to accommodate more students.
Commissioner Wheeler supported Commissioner O'Bryan's suggestion of
opening Phase 1 of the school and obtaining more accurate data, before making a decision as to
the necessity for the left turn lane.
Further discussion ensued between the Board and Mr. Reinhardt regarding the
traffic study, and the queuing capacity at the temporary and permanent school sites. Mr.
Reinhardt believed that the total queue capacity at the permanent site on 4th Street could
accommodate 72 cars, whereas the data obtained from the temporary site revealed a queue of
216 cars.
21
September 16, 2008
Vice Chairman Davis declared that Imagine Schools should proceed with Phase 2,
with the requirements to post their bond, and to keep traffic on the school site and off of 4th
Street. He observed that Code Enforcement could impose fines on the school if they do not
regulate the traffic accordingly.
The Board members and staff discussed how to enforce the no left turn rule;
methods utilized by other schools to alleviate traffic flow problems; and having County and
school staff work together to solve any traffic -related issues.
Attorney Barkett asked the Board to approve a Motion supporting Imagine
School's request for a left turn lane abeyance; allowing them to post the money for the turn lane
until the County improves 4th Street; requiring a traffic control officer; and prohibiting left turns
into the school.
Vice Chairman Davis supported Attorney Barkett's suggested Motion, but wanted
to add language specifying that traffic could not be stacked on 4th Street.
Mr. Cascone remarked that Imagine Schools wanted to alleviate the Board's
concerns, and would be happy to include language stating that traffic must be kept on site, and
not be allowed to stack on 4th Street.
Director Boling noted there were 174 parking spaces, for staff and parents,
provided at the site at build out. He thereafter responded to questions from the Board regarding
parking configurations.
The following speakers expressed confidence in Imagine School's ability to
handle any traffic —related issues:
William Sellers, 716 34th Terrace
Joseph Paladin, President Black Swann Consulting
22
September 16, 2008
Mr. Paladin spoke about using the traffic control person to handle the situation;
having the school consider busing as an option if necessary, and putting the burden on the
school to solve any problems.
Discussion ensued between Commissioner O'Bryan and staff regarding
discrepancies between staff's and the Reinhardt's traffic studies, and whether those numbers
would translate to the permanent location.
Commissioner Wheeler agreed with Commissioner O'Bryan that Phase 1 should
be opened and an analysis should be done to see if things would work.
Commissioner Flescher felt that the neighbors' concerns would be solved by
eliminating the left turn lane and having law enforcement and best management practices on
site.
Vice Chairman Davis believed that this was the only opportunity the County
would have to enforce the requirement to stay off of 4th Street.
County Attorney Collins, who was asked to provide a legal opinion on
enforcement, believed that the enforcement process would be cumbersome.
The Board and staff continued to discuss traffic enforcement procedures.
Laura Sellers, 716 34th Terrace, was dismayed that the County would consider
fining taxpayers for using a public road. She praised Imagine Schools, and said that it was a
normal part of community living to experience minor delays in any school district.
Mr. Reinhardt, alluding to his traffic study, reiterated his concerns about
possible traffic blocking occurring on 4th Street. He suggested that the school create a queuing
driveway around the perimeter of the school to accommodate more on site stacking.
23
September 16, 2008
Attorney Barkett disclosed that although Imagine Schools was fine with Vice
Chairman Davis's suggestion to keep traffic off 4th Street, the school was not going to redesign
the site plan.
There being no further speakers, the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, for discussion,
to: (1) not allow a left turn into the school; (2) require a
traffic officer; and (3) keep all traffic and stacking onsite
and monitor it for a period of three months (3 months)
minimum, to see if there is a need for the left turn lane.
Commissioner Wheeler clarified that the bond requirement to put up $350,000 for
the left turn lane, was not part of the Motion.
Discussion ensued among the Board and Attorney Barkett as the latter sought and
received clarification on what the school's focus would be during the three-month evaluation
period. Director Mora said that staff would be using quantitative numbers to evaluate the data
and determine if the amount of traffic generated by Phase 1 of the school could be handled.
The Board Consensus was that, after the three-month period, if Imagine Schools
could keep its traffic on site, it could proceed with Phase 2.
Principal Mills asserted that Imagine Schools would experience no problems
with the traffic queuing on site.
Mr. Cascone explained the importance for Imagine Schools to have some
certainty that they could ultimately move ahead with the opening of both of their buildings.
24
September 16, 2008
The Board, staff, and Mr. Reinhardt continued to voice their concerns and
suggestions about monitoring and controlling the traffic.
The Board and Mr. Cascone discussed how the three-month evaluation period
would impact Imagine Schools' construction plans.
Commissioner Flescher opposed the Motion, stating that the school had already
agreed to control the traffic and we were now asking for a three-month assessment which would
delay the project. Additionally, the Motion did not require the letter of credit.
Commissioner Wheeler conveyed his support for neighborhood schools, including
Imagine Schools. He believed that if the queue is kept on site, and things are working, the
school would receive unanimous approval to move forward.
Mr. Mills asserted that Imagine Schools could handle the queuing of the students,
but he was disconcerted by the uncertainty of putting Imagine Schools before another public
hearing, at which more stipulations could be added.
Further discussion continued as Board members debated on the best method to
proceed; whether or not Code Enforcement could effectively control any traffic problems; and
whether or not to impose the three-month delay.
Commissioner O'Bryan asked Commissioner Wheeler if he wanted to add to his
Motion, that upon the successful demonstration that Imagine Schools could queue all traffic on
site, the County would waive the requirement for construction of a left turn lane.
Attorney Collins advised the Board that it could not bind a future commission to
such an action.
25
September 16, 2008
Attorney Barkett asked the Board to let the school finish building the school; to
issue citations if traffic is not kept satisfactorily off of 4th Street; to have the school post the
bond, if it is deemed necessary; and to have the school post a traffic control officer on site.
Vice Chairman Davis advised that he was going to vote against Commissioner
Wheeler's Motion so he could make his own Motion.
The Chairman CALLED THE QUESTION and by a 2-3
vote (Commissioners Bowden, Davis, and Flescher
opposed) the Motion failed. The Board denied (1) to not
allow a left turn into the school; (2) to require a traffic
officer; and (3) to keep all traffic and stacking onsite and
monitor it for a period of three (3) months (minimum, to
see if there is a need for the left turn lane.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Flescher, for discussion,
(1) to have Imagine Schools to post the $350,000 bond for
the construction of the left turn lane on 4th Street and to
not permit left turns into the school until the left turn lane
is constructed; (2) to have an officer on-site to control
traffic; and (3) to have the Sheriff's Department impose
traffic citations on Imagine Schools should stacking occur
on 4th Street.
A brief debate ensued among the Commissioners, regarding whether or not the
traffic restriction was enforceable by the Sheriff's Department.
The Chairman CALLED THE QUESTION, and the
Motion carried by a 3-2 vote (Commissioners O'Bryan
26
September 16, 2008
and Wheeler opposed). The Board approved: (1) to have
Imagine Schools post the $350,000 bond for the
construction of the left turn lane on 4th Street and to not
permit left turns into the school until the left turn lane is
constructed; (2) to have an officer on-site to control
traffic; and (3) to have the Sheriff's Department impose
traffic citations on Imagine Schools should traffic stacking
occur on 4th Street.
The Chairman called a recess at 1:18 p.m. and reconvened the meeting at 2:01
p.m., with all members present.
Clerk's Note: The following discussion occurred following Item 14.B.1., and is
placed here for continuity.
Commissioner Wheeler sought clarification as to who would be responsible for
purchasing the right-of-way for the left turn lane when it is needed; and who would be
responsible to culvert the ditch.
Vice Chairman Davis responded that it would be the County's responsibility to
purchase the necessary right-of-way for the left turn lane.
Commissioner Wheeler wanted it on record that this might be setting a precedent,
as he was unsure of whether there had ever been a private development which needed right-of-
way to put in a turning lane, where someone else had to purchase the property. He sought and
received confirmation from Attorney Collins that because the right-of-way was across the street
from Imagine Schools, which does not own the property, the County would have to purchase the
property and culvert the ditch. Attorney Collins added that if the left turn lane is needed, the
$350,000 which Imagine Schools is posting would be applied towards all of those costs.
27
September 16, 2008
10.A.2. ALLIANCE HOLDING, LLC's (RACETRAC'S) REQUEST FOR
ABANDONMENT OFA PORTION OF 107TH COURT BETWEEN 94TH
STREET AND CR 512 IN VERO LAKE ESTATES
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling recapped the backup memorandum of August 28,
2008 to provide the background and conditions of Alliance Holding, LLC's (Racetrac's) request
to abandon a portion of 107th Court (between 94th Street and CR 512) in Vero Lake Estates.
Through a PowerPoint presentation, he presented a zoning map and legal description of the area
to be abandoned. Director Boling thereafter presented staff's recommendation for approval of
the right-of-way abandonment, based on the analysis presented on page 199 of the backup.
The Chairman opened the public hearing. There were no speakers, and the
Chairman closed the public hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Resolution 2008-141, providing for the closing,
abandonment, vacation and discontinuance of the segment
of 107th Court that lies between 94th Street and CR 512 in
Vero Lake Estates, said land lying in Indian River County,
Florida.
10.B. PUBLIC DISCUSSION ITEMS
28
September 16, 2008
1O.B.1. REQUEST TO SPEAK FROM JEFF THOMPSON REGARDING IMPACT
FEES
This item was withdrawn by Mr. Thompson, who had to leave.
NO ACTION REQUIRED OR TAKEN.
1O.B.2 REQUEST TO SPEAK FROM CHUCK MECHLING REGARDING
PROCEDURE FOR IMPACT FEE WORKSHOP
Chuck Mechling, Pointe West, related that he had received a report late on
September 12, 2008, the Friday afternoon prior to the Impact Fee. He urged the Board to
establish a better notification process for concerned people to receive information in a timely
manner.
Responding to Commissioner Wheeler's inquiry, Director Keating explained that
a copy of the PowerPoint presentations that both consultants would be giving at the meeting was
sent out. He added that the consultants were not tasked with preparing a report, as their
obligation was to give a presentation and answer the Board's questions at the Workshop
meeting.
Discussion ensued between the Board, staff, and Mr. Mechling wherein the
purpose of the Impact Fee workshop, to be held on Wednesday, September 17, 2008, was
clarified, and the importance of public input was affirmed.
NO ACTION REQUIRED OR TAKEN.
10.C. PUBLIC NOTICE ITEMS
29
September 16, 2008
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR
SEPTEMBER 23, 2008:
RYALL ACQUISITION GROUP, LLC'S REQUEST TO REZONE
APPROXIMATELY 585.57 ACRES FROMA-1, AGRICULTURAL 1 (UP TO 1
UNIT/5 ACRES), RS -3, RESIDENTIAL SINGLE-FAMILY (UP TO 3
UNITS/ACRE), RM -3, RESIDENTIAL MULTI -FAMILY (UP TO 3
UNITS/ACRE), RM -6, RESIDENTIAL MULTI -FAMILY (UP TO 6
UNITS/ACRES RM -8, RESIDENTIAL MULTI -FAMILY (UP TO 8
UNITS/ACRE), AND CON -2, ESTURINE WETLAND CONSERVATION
DISTRICT TO PLANNED DEVELOPMENT TRADITIONAL
NEIGHBORHOOD DESIGN (PDTND) AND OBTAIN CONCEPTUAL
PLANNED DEVELOPMENT PLAN APPROVAL FOR A PROJECT TO BE
KNOWN AS LIBERTY PARK
The Chairman read the notice into the record.
11. COUNTY ADMINISTRATOR'S MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST TO INITIATE COMPREHENSIVE PLAN CHANGES TO ALLOW
LIMITED RECREATIONAL VEHICLE USE IN MOBIL HOME RENTAL
PARKS
30
September 16, 2008
Planning Director Stan Boling recalled the Board's adoption on October 23, 2007,
of Comprehensive Plan changes which created a Mobil Home Rental Park (MHRP) designation
affording protections to residents of rental parks from conversion of the parks to other uses.
Through a review of the backup memorandum of September 4, 2008, Director Boling presented
background and analysis of staff s request to allow a limited number of Recreational Vehicles
(RV's) to rent space in some of the MHRP's. He then presented his request for the Board to
authorize staff to initiate a Comprehensive Plan Amendment to allow a limited number of RV's
as a use in MHRP's and to make any corresponding LDR Amendments that would be needed to
regulate that usage.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Davis, the Board unanimously directed
staff to initiate a Comprehensive Plan text amendment and
LDR amendment to allow a limited number of recreational
vehicles (RV's) in Mobil home rental parks (MHRP), as
recommended in the memorandum of September 4, 2008.
12.A. 2. CONSIDERATION OF PLANNING & ZONING COMMISSION
RECOMMENDATIONS ON MINING REGULATIONS & GROUNDWATER
ISSUES
Planning Director Stan Boling, recapped the backup memorandum of August 19,
2008 and used a PowerPoint presentation to provide background on the Board's request for staff
and the Planning & Zoning Commission (PZC) to re-evaluate the County's existing mining
regulations. He recalled actions which ensued subsequent to a six (6) month mining
moratorium which began January 7, 2008, and presented highlights and analysis of some of the
recommendations made by staff and the PZC. He noted that any changes to the regulations
which the County wishes to pursue must happen before January 7, 2009, when the moratorium
31
September 16, 2008
ends. He thereafter presented staff's recommendation to consider the PZC's mining ordinance
recommendations, and to direct staff to initiate the formal LDR amendment process to modify
the County's mining regulations based on the PZC's 38 item list of recommended LDR
modifications (see list on pages 273-277 of the backup information).
George Hamner, Jr., Chairman, Planning & Zoning Commission (PZC), stated
that the PZC reviewed all of the concerns that were expressed at their meetings, and a consensus
was reached regarding the recommendations. PZC had agreed that sand mining needed to
continue in AG -1 zoning, thus they had compiled a long list of issues for consideration. Mr.
Hamner believed that the biggest issue was truck traffic, and pointed out that the PZC had
recommended that the County consider extra enforcement. He hoped the Board would move
ahead with the LDR modifications to the mining regulations.
Charles Cramer, 10729 U.S.1, Sebastian, felt the proposed regulations were
good, but there were some items that he believed would need tweaking. He was unsure if the
Board wanted feedback on the 38 recommendations at today's meeting, or whether there would
be another opportunity to comment before January 7, 2009.
Attorney Collins advised Mr. Cramer to bring his issues to staff before the
regulations are drafted, and if his concerns are not satisfactorily addressed, he should attend the
hearings and speak to the Professional Services Advisory Committee (PSAC) and the Planning
& Zoning Commission who will make recommendations to the Commission.
Discussion ensued as the Board confirmed the necessity of providing timely
direction to staff regarding the LDR's, particularly in view of the January 7, 2008 expiration
date for the moratorium, and agreed to proceed with the review of the recommendations.
Sean Sexton, 7880 37th Street, wanted the proposed regulations to consider the
effects of cumulative mines He declared that the Agricultural Advisory Committee's (AAC's)
recommendation to have a hydrology report done was absolutely necessary; wanted to have
32
September 16, 2008
monitoring wells placed on conservations areas; and wondered how the conflicting enterprises
of mining and conservation could be carried on in the same vicinity, without considering what
impact one might have upon the other.
Discussion ensued among the Board, Mr. Sexton, and Mr. Hamner regarding the
placement of monitoring wells.
Responding to a question posed by Vice Chairman Davis, Attorney Collins
confirmed that any mining application which comes in subsequent to the end of the mining
moratorium on January 7, 2008, would be required to comply with the new regulations.
A brief discussion ensued among the Board, staff, and PZC Chairman Hamner
regarding Recommendation No. 6, to obtain the hydrology report.
Mr. Sexton posed a question on behalf of Linda Mitchell, 8340 65th Street, who
wanted to know if there would be public notice when mining permits are up for renewal.
Attorney Collins advised that existing mines must renew their operating permits
annually in October of each year, and although it is public record, public notice is not provided.
Ms. Mitchell could, however, contact staff around October 1St of each year to check on the
permit renewal of any particular mine
Commissioner O'Bryan made observations on Recommendations No. 6 and 7
(found on page 273 of backup), regarding groundwater and hydrology. He suggested that
Recommendation No. 6, the requirement of a hydrology report, should specify that the report
must be conducted by a non-profit, unbiased hydrologist or some neutral party. For
Recommendation No. 7, to establish specifications for the hydrology report, he wanted to
include what the variance would be from the baseline data.
The Board, staff, and Mr. Hamner continued to discuss their ideas and concerns
regarding the hydrology reports.
33
September 16, 2008
Suzon Franzke, 8190 37th Street, requested that the Board hold an evening
meeting, to accommodate working people, when the final vote is made on the LDR's. She
addressed the Board with her suggestions and concerns, particularly enforcement issues and
truck traffic, and voiced opposition to PZC's recommendation to continue mining in AG -1
zoning. She also expressed concerns about whether Vice Chairman Davis (whose brother owns
a mine), and Mr. Hamner (who has agricultural interests), should be allowed to participate in the
mining deliberations.
Attorney Collins explained the law and affirmed the suitability of Vice Chairman
Davis's participation in mining discussions and votes. He offered to provide a memorandum to
the Board containing the Attorney General's opinion on conflicts of interest, and would provide
a copy to Ms. Franzke.
Mr. Hamner provided assurances that his agricultural interests did not conflict
with his participation in mining deliberations.
Commissioner O'Bryan wanted staff to re-examine and tighten up all of the uses
which are presently allowed under AG -1. He remarked that some mapping could be done,
where certain areas might be designated suitable for mining, and others could be designated as
suitable for residential.
Discussion ensued as the Board considered: (1) whether it would be appropriate,
at this time, to review all of the recommendations at today's meeting, or if it would be better to
have a separate meeting; and (2) whether to go ahead and receive public input today.
Attorney Collins advised that the Board could have a Special Call Meeting to
discuss the recommendations, at which public comment could be received.
34
September 16, 2008
individuals:
The Board CONSENSUS was to have a Special Call
Meeting later this week, and to allow the individuals who
were in attendance at this meeting to speak.
Various concerns regarding mining activities were expressed by the following
Amy Banov, 69th Street
Susan Boyd, 8025 24th Street
Donna Nixon, 7511 37th Street
Virginia (inaudible surname) 2330 80th Court
Victor Knight, 3295 Ranch Rd
Fred Mensing, 7580 129th Street
Vice Chairman Davis asked why PZC had decided not to remove mining from
AG -1, and learned from Mr. Hamner that there were still some fairly large tracts of land east of
I-95, where property owners may or may not wish to do mining on their own property.
Mr. Cramer was concerned that the applicants who had been required to hold
back their permits during the moratorium, would experience another type of moratorium, and
have to wait another year to fulfill the requirement of obtaining the hydrology report.
Attorney Collins explained that the moratorium itself would have lifted and the
fact that more time is needed to process and get an application permitted does not constitute a
moratorium.
35
September 16, 2008
Mr. Cramer said that he wants to see 12 out of the 38 recommendations
modified, and he was still not clear as to whether his concerns should be presented at this time.
Chairman Bowden wanted to allow the individuals who were present to have the
opportunity to speak.
Joseph Paladin asked if there would be legal repercussions if mining is taken out
of AG -1 zoning.
Attorney Collins declared that there would be legal repercussions, and provided
the details of the governing Statute, the Burt Harris Act. He opined that legally, it would be a
bad idea to remove mining from Ag -1.
There were no further speakers and the Board briefly discussed when to hold the
Special Call Meeting, with discussion to resume after the break.
The Chairman called a recess at 3:36p.m. and reconvened the meeting at 3:49
p.m., with all members present.
The Chairman asked the other Commissioners to bring their schedules with them
to the Impact Fee Workshop to be held on Wednesday, September 17, 2008, at which time they
would try to select a date for the Special Call Meeting.
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES -NONE
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September 16, 2008
12.E. HUMAN SERVICES -NONE
12. F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.1. PUBLIC WORKS -NONE
12.J. UTILITIES SERVICES- NONE
13. COUNTY ATTORNEY MATTERS
13.A. DEVELOPER AGREEMENT WITH DEL L4 GO Thic. D/B/A/RACE TRAC
Clerk's Note: This item was heard prior to Item 10.A.2. , and all discussion is
placed here for continuity.
Deputy County Attorney William DeBraal reviewed the backup memorandum of
September 10, 2008 to discuss the details of a land exchange whereby Del Lago Inc. d/b/a/ Race
Trac would convey to the County a 0.37 acre parcel in the form of right-of-way along 108th
Avenue, contingent upon the County abandoning interest in a 0.715 acre section of right-of-
way, known as 107th Court.
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September 16, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Developer's Agreement with Del Lago Inc. d/b/a/
Race Trac, as recommended in the memorandum of
September 10, 2008.
13.B. PURCHASE OF MARK'S MOBIL FOR THE STATE ROAD 60/43RD
AVENUE INTERSECTION IMPROVEMENT
Deputy County Attorney William DeBraal reviewed the backup memorandum of
September 10, 2008, providing background and details on the County's prospective purchase of
Mark's Mobil service station, located at the intersection of SR60 and 43rd Avenue, and owned
by Mark and Winona Hall. Attorney DeBraal displayed an aerial view of the property required
for road expansion, and stated that the Hall's are entitled to full compensation for the value of
the property, since the remaining parcel would be rendered virtually worthless as a result of the
County's take. He then presented staff's recommendation to accept the offer for the Hall's to
receive $1.65 million for their property.
Attorney DeBraal confirmed for Commissioner Wheeler that the entire cost for
the property, inclusive of all fees, would be $1.65 million.
County Administrator Joseph Baird expressed staffs opinion that the proposed
offer was much too high.
Chairman Bowden posed questions to Attorney DeBraal regarding the property
appraisal.
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September 16, 2008
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, for discussion, to
approve staff's recommendation.
Commissioner O'Bryan observed that there was a variance in the amount that the
Hall's had paid for the property, and posed questions to Mr. Morgenstern.
Lloyd J.Morgenstern, CPA, Morgenstern, Phifer & Messina, P.A., 101 East
Kennedy Blvd., Tampa, responded to Commissioner O'Bryan's questions, providing details and
the rationale behind the profit and loss statements he had compiled in his Preliminary Business
Damage Assessment Report. He acknowledged that the statements were based on four years of
tax returns, from 2002 through 2005, and explained why the tax returns for 2006 and 2007 had
not yet been finished. He provided handouts (copies on file) to the Commissioners displaying
the typical selling prices of businesses similar to Mark's Mobil, and explained the methodology
he had used to calculate the value of Mark's Mobil, which had been purchased in 1991 for
$150,000.
Assistant County Administrator Michael Zito interjected that the backup
information indicated that the purchase price for Mark's Mobil had been $250,000 in 2001.
Mickey Barkett, Esquire, 201 East Pine Street, Orlando, and representing the
Hall's, confirmed that there was an error in the figures previously presented and that the actual
cost was $150,000.
Mr. Morgenstern continued his presentation, discussing his methodology for
calculating the business damages which the Hall's would experience.
Commissioner O'Bryan revealed that the Hall's were being required to replace
their underground tanks by December 2009, at a cost of over $400,000, and based upon the
Hall's' estimated annual cash flow of $53,000, he did not perceive that happening. He was
39
September 16, 2008
concerned that the County might be overpaying the Hall's for a business which might be shut
down in a year anyway.
Mr. Morgenstern explained that Exxon Mobil would finance the replacement of
the tanks.
A brief discussion ensued between the Board, staff, and Administrator Baird
regarding the business valuation report being compiled without tax data from 2006 & 2007.
Attorney Barkett explained why the tax returns had not been completed;
declared that the lack of the 2006 & 2007 tax data did not eliminate the County's liability to pay
business damages; and affirmed that Mr. Morgenstern's report showed a reasonable valuation at
$364,050.
County Attorney William Collins, in response to Assistant Administrator Michael
Zito, explained that because the design of the road does not require the taking of the whole
property, it could only show the necessity of take for the portion that is necessary to do the road
improvements. If the County tries to claim entitlement of paying for and taking the whole, the
Hall's could defeat it on a Resolution of Necessity, and thus would be entitled to business
damages.
He further stated that a partial take would result in a piece of property too small to
have any viable use. He sought and received confirmation from Attorney Barkett, an eminent
domain attorney, that if a cure plan is not available for the business subsequent to the take, the
value of the land is typically paid for as severance damage, rather than the cost to cure by
rebuilding or redesigning the business.
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September 16, 2008
Detailed and lengthy discussion ensued among Board members, staff, and legal
counsel for Mark's Mobil regarding just value, possession by Eminent Domain, and whether to
grant the Hall's the $1.65 million for Mark's Mobil. The Board concluded discussion with the
following decision:
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board accepted and
approved the settlement terms of purchasing Mark's Mobil
for $1.65 million, as recommended in the memorandum of
September 10, 2008.
Vice Chairman Davis asked Attorney Mickey Barkett to remain and speak
under Item 14.E.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN
14.B.1. DRAFT LETTER REQUESTING FUNDING PARTICIPATION FOR AN
UPDATED STUDY ON THE HYDROGEOLOGY OF INDIAN RIVER COUNTY
Vice Chairman Davis reminded the Board that at the September 9, 2008 Board
meeting, staff had been asked to draft a letter to St. Johns River Water Management District
41
September 16, 2008
(SJRWMD) requesting joint funding of an updated Hydrogeology study. He asked the Board
for approval of the letter.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the letter as written, and as recommended in the
memorandum of September 11, 2008.
14. C. COMMISSIONER JOSEPH E. FLESCHER-NONE
14.D. COMMISSIONER PETER D. O'BRYAN
14.D.1. CONSTITUTIONAL AMENDMENT 6
Commissioner O'Bryan explained that some of the individuals who wanted to
speak on this item had been obligated to leave.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved to TABLE this item until September 23, 2008.
14.E. COMMISSIONER GARY C. WHEELER
14.E.1. DELEGATION OF AUTHORITY TO MAKE UNCONDITIONAL OFFERS FOR
PURCHASES OF RIGHT-OF-WAY PROPERTY
Commissioner Wheeler discussed the details of his memorandum of September
10, 2008, which pertained to speeding up the negotiation process in right-of-way purchases.
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September 16, 2008
His recommendations included delegating to staff the authority to offer no more than 15%
above the appraised value for purchase of right-of-way property.
Vice Chairman Davis agreed with Commissioner Wheeler's desire to streamline
the right-of-way acquisition process, and wanted to see the right-of-way department
consolidated, with more cohesiveness among the different departments. He requested Attorney
Mickey Barkett, who had expertise in eminent domain, to provide her perspective on
streamlining right-of-way acquisitions.
Attorney Mickey Barkett stated that right-of-way acquisitions should begin with
whoever originates the right-of-way designs, which should then be evaluated by engineering,
which would be provided with the overall objective of the road project. She believed that the
sooner a taking authority gets in and does the project, the better, for both the government and
the property owner. She suggested that the Board check with other Counties regarding their
processes, and disclosed that paralegals and non -attorneys can be used to handle pre -
negotiations. Attorney Barkett deemed that obtaining fair appraisals, then adding an additional
percentage, could often effect a smooth right-of-way acquisition process.
Attorney Barkett responded to questions from the Board specific to the purchase
of Mark's Mobil. She pointed out that the County could have used their position as a taking
authority to take the entire property without compensating for business damages, if an
engineering necessity for the entire property had been established.
Deputy County Attorney William DeBraal stated that appraisers and attorneys
should be involved at the beginning of the planning process. He noted that the County needs to
identify where costly takings might occur and plan accordingly.
Pursuant to the Board's request, Public Works Director Jim Davis discussed the
history of the intersection at Mark's Mobil, and explained why the right-of-way acquisition
process for Mark's Mobil had taken so long.
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September 16, 2008
Administrator Baird advised that he and Attorney Collins would meet to discuss
right-of-way acquisition procedures.
The Board directed the County Attorney and the County Administrator to return
to the Board with a proposal on a faster, more streamlined, and cohesive procedure for moving
forward with future right-of-way acquisitions.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment of the regular BCC
meeting, the Board would reconvene as the Board of Commissioners of the Emergency Services
District. Those Minutes are being prepared separately and appended to this document.
15.A.1. AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF
RETAINAGE TO BARTH CONSTRUCTION, INC. FOR THE CONSTRUCTION
OF FIRE RESCUE TRAINING TOWER
1 S.A. 2. APPROVAL OF SUPPLEMENTAL EMERGENCY MANAGEMENT
PREPAREDNESS GRANT AGREEMENT 09 -BG -20-10-40-01
Clerk's Note: This item was moved and placed on the Consent Agenda as Item
8.V.
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September 16, 2008
1 S.A. 3. CONSTRUCTION SERVICES CONTRACT (PART IIAGREEMENT) WITH
BARTH CONSTRUCTION FOR THE CONSTRUCTION OF INDIAN RIVER
COUNTY FIRE RESCUE STATION NO. 12
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately and appended to
this document.
15.B.1. SCHEDULED PUBLIC HEARING ON SEPTEMBER 23, 2008 TO APPROVE
THE THIRD AMENDMENT TO THE FRANCHISE AGREEMENTS FOR
WASTE MANAGEMENT, INC. OF FLORIDA AND REPUBLIC SERVICES OF
FLORIDA, LP
15.B.2. INDIAN RIVER CORRECTIONAL INSTITUTION'S REQUEST FOR SOLID
WASTE ASSESSMENT ADJUSTMENT
15.B3. PUBLIC ANNOUNCEMENT FOR A HOUSEHOLD HAZARDOUS WASTE
COLLECTION EVENT ON SEPTEMBER 20, 2008 & CONTRACT FOR
HOUSEHOLD HAZARDOUS WASTE COLLECTION
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September 16, 2008
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved:
BCC/MG/2008Minutes
September 16, 2008
NOV 1 8 2008
Wesley S. Davis, Vice Chairman
For: Sandra L. Bowden, Chairman
47
It 135 P6 8 5
Minutes Approved:
BCC/MG/2008Minutes
47
September 16, 2008