HomeMy WebLinkAbout09/18/2007 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 18, 2007
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 3
5.A. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 29, 2007 AS
POW -MIA RECOGNITION DAY 3
5.B. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 17-21, 2007 AS
INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY, FLORIDA 3
5.C. PRESENTATION BY RONNIE HEWETT, PRESIDENT & CEO, BOYS & GIRLS CLUB
OF INDIAN RIVER COUNTY 4
6. APPROVAL OF MINUTES -NONE 6
7. CONSENT AGENDA 6
7.A. APPROVAL OF WARRANTS -AUGUST 31, 2007 -SEPTEMBER 6, 2007 6
7.B. INVESTMENT COMMITTEE REPORT FOR THE QUARTER ENDING 6/30/07 6
September 18, 2007 1
7.C. ELECTION OF TRANSPORTATION DISADVANTAGED LOCAL COORDINATING
BOARD VICE CHAIRMAN 7
7.D. TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD (TDLGB)
VETERAN'S ASSOCIATION LIAISON 7
7.E. PROPERTY ACQUISITION- TAX ROLL REMOVAL & TAX CANCELLATION 7
7.F. APPROVAL OF WORK ORDER No. Ml WITHMALCOLMPIRNIE, INC. FOR
CONSTRUCTION SUPPORT SERVICES AND PREPARATION OFA QUALITY
ASSURANCE PROJECT PLAN FOR THE MAIN RELIEF CANAL POLLUTION
CONTROL SYSTEM 12
7.G. SECTOR 7BEACHRESTORATIONPROJECT, FINAL PAYMENT AND RELEASE OF
RETAINAGE, GREAT LAKES DREDGE AND DOCK COMPANY, LLC 13
7.H. WORK ORDER No. AMET-1, A.M. ENGINEERING AND TESTING, INC.,
GEOTECHNICAL PROFESSIONAL CONSULTANTS, FOR: PROFESSIONAL
GEOTECHNICAL SERVICES FOR WABASSO BEACH PARK RESTORATION
PROJECT 13
7i OSLO ROAD WIDENING PHASE I FROM WEST OF OLD DIXIE HIGHWAY TO 27TH
AVENUE, ENGINEERING SERVICES AMENDMENTS NO. 3, 4, 5 -
RECONCILIATION OF PERMIT APPLICATION FEES 14
7.J. UTILITY EASEMENT DEDICATION TO FLORIDA POWER AND LIGHT AT WEST
REGIONAL WASTEWATER TREATMENT FACILITY- UCP-2621 14
7.K. RECOMMENDATION TO REJECT BIDS FOR BID No. 2007084 AND REBID
PROJECT FOR MEADOWLARK WOODS SUBDIVISION WATER ASSESSMENT
PROJECT, UCP #2324 14
7.L. LATERAL "J" CANAL N/O OSLO ROAD 18" FORCE MAINRELOCATION, WORK
AUTHORIZATION DIRECTIVE No. 2007-002, UCP N0. 2899, APPROVAL OF
FINAL PAYMENT TO CONTRACTOR AND RELEASE OF RETAINAGE 15
7.M. CONSIDERATION OF COST-SHARE AGREEMENT WITH THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT FOR REPAIR/PL UGGING OF ABANDONED
ARTESIAN WELLS 15
7.N. PRIME HOMES AT PORTOFINO VILLAGE COMMERCIAL, LTD REQUEST FOR
RELEASE OF EASEMENTS AT 9450 20T STREET (VERO TROPICAL GARDENS
SUBDIVISION) 16
September 18, 2007 2
7.0. CHILDREN'S SERVICES ADVISORY COMMITTEE CONTRACT FOR AGENCY
FUNDING 16
7.P. PROFESSIONAL ENGINEERING SERVICES FOR DESIGN AND PERMITTING OF
17TH LANE S.W. FROM 27TH AVENUE EAST APPROXIMATELY 900 LF 17
7.Q. WORK ORDER No. 13 (ENGINEERING/SURVEY, MASTELLER, MOLER, REED &
TAYLOR, INC., INDIAN RIVER DRIVE PHASE Two, RIGHT-OF-WAY MAPPING
PROJECT, CONTINUING PROFESSIONAL SURVEY SERVICES, CONTRACT 0390/
2006-2007PROJECT 0634 18
7.R. WORK ORDER No. 14 (ENGINEERING/SURVEY, MASTELLER, MOLER, REED &
TAYLOR, INC., INDIAN RIVER DRIVE PHASE ONE, RIGHT-OF-WAY MAPPING
PROJECT, CONTINUING PROFESSIONAL SURVEY SERVICES, CONTRACT 0390/
2006-2007PROJECT 0634 19
7.S. WORK ORDER No. 9 (ENGINEERING), PROFESSIONAL SURVEYING SERVICES
AGREEMENT FOR ANNUAL SURVEYING AND MAPPING SERVICES WITH CARTER
ASSOCIATES, INC 19
7. T. CONTINUING CONTRACT AGREEMENTS -PROFESSIONAL SERVICES -
EXTENSION TERM 20
7.U. APPROVAL OF EXCESS FURNITURE AND DECLARING IT SURPLUS AND
AUTHORIZING THE PROPER DISPOSAL 20
7.V. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID #2007083,
27TH DRIVE NORTH OF 4TH STREET WATER ASSESSMENT, UTILITIES
DEPARTMENT 21
7.W. IRCBID # 2008001 ANNUAL BID FOR SOD, PUBLIC WORKS DEPARTMENT/
ROAD AND BRIDGE DIVISION 21
7.X. INDIAN RIVER COUNTY BID # 2007054 WABASSO CAUSEWAY 22
7. Y. RECOMMENDATION FOR RE-AWARD OF BID #2007044 FOR CONSTRUCTION
AND TESTING OF PUBLIC SUPPLY WELLS IN THE NORTH COUNTY WELLFIELD,
UTILITIES DEPARTMENT 23
7.Z. 2007/2008 STATE OF FLORIDA DEPARTMENT OF HEALTH CONTRACT 23
7.AA. MISCELLANEOUS BUDGET AMENDMENT 025 24
7.BB. RIGHT-OF-WAYACQUISITION, ELEANOR K. SCOPINICH, 1955 98TH AVENUE,
VERO BEACH 24
September 18, 2007 3
7.CC RIGHT-OF-WAYACQUISITION, ROBERT C. FORD AND JANE A. FORD,1805 82ND
AVENUE, VEROBEACH 25
7.DD.SHELBY HOMES INC. REQUEST FOR FINAL PLAT APPROVAL FOR A
SUBDIVISION TO BE KNOWN AS MILLSTONE LANDING P.D. — PHASE 2 25
7.EE. 77TH STREET/58THAVENUE INTERSECTION IMPROVEMENTS — COST FOR
ADDITIONAL ELECTRIC UTILITY WORK 25
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES- NONE 26
9. PUBLIC ITEMS 26
9.A. PUBLIC HEARINGS 26
9.A.1. CONSIDERATION OF PURCHASE OF CONSERVATION EASEMENTS ON THE
PADGETT BRANCH ENVIRONMENTAL LANDS PROGRAM SITE 26
9.A.2. PETITION FOR CREATION OF INDIAN RIVER PARK OF COMMERCE COMMUNITY
DEVELOPMENT DISTRICT 33
9.B. PUBLIC DISCUSSION ITEMS -NONE 34
9.C. PUBLIC NOTICE ITEMS 34
9. C.1. NOTICE OFSCHEDULED PUBLICHEARING FOR MEETING OF
OCTOBER 2, 2007: 34
ROBERT PICKETT JR. 'S REQUEST TO ABANDON SEGMENT OF 6THAVENUE S.W.
SOUTH OF 7THLANES.W. (LEGISLATIVE) 34
9. C.2. NOTICE OFSCHEDULED PUBLICHEARING FOR MEETING OF
OCTOBER 2, 2007: 34
AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION 972.08 ADDITIONAL
REQUIREMENTS FOR TEMPORARY VEHICLE AND BOAT SALES (LEGISLATIVE) 34
9. C.3. NOTICE OFSCHEDULED PUBLICHEARING FOR MEETING OF
OCTOBER 9, 2007: 34
BOARD CONSIDERATION OF THE APPROVAL OFA PLAN OF FINANCE TO PROVIDE
CAPITAL, INCLUDING THE ISSUANCE FROM TIME TO TIME BY THE ESCAMBIA
COUNTY HOUSING FINANCE AUTHORITY, ON BEHALF OF INDIAN RIVER
September 18, 2007 4
COUNTY AND OTHER PARTICIPATING COUNTIES, OF NOT EXCEEDING
$150,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS
(ADMINISTRATIVE) 34
10. COUNTY ADMINISTRATOR'S MATTERS 35
10.A. COMMITTEE MINUTES 35
11. DEPARTMENTAL MATTERS 37
11.A. COMMUNITY DEVELOPMENT 37
11.A. 1. REQUEST FOR BOARD OF COUNTY COMMISSIONERS AUTHORIZATION
FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO MAKE APPLICATION FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DISASTER RECOVERY
FUNDS, REQUEST FOR BOARD ADOPTION OF THE 2007 HURRICANE WILMA
CDBG DISASTER RECOVERY INITIATIVE HOUSING ASSISTANCE PLAN, AND
REQUEST FOR AUTHORIZATION TO PROCEED WITH THE CONSULTANT
SELECTION PROCESS 37
11.B. EMERGENCY SERVICES -NONE 38
11. C. GENERAL SERVICES 38
11.C. 1. REQUEST FOR BOARD DIRECTION ON LOCATION OF THE FREEDOM
SHRINE AS PROVIDED BY THE EXCHANGE CLUB 38
11.D. HUMANRESOURCESNONE 39
11.E. HUMANSERVICESNONE 39
11.F. LEISURE SERVICES -NONE 39
11. G. OFFICE OF MANAGEMENT AND BUDGET -NONE 39
11.H. RECREATION -NONE 39
11.1. PUBLIC WORKS 39
11.1.1. APPROVAL OF WORK ORDER NO. 4 -RR FOR THE ROCKRIDGE
SUBDIVISION SURGE PROTECTION PROJECT 39
11..1 UTILITIES SERVICES 41
September 18, 2007 5
11.J.1. AMENDMENT NO. 1 TO WORK ORDER No. 2 TO PBS&J- NORTH AND
SOUITHRO PLANTS, WELL HYDROLOGY MODELING AND WELL FIELD
EXPANSIONS 41
11.J.2. ROCKRIDGESUBDIVISION DRAINAGE IMPROVEMENTS - UCP#2521
CHANGE ORDER No. 1 TO GIANNETTI CONTRACTORS, INC. 42
11.J.3. GRAND HARBOR SPOONBILL MARSHSITE, WORK ORDER No. 21 WITH
MASTELLER, MOLER, REED & TAYLOR, INC. FOR SPECIFIC PURPOSE, SURVEY
OF THE SPOONBILL MARSH TEMPORARY CONSTRUCTION EASEMENT 42
11.J.4. AMENDMENT NO. 5 TO WORK ORDER No. 1 WITHECOTECH
CONSULTANTS, INC. 49
12. COUNTY ATTORNEY MATTERS -NONE 50
13. COMMISSIONER ITEMS 50
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN -NONE 50
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR NONE 50
13. C. COMMISSIONER WESLEYS. DAVIS-NONE 50
13.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 50
13.E. COMMISSIONER PETER D. O'BRYAN 50
DISCUSSION OF RECENT DECISION BY ST. JOHN'S RIVER WATER MANAGEMENT
DISTRICT (SJR WMD) TO SURPLUS AND EXCHANGE THE SAND LAKES TRACT
CONSERVATION LANDS & EVALUATION OF OPTIONS FOR APPEALING THIS
DECISION TO THE GOVERNOR AND CABINET 50
14. SPECIAL DISTRICTS AND BOARDS 54
14.A. EMERGENCY SERVICES DISTRICT -NONE 54
14.B. SOLID WASTE DISPOSAL DISTRICT 54
14.B.1. INDIAN RIVER CORRECTIONAL INSTITUTION'S REQUEST FOR SOLID
WASTE ASSESSMENT ADJUSTMENT 54
September 18, 2007 6
14.B.2. AMENDMENT NO. 1 TO WORK ORDER No. 1 TO BROWN AND
CALDWELL FOR ENGINEERING SERVICES RELATED TO THE EXPANSION OF THE
FELLSMERE CUSTOMER CONVENIENCE CENTER 54
14.B.3. CONTRACT FOR YARD/WOOD WASTE PROCESSING 54
14. C. ENVIRONMENTAL CONTROL BOARD NONE 55
15. ADJOURNMENT 55
September 18, 2007 7
September 18, 2007
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 18, 2007. Present were Chairman Gary C. Wheeler, Vice
Chair Sandra L. Bowden, and Commissioners Wesley S. Davis, Joseph E. Flescher, and
Peter D. O'Bryan. Also present were County Administrator Joseph A. Baird, County
Attorney William G. Collins II, and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Public Works Director Jim Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Gary C. Wheeler led the Pledge of Allegiance to the Flag.
September 18, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
The following changes were requested to today's Agenda:
Addition: Item 13.E.
Commissioner O'Bryan requested a discussion of the recent decision of St. Johns
River Water Management District to surplus and exchange the Sand Lakes Tract
conservation lands, and wanted Board direction for staff to evaluate options for appealing
this decision to the Governor and Cabinet.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Wheeler, the Board unanimously added Item
13.E. to the Agenda.
Proposed Deletion: Item 9.A.2. Petition for creation of Indian River Park of
Commerce Community Development District
Chairman Wheeler said there had been a request to pull Item 9.A.2. from the
Agenda. Vice Chair Bowden felt that this item should remain since it had been advertised
as a Public Hearing.
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, the Board unanimously decided to not
pull Agenda Item 9.A.2. under Public Hearings.
3. Vice Chair Bowden requested that Utilities Services, Items 11.J.2., 11.J.3.,
and 11.J. 4., be discussed immediately following Public Hearing Item 9.A.2.
September 18, 2007 2
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, the Board unanimously approved to
hold the discussion for Items 11.J.2., 11.J.3., and 11.J.4.,
immediately following Public Hearing Item 9.A.2.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 29,
2007 AS POW -MIA RECOGNITION DAY
Chairman Wheeler read and presented the Proclamation to Helen Glenn, Alma
Lee Loy, and John Matthews, members of the Veterans Memorial Island Sanctuary
Committee. Mrs. Glenn invited the public to attend the September 29, 2007 dedication
ceremony for a new memorial on the Island. Mr. Matthews introduced Richard Moulton, a
former POW and MIA, who spoke about his experiences during World War II.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING SEPTEMBER 17-21,
2007 AS INDUSTRY APPRECIATION WEEK IN INDIAN RIVER COUNTY,
FLORIDA
Commissioner O'Bryan read and presented the proclamation to Linda Schlitt
Gonzalez, who thanked the Board on behalf of the Economic Development Committee and
the Chamber of Commerce. She invited the Board to attend the Industry Appreciation
luncheon on Thursday, September 20, 2007.
September 18, 2007 3
5. C. PRESENTATION BY RONNIE HEWETT, PRESIDENT & CEO, BOYS &
GIRLS CLUB OF INDIAN RIVER COUNTY
President & CEO Ronnie Hewett, Boys and Girls Club of Indian River County,
discussed the proposed relocation of the 27th Avenue South County Boys and Girls Club to
the South County Park. He updated the Commissioners on the Club's current projects, and
provided a brief synopsis of the need and proposed plans for the new building. Mr. Hewett
asked for Board approval of the project in concept, so that Club officials could talk with the
Recreation Commission and the Recreation Department to organize the plan, and return to
the Board in October or November 2007 with more specific information.
Discussion ensued among the Board, Administrator Baird, and Mr. Hewitt
regarding the feasibility of creating a special needs emergency shelter at the new facility,
the importance of not duplicating recreational services, and the advantages of having the
County and School Board partner with the Boys and Girls Club. The Board directed
Administrator Baird to meet with Mr. Hewett and the School Board for further discussions.
Scott Chisholm, Chairman, Parks and Recreation Commission, expressed
consternation that this item had not gone before his committee for a recommendation, and
suggested that the Board let them review this and work out the details. He informed the
Board that his organization has a master plan for the South County Park, and he wanted to
begin fund raising so construction could begin in January 2008. Mr. Chisholm
acknowledged the Boys and Girls Club as an excellent community resource, but declared
that they had never approached Parks and Recreation regarding their desire to utilize the
South County location.
Mr. Chisholm stated that the Boys and Girls Club has great partnerships with the
School Board, and he advocated partnering with other agencies to avoid duplication of
September 18, 2007 4
services. He declared that the County needs to carefully assess what should be done with
its park space. Mr. Chisholm felt the wave of the future would be to have indoor facilities at
each of the three main component parks, Gifford, South County, and North County, with
South County being the first location.
Vice Chair Bowden was not aware that Mr. Chisholm had not heard about the
proposed relocation of the Boys and Girls Cub to South County Park and wanted to be sure
to include the Parks and Recreation Commission in the process.
Administrator Baird apologized to Mr. Chisholm for not mentioning that the
County was planning to discuss this item with the Parks and Recreation Commission. It
was never his intention to leave out Parks and Recreation.
Commissioner Davis said the Board should rephrase their direction to
Administrator Baird. Instead of the prior direction to meet with Mr. Hewett and the School
Board for discussions, the item should be brought back to the Parks and Recreation
Commission, and then returned to the Board via Administrator Baird.
Commissioner Flescher, liaison to the Parks and Recreation Commission, was
familiar with the positive results attained by the Boys and Girls Club. He did not want to
see a divide occur between Parks and Recreation and the Club, and invited Mr. Hewett to
bring a presentation to the Parks and Recreation Commission.
Mr. Hewett made it clear that the Boys and Girls Club had not planned on
circumventing the process of going through the Parks and Recreation Commission. They
had intended all along to work with Parks and Recreation, and to come together with a
consensus.
September 18, 2007 5
Bea Gardner, Vice Chair of the City of Vero Beach Recreation Commission,
advised the Board and the speakers to be careful of duplicating their programs. Ms.
Gardner voiced that Vero Beach has some facilities that might work, and wanted Mr.
Hewett to meet with the City's Recreation Commission.
Vice Chair Wheeler announced the Board's CONSENSUS to move forward, hand
in hand with the other agencies.
Mr. Hewett was optimistic that the Boys and Girls Club could get together with
other appropriate groups, work things out, and return to the Board with a plan benefiting all
concerned.
6. APPROVAL OF MINUTES -NONE
7. CONSENT AGENDA
Commissioner Wheeler asked that Item 7.P. be pulled for discussion.
7.A. APPROVAL OF WARRANTS —AUGUST 31, 2007 — SEPTEMBER 6, 2007
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
August 31, 2007 to September 6, 2007, as requested in the
memorandum of September 6, 2007.
7.B. INVESTMENT COMMITTEE REPORT FOR THE QUARTER ENDING
6/30/07
September 18, 2007 6
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Investment Advisory Committee Quarterly Report, as
requested in the memorandum of September 10, 2007.
7.C. ELECTION OF TRANSPORTATION DISADVANTAGED LOCAL
COORDINATING BOARD VICE CHAIRMAN
The Board noted the election of Mr. William Lundy Parden as Vice Chairman of
the Transportation Disadvantaged Local Coordinating Board (TDLCB) to complete the
term for the year 2007, vacated by Mr. Ron Tesnow, who retired.
7.D. TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD
(TDLCB) VETERAN'S ASSOCIATION LIAISON
The Board noted the resignation of Mr. Ron Tesnow, Liaison to the Transportation
Disadvantaged Local Coordinating Board Veteran's Association, and the selection of
alternate Joel Herman to fill the position.
7.E. PROPERTY ACQUISITION — TAX ROLL REMOVAL & TAX CANCELLATION
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
September 18, 2007 7
Resolution 2007-109, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 74th Avenue — Parcel 104 — Capital Trust as Trustee
for Irvin Basil Keller).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-110, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 74th Avenue — Parcel 105 - Capital Trust as Trustee
for Irvin Basil Keller).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-111, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(Environmental Land - Shadowbrook Estates, Inc.).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-112, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — CR510 & 66th Avenue - Ryall Acquisition Group).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-113, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
September 18, 2007 8
(R/W — 74th Avenue — Parcel 102 - Curtis and
Trevino-Aversa).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-114, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 66th Avenue - Edna & J.C. Franks & Lois Franks
Rice).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-115, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 43rd Ave. at 16th St. - John Flaig).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-116, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — Barber Street — Maronda Homes of Florida).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-117, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 8th Street - McGregor Revocable Trust).
September 18, 2007 9
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-118, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — Proposed 37th Avenue SW., Vero Enterprises).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-119, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 74th Avenue - J. Patrick Schirard Trust).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-120, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 8th Street - Jack & Julia Miller).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-121, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — Environmental Land - Lincoln Land Development).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-122, canceling taxes upon publicly
September 18, 2007 10
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — CR510 — Chester Wilcox Trust).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-123, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 90th Ave. & SR60 — HPT TA Properties TR).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-124, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 66th Avenue — Robert & Mary Slezak).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-125, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 66th Avenue — VGS Homes).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-126, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — CR510 — Bristol Island).
September 18, 2007 11
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-127, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — CR510 — Bristol Island).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-128, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 69th Street — East Coast Holding).
7.F. APPROVAL OF WORK ORDER No. MI WITHMALCOLMPIRNIE, INC.
FOR CONSTRUCTION SUPPORT SERVICES AND PREPARATION OF A
QUALITY ASSURANCE PROJECT PLAN FOR THE MAIN RELIEF CANAL
POLLUTION CONTROL SYSTEM
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. M1 with Malcolm Pirnie, Inc., and
authorized the Chairman to execute same, as recommended
in the memorandum of September 10, 2007
WORK ORDER IS ON FILE IN OFFICE OF THE CLERK TO THE BOARD
September 18, 2007 12
7.G. SECTOR 7 BEACH RESTORATION PROJECT, FINAL PAYMENT AND
RELEASE OF RETAINAGE, GREAT LAKES DREDGE AND DOCK
COMPANY, LLC
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the final release of retainage, GLDD application for
Payment No. 6B, in the amount of $4,482.11, as
recommended in the memorandum of September 10, 2007.
7.H. WORK ORDER No. AMET--1, A.M. ENGINEERING AND TESTING, INC.,
GEOTECHNICAL PROFESSIONAL CONSULTANTS, FOR: PROFESSIONAL
GEOTECHNICAL SERVICES FOR WABASSO BEACH PARK RESTORATION
PROJECT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. AMET-1, in the total amount of
$3,715.00, authorizing the project, as outlined in the Scope
of Services, and authorized the Chairman to execute same,
as recommended in the memorandum of September 12,
2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 18, 2007 13
7.1. OSLO ROAD WIDENING PHASE I FROM WEST OF OLD DIXIE HIGHWAY
TO 27TH AVENUE, ENGINEERING SERVICES AMENDMENTS No. 3, 4, 5 —
RECONCILIATION OF PERMIT APPLICATION FEES
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
increasing the contract amount by $1,750.00 to reimburse
Kimley-Horn and Associates, Inc., for the payments for
permits made to permitting agencies on the County's
behalf, as recommended in the memorandum of August 29,
2007.
7.J UTILITY EASEMENT DEDICATION TO FLORIDA POWER AND LIGHT AT
WEST REGIONAL WASTEWATER TREATMENT FACILITY— UCP -2621
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Easement to FP&L and authorized the Chairman to
execute the Easement Agreement as presented and
recommended in the memorandum of August 30, 2007.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. RECOMMENDATION TO REJECT BIDS FOR BID No. 2007084 AND REBID
PROJECT FOR MEADOWLARK WOODS SUBDIVISION WATER
ASSESSMENT PROJECT, UCP #2324
September 18, 2007 14
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
rejection of the bids received for Bid Number 2007084 and
opened on August 31, 2007, and approved rebidding the
project with a revised design, as recommended in the
memorandum of September 10, 2007.
7.L. LATERAL "J" CANALN/O OSLO ROAD 18" FORCE MAIN RELOCATION,
WORK AUTHORIZATION DIRECTIVE No. 2007-002, UCP No. 2899,
APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND RELEASE OF
RETAINAGE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) the total labor cost of $112,777.60, and (2) the
Application for Payment No. 3 — Final as final payment to
the Contractor, Underground Utilities, Inc., in the amount
of $8,123.70, as recommended in the memorandum of
September 5, 2007.
7.M. CONSIDERATION OF COST -SHARE AGREEMENT WITH THE ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT FOR REPAIR/PLUGGING OF
ABANDONED ARTESIAN WELLS
September 18, 2007 15
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the countywide abandoned flow well plugging Cost -Share
Agreement with the SJRWMD, and authorized the County
Administrator to execute same, as recommended in the
memorandum of September 7, 2007.
7.N. PRIME HOMES AT PORTOFINO VILLAGE COMMERCIAL, LTD REQUEST
FOR RELEASE OF EASEMENTS AT 9450 20TH STREET (VERO TROPICAL
GARDENS SUBDIVISION)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution No. 2007-129, releasing easements on certain
lots in Vero Tropical Gardens Subdivision Units 1 and 2, as
recommended in the memorandum of September 7, 2007.
7.0. CHILDREN'S SERVICES ADVISORY COMMITTEE CONTRACT FOR
AGENCY FUNDING
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
September 18, 2007 16
the Children's Services Advisory Committee Funding
Contract to be executed by agencies that were approved for
funding for the 2007-2008 funding year at the Final Budget
Hearing on September 12, 2007.
The Board also authorized the Chairman to execute each
completed Children's Services Advisory Committee
Contract for Agency Funding, using the approved form as
prepared by staff in accordance with the report approved at
the Final Budget Hearing on September 12, 2007, as
requested in the memorandum of September 12, 2007.
7.P. PROFESSIONAL ENGINEERING SERVICES FOR DESIGN AND
PERMITTING OF 17TH LANE S.W. FROM 27111AVENUEEAST
APPROXIMATELY 900 LF
Chairman Wheeler asked for a more detailed explanation as to why they needed to
redesign the intersection at 17th Lane SW & 27th Avenue, for the Falcon Trace Subdivision.
County Engineer Chris Kafer, through his memorandum of September 10, 2007,
provided details on this project, which is a continuation of roadway improvements from
17th Lane SW from 27th Avenue to the entrance of the Falcon Trace Subdivision. Mr.
Kafer disclosed that since a portion of 17th Lane was designed for Sunrise Subdivision,
which has abandoned their plat, the design is no longer in accordance with its original
intent. He explained that since Masteller & Moler, Inc. had prepared the original
drawings for the Sunrise Subdivision, it would be best for them to redesign that section to
September 18, 2007 17
continue the design which was done by another engineer to the east of it. Mr. Kafer
divulged that the design services would also eliminate the need for 17th Street SW to be
shut down twice.
The Board directed questions to Mr. Kafer regarding the funding of this project.
Mr. Kafer discussed the cost apportionments and learned that the County's portion would
be $11,080.00.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Davis, the Board unanimously approved the
Lump Sum fee of $11,080.00 to Masteller and Moler, Inc.,
for design and survey services for 17th Lane S.W., from 27th
Avenue to approximately 900LF east of 27th Avenue, and
authorized the Chairman to execute the Agreement, as
recommended in the memorandum of September 10, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Q. WORK ORDER No. 13 (ENGINEERING/SURVEY), MASTELLER, MOLER,
REED & TAYLOR, INC., INDIAN RIVER DRIVE PHASE Two,
RIGHT-OF-WAY MAPPING PROJECT, CONTINUING PROFESSIONAL
SURVEY SERVICES, CONTRACT 0390/2006-2007 PROJECT 0634
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 13 (Engineering/Survey) authorizing the
September 18, 2007 18
project as outlined in the Scope of Services, and authorized
the Chairman to execute same, as recommended in the
memorandum of September 11, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.R. WORK ORDER No. 14 (ENGINEERING/SURVEY), MASTELLER, MOLER,
REED & TAYLOR, INC., INDIAN RIVER DRIVE PHASE ONE,
RIGHT-OF-WAY MAPPING PROJECT, CONTINUING PROFESSIONAL
SURVEY SERVICES, CONTRACT 0390/2006-2007 PROJECT 0634
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 14 (Engineering/Survey), authorizing the
project as outlined in the Scope of Services, and authorized
the Chairman to execute same, as recommended in the
memorandum of September 11, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.S. WORK ORDER No. 9 (ENGINEERING), PROFESSIONAL SURVEYING
SERVICES AGREEMENT FOR ANNUAL SURVEYING AND MAPPING
SERVICES WITH CARTER ASSOCIATES, INC.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 9, authorizing the services as outlined in
September 18, 2007 19
the Scope of Services, and authorized the Chairman to
execute same, as recommended in the memorandum of
September 10, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.T. CONTINUING CONTRACT AGREEMENTS — PROFESSIONAL SERVICES —
EXTENSION TERM
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the First Amendment to Continuing Contract Agreement
for Professional Services with Donadio and Associates and
Edlund Dritenbas of Vero Beach, and Starmer Rinaldi of
Winter Springs, as recommended in the memorandum of
August 29, 2007.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.U. APPROVAL OF EXCESS FURNITURE AND DECLARING IT SURPLUS AND
AUTHORIZING THE PROPER DISPOSAL
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of excess fixed assets and declared them as surplus
items, and authorized the proper disposal of such items
along with non -fixed asset items, as provided within the
September 18, 2007 20
Florida Statutes and County regulations granting authority
to the County Administrator to make the specific decision
of the methods to be used for such disposal, as
recommended in the memorandum of September 12, 2007.
7.V. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID
#2007083, 27TH DRIVE NORTH OF 41.11 STREET WATER ASSESSMENT,
UTILITIES DEPARTMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the bid be awarded to Timothy Rose Contracting, Inc. as
the lowest most responsive and responsible bidder meeting
the specifications as set forth in the Invitation to Bid. The
Board also approved the Sample Agreement and authorized
the Chairman to execute same, when required performance
and payment bonds have been submitted along with
appropriate Certificate of Insurance, and the County
Attorney has approved the agreement as to form
and legal sufficiency, as recommended in the memorandum
of September 7, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.W. IRC BID # 2008001 ANNUAL BID FOR SOD, PUBLIC WORKS
DEPARTMENT /ROAD AND BRIDGE DIVISION
September 18, 2007 21
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the bid be awarded to M. W. Cook, Inc., as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid.
The Board also authorized: (1) the Purchasing Division to
issue blanket purchase orders or individual job purchase
orders, as needed, for the period of October 1, 2007 through
September 30, 2008 with the recommended bidder; and (2)
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 12, 2007.
7.X. INDIAN RIVER COUNTY BID # 2007054 WABASSO CAUSEWAY
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously rejected
all bids, as recommended in the memorandum of
September 6, 2007. All bids came in over the engineers'
estimate. Public Works will re -bid the project at a later date
if funds should become available.
September 18, 2007 22
7.Y. RECOMMENDATION FOR RE -AWARD OF BID #2007044 FOR
CONSTRUCTION AND TESTING OF PUBLIC SUPPLY WELLS IN THE
NORTH COUNTY WELLFIELD, UTILITIES DEPARTMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the bid be re -awarded to Wells & Water Systems, Inc., as
the second lowest most responsive and responsible bidder
meeting the specifications as set forth in the Invitation to
Bid. The Board also approved the sample agreement and
authorized the Chairman to execute said agreement when
required performance and payment bonds have been
submitted along with appropriate Certificate of Insurance
and the County Attorney has approved the Agreement as to
form and legal sufficiency, all as recommended in the
memorandum of September 10, 2007.
7.Z. 2007/2008 STATE OF FLORIDA DEPARTMENT OF HEALTH CONTRACT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
September 18, 2007 23
the 2007/2008 contracts with the State of Florida
Department of Health for operation of the Indian River
County Health Department, as recommended in the
memorandum of September 10, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.AA. MISCELLANEOUS BUDGET AMENDMENT 025
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution No. 2007-130, amending the fiscal year
2006-2007 budget.
7.BB. RIGHT-OF-WAYACQUISITION, ELEANOR K. SCOPINICH, 1955 98TH
AVENUE, VERO BEACH
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, the $67,950.00 purchase, and authorized
the Chairman to execute the Agreement, as recommended
in the memorandum of September 7, 2007.
September 18, 2007 24
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7. CC RIGHT-OF-WAY ACQUISITION, ROBERT C. FORD AND JANE A. FORD,
1805 82" AVENUE, VERO BEACH
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, the $36,000.00 purchase, and authorized
the Chairman to execute the Agreement, as recommended
in the memorandum of September 5, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.DD. SHELBY HOMES INC. REQUEST FOR FINAL PLAT APPROVAL FOR A
SUBDIVISION TO BE KNOWN AS MILLSTONE LANDING P.D. — PHASE 2
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously granted
final plat approval for Millstone Landing P.D. — Phase 2, as
recommended in the memorandum of September 12, 2007.
7.EE. 77TH STREET/58THAVENUE INTERSECTION IMPROVEMENTS — COST FOR
ADDITIONAL ELECTRIC UTILITY WORK
September 18, 2007 25
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, whereby the County and Developer will
share 50% of the $110,840.00 cost equally, as
recommended in the memorandum of September 4, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES- NONE
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.1. CONSIDERATION OF PURCHASE OF CONSERVATION EASEMENTS ON
THE PADGETT BRANCH ENVIRONMENTAL LANDS PROGRAM SITE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Chief of Environmental Planning Roland DeBlois explained that there were two
option agreements and proposed conservation easements for ownerships in the Padgett
Branch Land Acquisition Site: (1) Padgett Creek, LLC, ±857 acres, and (2) Triple S Land
Company, ±728 acres. He used a PowerPoint presentation to discuss the key points of the
issue, and displayed maps and photos of the southwest county site. Mr. DeBlois revealed
that the Padgett Branch Land Acquisition Program site is part of a bigger regional project at
the State level, called the Kissimmee Saint Johns River Connector Project, which may
September 18, 2007 26
receive 50% cost share funding through the Florida Forever project, if future allocations
become available.
Mr. DeBlois reviewed the purposes for, and the costs of purchasing the easements,
and spoke about the protection of natural resources, wildlife habitat, and surface water. He
presented the pros and cons of purchasing the easements versus purchasing the land on a
fee -simple basis (had it been so available).
Mr. DeBlois related that staff had rechecked and found that the purchase of
development rights and conservation easements was within the realm of the bond
resolutions. He reported that the Land Acquisition Advisory Committee (LAAC) had
voted 11-3 for Board approval of the purchase. Mr. DeBlois then presented staff's
recommendation for Board approval of the option agreements.
Assistant County Attorney Marian Fell and Mr. DeBlois responded to questions
from Chairman Wheeler and Commissioners O'Bryan and Flescher regarding baseline
evaluations and the monitoring of the property on an annual basis.
The Chairman opened the public hearing.
Joseph Paladin, President of Black Swan Consulting, and the Chairman of the
Growth Awareness Committee, believed the Board should explore coming up with some
type of TDR (Transfer of Development Rights) so that the development rights could be
utilized as a commodity. He noted that hundreds of thousands of acres would have to be
purchased eventually, and he would like to see that done with developer, rather than
taxpayer money. He did not understand why the development rights could not be
transferred into the ownership of the Land Acquisition Committee and sold; the money
could be used to purchase more land. Although Mr. Paladin supported the purchase, he
September 18, 2007 27
wanted the Board to table this item until more information was obtained regarding the
TDR's.
Assistant County Attorney Marian Fell stated that Bond Counsel had informed her
that it was problematic to use bond proceeds to establish a program of TDR's.
Mr. Paladin had some additional suggestions regarding the conservation
easement lands: (1) to set a portion aside to teach children about ranching and farming, and
(2) to certify the lands as a receiving area for tortoises as an income generator for the
County or land owner.
Chairman Wheeler commented that going through the bond process, he was never
under the impression that the objective or intent was to transfer development rights, but
actually to take those rights off the table and reduce the amount of potential development.
Mr. Paladin felt that the public now realizes how much land must be purchased
and advocated having a workshop to further investigate the use of the TDR's.
Renee Renzi, on behalf of the Civic Association of Indian River County, read a
statement supporting the Land Acquisition Advisory Committee's recommendation of
purchasing the subject conservation easements.
Ralph Monticello, Land Protection Manager for the Indian River Land Trust,
spoke in support of the acquisition of the conservation easements, and affirmed that the
purchase falls well within the parameters of the bond referendum.
Chuck Gibbons, Indian River County, presented his arguments in opposition to
the purchase. He acknowledged the necessity to protect conservation lands, but wanted the
September 18, 2007 28
Board to table this item and look at alternative ways to pay for it and future land
acquisitions.
Larry Close, Indian River County, spoke in opposition to the purchase, and
voiced his consternation that the land would not be available for public use.
Earle Kirkbride, Indian River County, was concerned about the bond money
being used up and unavailable for fee -simple property acquisition. He believed there were
some national organizations that provide money for securing development rights.
Dr. Richard Baker, Chairman of the Land Acquisition Advisory Committee,
(LAAC), supported the purchase of conservation easements, and discussed the importance
of protecting Blue Cypress Lake. Dr. Baker refuted the notion that development is not
currently happening at the subject site.
Commissioner Davis and Dr. Baker discussed voter support for future bonds if the
County goes ahead with this conservation easement purchase.
Dr. David Cox, Pelican Island Audubon Society, informed the Board that the
County controls approximately 8,000 acres of conservation land, while St. Johns Water
Management District presides over approximately 80,000 acres. He stated that this project
is a key element in an overall, much larger statewide program for acquiring conservation
lands. Dr. Cox urged the board to act on this opportunity today.
(Clerk's Note: The Chairman called a recess at 10:32 a.m. and reconvened the
meeting at 10:51 a.m., with all members present).
September 18, 2007 29
Dr. R. Grant Gilmore, 5920 lst St. SW, believed that people needed to have more
respect for agriculture. Relative to concerns about funds and land purchases, he discussed
the differences between the potential impermanence of beach renourishment projects,
versus the preservation of conservation lands that would remain in perpetuity.
Ken Grudens, Executive Director of the Indian River Land Trust, spoke about the
savings that would result from the County not having to pay the maintenance costs for the
conservation easement land. Mr. Grudens clarified that the easement property was not for
sale, but buying it now would provide the County with the first right to make the purchase
at such time it is for sale.
Louis Schacht, Agricultural Representative on the Land Acquisition Committee,
was in favor of this project, and did not feel that limited public access was a problem. He
pointed out that the County would pay zero for the upkeep of the property and would
collect property taxes on it.
Bill Eubanks, a long-time Vero Beach resident, related some personal historical
anecdotes regarding the subject site and surrounding areas. He was not against the County
purchasing the land, but voiced concerns about whether hunting rights would be available,
and what would happen to Padgett Branch (a tributary of Blue Cypress Lake), and the old
Military Trial. He was concerned about historical preservation and wondered if the County
would be building trails and providing access for people to view the area before it changes.
Larry Close spoke about the importance of the County owning the land outright,
so that there could be public enjoyment of the property. He remarked that the County
could purchase 58% of the subject property with the same amount of money that would be
used to buy the conservation easements.
September 18, 2007 30
Mr. Sexton supported the purchase of the conservation easement, and noted that
the bond funds cannot be used otherwise. He read a statement from Jens Tripson, attesting
to the high environmental value of Padgett Branch, and the benefits of purchasing the
conservation easement.
There were no additional speakers and the Chairman closed the public hearing.
Vice Chair Bowden was in favor of the easement purchase and supported her
position by reading some of the material provided on page 330 of the backup.
MOTION WAS MADE by Vice Chair Bowden,
SECONDED by Commissioner O'Bryan, to purchase the
Conservation Easements for this property.
Under discussion, Vice Chair Bowden wanted, for the record, to have the County
Attorney look into the Transfer of Development Rights for other projects and return to the
Board with an opinion. It was clarified that this was not to be part of the Motion.
Commissioner O'Bryan supported the purchase of the conservation easements.
He reiterated that the taxpayers would not have to pay the $73,000.00 in annual
maintenance costs for the property. Regarding the lack of public access, he reflected that
the County could not afford to effect improvements on every single conservation property
that is purchased. Commissioner O'Bryan noted that the conservation purchase would do
exactly what was dictated in the Referendum - to protect the water resources in
environmentally significant lands. He added that it also provides an opportunity for
landowners to give more consideration to conservation, rather than development.
September 18, 2007 31
Commissioner Davis believed that although the sellers were not willing to enter
into a fee -simple transaction now, the County would, in the future, have the opportunity to
purchase the land. He felt that this was a legal purchase, as he believed that the public
understood what they were approving when the Referendum passed. Commissioner Davis
was is in favor of the County utilizing this opportunity to purchase some development
rights and provide a buffer around Blue Cypress Lake.
Commissioner Flescher believed that the funds that had been allocated for land
conservation were specifically set aside for purchasing the lands. He did not agree with
buying development rights for a property that showed no threat of development and was
not for sale. On behalf of many of his constituents, Commissioner Flescher opposed the
purchase.
Chairman Wheeler supported the Motion and felt that the purchase of the
conservation easement was the proper thing to do for the County's future. He pointed out
that since property purchased without development rights has less value, the County might
ultimately be able to purchase the land at much less cost.
The Chairman CALLED THE QUESTION and by a 4-1
vote (Commissioner Flescher opposed), the Motion
CARRIED. The Board approved the Triple S Land
Company and the Padgett Creek LLC option agreements
for purchase of the Conservation Easements.
(Clerk's Note: The following discussion and decision relative to the above item
occurred following Item 9. C.3. and is placed here for continuity).
September 18, 2007 32
The Commissioners agreed that they wanted a legal opinion on whether or not
bond dollars could be utilized in the process of TDR's. Chairman Wheeler preferred to
have the item brought back at a future meeting. However, Vice Chair Bowden and
Commissioner Davis wanted a legal opinion before the upcoming October 2, 2007
Agricultural Advisory Committee (AAC) meeting, at which TDR's would be discussed.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
obtaining a legal opinion from Bond Counsel regarding
whether or not bond dollars could be utilized in a Transfer
of Development Rights (TDR) process.
9.A.2. PETITION FOR CREATION OF INDIAN RIVER PARK OF COMMERCE
COMMUNITY DEVELOPMENT DISTRICT
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Deputy County Attorney Bill DeBraal explained that Adrian Development Group,
the petitioners for the Community Development District, had formally withdrawn their
petition. He stated that there would be no need for a public hearing.
Attorneys Collins and DeBraal addressed the Commissioners' questions on the
re-application process.
NO BOARD ACTION TAKEN OR REQUIRED
September 18, 2007 33
9.B. PUBLIC DISCUSSION ITEMS -NONE
9.C. PUBLIC NOTICE ITEMS
(Clerk's Note: This item followed Item 11.1.1. and is placed here for continuity).
9. C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR MEETING
OF OCTOBER 2, 2007:
ROBERT PICKETT JR.'S REQUEST TO ABANDONA SEGMENT OF 6TH
AVENUE S.W. SOUTH OF 7TH LANE S.W. (LEGISLATIVE)
9. C.2. NOTICE OF SCHEDULED PUBLIC HEARING FOR MEETING
OF OCTOBER 2, 2007:
AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION 972.08
ADDITIONAL REQUIREMENTS FOR TEMPORARY VEHICLE AND BOAT
SALES (LEGISLATIVE)
9.C.3. NOTICE OF SCHEDULED PUBLIC HEARING FOR MEETING
OF OCTOBER 9, 2007:
BOARD CONSIDERATION OF THE APPROVAL OF A PLAN OF FINANCE TO
PROVIDE CAPITAL, INCLUDING THE ISSUANCE FROM TIME TO TIME BY
THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, ON BEHALF
OF INDIAN RIVER COUNTY AND OTHER PARTICIPATING COUNTIES, OF
September 18, 2007 34
NOT EXCEEDING $150,000,000 SINGLE FAMILY MORTGAGE REVENUE
BONDS (ADMINISTRATIVE)
The Chairman read the notices into the record.
(Clerk's Note: The Board briefly discussed TDR's and by a unanimous Motion
approved obtaining a legal opinion from Bond Counsel. See Item 9.A.1. for complete
details).
10. COUNTY ADMINISTRATOR'S MATTERS
10.A. COMMITTEE MINUTES
Assistant County Administrator Michael Zito explained that support -staff
minute -taking responsibilities were being reviewed as a result of Board direction to the
County Administrator at the September 5, 2007 meeting. Recapping his memorandum of
September 12, 2007, Mr. Zito explained that this item had resulted from a restructuring of
the County Commission office staff He reminded the Board that on May 8, 2007, the
Board had voted to move to cursory minutes, or that which is minimally required by law.
He noted that the next step would be to determine how to distribute the workload among
staff.
County Webmaster Scott Johnson demonstrated to the Board a new software
technology that would streamline the minute -taking process. He explained how a time
stamp could be entered into the agenda to facilitate pinpointing a specific part of a Board or
September 18, 2007 35
Committee meeting. Mr. Johnson then discussed a program he is developing that would
allow an individual to access the minutes in an interactive format.
Commissioner O'Bryan's inquired whether this would be time intensive for the
staff Mr. Johnson felt that the staff assistants would realize tremendous savings in time.
Mr. Zito observed that staff normally prepares the agendas in electronic format.
The person responsible for taking the minutes would attend the meeting with a laptop, and
would input electronic time stamps into the document. The agenda would become the
outline for the minute taking.
The Board CONSENSUS was to move ahead with the
technology, thus enabling: (1) the Commissioner
Assistants to complete the minutes without the need for
lengthy transcription, and (2) the minutes to be posted in a
very timely manner, potentially at the end of the meetings.
The Board, Mr. Zito, and County Administrator Baird discussed the necessity for
training staff, as well as individuals who were used to receiving the minutes in written
format, in the new methodology.
To Commissioner Davis' query whether the Board would be meeting the legal
requirements for record keeping, County Attorney Collins replied that the Sunshine Law
states that the minutes should be promptly recorded and open to public inspection.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner O'Bryan for discussion, to
divide up, for purposes of recording the minutes, the total
September 18, 2007 36
numbers of committees as equally as possible among the
Commissioners' Assistants.
In-depth discussions ensued among Board members and staff regarding the equal
distribution of labor among assistants; whether to continue the use of outside employment;
and on the issue of overtime.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved to divide up as
equally as possible, for purposes of recording the minutes,
the total number of committees assigned to each
Commissioners' Assistant.
11. DEPARTMENTAL MATTERS
II.A. COMMUNITY DEVELOPMENT
II.A. I. REQUEST FOR BOARD OF COUNTY COMMISSIONERS A UTHORIZATION
FOR THE COMMUNITY DEVELOPMENT DIRECTOR TO MAKE
APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) DISASTER RECOVERY FUNDS, REQUEST FOR BOARD
ADOPTION OF THE 2007 HURRICANE WILMA CDBG DISASTER
RECOVERY INITIATIVE HOUSING ASSISTANCE PLAN, AND REQUEST
FOR A UTHORIZATION TO PROCEED WITH THE CONSULTANT
SELECTION PROCESS
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
September 18, 2007 37
Resolution 2007-131, authorizing the Community
Development Director to make application to the Florida
Department of Community Affairs for a Disaster Recovery
Initiative Community Development Block Grant for
Federal Fiscal Year 2007.
The Board also authorized the Community Development
director to submit any additional information and sign
subsequent forms as needed, and to issue an RFP (Request
for Proposal) to hire a consultant to administer the grant if
the grant is awarded, as recommended in the memorandum
of September 10, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.B. EMERGENCY SERVICES -NONE
11. C GENERAL SERVICES
11. C 1. REQUEST FOR BOARD DIRECTION ON LOCATION OF THE FREEDOM
SHRINE AS PROVIDED BY THE EXCHANGE CLUB
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously directed
staff to place the Freedom Shrine at Building B on the
second floor atrium located at the head of the stairs.
September 18, 2007 38
11.D. HUMAN RESOURCES -NONE
11.E. HUMAN SERVICES -NONE
11.F. LEISURE SERVICES -NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET -NONE
11.H. RECREATION -NONE
II.I. PUBLIC WORKS
II.L I. APPROVAL OF WORK ORDER NO. 4 -RR FOR THE ROCKRIDGE
SUBDIVISION SURGE PROTECTION PROJECT
(Clerk's Note: This item was heard after Item 11..14. and is placed here for
continuity).
Public Works Director Jim Davis presented this item by recapping his September
10, 2007 memorandum. The Work Order would authorize the consultants, Malcolm
Pirnie, Inc., to redesign the pump station and complete the final engineering drawings,
which must be done if the project will be constructed in the future. Director Davis
divulged that the cost for the Work Order is $98,652.80, and the cost for the Rockridge
Surge Protection Project is ±$5,000,000.00. Even with the possibility of securing the $1.2
million FEMA grant, funding would still have to be solidified for the remaining $3.8
million.
September 18, 2007 39
(Clerk's Note: Subsequent to staff's recommendation of September 10, 2007 to
not approve the request because of the unavailability of funds, staff learned that funding
had become available for this project).
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, the Board unanimously approved Work
Order No. 4 -RR in the amount of $98,652.80.
Mr. Phil Carpenter, President of the Rockridge Homeowners Association,
wanted to know when construction of the pump station might begin. He felt that the
project needed to be done, to prevent the potential re -flooding of the community's homes.
Director Davis explained that, because of the grant funding, the project must be
completed by the end of March 2008. He discussed the steps he was taking to accomplish
this, and divulged that he is trying to obtain a time extension, additional funding, and some
relaxed technical requirements from FEMA.
Commissioner O'Bryan wanted confirmation from Administrator Baird that the
$3.8 million shortfall has not yet been allocated. He wanted to know if the money would
need to be secured before the project could begin. Administrator Baird noted that most of
the County's stormwater projects are funded through Federal or State grants, and the
County did not have any means, at present, for funding the Rockridge Project.
Vice Chair Bowden affirmed the need for this project. She had talked to the
County's lobbyist and understood that they would also be talking with Administrator
Baird. She felt that pressure needed to be put on the lobbyists.
September 18, 2007 40
Mr. Carpenter assured the Board that if there was anything that he or the
Rockridge citizens could do to help, they would gladly assist the Commissioners and staff
Director Davis informed everyone that FEMA needed additional information to
justify the benefits of the project. He invited any property owner who has sustained
damage from Hurricane Frances to let him know. He announced that he would be meeting
with the Rockridge community over the next several weeks.
11.J. UTILITIES SERVICES
11.J.1. AMENDMENT NO. 1 TO WORK ORDER NO. 2 TO PBS&.% — NORTH AND
SOUITHRO PLANTS, WELL HYDROLOGY MODELING AND WELL FIELD
EXPANSIONS
(Clerk's Note: This item was heard after Item 11.C.1., and is placed here for
continuity).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 1 to Work Order No. 2 with PBS&J (Post,
Buckley, Schuh, & Jernigan), for an amount not to exceed
$102,157.00, and authorized the Chairman to execute the
same, as recommended in the memorandum of August 23,
2007.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 18, 2007 41
11.J.2. ROCKRIDGE SUBDIVISION DRAINAGE IMPROVEMENTS — UCP#2521
CHANGE ORDER No. 1 TO GIANNETTI CONTRACTORS, INC.
(Clerk's Note: The next three items were heard immediately following Item 9.A.2.
and are placed here for continuity).
Utilities Director Erik Olson discussed the details of this item as provided in his
September 6, 2007 memorandum. He stated that there were two parts to the Change Order:
(1) to finalize the clean up of the embankments, and (2) to change the design characteristics
of some air relief valves within the sewer project.
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, the Board unanimously approved
Change Order No. 1 to Giannetti Contractors for
$49,861.37 for the work detailed in Attachment 1, Item 1,
4, and 5; and authorized the Chairman to execute same, as
recommended in the memorandum of September 6, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.3. GRAND HARBOR SPOONBILL MARSH SITE, WORK ORDER No. 21 WITH
MASTELLER, MOLER, REED & TAYLOR, INC. FOR SPECIFIC PURPOSE,
SURVEY OF THE SPOONBILL MARSH TEMPORARY CONSTRUCTION
EASEMENT
Utilities Director Erik Olson provided a detailed and historical analysis of what
has brought the County into the Spoonbill Marsh project, a 62 -acre mosquito impoundment
September 18, 2007 42
area within the Grand Harbor project site. He talked about the difficulty of getting and
maintaining permitting for the South and North County Reverse Osmosis (RO) plants and
discussed the need for the expansion of the North Plant within the parameters of the
regulatory agencies.
Vice Chair Bowden asked, for the record, if the Department of Environmental
Protection (DEP) was requiring mitigation, and if Director Olson had suggested using Lost
Tree Islands. To the first question, Director Olson replied, "Yes." To the latter, he
explained that Lost Tree islands had been discussed as an option only, and it was not a
distinct requirement. Vice Chair Bowden strongly suggested that the mitigation process
not be done on the Lost Tree Islands.
Further discussion ensued among Vice Chair Bowden, Commissioners Davis and
O'Bryan, and Director Olson regarding mitigation and the Lost Tree Islands.
Administrator Baird remarked that any mitigation project would have to come before the
Board for approval, and he pointed out that no money has been authorized for the
mitigation of Lost Tree Islands.
The Board posed questions regarding other options for brine disposal, the volume
of salt obtained from the brine, whether an effluent or detergent was used in the reverse
osmosis process, and where the brine is currently going. Director Olson responded to
their questions and detailed the reverse osmosis water purification process. He noted that
the County currently discharges into the Indian River Lagoon in Wabasso, which is no
longer permittable, and also at the South Relief Canal, which would be re -permitted for
now.
Dr. Grant Gilmore, Senior Scientist with Estuarine, Coastal and Ocean Science,
Inc. (ECOS), spoke about ocean outfalls as being a viable option for brine disposal for
September 18, 2007 43
Indian River County. He outlined some valuable information which had not been included
in the Environmental Impact Statement (EIS) made for the County on Spoonbill Marsh,
and voiced concerns about the potential environmental impact of the proposed project. Dr.
Gilmore talked about the importance of the wetlands and informed the Board that the
Indian River Lagoon was a virtually closed system, with a low exchange rate of water,
similar to a lake. He urged the Board to consider future fresh water requirements, to
examine other options, and to have a very detailed and accurate study done of the Spoonbill
Marsh.
Dr. Gilmore responded to questions from Commissioner Davis regarding
possible effects to the Indian River Lagoon, whether the wetlands would be affected by the
tides, and whether the project would be an overall improvement to current conditions at the
Spoonbill Marsh site.
Commissioner Davis asked Director Olson what the County would be faced with
if the Spoonbill March project was unsuccessful, and it became necessary to go to ocean
outfall. Director Olson mentioned that ocean outfall was an expensive process and
suggested the Commissioners become familiar with some of the recent current events
surrounding the process. He added that he is looking forward to receiving input from Drs.
Gilmore and Cox.
Dr. Gilmore was concerned about the loss of fishery and wetland values. He
suggested that the County look at cost sharing as a way to go to ocean disposal and to
eliminate worries about wetland impacts.
Joseph Paladin, Chairman Growth Awareness Committee, and Black Swan
Consulting, felt that eventually the brine would have some negative effects on plant and
September 18, 2007 44
fish life. He wanted to know what the time span would be before the County would have to
consider another alternative.
Director Olson felt it was an assumption that there would be a negative effect at
Spoonbill Marsh, and reminded everyone that the project had gone through a tremendous
amount of review and assessment by the Orlando and Tallahassee Departments of
Environmental Protection, and by the Army Corps of Engineers.
Chairman Wheeler was uncertain whether any overall damage would be due to the
brine coming in, or to the difference in peak and flow affecting the life cycles of the
animals, as mentioned by Dr. Gilmore. He inquired whether the brine would create an
eco -change or damage to the lagoon, and if that would be addressed.
Administrator Baird pointed out that it was still undetermined whether damage
would or would not occur, but the project would be monitored. He reported that the St.
John's Water Management District endorsed the project and had given a $50,000.00 grant
to the County. Administrator Baird declared that there are risks associated with each of the
brine removal systems.
Vice Chair Bowden asked Director Olson how long the project would last and if it
had ever been done before. Director Olson stated the project time line was not definite; it
would perhaps be ten or twenty years, and he informed the Board that the project had not
been undertaken before. Vice Chair Bowden judged that to reduce the risk factor, it would
be necessary to have an independent monitor to keep the Board informed on every detail at
every stage.
Mr. Paladin presented for Board consideration the following points: (1) what
would be the time frame and cost for the Spoonbill Marsh project; 2) what would be the
September 18, 2007 45
time frame and cost for deep water injection; and (3) what would be the cost for putting the
brine out into the ocean.
Administrator Baird commented that there was no popular way to get rid of brine,
as all the methods have shortcomings. However, the County was investigating a new
method, which the DEP feels could work.
Commissioner Davis agreed with Administrator Baird, and supported Vice Chair
Bowden's concept of having independent monitoring.
Vice Chair Bowden reiterated her stance that there should be no mitigation on the
Lost Tree Islands.
Commissioner Wheeler praised Director Olson for his excellent work, but also felt
that strong consideration should be given to Dr. Gilmore's concerns. Commissioner
Wheeler conveyed that if the County instituted the project, it should be done right, improve
the ecology, and not damage the fisheries.
Commissioner O'Bryan supported proceeding, in close cooperation with the
environmental groups, with the Spoonbill Marsh Project. For the record, Commissioner
O'Bryan stated that he would be in favor of looking at the Lost Tree Islands if the County
needs to go to mitigation, as he felts that the land could be improved.
(Clerk's Note: Attorney Collins exited the meeting at 12:44 p.m.)
Former Commissioner Caroline Ginn, 1134 Olde Galleon Lane, spoke in favor of
the Spoonbill Marsh Project. She was opposed to using Lost Tree Islands for mitigation,
but felt that was a separate issue.
September 18, 2007 46
(Clerk's Note: The Chairman called a recess at 12:48 p.m. and reconvened the
meeting at 1:04 p.m., with all members present).
Dr. Cox wondered about the capacity of the marsh to filter large amounts of brine.
He urged the Board to consider future alternatives for the brine disposal, and felt that
ultimately, County residents would be drinking purified seawater and returning the brine to
the ocean.
Dr. Baker voiced several objections to the project. He felt that the Board needed
additional workshop meetings, more time, more research, and further discussion. He
reiterated Dr. Cox's viewpoint of having the County research alternative methods for brine
disposal.
Dr. Gilmore expressed concerns about the adequacy of the studies that had been
done. He found many things left out of the Environmental Impact Statement, and
cautioned the Commissioners to obtain more information.
Commissioner Davis posed questions to Director Olson about obtaining an
environmental footprint, and if the project would affect the shoreline elevation.
Vice Chair Bowden thanked Director Olson for the intense education she got, and
wanted the scientific community to remain involved in the project. She reiterated that
Carolyn Ginn and she were opposed to mitigation on the Lost Tree Islands.
Director Olson declared that staff wants the scientific community to be part of the
ongoing process. He agreed with Dr. Gilmore that more information must be obtained, but
stated that as of this point, staff has done their best.
September 18, 2007 47
Chairman Wheeler was interested in obtaining more facts about using ocean
outfall for brine disposal. Director Olson stated that staff had considered this and
concluded that desalination was not the path to take at this point, but this may change in the
future. Responding to Chairman Wheeler's request, Director Olson stated he would do an
in-house data analysis, in conjunction with St. Johns River Water Management District, of
utilities that are currently utilizing ocean outfall for their brine disposal.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Davis for discussion, to
approve staff's recommendation for the construction
easement.
Vice Chair Bowden wanted to know if mandating an independent baseline study
could be incorporated into the Motion. Commissioner Davis agreed with the importance of
having the study. County Attorney Collins pointed out that since the Motion was strictly
for approval of a construction easement, Vice Chair Bowden's point could be better
addressed on the next agenda item (11.J.4.).
Chairman Wheeler supported the construction easement, but would like a better
comparison between the Spoonbill Marsh Project and offshore brine disposal.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved: (1) Work Order
No. 21 with Masteller, Moler, Reed & Taylor, Inc.
(MMRT) in the amount not to exceed $750.00 to provide
survey services for the Spoonbill Marsh Temporary
Construction Easements of Grand Harbor site for
September 18, 2007 48
connection to the Spoonbill Marsh Site; and (2) authorized
the Chairman to execute Work Order No. 21, as
recommended in the memorandum of September 6, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11..1.4. AMENDMENT NO. 5 TO WORK ORDER No. I WITH ECOTECH
CONSULTANTS, INC.
Erik Olson explained that this particular request was strictly to incorporate
structural components into the design for Spoonbill Marsh.
A brief discussion ensued among the Commissioners and Director Olson
regarding the independent study that the Board had requested under item 11.J.3 at today's
meeting. Director Olson recommended that the Board set that item aside, as it was not
pertinent to the subject under consideration (under Item 11.J.4.). He clarified that his task
was: (1) to provide in one week, a staff driven, in-house analysis of ocean outfall; and (2)
to return to the Board with a mechanism that ensures an independence with respect to the
analysis of data as the Spoonbill Marsh project is monitored.
Director Olson responded to Vice Chair Bowden's inquiry regarding the increased
cost for the project.
It was noted, for the record, that the contract amount now includes design services
for structural and electrical components.
September 18, 2007 49
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved: (1)
Amendment No. 5 to Work Order Number 1, in the amount
of $48,000.00; and (2) authorized the Chairman to execute
Amendment No. 5 to Work Order No. 1, as recommended
in the memorandum of September 5, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY MATTERS -NONE
13. COMMISSIONER ITEMS
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN -NONE
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR -NONE
13. C. COMMISSIONER WESLEY S. DAVIS-NONE
13.D. COMMISSIONER JOSEPH E. FLESCHER-NONE
13.E. COMMISSIONER PETER D. O'BRYAN
DISCUSSION OF RECENT DECISION BY ST. JOHN'S RIVER WATER
MANAGEMENT DISTRICT (SJR WMD) TO SURPLUS AND EXCHANGE
THE SAND LAKES TRACT CONSERVATION LANDS & EVALUATION OF
OPTIONS FOR APPEALING THIS DECISION TO THE GOVERNOR AND
CABINET
September 18, 2007 50
(Clerk's Note: Commissioner O'Bryan requested this addition to the agenda,
which was discussed following Item 11.C.1).
Commissioner O'Bryan provided background information on this item. At the
June 19, 2007 Board meeting, he had requested a letter of objection to the land swap, based
on the following: (1) the land should be held in conservation, (2) it might set a bad
precedent to use conservation lands to settle potential lawsuits, and (3) it could start a
precedent of taking land, other than the highest priority wetlands, and using it for other
purposes. Commissioner O'Bryan recounted that his initial Motion had not passed;
however, the Board subsequently approved, 5-0, a Motion requesting the subject land be
held in conservation.
Commissioner O'Bryan reported that last week, the Saint Johns River Water
Management District Governing Board had voted 7-2 to proceed with the land swap. He
believed that a big determining factor was that SJRWMD had a letter from Fellsmere
saying that it was their intention to hold the land in conservation, if it were ever annexed.
Commissioner O'Bryan was not sure that would be legally binding.
Dr. Richard Baker expressed concerns that this was not a good swap, and asked
the Board to direct staff to evaluate the available options to appeal this decision to the
Governor and Cabinet. He disclosed that several years ago, the SJRWMD had approved
an agreement between SJRWMD and the Corrigan family for an "acre per acre" swap of
land, with no cash to the Corrigan family to settle the perceived litigation. It was his
understanding that the Corrigans backed out of that agreement.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Wheeler for discussion, for the
Board to direct staff to appeal the decision made by the St.
September 18, 2007 51
Johns River Water Management District (SJRWMD) to the
Governor and Cabinet.
In answer to Vice Chair Bowden's inquiry about the time frame for the appeal,
Commissioner O'Bryan responded that it would depend upon whether the official date was
the date of the public hearing, or the date when SJRWMD issues the order.
Dr. Cox stated that it would be either September 11, 2007, the date of the hearing,
or the date that is in the final order, and from that time, the clock runs for 20 days. He noted
that Audubon of Florida and the Pelican Island Audubon Societies are working together
with legal counsel, for which they are paying. Dr. Cox believed that the Audobon Societies
have grounds for claiming that SJRWMD's determination was defective. He added that
the Land and Water Adjudicatory Commission (the Governor and the Cabinet) would be
evaluating their appeal based on that determination.
Commissioner Davis discussed briefly an independent study dated September 11,
2007, which had been done by the Orlando firm, Foley and Lardner LLP, to address the
issue of the Sand Lakes Tract conservation lands.
Dr. Baker wanted the Board to direct the in-house legal staff to develop, in a
timely manner, a petition to appeal the SJRWMD decision. He noted that appealing the
decision would be consistent with the Board's earlier Resolution that these lands should
not be taken out of conservation. He believed that the County has really good standing, as
this land had been on the County's land acquisition list for a long time. The County had
intended to co-own the property with SJRWMD, but as he recollected, the SJRWMD had
said that the price was so low, that County involvement was unnecessary.
September 18, 2007 52
Commissioner Flescher asked if the Audubon's Society's intention was to
challenge SJRWMD's ability to trade this property which had been in land conservation
and previously purchased with taxpayer dollars. Dr. Cox confirmed this, and added that
SJRWMD's final order should be issued on today's date, September 18, 2007.
County Attorney Collins provided some parameters about filing the petition, and
believed that if SJRWMD's order came out today, there would be twenty days to file a
petition. He believed the Board has the standing to file, stating that the County would
allege that the order would substantially affect significant natural resources,
statewide or regionally. They could also challenge issues of policy and statutory
interpretation, and the premise that the lands are no longer needed for conservation.
Commissioner Flescher inquired whether there might be additional costs or
outside legal fees to address this issue.
Attorney Collins believed that in-house legal Counsel would be used. He also
mentioned that the president of the Audobon Society, Charles Lee, is an attorney. Dr. Cox
added that Mr. Lee, who has offered to help the County's Counsel, in any way, would be
the lead Counsel for the Audubon Society.
Commissioner Davis supported giving staff direction to forward this to the
Cabinet and Governor, and felt that bringing the matter before these bodies would be
consistent with the County's position.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously, directing staff to draft a petition to the
Governor and Cabinet, appealing the decision made by the
St. Johns River Water Management District (SJRWMD) to
September 18, 2007 53
surplus and exchange the Sand Lakes Tract conservation
lands.
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT -NONE
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the BCC
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.
14.B.1. INDIAN RIVER CORRECTIONAL INSTITUTION'S REQUEST FOR SOLID
WASTE ASSESSMENT ADJUSTMENT
14.B.2. AMENDMENT NO. 1 TO WORK ORDER NO. 1 TO BROWN AND
CALDWELL FOR ENGINEERING SERVICES RELATED TO THE EXPANSION
OF THE FELLSMERE CUSTOMER CONVENIENCE CENTER
14.B.3. CONTRACT FOR YARD/WOOD WASTE PROCESSING
September 18, 2007 54
14. C ENVIRONMENTAL CONTROL BOARD -NONE
15. ADJOURNMENT
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
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 2:56 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
September 18, 2007 55
Minutes Approved:
BCC/MG/2007Minutes
September 18, 2007 56