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HomeMy WebLinkAbout09/04/2007 (2)INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS SEPTEMBER 4, 2007 1. CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION OF PROCLAMATION HONORING RICHARD CAMPBELL, JR., FOR ATTAINING THE RANK OFEAGLE SCOUT 2 5.B. PRESENTATION OF PROCLAMATION HONORING JOSEPH STONE, JR. FOR ATTAINING THE RANK OFEAGLE SCOUT 2 5.C. PRESENTATION OF PROCLAMATION HONORING RONALD L. TESNOW ON His RETIREMENT FOR THIRTEEN YEARS OF SERVICE TO INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF VETERANS SERVICES 2 5.D. PRESENTATION OF AWARD TO RON TESNOW BY LARRY WAPNICK, VETERANS COUNCIL 3 6. APPROVAL OF MINUTES 3 6.A. PUBLIC WORKSHOP OF JUNE 21, 2007 —ALTERNATIVE WATER SUPPLY 3 September 4, 2007 1 6.B. REGULAR MEETING OF JULY 10, 2007 3 6.C. SPECIAL CALL MEETING OF JULY11, 2007 —LDR CHAPTER 911 3 6.D. REGULAR MEETING OF JULY 17, 2007 3 6.E. BUDGET WORKSHOP OF JULY 18, 2007 3 6.F. SPECIAL CALL MEETING OF JULY 20, 2007 — FELLSMERE ANNEXATIONS & PIPER REFERENDUM 4 6.G. REGULAR MEETING OF JULY 24, 2007 4 7. CONSENT AGENDA 4 7.A. REPORTS ON FILE IN THE OFFICE OF CLERK TO THE BOARD' 4 7.A.1. REPORTS OF CONVICTIONS, MONTHS OF JUNE AND AUGUST 2007 4 7.A.2. AUDITOR GENERAL STATE OF FLORIDA; FLORIDA BRIGHT FUTURES SCHOLARSHIP PROGRAM FY ENDING JUNE 30, 2006 4 7.A.3. CERTIFIED RECORDED COPY OF FELLSMERE ORDINANCE 07-17 FOR VOLUNTARY ANNEXATION OF ±14,544.70 ACRES, FELLSMERE JOINT VENTURES, LLP 4 7.A.4. ORDINANCE NO. 2007-11, CITY OF VERO BEACH ANNEXING 16.7 ACRES INTO THE CITY OF VERO BEACH 4 7.B. PROOF OF PUBLICATION FOR UNCLAIMED CASH BOND MONIES 5 7.0 APPROVAL OF WARRANTS — JULY 20, 2007— JULY 26, 2007 5 7.D. APPROVAL OF WARRANTS — JULY 27, 2007— AUGUST 2, 2007 5 7.E. APPROVAL OF WARRANTS—AUGUST 3, 2007—AUGUST 8, 2007 5 7.F. APPROVAL OF WARRANTS—AUGUST 9, 2007—AUGUST 16, 2007 6 7.G. APPROVAL OF WARRANTS — AUGUST 17, 2007— AUGUST 23, 2007 6 7.H. APPOINTMENT OF ALBERT BENKERT TO BEACH AND SHORE ADVISORY COMMITTEE 6 7i APPOINTMENT TO THE BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE 7 7.J. RESIGNATION OF RALPH SEXTON FROM THE AGRICULTURAL ADVISORY COMMITTEE 7 September 4, 2007 2 7.K. APPOINTMENT OF SEAN SEXTON TO THE AGRICULTURAL ADVISORY COMMITTEE 8 7.L. RESIGNATION OF BCC APPOINTEE TO SR. 60 ON-GOING REVIEW TASK FORCE 8 7.M. OUT OF COUNTY TRAVEL FOR COMMISSIONERS TO ATTEND REGIONAL ECONOMIC DEVELOPMENT SUMMIT OCTOBER 3, 2007 9 7.N. OUT OF COUNTY TRAVEL TO ATTEND THE ADVANCED COUNTY COMMISSIONER (ACC) PROGRAM 9 7.0. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF COUNTIES 2007-08 LEGISLATIVE POLICY COMMITTEE MEETINGS AT THE HILTON UNIVERSITY OF FLORIDA IN GAINSVILLE 10 7.P. QUAIL CREEK PD REQUEST FOR SUCCESSOR DEVELOPER, SLM INVESTMENTS, LLC (STANLEY MARKOFSKY, MARK ACKERMAN, EUGENE SHALIK, AND EDWARD KALIKOW, MANAGING MEMBERS) FOR AN EXTENSION TO COMPLETE REQUIRED IMPROVEMENTS 10 7.Q. ASHLEY LAKES NORTH REQUEST FROM DEVELOPER, ASHLEY LAKES NORTH, LLC (STANLEY MARKOFSKY AND MARK ACKERMAN, MANAGING MEMBERS) FOR AN EXTENSION TO COMPLETE REQUIRED IMPROVEMENTS 11 7.R. RATIFICATION OF DOCUMENTS EXECUTED BY THE COUNTY ADMINISTRATOR OR DESIGNEE, ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS, UNDER AUTHORITY OF RESOLUTION 2007-075, BETWEEN JULY 25, AND SEPTEMBER 3, 2007 12 7.S FORTY-YEAR LEASE OF VACANT LAND TO THE SENIOR RESOURCE ASSOCIATION 12 7.T. RESIGNATION OF WILLIAM C. GRAVES, IV FROM THE AGRICULTURAL ADVISORY COMMITTEE 13 7.U. APPOINTMENT OF ELSON R. (RAY) SMITH TO THE AGRICULTURAL ADVISORY COMMITTEE 13 7.V. PROCLAMATION HONORING MICHAEL KISIO ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS DIVISION OF ROAD AND BRIDGE 13 September 4, 2007 3 7. W. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID #2007035 NORTH SEBASTIAN CONSERVATION AREA BOARDWALKS PUBLIC WORKS DEPARTMENT/COMMUNITY DEVELOPMENT DEPARTMENT 14 7.X. APPROVAL OF BID AWARD FOR IRC BID # 2007080 CLEANING OF EASEMENTS UTILITIES DEPARTMENT 14 7. Y. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2007/2008 EDWARD BYRNEMEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM 15 7.Z. FLORIDA DEPARTMENT OF JUVENILE JUSTICE INTERAGENCY AGREEMENT 16 7.AA. RIGHT-OF-WAY ACQUISITION COUNTY ROAD PROJECT #0421 8TH STREET BETWEEN 66TH AVENUE AND 74TH AVENUE. RUBEN AND SANDRA KOCH, HUSBAND AND WIFE 16 7.BB. RIGHT-OF-WAY ACQUISITION COUNTY ROAD PROJECT #0610 85TH STREET, SOUTH SIDE, EAST OF 58TH AVENUE, COMMONLY KNOWN AS: 5791 85TH STREET, VERO BEACH, FL 32967, VERNA AND WILLIAM WRIGHT, HUSBAND AND WIFE 17 7. CC. LAND ACQUISITION FOR STORMWATER POND SITE SW CORNER OF 43RD AVENUE AT 16TH STREET, 43RD AVENUE WIDENING AND IMPROVEMENTS, JOHN FLAIG, OWNER 17 7.DD. APPROVAL OF BID AWARD FOR IRC BID # 2007081 REPLACEMENT OF (20) LIFT STATION ELECTRICAL METER CANS AND DISCONNECT SWITCHES AT VARIOUS LOCATIONS, UTILITIES DEPARTMENT / WASTEWATER TREATMENT DIVISION 18 7.EE. RESOLUTION REQUESTING ASSISTANCE FROM STATE OF FLORIDA BEACH EROSION CONTROL PROGRAM 18 7.FF. APPROVAL OF RENEWAL FOR A CLASS "C" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR COASTAL HEALTH SERVICES OFBREVARD, INC., TO PROVIDEINTERFACILITYNEONATAL TRANSFER WHICH ORIGINATE IN INDIAN RIVER COUNTY 19 7.GG. APPROVAL OF RESOLUTION ADOPTING THE 2007 INDIAN RIVER COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN 19 7.HH. APPROVAL OF RENEWAL FOR A CLASS "E" AND CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR ALL COUNTY AMBULANCE INC. TO September 4, 2007 4 PROVIDE WHEELCHAIR/STRETCHER AND INTERFACILITY AMBULANCE TRANSPORTATION SERVICES 19 7.IL STATE AID APPLICATION/AGREEMENT 20 7.JJ. APPROVAL OF 2007/2008 STATE FUNDED SUBGRANT AGREEMENT FOR HAZARDS ANALYSIS 20 7.KK. SNACK BAR LEASE AGREEMENT 21 7.LL. CONSIDERATION OF INDIAN RIVER COUNTY SHIP PROGRAM REHABILITATION BID PROCEDURES 21 7.MM.1. ACCEPTANCE CHANGE ORDER NO. 31, FOR THE NEW COUNTY ADMINISTRATION BUILDINGS (CEILING AND WALL MURALS) 22 7.NN.1. ACCEPTANCE OF CHANGE ORDER NO. 13, NEW COUNTY EMERGENCY OPERATIONS CENTER 22 7.MM.2. TOUSA HOMES INC. REQUEST FOR FINAL PLAT APPROVAL FOR A PLAT-OVER-SITE PLAN SUBDIVISION TO BE KNOWN AS FOXWOOD 23 7.NN.2. CONSIDERATION OF INDIAN RIVER COUNTY 2007 SHIP PROGRAM AND HHR PROGRAM ANNUAL REPORTS 23 7.00. GRAND HARBOR SPOONBILL MARSH SITE, FINAL PAY AND RELEASE OF RETAINAGE FOR WORK ORDER NO. 17 WITH MASTELLER, MOLER, REED & TAYLOR, INC., FOR SPECIFIC PURPOSE SURVEY OF THE SUBMERGED LAND LEASE AREA 23 7.PP. RIGHT-OF-WAY ACQUISITION 74TH AVENUE SOUTH OF STATE ROAD 60, CORNER 4TH STREET & 74TH AVENUE, SAMUEL A. BLOCK, TRUSTEE OF LAND TRUST NUMBER 00-740-00-1, DATED AUGUST 3, 1992 24 7.QQ. RIGHT-OF-WAY ACQUISITION 66TH AVENUE SOUTH OF 8TH STREET, ROBERT W. AND JOANNSCHLITT, HUSBAND AND WIFE 24 7.RR. COUNTY ROAD 512 (PHASES 3 AND 4) I--95 TO ROSELAND ROAD, IRC PROJECT NO. 9611, G.K. ENVIRONMENTAL, INC. - APPROVAL AND PAYMENT, PRELIMINARY WETLAND ASSESSMENT -MATSUDA PROPERTY 25 7.55 WORK ORDER NO. 5 (ENGINEERING), CREECH ENGINEERS, INC., INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK (IRCHCN) 2007 GEODETIC (GPS) RE-DENSIFICATION PROJECT 25 September 4, 2007 5 7. TT. GIFFORD HEALTH CENTER — GRADING, PAVING, DRAINAGE & BUS SHELTER IMPROVEMENTS CHANGE ORDER NOS. 1 & 2 26 7. UU FINAL PAYMENT — WORK ORDER No. 8, CARTER ASSOCIATES, INC., INDIAN RIVER COUNTY PROJECT No. 0381, CONTINUING PROFESSIONAL SURVEY SERVICES, CONTRACT 0390/2006-2007 26 7. W WORK ORDER No. 12 (ENGINEERING), MASTELLER, MOLER, REED & TAYLOR, INC., INDIAN RIVER COUNTY PROJECT No. 0425, 39TH AVENUE CORRIDOR BETWEEN 69TH STREET & 71sT STREET, ADDITIONAL SURVEYING/MAPPING SERVICES (TREE & MISC. SURVEYING) 26 7. WW PROFESSIONAL BRIDGE DESIGN SERVICES AGREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC., FOR BRIDGE CONSTRUCTION PHASE SERVICES 27 7.XX. RIGHT-OF-WAY ACQUISITION COUNTY ROAD PROJECT #0421, 8TH STREET BETWEEN 66TH AVENUE AND 74TH AVENUE, PAUL H. FREEMAN, AS TRUSTEE 28 7. YY. DEADLINE EXTENSION OF URBAN AND COMMUNITY FORESTRY GRANT (FDA CS CONTRACT # 010337) FOR RESTORATION OF HURRICANE DAMAGE TO THE SOUTH OSLO RIVERFRONT CONSERVATION AREA 28 7.ZZ. MISCELLANEOUS BUDGET AMENDMENT 023 29 7.AAA. UTILITY CONFLICT RESOLUTIONS BY UTILITIES DEPARTMENT ALONG US 1 FROM WABASSO TO HARRISON STREET, UCP No. 2787, APPROVAL OF FINAL PAYMENT TO CONTRACTOR, THE DANELLA COMPANIES, INC., AND RELEASE OF RETAINAGE 29 7.BBB. APPROVAL OF RENEWAL OF THE 800 MHz COMMUNICATIONS SYSTEM INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS INTERNATIONAL, INC. 30 7. CCC INVITATION FROM JOHN'S ISLAND GOLF CLUB FOR STAFF TO PARTICIPATE INA "PUBLIC SAFETY DAY" GOLF OUTING 30 7.DDD. RENEWAL OF SERVICE AGREEMENT FOR INDIAN RIVER COUNTY SHERIFF E911 PUBLIC SAFETY ANSWERING POINT (PSAP) LOGGING RECORDER ON A SOLE SOURCE BASIS FROM REPLAY SYSTEMS INC. 30 September 4, 2007 6 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 31 8.A. INDIAN RIVER COUNTY SHERIFF ROY RAYMOND --STATE CRIMINAL ALIEN ASSISTANCE PROGRAM DEPARTMENT OF JUSTICE'S BUREAU OF JUSTICE ASSISTANCE 31 9. PUBLIC ITEMS 31 9.A. PUBLIC HEARINGS - NONE 31 9.B. PUBLIC DISCUSSION ITEMS 32 9.B.1. REQUEST TO SPEAK FROM TREASURE COAST FOOD BANK REGARDING INFORMATION ABOUT FOOD BANK SERVICES TO INDIAN RIVER COUNTY, AND FUNDING CUTS IMPACT TO FooD ASSISTANCE TO INDIAN RIVER COUNTY 32 9.B.2. REQUEST TO SPEAK FROM ROBERT D. "BOB" JOHNSON REGARDING NEW BUILDING 32 9.C. PUBLIC NOTICE ITEMS - NONE 33 10. COUNTY ADMINISTRATOR MATTERS 33 10.A. DASIE BRIDGEWATER HOPE CENTER 33 10.B. COUNTY ADMINISTRATION COMPLEX GRAND OPENING 34 11. DEPARTMENTAL MATTERS 34 11.A. COMMUNITY DEVELOPMENT - NONE 34 11.B. EMERGENCY SERVICES - NONE 34 11. C. GENERAL SERVICES - NONE 34 11.D. HUMAN RESOURCES - NONE 34 11.E. HUMAN SERVICES - NONE 35 11.F. LEISURE SERVICES -NONE 35 11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 35 11.H. RECREATION - NONE 35 11.1 PUBLIC WORKS 35 September 4, 2007 7 11.L1. PURCHASE OF 10 ACRE DEAN TRACT FOR A LAND EXCHANGE WITH THE STATE OF FLORIDA FOR REALIGNMENT OF 102ND TERRACE AND FOR A STORMWATER MANAGEMENT TRACT ASSOCIATED WITH CR 512 ROAD IMPROVEMENTS 35 11.1 UTILITIES SERVICES 37 11.J.1. REGIONAL RESIDUALS DEWATERING FACILITY OPERATIONS 37 11.J.2. WEST REGIONAL WASTEWATER TREATMENT FACILITY LIQUID CHLORINE CHEMICAL STORAGE TANK REPLACEMENT 38 11.J.3. 6" FORCE MAIN CONSTRUCTION ON 26T11 STREET FROM BELLA VISTA ISLES TO BELLA ROSA 39 11.J.4. NORTH COUNTY REVERSE OSMOSIS PLANT - CAMP DRESSER MCKEE (CDM) AMENDMENT NO. 4 TO WORK ORDER No. 1 FOR ADDITIONAL PROFESSIONAL SERVICES IN PERMITTING & GENERAL SERVICES DURING CONSTRUCTION 40 12. COUNTY ATTORNEY MATTERS - NONE 40 13. COMMISSIONER ITEMS 40 13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 41 13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR - NONE 41 13. C. COMMISSIONER WESLEY S. DAVIS 41 13.C.1. EQUALLY DIVIDING COMMITTEE MINUTES 41 13.C.2. PROCLAMATION -VERO BEACH HIGH SCHOOL AND SEBASTIAN RIVER HIGH SCHOOL KICKOFF CLASSIC 42 13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 43 13.E. COMMISSIONER PETER D. O'BRYAN--NONE 43 14. SPECIAL DISTRICTS AND BOARDS 43 14.A. EMERGENCY SERVICES DISTRICT 43 14.A.1. APPROVAL OF MINUTES - REGULAR MEETING OF JULY 10, 2007 43 14.A.2. EMERGENCY SERVICES PROGRESS REPORT 43 14.A. 3. FIRE RESCUE TRAINING TOWER 43 September 4, 2007 8 14.A.4. RELOCATION OF MED 3 TO FIRE -RESCUE STATION NO. 3 44 14.A. 5. EMERGENCY SERVICES STATION 5 DEDUCTIVE CHANGE ORDER NO. 4 44 14.A.6. FIRE RESCUE STATION 12, CHANGE ORDER 1 -PROJECT CLOSEOUT 44 14.A. 7. LAND ACQUISITION FOR EMERGENCY SERVICES DISTRICT FIRE STATION, 4TH STREET AND 43RD AVENUE 44 14.A. 8. PROPERTY FOR FIRE RESCUE STATION 9 44 14.A.9. APPROVAL TO PURCHASE 16 CARDIAC MONITORS FOR FIRE RESCUE DIVISION FROM MEDTRONIC EMERGENCY RESPONSE SYSTEMS 44 14.B. SOLID WASTE DISPOSAL DISTRICT 44 14.B.1. APPROVAL OF MINUTES - REGULAR MEETING OF JULY 24, 2007 44 14.B.2. 2007 PETITION HEARING - SOLID WASTE DISPOSAL DISTRICT ASSESSMENT FEES 44 14.B.3. CODISPOSAL OF CONSTRUCTION & DEMOLITION DEBRIS IN CLASS I LANDFILL COMMINGLED WITH HOUSEHOLD WASTE 45 14.C. ENVIRONMENTAL CONTROL BOARD -NONE 45 15. ADJOURNMENT 45 September 4, 2007 9 September 4, 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 4, 2007, at 9:00 a.m. Present were Chairman Gary C. Wheeler, Vice Chair Sandra L. Bowden, Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan. Also present were County Administrator Joseph A. Baird, Assistant County Attorney William DeBraal, and Deputy Clerk Leona Adair Allen. 1. CALL TO ORDER Chairman Wheeler called the meeting to order at 9:00 a.m. 2. INVOCATION Rev. Kyle "K.C." Gibson, Senior Pastor, New Bethel African Methodist Episcopal Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Sebastian River High School ROTC Color Guard presented the colors and Commissioner Wesley S. Davis led the Pledge of Allegiance to the Flag. September 4, 2007 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PRESENTATION OF PROCLAMATION HONORING RICHARD CAMPBELL, JR., FOR ATTAINING THE RANK OF EAGLE SCOUT Chairman Wheeler read and presented the Proclamation to Richard Campbell. Mr. Campbell thanked the Board and posed for a photograph with the Commissioners. 5.B. PRESENTATION OF PROCLAMATION HONORING JOSEPH STONE, JR. FOR ATTAINING THE RANK OF EAGLE SCOUT Commissioner Davis read and presented the Proclamation to Joseph Stone. Mr. Stone thanked the Board and posed for a photograph with the Commissioners. Commissioner Davis congratulated the Eagle Scouts and thanked the parents for their support. 5.C. PRESENTATION OF PROCLAMATION HONORING RONALD L. TESNOW ON HIS RETIREMENT FOR THIRTEEN YEARS OF SERVICE TO INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF VETERANS SERVICES Vice Chair Bowden read and presented the Proclamation to Ronald L. Tesnow. September 4, 2007 2 5.D. PRESENTATION OF AWARD TO RON TESNOW BY LARRY WAPNICK, VETERANS COUNCIL Vice Chair Bowden read and presented the Award to Larry Wapnick. Mr. Tesnow thanked numerous individuals and organizations within the County for their support. Larry Wapnick and John Matthews, current and past Presidents of the Veterans Council, presented Awards to Mr. Tesnow. Vice Chair Bowden recognized two former Board of County Commissioners in the audience: Caroline D. Ginn and Alma Lee Loy. 6. APPROVAL OF MINUTES Chairman Wheeler announced that the Minutes would be tabled until the September 11, 2007 Board meeting. 6.A. PUBLIC WORKSHOP OF JUNE 21, 2007 - ALTERNATIVE WATER SUPPLY 6.B. REGULAR MEETING OF JULY 10, 2007 6.C. SPECIAL CALL MEETING OF JULY ll, 2007 - LDR CHAPTER 911 6.D. REGULAR MEETING OF JULY 17, 2007 6.E. BUDGET WORKSHOP OF JULY 18, 2007 September 4, 2007 3 6.F. SPECIAL CALL MEETING OF JULY 20, 2007 - FELLSMERE ANNEXATIONS & PIPER REFERENDUM 6.G. REGULAR MEETING OF JULY 24, 2007 7. CONSENT AGENDA discussion. Commissioner Davis requested Items 7.H. and 7.I. be pulled for discussion. Commissioner O'Bryan requested Items 7.P., 7.Q., and 7.QQ. be pulled for Attorney DeBraal requested Item 7.AA. be pulled for discussion. 7.A. REPORTS ON FILE IN THE OFFICE OF CLERK TO THE BOARD: 7.A.1. REPORTS OF CONVICTIONS, MONTHS OF JUNE AND AUGUST 2007 7.A.2. AUDITOR GENERAL STATE OF FLORIDA; FLORIDA BRIGHT FUTURES SCHOLARSHIP PROGRAM FY ENDING JUNE 30, 2006 7.A.3. CERTIFIED RECORDED COPY OF FELLSMERE ORDINANCE 07-17 FOR VOLUNTARY ANNEXATION OF ±14,544.70 ACRES, FELLSMERE JOINT VENTURES, LLP 7.A.4. ORDINANCE NO. 2007-11, CITY OF VERO BEACH ANNEXING 16.7 ACRES INTO THE CITY OF VERO BEACH September 4, 2007 4 7.B. PROOF OF PUBLICATION FOR UNCLAIMED CASH BOND MONIES ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously acknowledged the Proof of Publication for Unclaimed Cash Bond Monies, as presented under cover of memorandum dated July 30, 2007. 7.C. APPROVAL OF WARRANTS - JULY 20, 2007 - JULY 26, 2007 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the time period of July 20, 2007 — July 26, 2007, as recommended in the memorandum of July 26, 2007. 7.D. APPROVAL OF WARRANTS - JULY 27, 2007 -AUGUST 2, 2007 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the time period of July 27, 2007 — August 2, 2007, as recommended in the memorandum of August 2, 2007. 7.E. APPROVAL OF WARRANTS -AUGUST 3, 2007 -AUGUST 8, 2007 September 4, 2007 5 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the time period of August 3, 2007 — August 8, 2007, as recommended in the memorandum of August 8, 2007. 7.F. APPROVAL OF WARRANTS - AUGUST 9, 2007-AUGUSTl6, 2007 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the time period of August 9, 2007 — August 16, 2007, as recommended in the memorandum of August 16, 2007. 7.G. APPROVAL OF WARRANTS -AUGUST 17, 2007-AUGUST23, 2007 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the time period of August 17, 2007 — August 23, 2007, as recommended in the memorandum of August 23, 2007. 7.H. APPOINTMENT OF ALBERT BENKERT TO BEACH AND SHORE ADVISORY COMMITTEE September 4, 2007 6 Commissioners Davis and O'Bryan informed the Board that two resumes had been received for the same position. Commissioner O'Bryan expressed the importance of diversity in the make-up of the advisory committees. Clerk's Note: Items 7.H. and 7.1. were discussed as one item, see 7.1. below. 7.1. APPOINTMENT TO THE BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE MOTION was made by Commissioner O'Bryan, SECONDED by Chairman Wheeler, to approve the appointment of Stephen Krasco to the Beach and Shore Preservation Advisory Committee. Vice Chair Bowden wanted to know which application had been received first and Commissioner Davis thought Stephen Krasco's application had. The Chairman CALLED THE QUESTION and by a vote of 3-2 (Commissioners Davis and Flescher opposed), the Board approved the appointment of Stephen Krasco to the Beach and Shore Preservation Advisory Committee, as recommended in the memorandum of July 24, 2007. 7.J RESIGNATION OF RALPH SEXTON FROM THE AGRICULTURAL ADVISORY COMMITTEE September 4, 2007 7 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously accepted the resignation of Ralph Sexton, as recommended in the memorandum of August 29, 2007. 7.K. APPOINTMENT OF SEAN SEXTON TO THE AGRICULTURAL ADVISORY COMMITTEE ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the appointment of Sean Sexton to the Agriculture Advisory Committee as recommended in the memorandum of August 28, 2007. 7.L. RESIGNATION OF BCC APPOINTEE TO S.R. 60 ON-GOING REVIEW TASK FORCE ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously accepted the resignation of Tom Foster, Board Appointee to SR 60 On -Going Review Task Force, as recommended in the memorandum of July 23, 2007. September 4, 2007 8 7.M. OUT OF COUNTY TRAVEL FOR COMMISSIONERS TO ATTEND REGIONAL ECONOMIC DEVELOPMENT SUMMIT OCTOBER 3, 2007 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved out of County travel for Commissioners and staff to attend Regional Economic Development Summit in Fort Pierce on October 3, 2007, as requested in the memorandum of August 28, 2007. 7.N. OUT OF COUNTY TRAVEL TO ATTEND THE ADVANCED COUNTY COMMISSIONER (ACC) PROGRAM ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved out of County travel to Gainesville for one or more Commissioners to attend the 3 -part series of Advanced County Commissioner Seminars, October 25 - 26, 2007; January 10 - 11, 2008; and April 17 - 18, 2008, as requested in the memorandum of August 28, 2007. September 4, 2007 9 below. 7.0. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF COUNTIES 2007-08 LEGISLATIVE POLICY COMMITTEE MEETINGS AT THE HILTON UNIVERSITY OF FLORIDA IN GAINSVILLE ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved out of County travel for Commissioners and staff to attend the Florida Association of Counties 2007-08 Legislative Policy Committee Meetings at the Hilton University of Florida in Gainesville from September 26 - 28, 2007, as requested in the memorandum of August 29, 2007. 7.P. QUAIL CREEK PD REQUEST FOR SUCCESSOR DEVELOPER, SLM INVESTMENTS, LLC (STANLEY MARKOFSKY, MARK ACKERMAN, EUGENE SHALIK, AND EDWARD KALIKOW, MANAGING MEMBERS) FOR AN EXTENSION TO COMPLETE REQUIRED IMPROVEMENTS Clerk's Note: Items 7.P. and 7.Q. were discussed combined as one item, see 7.Q. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved the Second Modification to Contract for Construction of Required Improvements No. PD -04 -07 -12 -CFC (2004020196-48349) to further extend the completion date to March 6, 2008, and authorized the Chairman to execute September 4, 2007 10 same, so long as the Letter of Credit guaranteeing completion of the remaining required improvements are extended to June 6, 2008, as recommended in the memorandum of August 15, 2007. MODIFICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.Q. ASHLEY LAKES NORTH REQUEST FROM DEVELOPER, ASHLEY LAKES NORTH, LLC (STANLEY MARKOFSKY AND MARK ACKERMAN, MANAGING MEMBERS) FOR AN EXTENSION TO COMPLETE REQUIRED IMPROVEMENTS Commissioner O'Bryan announced that several residents from the Citrus Springs Subdivision voiced concern over their homes not being "finished properly." He informed the Board that a meeting had been scheduled with Jared Markofsky to deal with this and other issues. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved the Second Modification to Contract for Construction of Required Improvements No. SD -04 -10 -48 -CFC (2004020225-48531) to further extend the completion date to March 13, 2008, and authorized the Chairman to execute same, so long as the Letter of Credit guaranteeing completion of the remaining required improvements are extended to June 13, 2008, as recommended in the memorandum of August 15, 2007. MODIFICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD September 4, 2007 11 7.R. RATIFICATION OF DOCUMENTS EXECUTED BY THE COUNTY ADMINISTRATOR OR DESIGNEE, ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS, UNDER AUTHORITY OF RESOLUTION 2007-075, BETWEENJULY25, AND SEPTEMBER 3, 2007 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the following documents executed by the County Administrator or Designee: (1) Wabasso Beach Restoration FDEP Grant Agreement No. 071R1 (2) Scott & Denise Kenney's Request for Release of Portion of an Easement at 5165 Rosewood Lane (Lot 28, Rosewood Court Subdivision) (3) Certificate of Substantial Completion for Emergency Operations Center (4) Resolution 2007-082 Canceling Special Election for Bonds for Piper (5) Certificate of Substantial Completion for County Administration Complex Building 1 (6) Certificate of Substantial Completion for County Administration Complex Building 2 (7) Bellsouth Telecommunications Easement for Emergency Operations Center 7.S. FORTY -YEAR LEASE OF VACANT LAND TO THE SENIOR RESOURCE ASSOCIATION ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2007-083, approving a forty -year lease with the September 4, 2007 12 Senior Resource Association, Inc., a Florida Non -Profit Corporation. 7.T. RESIGNATION OF WILLIAM C. GRAVES, IV FROM THE AGRICULTURAL ADVISORY COMMITTEE ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously accepted the resignation of William C. Graves, IV, as recommended in the memorandum of August 29, 2007. 7.U. APPOINTMENT OF ELSON R. (RAY) SMITH TO THE AGRICULTURAL ADVISORY COMMITTEE ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the appointment of Elson R. (Ray) Smith, as a Citrus representative appointee on the Agriculture Advisory Committee, replacing William C. Graves, IV who resigned and whose term expired in 2008, as recommended in the memorandum of August 29, 2007. 7.V. PROCLAMATION HONORING MICHAEL KISIO ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS DIVISION OF ROAD AND BRIDGE The Board acknowledged the Retirement of Mr. Michael Kisio. September 4, 2007 13 7.W. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID #2007035 NORTH SEBASTIAN CONSERVATION AREA BOARDWALKS PUBLIC WORKS DEPARTMENT / COMMUNITY DEVELOPMENT DEPARTMENT ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously: (1) approved using the approved composite decking, due to increased durability and safety; (2) awarded the bid to Summerlin's Marine Construction, LLC, as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; (3) approved the Agreement; and (4) 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 approved the agreement as to form and legal sufficiency, as recommended in the memorandum of August 17, 2007. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.X. APPROVAL OF BID AWARD FOR IRC BID # 2007080 CLEANING OF EASEMENTS UTILITIES DEPARTMENT ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Bid be awarded to Clear Zone Maintenance, Inc., as the September 4, 2007 14 second lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum of August 14, 2007. The vendor submitting the lowest bid took exception to the bid and included a requirement for a 30 percent deposit to start. When contacted about the possibility of waiving the deposit he asked to have his bid withdrawn due to excessive additional work taken on after submission of this bid. 7.Y. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2007/2008 EDWARD B YRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Certificates of Acceptance of Subgrant Award for the Indian River County Drug Testing Grant in the amount of $25,334.00; the Planning Grant in the amount of $12,577.00; the M.A.C.E. Grant in the amount of $87,868.00; and also the two agreements between the Board of County Commissioners and the Substance Abuse Council of Indian River County, as recommended in the memorandum of August 23, 2007. CERTIFICATES AND AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD September 4, 2007 15 7.Z. FLORIDA DEPARTMENT OF JUVENILE JUSTICE INTERAGENCY A GREEMENT ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Interagency Agreement with the Department of Juvenile Justice, and authorized the Chairman to sign the Agreement, as recommended in the memorandum of August 24, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.AA. RIGHT-OF-WAY ACQUISITION COUNTY ROAD PROJECT #0421 8TH STREET BETWEEN 66TH A VENUE AND 74TH A VENUE. R UBEN AND SANDRA KOCH, HUSBAND AND WIFE Commissioner Davis MOVED, SECONDED by Commissioner O'Bryan for discussion, to accept staff's recommendation to approve Alternative No. 1, the purchase, and to authorize the Chairman to execute the Agreement, as recommended in the memorandum of August 22, 2007. Attorney DeBraal detailed the purchase and exchange of the affected properties, and said that the County would make up the difference in cash, due to it being an unequal swap. September 4, 2007 16 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner O'Bryan, the Board unanimously approved Resolution 2007-087, approving an exchange of land with Ruben and Sandra Koch. PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.BB. RIGHT-OF-WAY ACQUISITION COUNTY ROAD PROJECT #0610 85TH STREET, SOUTH SIDE, EAST OF 58TH AVENUE, COMMONLY KNOWN AS: 5791 85TH STREET, VERO BEACH, FL 32967, VERNA AND WILLIAM WRIGHT, HUSBAND AND WIFE ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Alternative No. 1, the purchase, and to authorize the Chairman to execute the Agreement, as recommended in the memorandum of August 22, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. CC LAND ACQUISITION FOR STORMWATER POND SITE SW CORNER OF 43RD AVENUE AT 1 6TH STREET, 43RD AVENUE WIDENING AND IMPROVEMENTS, JOHN FLAIG, OWNER ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the September 4, 2007 17 $325,000.00 purchase and authorized the Chairman to execute the Agreement to Purchase and Sell Real Estate, as recommended in the memorandum of July 23, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.DD. APPROVAL OF BID AWARD FOR IRC BID # 2007081 REPLACEMENT OF (20) LIFT STATION ELECTRICAL METER CANS AND DISCONNECT SWITCHES AT VARIOUS LOCATIONS, UTILITIES DEPARTMENT / WASTEWATER TREATMENT DIVISION ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the bid be awarded to CMB Electronic, LLC as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid, as recommended in the memorandum of July 26, 2007. 7.EE. RESOLUTION REQUESTING ASSISTANCE FROM STATE OF FLORIDA BEACH EROSION CONTROL PROGRAM ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2007-084, requesting assistance from the State of Florida Beach Erosion Control Program. September 4, 2007 18 7.FF. APPROVAL OF RENEWAL FOR A CLASS "C" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR COASTAL HEALTH SERVICES OF BREVARD, INC., TO PROVIDE INTERFACILITY NEONATAL TRANSFER WHICH ORIGINATE ININDIANRIVER COUNTY ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the renewal of the Class "C" Certificate of Public Convenience and Necessity for Coastal Health Services of Brevard, Inc., to be effective for a period of two (2) years from October 16, 2007 to October 16, 2009, as recommended in the memorandum of August 20, 2007. 7. GG. APPROVAL OF RESOLUTION ADOPTING THE 2007 INDIAN RIVER COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2007-085, adopting a Comprehensive Emergency Management Plan for Indian River County. The Board also approved the appointment of John King as the Plan Manager for Indian River County. 7.HH. APPROVAL OF RENEWAL FOR A CLASS "E" AND CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR ALL September 4, 2007 19 COUNTY AMBULANCE INC. TO PROVIDE WHEELCHAIR/STRETCHER AND INTERFACILITY AMBULANCE TRANSPORTATION SERVICES ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the renewal of the Class "E" and Class "B" Certificate of Public Convenience and Necessity for All County Ambulance Inc., to be effective for a period of two (2) years from October 2, 2007, to October 2, 2009, as recommended in the memorandum of August 22, 2007. 7.11. STATE AID APPLICATION/AGREEMENT ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized the Chairman to execute the agreements and return them to the Library Services Director to be forwarded to the appropriate State Library staff, as recommended in the memorandum of August 17, 2007 AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.JJ. APPROVAL OF 2007/2008 STATE FUNDED SUBGRANT AGREEMENT FOR HAZARDS ANALYSIS ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the September 4, 2007 20 agreement and accepted the funding provided in the agreement. The Board also approved that the budget assignment for this funding be deferred until the Emergency Management Preparedness Agreement is approved by the Board in September, all as recommended in the memorandum of July 25, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.KK. SNACK BAR LEASE AGREEMENT ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved entering into a contract with Mrs. April Norman, and authorized the Chairman to execute the Contract, as recommended in the memorandum of August 28, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.LL. CONSIDERATION OF INDIAN RIVER COUNTY SHIP PROGRAM REHABILITATION BID PROCEDURES ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the SHIP major rehabilitation bid procedure, and for SHIP rehabilitation projects, waived the following two provisions of the County's procurement policy: (1) that low bidder be awarded the contract; and (2) that the contract be awarded September 4, 2007 21 by the Board of County Commissioners, as recommended in the memorandum of August 13, 2007. 7.MM.1. ACCEPTANCE CHANGE ORDER No. 31, FOR THE NEW COUNTY ADMINISTRATION BUILDINGS (CEILING AND WALL MURALS) ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Change Order No. 31 and authorized the Chairman to execute the approved change order, as recommended in the memorandum of August 29, 2007. CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.NN.1. ACCEPTANCE OF CHANGE ORDER No. 13, NEW COUNTY EMERGENCY OPERATIONS CENTER ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Change Order No.13 with Turner Construction and authorized the Chairman to execute the approved Change Order, as recommended in the memorandum of August 27, 2007. CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD September 4, 2007 22 7.MM.2. TOUSA HOMES INC. REQUEST FOR FINAL PLAT APPROVAL FOR A PLAT -OVER -SITE PLAN SUBDIVISION TO BE KNOWN AS FOXWOOD ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously granted Final Plat approval for Foxwood Subdivision, as recommended in the memorandum of August 27, 2007. 7.NN.2. CONSIDERATION OF INDIAN RIVER COUNTY 2007 SHIP PROGRAM AND HHR PROGRAM ANNUAL REPORTS ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the SHIP and HHR annual reports, and authorized the Chairman to sign the reports' Certification pages, as recommended in the memorandum of July 30, 2007. REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.00. GRAND HARBOR SPOONBILL MARS HSITE, FINAL PAY AND RELEASE OF RETAINAGE FOR WORK ORDER NO. 17 WITH MASTELLER, MOLER, REED & TAYLOR, INC., FOR SPECIFIC PURPOSE SURVEY OF THE SUBMERGED LAND LEASE AREA ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the September 4, 2007 23 Application for Payment No. 3 as final payment to the Contractor, Masteller, Moler, Reed and Taylor in the amount of $2,245.00, as recommended in the memorandum of August 13, 2007. 7.PP. RIGHT-OF-WAY ACQUISITION 74TH AVENUE SOUTH OF STATE ROAD 60, CORNER 41.11 STREET & 74111 AVENUE, SAMUEL A. BLOCK, TRUSTEE OF LAND TRUST NUMBER 00-740-00-1, DATED AUGUST 3, 1992 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the $280,315.00 purchase, and authorized the Chairman to execute the Agreement, as recommended in the memorandum of August 17, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. QQ. RIGHT-OF-WAY ACQUISITION 661H AVENUE SOUTH OF 8TH STREET, ROBERT W. AND JOANN SCHLITT, HUSBAND AND WIFE Commissioner O'Bryan voiced concern over the price of the right-of-way parcel. Public Works Director Jim Davis explained that the value was based on a MAI State Certified appraisal. He said this was a lengthy negotiation and volunteered to pull the file in order to provide more details of the appraisal. September 4, 2007 24 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved to table this item until the BCC meeting of September 11, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.RR. COUNTY ROAD 512 (PHASES 3 AND 4) I--95 TO ROSELAND ROAD, IRC PROJECT NO. 9611, C.K. ENVIRONMENTAL, INC. — APPROVAL AND PAYMENT, PRELIMINARY WETLAND ASSESSMENT — MATSUDA PROPERTY ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the payment of $1,155.00 to G. K. Environmental, Inc., for this work, per invoice dated August 11, 2007, with funding as specified, as recommended in the memorandum of August 24, 2007 7.SS. WORK ORDER NO. 5 (ENGINEERING), CREECH ENGINEERS, INC., INDIAN RIVER COUNTY HORIZONTAL CONTROL NETWORK (IRCHCN) 2007 GEODETIC (GPS) RE -DENSIFICATION PROJECT ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 5 (Engineering), authorizing the project as outlined in the Scope of Services, and authorized the September 4, 2007 25 Chairman to execute the Work Order, as recommended in the memorandum of August 9, 2007. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. TT. GIFFORD HEALTH CENTER — GRADING, PAVING, DRAINAGE & Bus SHELTER IMPROVEMENTS CHANGE ORDER Nos. 1 & 2 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Change Order Nos. 1 and 2 in the amount of $4,655.20, funding from Downtown VB/Gifford Transit Center, as specified, as recommended in the memorandum of August 28, 2007. 7. UU. FINAL PAYMENT — WORK ORDER No. 8, CARTER ASSOCIATES, INC., INDIAN RIVER COUNTY PROJECT No. 0381, CONTINUING PROFESSIONAL SURVEY SERVICES, CONTRACT 0390/2006-2007 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved payment to Carter Associates, Inc. for final Invoice Number 03422-1 for full payment of Work Order No. 8, as recommended in the memorandum of August 22, 2007. 7. VV WORK ORDER No. 12 (ENGINEERING), MASTELLER, MOLER, REED & TAYLOR, INC., INDIAN RIVER COUNTY PROJECT No. 0425, 39TH September 4, 2007 26 A VENUE CORRIDOR BETWEEN 69TH STREET & 71ST STREET, ADDITIONAL SURVEYING/MAPPING SERVICES (TREE & MISC. SURVEYING) ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Work Order No. 12 (Engineering, authorizing the project as outlined in the Scope of Services, and authorized the Chairman to execute the Work Order, as recommended in the memorandum of August 9, 2007. 7. WW. PROFESSIONAL BRIDGE DESIGN SERVICES A GREEMENT WITH BRIDGE DESIGN ASSOCIATES, INC., FOR BRIDGE CONSTRUCTION PHASE SERVICES ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Work Order Numbers 4, 5 and 6 for Hourly Not to Exceed $84,201.00, and authorized the Chairman to execute the Work Orders, as recommended in the memorandum of July 30, 2007. WORK ORDERS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD September 4, 2007 27 7.XX. RIGHT-OF-WAY ACQUISITION COUNTY ROAD PROJECT #0421, 8TH STREET BETWEEN 66TH AVENUE AND 74TH AVENUE, PAUL H. FREEMAN, AS TRUSTEE ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Alternative No. 1, the Agreement to Purchase and Sell Real Estate, and authorized the Chairman to execute said Agreement, as recommended in the memorandum of August 22, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. YY. DEADLINE EXTENSION OF URBAN AND COMMUNITY FORESTRY GRANT (FDACS CONTRACT # 010337) FOR RESTORATION OF HURRICANE DAMAGE TO THE SOUTH OSLO RIVERFRONT CONSERVATION AREA ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized the Chairman to sign the contract amendment extending the deadline of the FDACS Contract #010337, as recommended in the memorandum of August 28, 2007. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD September 4, 2007 28 7.ZZ. MISCELLANEOUS BUDGET AMENDMENT 023 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2007-086, amending the fiscal year 2006-2007 budget. 7.AAA. UTILITY CONFLICT RESOLUTIONS BY UTILITIES DEPARTMENT ALONG US 1 FROM WABASSO TO HARRISON STREET, UCP NO. 2787, APPROVAL OF FINAL PAYMENT TO CONTRACTOR, THE DANELLA COMPANIES, INC., AND RELEASE OF RETAINAGE ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved: (1) Change Order No. 2 for an additional $16,116.08 in labor; (2) authorized the Chairman to sign same; (3) approved revising the total labor cost to $166,548.26; and (4) approved Application for Payment No. 2 — FINAL as final payment to the Danella Companies, Inc., in the amount of $16,654.82, as recommended in the memorandum of August 2, 2007. CHANGE ORDER AND APPLICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD September 4, 2007 29 7.BBB. APPROVAL OF RENEWAL OF THE 800 MHz COMMUNICATIONS SYSTEM INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS INTERNATIONAL, INC. ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the renewal of the referenced contract with funding provided from the Communications/Emergency Services budget, as recommended in the memorandum of August 24, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7. CCC INVITATION FROM JOHN'S ISLAND GOLF CLUB FOR STAFF TO PARTICIPATE IN A "PUBLIC SAFETY DAY" GOLF OUTING ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously accepted the invitation from John's Island Club for Emergency Services staff to participate in a "Public Safety Day" golf outing, as recommended in the memorandum of August 27, 2007. 7.DDD. RENEWAL OF SERVICE AGREEMENT FOR INDIAN RIVER COUNTY SHERIFF E911 PUBLIC SAFETY ANSWERING POINT (PSAP) LOGGING RECORDER ON A SOLE SOURCE BASIS FROM REPLAY SYSTEMS INC. September 4, 2007 30 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the renewal of the service agreement at a cost of $7,910.00,. as recommended in the memorandum of August 21, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 8.A. INDIAN RIVER COUNTY SHERIFF ROY RAYMOND --STATE CRIMINAL ALIEN ASSISTANCE PROGRAM—DEPARTMENT OF .JUSTICE'S BUREAU OF JUSTICE ASSISTANCE Harry Hall, Comptroller of the Sheriffs Office, explained that this was a Federal grant awarded for partial reimbursement of costs incurred by incarcerating undocumented criminal aliens in the County's correctional facilities. He requested the Board's acceptance of $95,352.00, minus $20,977.44 for Justice Benefits, Inc. (the consulting firm), leaving a net of $74,374.56. ON MOTION by Commissioner O'Bryan , SECONDED by Vice Chair Bowden, the Board unanimously accepted the deposit of $95,352.00 into the Board's bank account. 9. PUBLIC ITEMS 9.A. PUBLIC HEARINGS - NONE September 4, 2007 31 9.B. PUBLIC DISCUSSION ITEMS 9.B.1. REQUEST TO SPEAK FROM TREASURE COAST FOOD BANK REGARDING INFORMATION ABOUT FOOD BANK SERVICES TO INDIAN RIVER COUNTY, AND FUNDING CUTS IMPACT TO FOOD ASSISTANCE TO INDIAN RIVER COUNTY Laura Alexander, Executive Director of the Treasure Coast Food Bank, through a PowerPoint presentation (copy on file), expressed the importance of the Treasure Coast food assistance program as she described their mission, accomplishments, and future goals. She requested the Board consider her request for funding. Commissioner Davis thought the September 5, 2007 Budget meeting would be the most appropriate time to take action on this. NO BOARD ACTION TAKEN OR REQUIRED 9.B.2. REQUEST TO SPEAK FROM ROBERT D. "BOB" JOHNSON REGARDING NEW BUILDING Bob Johnson, Coral Winds Subdivision, said that as a citizen and taxpayer of the County, he wanted to take the opportunity to congratulate the Board and others on the results of a new and wonderful County Administration building. Caroline Ginn, former Commissioner, felt that today was a "momentous occasion" for the citizens of Indian River County. She thanked the Space -Needs Committee and others for keeping their "hands to the wheel" on this project. September 4, 2007 32 Vice Chair Bowden thanked Ms. Ginn for "starting this project and getting the ball rolling." She also announced that everything inside and out had been paid for, specifically thanking the County Administrator. Chairman Wheeler asked Administrator Baird what was the total cost of the building, and he disclosed that all four buildings combined, came in under budget at approximately $46 million. NO BOARD ACTION TAKEN OR REQUIRED 9.C. PUBLIC NOTICE ITEMS - NONE 10. COUNTY ADMINISTRATOR MATTERS 10.A. DASIE BRIDGEWATER HOPE CENTER Administrator Baird informed the Board that the Dasie Bridgewater Hope Center, which is located on County property, requested the County make a one-time payment of impact fees in the amount of $43,541.37. He further explained that the impact fees could not be waived, and said the option would be to pay the fees from the General Fund. Verna Wright, Amy Thomo and Karen Swanson, from the Dasie Bridgewater Hope Center explained the project, its expansion, and what the Center plans to do for the community. They asked the Board to waive their impact fees. Vice Chair Bowden thought this should be addressed at the September 5, 2007 Budget Hearing. Administrator Baird said they were requesting this to come from current year September 4, 2007 33 funds, therefore with the year ending on September 30th, the money could probably be taken from a combination of the General Funds and MSTU Contingency Funds. ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Flescher, the Board unanimously approved to make a one-time payment of $43,541.37 to the Dasie Bridgewater Hope Center. 10.B. COUNTY ADMINISTRATION COMPLEX GRAND OPENING Administrator Baird requested direction from the Board regarding the Grand Opening date. Chairman Wheeler suggested a week day during the middle of October. Administrator Baird said he would select a date and bring it forward at the September 11, 2007 BCC meeting. NO BOARD ACTION TAKEN OR REQUIRED 11. DEPARTMENTAL MATTERS 11.A. COMMUNITY DEVELOPMENT - NONE 11.B. EMERGENCY SERVICES - NONE 11. C GENERAL SERVICES - NONE 11.D. HUMAN RESOURCES - NONE September 4, 2007 34 11.E. HUMAN SERVICES - NONE 11.F. LEISURE SERVICES - NONE 11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 11.H. RECREATION- NONE 11.1 PUBLIC WORKS 11.1.1. PURCHASE OF 10 ACRE DEAN TRACT FOR A LAND EXCHANGE WITH THE STATE OF FLORIDA FOR REALIGNMENT OF l02 TERRACE AND FOR A STORMWATER MANAGEMENT TRACT ASSOCIATED WITH CR 512 ROAD IMPROVEMENTS Chief of Environmental Planning Roland DeBlois clarified how this project would involve an exchange of environmental property with the State, as it relates to the St. Sebastian River Preserve State Park. He used a PowerPoint presentation (on file) to describe the project, the land exchange process, benefits, and the appraised value of the properties. He further explained that in order to complete the property exchange, the County would have to make up the difference in money between the Dean Tract and the stormwater tract, and would also require the County to pay approximately $376,500.00 to the State, which would supplement and complete the land swap. Discussion ensued between the Board, Chief DeBlois and Administrator Baird regarding the project and the costs involved. September 4, 2007 35 ON MOTION by Commissioner Davis, SECONDED by Vice Chair Bowden, the Board unanimously: (1) approved exercise of the Dean option agreement; (2) authorized staff to proceed with due diligence and close the purchase; (3) authorized staff to coordinate with State staff to facilitate the exchange of land for the 102nd Terrace realignment and CR 512 stormwater tract as described in the report, as recommended in the memorandum of August 25, 2007. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Chairman called a recess at 10:22 a.m. and reconvened the meeting at 10:39 a.m. with all members present. Clerk's Note: Commissioner Davis asked the Chairman if Joseph Paladin could speak at this time, regarding the gopher tortoise relocation program, since it was regarding an environmental issue. Commissioner O'Bryan MOVED, SECONDED by Commissioner Davis, permitting Joseph Paladin to speak regarding the tortoise relocation program. Joseph Paladin referred to one of his projects in Brevard County and indicated that if he had acquired the necessary permit last year, before the law had changed, he would have been required to kill all the tortoises on his site because one of them had a respiratory infection. He said that in the past, the law forbade relocating any of them, even if just one was found diseased. Mr. September 4, 2007 36 Paladin informed the Board that he had intentionally delayed developing his project until Dr. Cox and several others could help to change the law. He indicated that he was one of the first developers to have exercised this option, since the change, and felt that more developers would follow suit. He suggested that future County -owned properties (ones that would be suitable for tortoise habitat), be considered as a refuge for rescued tortoises. 11.J. UTILITIES SERVICES 11.J.1. REGIONAL RESIDUALS DEWATERING FACILITY OPERATIONS Director of Utilities Erik Olson provided the Board with a brief history of the central wastewater plant and the wastewater residuals that are processed there. He explained how the Gifford facility has two components, the treatment plant itself and the sludge processing component. He informed the Board that the later component of the wastewater treatment plant would be moved to the landfill. He said the permitting had been completed and they are now ready to make the move. Director Olson mentioned that staff had looked at different aspects for saving money and in doing so, they wanted to take the last County employee out of the facility and move them into the wastewater operator position, which would allow Synagro to operate the entire facility. Commissioner O'Bryan questioned the contract with Synagro, saying he had received conflicting data regarding the cost. He said he could not see the cost savings because after reviewing the monthly reports, the treatment plant that had once cost $40,000 to $50,000 per month to operate, jumped to $70,000 to $80,000 per month, after the Synagro contract was awarded. He requested staff provide a detailed cost analysis reflecting the savings. Director Olson, in response to Commissioner O'Bryan's query, explained that the new centrifuge system is a far more effective process, whether it is operated by County staff or by September 4, 2007 37 a private contractor, and that the end result had constantly been the same as opposed to the old system. He called attention to the fact that the unit cost per gallon of treated sludge had been consistently less every year since the transition to Synagro because it is a more efficient system, requiring less chemicals, less odor control issues and less landfill application fees. He indicated that he would furnish a breakdown and present it to the Board at the next Board meeting. There was a brief discussion whereby Vice Chair Bowden felt staff was right on target and thought it to be "more efficient and green", and Commissioner Davis voiced concerns over ramifications. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved to table this item for one week, to allow Director Olson to obtain additional information. Administrator Baird informed the Board that staff would be evaluating, privatizing, and outsourcing more frequently in the future because the tax changes and tax reform usually make it cheaper for the taxpayer. 11.J.2. WEST REGIONAL WASTEWATER TREATMENT FACILITY LIQUID CHLORINE CHEMICAL STORAGE TANK REPLACEMENT Director of Utilities Erik Olson explained that all the wastewater plants use liquid chlorine to disinfect the treated wastewater. He announced that the West Regional wastewater Treatment Facility, located on 26`h Street, has two liquid chlorine tanks, one that leaks and the other with not more than one year of estimated service life. To avoid interruption in service, staff requested replacement of both tanks. September 4, 2007 38 ON MOTION by Commissioner Davis, SECONDED by Vice Chair Bowden, the Board unanimously authorized the Department of Utility Services and the Purchasing Division to proceed with bidding and award of the proposed project, the West Regional WWTF Chlorine tanks, as recommended in the memorandum of August 16, 2007. 11.J.3. 6" FORCE MAIN CONSTRUCTION ON 26TH STREET FROM BELLA VISTA ISLES TO BELLA ROSA Director of Utilities Erik Olson disclosed that two projects had taken place on 26`h Street, between 66th Avenue and 58th Avenue. He explained that one development installed a force main from 66th Avenue going east and another development installed a force main on 58th Street going west (both at their expense). He related that staff would like to connect the two points (at the County's expense) then, as new developments come on-line they would be reimbursed. He requested Board approval to move forward. ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Flescher, the Board unanimously approved the expenditure of funds for the project in the total amount of $48,367.05, and authorized the Chairman to execute Work Authorization No. 2007-011 with Derrico Construction Corp. in the amount of $28,692.05, as recommended in the memorandum of August 15, 2007. September 4, 2007 39 ATTACHMENTS I, 2 AND 3 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.J.4. NORTH COUNTY REVERSE OSMOSIS PLANT — CAMP DRESSER MCKEE (CDM) AMENDMENT No. 4 TO WORK ORDER No. I FOR ADDITIONAL PROFESSIONAL SERVICES IN PERMITTING & GENERAL SERVICES DURING CONSTRUCTION Director of Utilities Erik Olson explained how this item related to the current ongoing expansion of the North County Water Treatment Plant on 58th Avenue and 77th Street. He said that after reviewing the engineering design, changes had to be made in relation to additional expansion capabilities. They also had to modify some of the development as they moved forward with the Spoonbill Marsh project, while waiting for final permitting. ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Flescher, the Board unanimously approved: (1) Amendment No. 3 to Work Order No. 1 to CDM Inc., in the amount of $46,800.00 for additional permitting and bidding services; and (2) authorized the Chairman to execute Amendment No. 4 to Work Order No. 1, as recommended in the memorandum of July 18, 2007. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12. COUNTY ATTORNEY MATTERS - NONE 13. COMMISSIONER ITEMS September 4, 2007 40 13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR - NONE 13. C COMMISSIONER WESLEY S. DAVIS 13.C.1. EQUALLY DIVIDING COMMITTEE MINUTES Commissioner Davis announced that their office and staff had been recently restructured, and they proposed to outsource some of the minutes. He asked the Administrator if the outsourcing expense was in the budget. Administrator Baird said he was not sure, but would confirm. Commissioner Davis thought some of minutes could be more appropriately completed within their departments, and felt that with his office now fully staffed, they would probably have the capability of taking care of all the minutes in-house. Vice Chair Bowden emphasized that the committees needed to be divided equally. Commissioner Davis felt it was beneficial to have his Assistant take the minutes for the committees on which he sits because there is usually specific work that comes out of them, alleviating the need to brief someone else as to what is required. September 4, 2007 41 Vice Chair Bowden and Chairman Wheeler voiced agreement. Discussion ensued regarding outsourcing, and the necessity to reevaluate meetings that could be eliminated. Commissioner Davis thought it would be best to have the system in place before receiving the new committee list. Administrator Baird informed the Board that he had just conferred with the Budget office (during the meeting) and confirmed there was no money in the budget for outsourcing. Commissioner Davis announced that the Board needed to make a decision as soon as possible for next year's budget. Administrator Baird told the Board that he would be meeting with their Assistants to review the scheduled committees. He wanted to bring this to the Board for review during the last week in September or first week in October. He thought the money for outsourcing would come from the Contingency and General Funds, which would require a minor budget amendment. review. CONSENSUS was for Administrator Baird to bring this item back to the Board after 13.C.2. PROCLAMATION— VERO BEACH HIGH SCHOOL AND SEBASTIAN RIVER HIGH SCHOOL KICKOFF CLASSIC September 4, 2007 42 Commissioner Davis read the proclamation, and congratulated Vero Beach High School for being the winners of the 2007 Kickoff Classic and the recipients of the Dollars for Scholars Trophy. Commissioner O'Bryan said that Commissioner Davis "exemplified sportsmanship between Vero Beach High School and Sebastian River High School." He felt that both teams would have a great season and said the community should be proud of how hard they worked. 13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 13.E. COMMISSIONER PETER D. O'BRYAN-NONE 14. SPECIAL DISTRICTS AND BOARDS 14.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment of the Board of County Commissioners meeting, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately and appended to this document. 14.A.1. APPROVAL OF MINUTES — REGULAR MEETING OF .JULY 10, 2007 14.A.2. EMERGENCY SERVICES PROGRESS REPORT 14.A.3. FIRE RESCUE TRAINING TOWER September 4, 2007 43 14.A.4. RELOCATION OF MED 3 TO FIRE -RESCUE STATION NO. 3 14.A.5. EMERGENCY SERVICES STATION 5 DEDUCTIVE CHANGE ORDER Na 4 14.A.6. FIRE RESCUE STATION 12, CHANGE ORDER 1— PROJECT CLOSEOUT 14.A.7. LAND ACQUISITION FOR EMERGENCY SERVICES DISTRICT FIRE STATION, 4TH STREET AND 43RD AVENUE 14.A. 8. PROPERTY FOR FIRE RESCUE STATION 9 14.A.9. APPROVAL TO PURCHASE 16 CARDIAC MONITORS FOR FIRE RESCUE DIVISION FROM MEDTRONIC EMERGENCY RESPONSE SYSTEMS 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Board of Commissioners 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. 14.B.1. APPROVAL OF MINUTES —REGULAR MEETING OF JULY 24, 2007 14.B.2. 2007 PETITION HEARING — SOLID WASTE DISPOSAL DISTRICT ASSESSMENT FEES September 4, 2007 44 14.B.3. CODISPOSAL OF CONSTRUCTION & DEMOLITION DEBRIS IN CLASS I LANDFILL COMMINGLED WITH HOUSEHOLD WASTE 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 11:15 p.m. ATTEST: Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman Minutes Approved: BCC/LAA/2007Minutes September 4, 2007 45