HomeMy WebLinkAbout10/09/2007 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OCTOBER 9, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 1
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING WEDNESDAY, OCTOBER 10,
2007, AS PUT THE BRAKES ON FATALITIES DAY 2
6. APPROVAL OF MINUTES - NONE 2
7. CONSENT AGENDA 2
7.A. APPROVAL OF WARRANTS, SEPTEMBER 21— 27, 2007 2
7.B. RESIGNATION OF KENNETH HAMILTON FROM THE PARKS & RECREATION
COMMITTEE 3
7.C. RESIGNATION FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN
ADVISORY TASK FORCE 3
7.D. COST OF LIVING ADJUSTMENT 4
October 9, 2007 1
7.E. FIRST AMENDMENT TO MASTER AGREEMENT GEOGRAPHIC TECHNOLOGIES
GROUP, INC. 4
7.F. DISPOSAL OF SURPLUS FURNISHINGS IN TAX COLLECTOR'S OFFICES 4
7.G. UTILITY EASEMENT FOR FLORIDA POWER AND LIGHT (FPL) ELECTRICAL
SERVICE FOR INDIAN RIVER COUNTY UTILITY DEPARTMENT MASTER IN-LINE
SEWAGE PUMP STATION -AT 1550 9THSTREETSW ON 15TH AVENUE NORTH OF
OSLO ROAD 5
7.H. MISCELLANEOUS BUDGET AMENDMENT 026 5
7i APPROVAL OF BID AWARD FOR IRCBID # 2008007 ANNUAL BID FOR
CARDBOARD TARGET BACKERS SHOOTING RANGE 6
7.J. APPROVAL OF BID AWARD FOR IRCBID # 2008005 ANNUAL BID FOR
CARTRIDGE FILTERS/UTILITIES DEPARTMENT 6
7.K. BID AWARD: BID # 2008006ANNUAL BID FORANTISCALANT UTILITIES
DEPARTMENT/ WATER PRODUCTION DIVISION 7
7.L. DEVELOPER'S AGREEMENT FOR DEVELOPER CONTRIBUTIONS TO
INTERSECTION IMPROVEMENTS AT C.R. 512 AND C.R. 510 8
7.M. OUT OF COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR 8
7.N. RIGHT-OF-WAYACQUISITION, PAUL C. AND JOYCE M. REDSTONE, 80643RD
AVENUE, VERO BEACH 9
7.0. INDIAN RIVER COUNTY HEALTH DEPARTMENT 2007/2008 FEE SCHEDULE 9
7.P. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF SR60 TO
59TH STREET, AMENDMENT NO. 2 9
7.Q. DASIE BRIDGEWATER HOPE CENTER 10
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE 10
9. PUBLIC ITEMS 10
9.A. PUBLIC HEARINGS 10
October 9, 2007 2
9.A.1. CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 911 AND 915 OF
THE LAND DEVELOPMENT REGULATIONS TO IMPLEMENT COMPREHENSIVE
PLAN CHANGES TO FLUE POLICY 5.8 (AGRICULTURAL PDs) (LEGISLATIVE) 10
9.A.2. KENNETH JACKSON'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR
A CHILD CARE FACILITY TO BE KNOWN AS KALYNA'S DAY CARE
(QUASI-JUDICIAL) 12
9.A.3. TAXEQUITYFISCAL RESPONSIBILITY ACTS (TEFRA) PUBLIC HEARING
ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY SINGLE FAMILY
MORTGAGE REVENUE BONDS (ADMINISTRATIVE) 13
9.B. PUBLIC DISCUSSION ITEMS 14
9.B.1. REQUEST TO SPEAK FROM GEOFF PEARSAUL REGARDING RE -OPENING VISTA
MEADOWS GOLF COURSE 15
9.C. PUBLIC NOTICE ITEMS 15
9.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR OCTOBER 23, 2007 16
9.C1.A. COUNTY INITIATED REQUEST TO ADOPT A NEW PUBLIC SCHOOL FACILITIES
ELEMENT; AND TO AMEND THE INTERGOVERNMENTAL COORDINATION
ELEMENT AND THE CAPITAL IMPROVEMENTS ELEMENT OF THE
COMPREHENSIVE PLAN AS RELATED TO THE PUBLIC SCHOOL FACILITIES
ELEMENT (LEGISLATIVE) 16
9. C1.B. COUNTY INITIATED REQUEST TO AMEND THE TRANSPORTATION ELEMENT
OF THE COMPREHENSIVE PLAN (LEGISLATIVE) 16
9. C.1. C. COUNTY INITIATED REQUEST TO AMEND THE COMPREHENSIVE PLAN BY
REVISING FUTURE LAND USE ELEMENT POLICIES 1.2 AND 1.14; AND BY
CREATING NEW FUTURE LAND USE ELEMENT POLICIES 1.14.1 AND 1.14.2 FOR
ESTABLISHING THE MHRP, MOBILE HOME RENTAL PARK (UP TO 8
UNITS/ACRE), LAND USE DESIGNATION (LEGISLATIVE) 16
9.0 1.D. COUNTY INITIATED REQUEST TO AMEND THE FUTURE LAND USE MAP OF
THE COMPREHENSIVE PLAN FOR APPROXIMATELY 779.86 ACRES FROMM-1,
MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE); AND FROML-2, Low
DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO MHRP, MOBILE HOME
RENTAL PARK (UP TO 8 UNITS/ACRE) (LEGISLATIVE) 16
October 9, 2007 3
10. COUNTY ADMINISTRATOR'S MATTERS - NONE 17
11. DEPARTMENTAL MATTERS 17
11.A. COMMUNITY DEVELOPMENT 17
11.A.1. THE FLORIDA RESEARCH CENTER FOR AGRICULTURAL SUSTAINABILITY,
INC. 'S APPEAL OF THE PLANNING AND ZONING COMMISSION'S APPROVAL OF
THE ST. AUGUSTINEAT VERO BEACH PRELIMINARY PLAT APPLICATION
(QUASI-JUDICIAL) 17
11.A.2. CONSIDERATION OF PUBLIC HEARING DATE REGARDING HARRY TANNER'S
PETITION TO DESIGNATE A 1.3 MILE SEGMENT OF OLD DIXIE HIGHWAY
SOUTH OF CR 512 As A HISTORIC ROAD 17
11.B. EMERGENCY SERVICES - NONE 19
11. C. GENERAL SERVICES 19
11. C.1. FORMER ELECTIONS OFFICE MODULAR 19
11.C.2. REQUEST FOR TOUR OF NEW FACILITIES 20
11.D. HUMAN RESOURCES - NONE 22
11.E. HUMAN SERVICES - NONE 22
11.F. LEISURE SERVICES - NONE 22
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 22
11.H. RECREATION 22
11.H.1. LIGHTNING PREDICTION SYSTEM 23
11.I. PUBLIC WORK - NONE 24
11..1 UTILITIES SERVICES 24
11.J.1. 1ST ROAD FROM 35THAVENUETO 32ND AVENUE IN VERO HOMESITES UNIT
NO. 1, UCP # 2984, WATER SYSTEM CONFLICT RESOLUTIONS, WORK
AUTHORIZATION DIRECTIVE NO. 2007-010 24
11.J.2. CONTINUING CONSULTING SERVICES, WORK ORDER NO. 10 WITH
MASTELLER, MOLER AND REED, INC. MASTELLER & MOLER, INC.,FOR
ENGINEERING SERVICES FOR WATER AND SEWER UTILITY EXTENSIONS FOR
CR 512 PHASE IV, UCP NO. 940 25
October 9, 2007 4
11.J.3. APPROVAL OF BID AWARD AND SAMPLE AGREEMENTFORIRCBID # 2007074
WABASSO CAUSEWAY (CR510) WATERMAINAND FORCEMAINREPLACEMENT
UTILITIES DEPARTMENT 25
12. COUNTY ATTORNEY MATTERS - NONE 26
13. COMMISSIONER ITEMS 26
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 26
13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR - NONE 26
13. C. COMMISSIONER WESLEY S. DAVIS - NONE 26
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 26
13.E. COMMISSIONER PETER D. O'BRYAN - NONE 26
14. SPECIAL DISTRICTS AND BOARDS 27
14.A. EMERGENCY SERVICES DISTRICT 27
14.A.1. APPROVAL OFMINUTES FOR REGULAR MEETING OF SEPTEMBER, 4, 2007 27
14.A.2. ADDITIONAL STAFFING AT FIRE -RESCUE STATIONS 6AND 11 27
14.B. SOLID WASTE DISPOSAL DISTRICT 27
14.B.1. APPROVAL OFMINUTES FOR REGULAR MEETING OF SEPTEMBER, 4, 2007 27
14.B.2. CANCEL 2007 PETITION HEARING - SOLID WASTE DISPOSAL DISTRICT
ASSESSMENT FEES 27
14. C. ENVIRONMENTAL CONTROL BOARD - NONE 27
15. ADJOURNMENT 28
October 9, 2007 5
October 9, 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, October 9, 2007. 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, County Attorney William G. Collins II, and
Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:01 a.m.
2. INVOCATION
Pastor Ray Scent, Gathering of Devoted Servants, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler announced that staff requested Item 11.A. be pulled from the
Agenda.
October 9, 2007 1
Commissioner Davis requested that Item 11.A.2. be addressed following the
Consent Agenda.
ON MOTION by Commissioner Vice Chair Bowden,
SECONDED by Chairman Wheeler, the Board
unanimously made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING WEDNESDAY,
OCTOBER 10, 2007, AS PUT THE BRAKES ON FATALITIES DAY
Commissioner Flescher read and presented the Proclamation designating
Wednesday, October 10, 2007, as "Put the Brakes on Fatalities Day." Captain Bradley accepted
the award on behalf of the Sheriffs office.
Phillip Matson, Metropolitan Planning Organization (MPO) Staff Director,
thanked the Sheriffs office for their support and acknowledged how the Sheriffs office had
spearheaded the Community Traffic Safety Team, who made it possible for the County to obtain
sidewalk safety grants.
6. APPROVAL OF MINUTES - NONE
7. CONSENT AGENDA
7.A. APPROVAL OF WARRANTS, SEPTEMBER 21- 27, 2007
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
October 9, 2007 2
list of Warrants as issued by the Clerk to the Board for the
time period of September 21, 2007 to September 27, 2007,
as recommended in the memorandum of September 27,
2007.
7.B. RESIGNATION OF KENNETH HAMILTON FROM THE PARKS &
RECREATION COMMITTEE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously accepted the
resignation of Kenneth Hamilton, as the City of Fellsmere
appointee to the Parks and Recreation Committee, as
recommended in the memorandum of October 1, 2007,
2007.
7.C. RESIGNATION FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT
CITIZEN ADVISORY TASK FORCE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board accepted the resignation of
Mark Thomas, member of the Community Development
Block Grant Citizen Advisory Task Force, as
recommended in the memorandum of October 3, 2007.
October 9, 2007 3
7.D. COST OF LIVING ADJUSTMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Cost of Living Adjustment of 2.3% for all employees of the
Board of County Commission, unless otherwise specified
by union contract, effective October 5, 2007, as
recommended in the in the memorandum of October 3,
2007.
7.E. FIRST AMENDMENT TO MASTER AGREEMENT GEOGRAPHIC
TECHNOLOGIES GROUP, INC.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
First Amendment to Master Agreement with Geographic
Technologies Group, Inc., as recommended in the
memorandum of September 24, 2007.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.F. DISPOSAL OF SURPLUS FURNISHINGS IN TAX COLLECTOR'S OFFICES
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized
the County Administrator to properly sell or dispose of the
October 9, 2007 4
items as provided by the Florida Statutes, as recommended
in the memorandum of October 3, 2007.
7.G. UTILITY EASEMENT FOR FLORIDA POWER AND LIGHT (FPL)
ELECTRICAL SERVICE FOR INDIAN RIVER COUNTY UTILITY
DEPARTMENT MASTER IN-LINE SEWAGE PUMP STATION — AT 1550 9TH
STREET SW ON 15TH AVENUE NORTH OF OSLO ROAD
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved to
grant FPL the easement, and authorized the Chairman to
execute the utility easement, as recommended in the
memorandum of October 1, 2007.
EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.H. MISCELLANEOUS BUDGET AMENDMENT 026
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2007-135, amending the fiscal year 2006-2007
Budget.
October 9, 2007 5
7.1. APPROVAL OF BID AWARD FOR IRC BID # 2008007 (ANNUAL BID FOR
CARDBOARD TARGET BACKERS) SHOOTING RANGE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved:
(1) Award of the bid to Prison Rehabilitative Industries and
Diversified Enterprises, Inc. (PRIDE), as the lowest and
most responsive bidder meeting the specifications as set
forth in the Invitation to Bid; (2) Authorized the Purchasing
Division to issue blanket purchase orders or individual job
purchase orders, as needed, for the period of October 1,
2007 through September 30, 2008 with the recommended
bidder; and (3) Authorized the Purchasing Manager to
renew this bid for two (2) additional one (1) year periods
subject to satisfactory performance, 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 28,
2007.
7.J. APPROVAL OF BID AWARD FOR IRC BID # 2008005 ANNUAL BID FOR
CARTRIDGE FILTERS/UTILITIES DEPARTMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved:
(1) The bid award to the second low bidder, American
Water Chemicals, Inc. as the lowest and most responsive
October 9, 2007 6
bidder meeting the specifications as set forth in the
Invitation to Bid. The low bid did not meet specifications;
(2) Authorized 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 (3)
Authorized the Purchasing Manager to renew this bid for
two (2) additional one (1) year periods subject to
satisfactory performance, zero cost increase, vendor
acceptance and the determination that renewal of this
annual bid is in the best interest of Indian River County, as
recommended in the memorandum of September 28, 2007.
7.K. BID AWARD: BID # 2008006 ANNUAL BID FOR ANTISCALANT
UTILITIES DEPARTMENT / WATER PRODUCTION DIVISION
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved to:
(1) Approved the bid to Harcros Chemicals, Inc. as the
lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid; (2)
Authorized the Purchasing Division to issue blanket
purchase orders or individual job purchase orders, as
needed, for the period of October 1, 2007 through
September 30, 2008 with the recommended bidder; and (3)
Authorized the Purchasing Manager to renew this bid for
two (2) additional one (1) year periods subject to
October 9, 2007 7
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 25, 2007.
7.L. DEVELOPER'S AGREEMENT FOR DEVELOPER CONTRIBUTIONS TO
INTERSECTION IMPROVEMENTS AT C.R. 512 AND C.R. 510
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Alternative No. 1, the Developer Agreement Between
Indian River County and S & S Rentals, LLC, as
recommended in the memorandum of October 2, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. OUT OF COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved out
of County travel for the County Administrator to attend the
East Coast Not -For -Profits Derivatives Conference
December 10 —12, 2007, in Naples, Florida, as requested in
the memorandum of October 3, 2007.
October 9, 2007 8
7.N. RIGHT-OF-WAY ACQUISITION, PAUL C. AND JOYCE M. REDSTONE, 806
43RD AVENUE, VERO BEACH
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Alternative No. 1 by which the Board of County
Commissioners approved the $20,852.00 purchase, and
authorized the Chairman to execute the Agreement, as
recommended in the memorandum of September 7, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.0. INDIAN RIVER COUNTY HEALTH DEPARTMENT 2007/2008 FEE
SCHEDULE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2007-136, to adopt a 2007/2008 Fee Schedule
for the Indian River County Health Department.
7.P. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF
SR 6O TO 59111 STREET, AMENDMENT NO. 2
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Alternative No. 1, authorizing the Chairman to execute
October 9, 2007 9
Amendment No. 2 of the Agreement with Arcadis G & M,
Inc., as recommended in the memorandum of September
24, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7. Q. DASIE BRIDGEWATER HOPE CENTER
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
that the Impact Fees of $8,392.00 be included as being paid
for by the General Fund, as recommended in the
memorandum of October 4, 2007.
(Clerk's Note: Item 11.A.2. was heard after Item 7.Q.)
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.1. CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 911 AND
915 OF THE LAND DEVELOPMENT REGULATIONS TO IMPLEMENT
COMPREHENSIVE PLAN CHANGES TO FLUE POLICY 5.8
(AGRICULTURAL PDs) (LEGISLATIVE)
October 9, 2007 10
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling used a PowerPoint presentation to list and explain the
proposed changes to the Land Development Regulations that are necessary to bring the regulations
in line with a change to Agricultural Planned Development (PD) policy, approved on March 6,
2007.
Commissioner O'Bryan asked Director Boling to clarify the definition of "nuisance
recreation activities."
Director Boling explained that all the projects are planned developments, which
means the Planning and Zoning would be making recommendations and the Board would
ultimately set the standards as to what is or is not allowed. He said the regulation and the policy (in
the Comprehensive Plan) allow the Board to look at nuisance aspects with respect to any
recreational activity that is proposed.
Discussion ensued as the Board posed questions to Director Boling regarding
open -space requirements and density transfers.
The Chairman opened the public hearing.
Joseph Paladin, Chairman of the Growth Awareness Committee, acknowledged
that he had been working on this project for over a year and was proud to be a part of it. He
thanked the Board for their support and acknowledged that he supported staff's recommendation.
There were no additional speakers and the Chairman closed the public hearing.
October 9, 2007 11
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Wheeler, the Board unanimously adopted
Ordinance 2007-030, amending the Comprehensive Plan's
Future Land Use Element Policy 5.8 relating to
Agricultural Planned Development; and Providing
Codification, Severability, and Effective Date.
9.A.2. KENNETH JACKSON'S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR A CHILD CARE FACILITY TO BE KNOWN AS KALYNA'S
DAY CARE (QUASI -.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Boling used a PowerPoint presentation to relate the details of the proposed
child care facility. He pointed out that this property is zoned RS -6, which permits a child care
facility as a "special exception use". He provided specific and general site plan criteria that need to
be satisfied, one of which requires approval from the Board.
Director Boling provided detailed information about the facility and grounds, and
related how adjacent residents spoke favorably of the project. He acknowledged that the Planning
and Zoning Commission voted 4-2, recommending the Board grant special exception use for this
project.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
October 9, 2007 12
Commissioner O'Bryan informed the Board that he drove through the community,
saw the home, and spoke with an adjacent neighbor who felt this project would be "a positive" for
the community.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Wheeler, the Board unanimously found that: (1)
It is empowered under the provisions of Chapter 971 to
review the special exception applied for; (2) The granting
of the special exception will not adversely affect the public
interest; (3) The application satisfies the general and
specific criteria required for special exception approval;
and (4) The scale of development and site plan design are
adequate to ensure compatibility between the special
exception use and surrounding land uses.
Further, the Board of County Commissioners granted
special exception approval for the proposed Kalyna's Day
Care facility, all as recommended in the memorandum of
September 14, 2007.
9.A.3. TAX EQUITY FISCAL RESPONSIBILITY ACTS (TEFRA) PUBLIC
HEARING ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY SINGLE
FAMILY MORTGAGE REVENUE BONDS (ADMINISTRATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
October 9, 2007 13
County Administrator Joseph Baird reminded the Board that the County has
participated in this program for many years, and he explained how the program enables first-time
homeowners of moderate income to purchase a home at a lower interest rate. The program is
designed for single family, attached or detached homes, condos, and manufactured homes.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-137, authorizing the Escambia County
Housing Finance Authority to operate within the
boundaries of Indian River County, Florida, to finance
qualifying single family mortgage loans on behalf of Indian
River County, Florida; authorizing the Board of County
Commissioners to enter into agreements with the Escambia
County Housing Finance Authority and to execute and
deliver certain documents and instruments in connection
therewith; approving a form of Interlocal Agreement;
approving the issuance by the Escambia County Housing
Finance Authority of not exceeding $150,000,000.00 single
family Mortgage Revenue Bonds, pursuant to Section
147(f) of the Internal Revenue Code of 1986, as amended;
providing that such bonds constitute limited, special
obligations; and providing an effective date.
9.B. PUBLIC DISCUSSION ITEMS
October 9, 2007 14
9.B. 1. REQUEST TO SPEAK FROM GEOFF PEARSA UL REGARDING
RE -OPENING VISTA MEADOWS GOLF COURSE
Geoff Pearsaul updated the Board on the status of the driving range and reported
that it had recently been mowed. He announced that a meeting was scheduled for October 10,
2007, to look at the golf course, the greens, and the possibilities of how to remodel it. He briefly
told of its past ownership and acknowledged that it is now on the market for over $3 million.
When asked if the driving range was open, he replied that it was, but questioned its legality
because he understood that the driving range should not be opened unless the golf course was as
well.
Community Development Director Robert Keating explained the operating
procedures in accordance with zoning and permitted uses. He informed Mr. Pearsaul and the
Board that Vista Meadows could not operate the driving range independent of the golf course
because it is considered as an "accessory use," meaning it has to be subordinate to, or associated
with the golf course being open.
Chairman Wheeler suggested looking at this in phases and wanted to give his
support and encouragement to resolve the problem.
Commissioner O'Bryan echoed Chairman Wheeler's sentiments.
Vice Chair Bowden asked when the 9 -hole course would be ready and Mr. Pearsaul
said it would open on November 1, 2007. She requested staff give Vista Meadows support and
exception so they could move forward; Director Keating agreed.
NO ACTION REQUIRED OR TAKEN
9.C. PUBLIC NOTICE ITEMS
October 9, 2007 15
9.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR OCTOBER 23,
2007
9. C I.A. COUNTY INITIATED REQUEST TO ADOPT A NEW PUBLIC
SCHOOL FACILITIES ELEMENT; AND TO AMEND THE
INTERGOVERNMENTAL COORDINATION ELEMENT AND THE CAPITAL
IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN AS
RELATED TO THE PUBLIC SCHOOL FACILITIES ELEMENT
(LEGISLATIVE)
9. C I.B. COUNTY INITIATED REQUEST TO AMEND THE
TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN
(LEGISLATIVE)
9. C I. C COUNTY INITIATED REQUEST TO AMEND THE
COMPREHENSIVE PLAN BY REVISING FUTURE LAND USE ELEMENT
POLICIES 1.2 AND 1.14; AND BY CREATING NEW FUTURE LAND USE
ELEMENT POLICIES 1.14.1 AND 1.14.2 FOR ESTABLISHING THE
MHRP, MOBILE HOME RENTAL PARK (UP TO 8 UNITS/ACRE), LAND
USE DESIGNATION (LEGISLATIVE)
9. C I.D. COUNTY INITIATED REQUEST TO AMEND THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE PLAN FOR APPROXIMATELY 779.86
ACRES FROM M-1, MEDIUM DENSITY RESIDENTIAL -I (UP TO 8
October 9, 2007 16
UNITS/ACRE); AND FROML-2, LOW DENSITY RESIDENTIAL -2 (UP TO 6
UNITS/ACRE), TO MHRP, MOBILE HOME RENTAL PARK (UP TO 8
UNITS/ACRE) (LEGISLATIVE)
The Chairman read the notices into the record.
10. COUNTY ADMINISTRATOR'S MATTERS - NONE
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT
11.A.1. THE FLORIDA RESEARCH CENTER FOR A GRICULTURAL
SUSTAINABILITY, INC. 'S APPEAL OF THE PLANNING AND ZONING
COMMISSION'S APPROVAL OF THE ST. A UGUSTINE AT VERO BEACH
PRELIMINARY PLAT APPLICATION (QUASI -.JUDICIAL)
This item was removed from the Agenda at the request of staff
11.A.2. CONSIDERATION OF PUBLIC HEARING DATE REGARDING HARRY
TANNER'S PETITION TO DESIGNATE A 1.3 MILE SEGMENT OF OLD
DIXIE HIGHWAY SOUTH OF CR 512 AS A HISTORIC ROAD
(Clerk's Note: This Item was heard after Item 7.Q. and is placed here for
continuity.)
October 9, 2007 17
Chief of Environmental Planning Roland M. DeBlois presented the details of how
and why Mr. Harry Tanner had submitted a petition requesting the County designate a 1.3 mile
segment of Old Dixie Highway as a historic road. He displayed an aerial map to reference this
particular segment of road, and cited County Code Section 933.06 concerning the procedures for
historic designations. He acknowledged that staff wanted the Board to accept November 13, 2007,
as the hearing date to consider the petition, which would allow staff to provide a 30 -day written
notice to the land owners allowing them the opportunity to attend the public hearing.
County Attorney William Collins informed the Board that Attorney Jeff Smith
would be unable to attend the public hearing if it were scheduled on November 13, 2007; therefore,
he recommended it be scheduled for November 20, 2007.
Harry Tanner, 517 Belfast Terrace, Sebastian, informed the Board that he wanted
to speak at the Public Hearing, but would not be able to attend either of the aforesaid dates, and
requested it be scheduled for early December. He said the County's Historic Resources Advisory
Committee (HRAC) unanimously voted to recommend that the Board designate this as a historic
segment of roadway. Mr. Tanner requested the Chairman direct the County Attorney to review
how the public notice should be worded and reiterated that the procedures be in accordance with
County Code Section 933.06. He did not feel that there should be a special notification to property
owners for his request, and believed that a "historic roadway" designation would only apply to
"archeological" designations.
Attorney Collins acknowledged that Section 944.06 of the Code referred to both
archeological and historic designations, and the intent would be to give those who would be
affected at least 30 days notice prior to the hearing.
Commissioners Bowden and Davis agreed to reschedule the public hearing and
requested staff to coordinate and set the date.
October 9, 2007 18
There was a brief question and answer period between Commissioner Davis and
Attorney Collins regarding Mr. Tanner's petition and the Historic Resource Committee's
recommendation.
Ruth Stanbridge, County Historian, wanted confirmation that the public hearing
would deal with "just the historical aspects of the road," and she asked the Board to consider future
uses along the road.
Attorney Collins confirmed that there must be certain minimum criteria to designate
it as a historic road. He further explained that the minimum criteria for historic designation would
not preclude other factors from consideration.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously agreed to
direct staff to coordinate and set the date for a public
hearing in December to consider the petition to designate
the described segment of Old Dixie Highway as a historic
road, as recommended in the memorandum of September
26, 2007.
11.B. EMERGENCY SERVICES - NONE
11. C GENERAL SERVICES
11.C.1. FORMER ELECTIONS OFFICE MODULAR
Administrator Baird informed the Board that the Sheriff voiced interest in the
modular building; however, there were no funds available in the budget for leasing it. He
October 9, 2007 19
expressed that if the Board were to make changes to the budget and permit this, then parking
improvements would be required.
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously directed staff to
continue with the original direction approved on July 17,
2007, for staff to contact G.E. Modular and request removal
of the units, as recommended in the memorandum of
September 26, 2007.
I1.C.2. REQUEST FOR TOUR OF NEW FACILITIES
General Services Director Tom Frame informed the Board that the Antique
Automobile Club of Indian River County had requested a tour of the new Administrative facilities
on October 13, 2007. He emphasized that he did not encourage private tours and suggested that
when public touring starts, it should be limited to the public areas, not office areas. Director Frame
said he would provide the Board with a list of recommended policies that could be applied for
touring the facilities. He requested direction from the Board regarding the private tour of the
Antique Automobile Club.
Commissioner Davis said this was a public facility and he supported the tour.
Administrator Baird told the Board that staff would come back with a policy of
procedures. He recommended the Board allow this tour; however, before allowing additional
tours, he wanted to see policies and procedures in place.
October 9, 2007 20
Vice Chair Bowden had mixed feelings because she was concerned that staff would
be spending their weekends giving tours, especially since the Open House is tentatively scheduled.
She favored having a policy in place before making exceptions.
Commissioner Flescher asked Director Frame if he was coordinating the tour, and if
so, what status he would be in, payroll or voluntary. Director Frame responded that he was
salaried and would not require additional pay.
Commissioner Flescher wanted to know if the Club was offered the opportunity to
attend the scheduled event. Director Frame reported that they had made a request and were still
awaiting an answer. He indicated that Art Neuberger would be contacting him today to get a
determination as to the action of the Board.
Chairman Wheeler favored allowing the Club to view the facility, especially since
they do so much for the community, displaying their cars to draw crowds and helping with
charitable organizations.
Commissioner O'Bryan recommended that staff set some dates as to when groups
could sign-up for tours and work on it as a first -come -first -serve basis.
Administrator Baird stated that staff would come back with a tour policy. He felt
obligated to allow the Club to tour the facilities because Mr. Neuberger had contacted him when
the building first opened but he never got the opportunity to respond.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously agreed to
permit the Antique Automobile Club of America to tour the
October 9, 2007 21
new Administration facilities on October 13, 2007, as
recommended in the memorandum of September 26, 2007.
Administrator Baird informed the Board that Mrs. Ginn wanted to attend the grand
opening but would not be available over the next couple weeks. Since she spearheaded the Space
Needs Committee, he felt it was important to move the date, should the Board approve.
After a brief discussion between Director Frame and the Board it was decided to add
November 2, 2007 back on the Agenda as the grand opening date.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
November 2, 2007 as the grand opening date.
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
October 9, 2007 22
11.H.1. LIGHTNING PREDICTION SYSTEM
Cliff Crawford, Recreation Director, informed the Board that this item was brought
back from the September 11, 2007 meeting where the Board requested additional information. He
requested the Board consider the installation of the lightning prediction system at both Gifford and
North County Aquatic Centers. He introduced National Sales Director Pat Bennet.
Pat Bennett, THOR GUARD, Inc., National Sales Director, provided a brief
presentation explaining his company and the projects they provided throughout the State, County,
United States, and overseas. He acknowledged that his company is a sole source vendor and
explained how the lightning prediction system worked.
There was a brief question and answer period so the Board could gain a better
understanding of how the system operates, and its prediction successes.
ON MOTION by Commissioner Flescher, SECONDED by
Vice Chair Bowden, the Board unanimously: (1)
Approved to hear a brief presentation from Thor Guard Inc.
National Sales Director Pat Bennett and clarify and answer
any technical questions the Board may have; and (2)
Approved the sole source purchase of the Thor Guard
Model L75 lightning prediction system for the Gifford and
North County Aquatic Centers, and authorized the County
Administrator or his designee to proceed with the purchase
and installation, as recommended in the memorandum of
September 14, 2007.
October 9, 2007 23
Commissioner O'Bryan wanted an explanation regarding the 3.0 red alert and
wanted to know how much time the system would allow (to be able to clear the pool) once the
warning sounded.
Mr. Bennett specified that 3.0 is the factory setting, and revealed that all schools
and parks were on the same time. He explained that the warning would allow 8 to 20 minutes,
depending on the velocity of the storm. He informed the Board that the most common time for a
lightning strike is after the storm, which is Thor Guard's greatest asset, because even though the
skies are blue, it may not be safe to go into the water. The system will not give an "all clear" until
the positive ions have dispersed.
Jens Tripson, 2525 14th Street, supported the system but wanted to know who
would be liable if one of the kids were struck by lightning.
Attorney Collins said that it would be an act of God, and felt it would be better to
have a warning than to do nothing at all.
11.1. PUBLIC WORKS - NONE
11.J. UTILITIES SERVICES
11..11. 1ST ROAD FROM 35TH AVENUE TO 32ND AVENUE IN VERO
HOMESITES UNIT NO. 1, UCP # 2984, WATER SYSTEM CONFLICT
RESOLUTIONS, WORK AUTHORIZATION DIRECTIVE No. 2007-010
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
project at a total cost of $26,859.00; approved Work
October 9, 2007 24
Authorization Directive No. 2005-010 to the Utilities
Department Labor Contractor authorizing payment to him
of up to $20,030.40; and authorized the Chairman to
execute same, as recommended in the memorandum of
August 1, 2007.
COST EXTIMATE AND WORK AUTHORIZATION ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.2. CONTINUING CONSULTING SERVICES, WORK ORDER No. 10
WITH MASTELLER, MOLER AND REED, INC. MASTELLER & MOLER,
INC.,FOR ENGINEERING SERVICES FOR WATER AND SEWER UTILITY
EXTENSIONS FOR CR 512 PHASE IV, UCP No. 940
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No. 10 with M&M Masteller & Moler, Inc. in
the amount of $7,000 for engineering services and
authorized the Chairman to execute the same, as
recommended in the memorandum of September 17, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.3. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC
BID # 2007074 WABASSO CAUSEWAY (CR510) WATERMAIN AND
FORCEMAIN REPLACEMENT UTILITIES DEPARTMENT
October 9, 2007 25
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the bid be awarded to Giannetti Contracting Corporation 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 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, as recommended in the
memorandum of September 14, 2007.
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- NONE
October 9, 2007 26
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 FOR REGULAR MEETING OF SEPTEMBER, 4,
2007
14.A.2. ADDITIONAL STAFFING AT FIRE -RESCUE STATIONS 6 AND 11
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared separately and appended to this
document.
14.B.1. APPROVAL OF MINUTES FOR REGULAR MEETING OF SEPTEMBER, 4,
2007
14.B.2. CANCEL 2007 PETITION HEARING — SOLID WASTE DISPOSAL
DISTRICT ASSESSMENT FEES
14. C ENVIRONMENTAL CONTROL BOARD - NONE
October 9, 2007 27
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 10:30 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/LAA/2007Minutes
October 9, 2007 28