HomeMy WebLinkAbout01/09/2007 (4)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 9, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS - NONE 2
6. APPROVAL OF MINUTES 2
A. REGULAR MEETING OF OCTOBER 24, 2006 2
B. REGULAR MEETING OF NOVEMBER 7, 2006 3
C. REGULAR MEETING OF NOVEM BER 14, 2006 3
7. CONSENT AGENDA 3
7.A. REPORTS ON FILE IN THE OFFICE OF CLERK TO THE BOARD: 3
January 9, 2007 1
7.B. APPROVAL OF WARRANTS -DECEMBER 8 -DECEMBER 14, 2006 4
7.C. APPROVAL OF WARRANTS -DECEMBER 15 -DECEMBER 20, 2006 4
7.D. APPROVAL OF WARRANTS -DECEMBER 21 -DECEMBER 28, 2006 5
7.E. 2007 COMMITTEE APPOINTMENTS AND REAPPOINTMENTS 5
7.F. OUT OF COUNTY TRAVEL FOR CHAIRMAN WHEELER TO SERVE ON THE
COMMISSION FOR FLORIDA LAW ENFORECEMENT ACCREDITATION INC. 6
7.G. OUT OF COUNTY TRAVEL TO ATTEND THE TREASURE COAST LEGISLATIVE
CONFERENCE FEBRUARY 12-14, 2007 6
7.H. BLANKET AUTHORIZATION FOR COMMISSIONERS TO ATTEND ASSIGNED
COMMITTEE MEETINGS OUT OF COUNTY 7
7i RESIGNATION AND APPOINTMENT OF DISTRICT 4 APPOINTEE TO THE
PLANNING AND ZONING COMMISSION 7
7.J. APPOINTMENT TO THE PLANNING & ZONING COMMISSION 8
7.K. APPOINTMENT TO THE PLANNING AND ZONING COMMISSION 8
7.L. APPOINTMENT TO THE CHILDREN'S SERVICES ADVISORY COMMITTEE 8
7.M. RESIGNATION FROM THE CHILDREN'S SERVICES ADVISORY COMMITTEE 9
7.N. APPOINTMENT TO THE CHILDREN'S SERVICES ADVISORY COMMITTEE GRANT
REVIEW SUBCOMMITTEE 9
7.0. FOSTER IRC L.L.C.'S REQUEST FOR FINAL PLAT APPROVAL FOR A
SUBDIVISION TO BE KNOWN AS HUNTINGTONPLACE 9
7.P. APPROVAL OF AGREEMENT FOR PAYMENT OF COSTS ASSOCIATED WITH
CREATION OF THE WEST WABASSO STREET LIGHTING MUNICIPAL SERVICE
BENEFIT UNIT 10
7.Q. WORK ORDER NO. 10 (ENGINEERING/SURVEY) MASTELLER, MOLER, REED &
TAYLOR, INC., INDIAN RIVER DRIVE PHASE I, RIGHT-OF-WAY MAPPING
PROJECT 10
7.R. THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER
COUNTY FOR THE SEDIMENT, FLOW REDUCTION & OTHER WATER QUALITY
IMPROVEMENTS WITHIN THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT 11
January 9, 2007 2
7.S. INDIAN RIVER COUNTY BID # 2007023 WABASSO FISHING PIERS
REHABILITATION PUBLIC WORKS DEPARTMENT 12
7.T. SUPPLEMENTAL SURVEY SERVICES FOR: PHASE ONE, OSLO ROAD
RIGHT-OF-WAY MAPPING PROJECT CONTINUING PROFESSIONAL SURVEY
SERVICES CONTRACT 0390 12
7. U. SUPPLEMENTAL SURVEY SERVICES FOR: PHASE TWO, OSLO ROAD
RIGHT-OF-WAY MAPPING PROJECT CONTINUING PROFESSIONAL SURVEY
SERVICES CONTRACT 0390 13
7.V. LAKEWOOD TERRACE SUBDIVISION WATER ASSESSMENT PROJECT, UCP No.
2317 APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND RELEASE OF
RETAINAGE, W.LP. No. 473-169000-03520 13
7.W. CENTURY TOWN CENTER DEVELOPER'S AGREEMENT FOR DEVELOPER
CONTRIBUTIONS TO INTERSECTION IMPROVEMENTS AT STATE ROAD 60 AND
58THAVENUE14
7.X. SUNRISE PLAZA DEVELOPER'S AGREEMENT FOR DEVELOPER
CONTRIBUTIONS TO INTERSECTION IMPROVEMENTS AT STATE ROAD 60 AND
58THAVENUE14
7. Y. CONSIDERATION OF CDPL US SOFTWARE SUPPORT AGREEMENT 15
7.Z. ACCEPTANCE OF CHANGE ORDER No. 21 FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS 15
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 16
9. PUBLIC ITEMS 16
A. PUBLIC HEARINGS - NONE 16
9.B. PUBLIC DISCUSSION ITEMS - NONE 16
January 9, 2007 3
9.C. PUBLIC NOTICE ITEMS 16
1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR UPCOMING BOARD MEETING : 16
A. JANUARY16, 2007 MEETING: 16
BOARD CONSIDERATION TO APPROVE PURCHASE OF AGRICULTURAL CONSERVATION
EASEMENTS ON THE SEXTON RANCH UNDER THE COUNTY ENVIRONMENTAL
LAND ACQUISITION PROGRAM (ADMINISTRATIVE) 16
B. JANUARY23, 2007 MEETING: 16
BOARD CONSIDERATION TO APPROVE PURCHASE OF THE 16
"SEBASTIAN HARBOR PRESERVE" SITE UNDER THE COUNTY 16
ENVIRONMENTAL LAND ACQUISITION PROGRAM ADMINISTRATIVE) 16
10. COUNTY ADMINISTRATOR'S MATTERS - NONE 17
11. DEPARTMENTAL MATTERS 17
A. COMMUNITY DEVELOPMENT 17
1. CONSIDERATION OF THE STATUS OF WATERWAY VILLAGE'S (DIVOSTA) PRIOR
VESTED UNITS 17
11.B. EMERGENCY SERVICES - NONE 18
11.C. GENERAL SERVICES -NONE 18
11.D. HUMAN RESOURCES -NONE 18
11.E. HUMAN SERVICES -NONE 18
11.F. LEISURE SERVICES -NONE 18
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 18
11.H. RECREATION -NONE 18
11. L PUBLIC WORKS 18
1. WORK ORDER NO. 1 TO THE PROFESSIONAL CIVIL ENGINEERING SERVICES
AGREEMENT WITH CARTER ASSOCIATES, INC., FOR SITE ENGINEERING AND
PERMITTING FOR INDIAN RIVER COUNTYPARKSMAINTENANCE COMPLEX IRC
PROJECT NO. 0701 18
1 LL2. AWARD OF BID # 2007027 INDIAN RIVER DRIVE SOUTH SIDEWALK
IMPROVEMENTS, IRC PROJECT # 0201, LAP AGREEMENT 19
January 9, 2007 4
11..1 UTILITIES SERVICES 20
1. FALCON TRACE SUBDIVISION WATER MAIN EXTENSION DEVELOPER'S
AGREEMENT FINAL PAY REQUEST AND RELEASE OF RETAINAGE, INDIAN
RIVER COUNTY PROJECT NO. CDS/CCS 2087 20
11.J.2 CLOUD GROVE WATER APPLICATION 21
12. COUNTY ATTORNEY - NONE 23
13. COMMISSIONERS' ITEMS 23
A. COMMISSIONER GARY C. WHEELER, CHAIRMAN 23
13.A.2. RESOLUTION OF SUPPORT URGING THE FLORIDA STATE
LEGISLATURE TO ADDRESS IN THE SPECIAL SESSION BEGINNING JANUARY 16,
2007, THE EXTREME INSURANCE RATE INCREASES IMPOSED UPON THE
RESIDENTS AND BUSINESS OWNERS IN FLORIDA 25
13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIRMAN 26
13.B.2. REPRESENTING INDIAN RIVER COUNTY WITH TREASURE COAST
COUNCIL OF LOCAL GOVERNMENTS TO LOBBY IN WASHINGTON, D. C. 28
13. C. COMMISSIONER WESLEY S. DAVIS 29
13.D. COMMISSIONER JOSEPH E. FLESCHER- NONE 29
13.E. COMMISSIONER PETER D. O'BRYAN - NONE 29
14. SPECIAL DISTRICTS AND BOARDS 29
A. EMERGENCYSER VICES DISTRICT - NONE 30
B. SOLID WASTE DISPOSAL DISTRICT 30
14.B.1. APPROVAL OF MINUTES: 30
14.B.2. PAYMENT REQUEST BY FLORIDA POWER & LIGHT TO RELOCATE A SEGMENT
OFITS POWER LINE AT THE COUNTY LANDFILL SITE 30
14.B.3. ANNUAL FINANCIAL REPORTS 30
14. C. ENVIRONMENTAL CONTROL BOARD —NONE 30
January 9, 2007 5
15. ADJOURNMENT 30
January 9, 2007 6
January 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, 1840 25th Street, Vero Beach,
Florida, on Tuesday, January 9, 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 K. DeBraal, Executive Aide to the Board Kimberly
Massung, and Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
January 9, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
1. Deletion of Item 7. K - Appointment to the Planning and Zoning Commission
(at the request of Commissioner O'Bryan)
Vice Chair Bowden asked to add an Item (7.AA) to the Agenda regarding the resignation
and appointment of District 5 Appointee to the Utility Advisory Committee.
Chairman Wheeler preferred not to add the item unless it was an emergency. There was
consensus for the item to go on next week's Agenda.
There was Consensus to approve the change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS - NONE
6. APPROVAL OF MINUTES
A. REGULAR MEETING OF OCTOBER 24, 2006
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of October 24, 2006. There were none.
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Davis, the Board
unanimously approved the Minutes of the regular
meeting of October 24, 2006, as written and
distributed.
January 9, 2007 2
B. REGULAR MEETING OF NOVEMBER 7, 2006
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of November 7, 2006. There were none.
ON MOTION by Vice Chair Bowden, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Minutes of the regular meeting of
November 7, 2006, as written and distributed.
C. REGULAR MEETING OF NOVEM BER 14, 2006
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of November 14, 2006. There were none.
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Minutes of the regular meeting of
November 14, 2006, as written and distributed.
7. CONSENT AGENDA
7.A. REPORTS ON FILE IN THE OFFICE OF CLERK TO THE BOARD:
January 9, 2007 3
1. Delta Farms Water Control District Minutes of the Board of Supervisors for the
fiscal year ending September 30, 2006.
2. Delta Farms Water Control District 2006 Audit Report and 2006 State of
Florida Annual Local Government Financial Report.
3. Indian River Farms Water Control District Minutes of the Board of Supervisors
meetings for the period of October 2005 through September 2006.
4. Clerk of Circuit Court — Report of Convictions, Month of September 2006.
5. City of Fellsmere — recorded copy of Ordinance 06-26, voluntarily annexing
78.77 ± acres.
6. City of Fellsmere — recorded copy of Ordinance 06-27, voluntarily annexing
391.84 ± acres.
7.B. APPROVAL OF WARRANTS —DECEMBER 8 -DECEMBER 14, 2006
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved the list of Warrants
issued by the Clerk to the Board for the time
period December 8 to December 14, 2006, as
requested in the memorandum of December 14,
2006.
7.C. APPROVAL OF WARRANTS — DECEMBER 15 - DECEMBER 20,
2006
January 9, 2007 4
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved the list of Warrants
issued by the Clerk to the Board for the time
period December 15 to December 20, 2006, as
requested in the memorandum of December 20,
2006.
7.D. APPROVAL OF WARRANTS — DECEMBER 21 - DECEMBER 28,
2006
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved the list of Warrants
issued by the Clerk to the Board for the time
period December 21 to December 28, 2006, as
requested in the memorandum of December 28,
2006.
7.E. 2007 COMMITTEE APPOINTMENTS AND RE -APPOINTMENTS
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved the representatives
and members up for re -appointment and granted
permission to seek replacements for those
positions marked "Vacant" on the listing for
Advisory Committees, Boards and Councils for
January 9, 2007 5
2007, as requested in the memorandum of
December 29, 2006.
7.F. OUT OF COUNTY TRAVEL FOR CHAIRMAN WHEELER TO SERVE
ON THE COMMISSION FOR FLORIDA LAW ENFORECEMENT
ACCREDITATION INC.
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously authorized reimbursement for
travel costs associated with attending an
orientation meeting tentatively scheduled in
Orlando for February 14, 2007, and three
meetings being held February 27 and 28, 2007 in
Ocala; June 5 and 6, 2007 in Hutchinson Island,
and October 30 and 31, 2007 in Orlando, as
requested in the memorandum of January 2, 2007.
The Commission for Florida Law Enforcement
Accreditation, Inc., will cover the expenses for
lodging.
7.G. OUT OF COUNTY TRAVEL TO ATTEND THE TREASURE COAST
LEGISLATIVE CONFERENCE FEBRUARY 12-14, 2007
January 9, 2007 6
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously authorized out -of -county
travel for all Commissioners and staff to attend
the Annual Treasure Coast Legislative
Conference in Tallahassee from February 12-14,
2007, as requested in the memorandum of January
2, 2007.
7.H. BLANKET AUTHORIZATION FOR COMMISSIONERS TO ATTEND
ASSIGNED COMMITTEE MEETINGS OUT OF COUNTY
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved out -of -county
travel for all current and any future assigned
committee meetings Board members are required
to attend in 2007, as recommended in the
memorandum of December 15, 2006.
7.1. RESIGNATION AND APPOINTMENT OF DISTRICT 4 APPOINTEE TO
THE PLANNING AND ZONING COMMISSION
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously accepted the resignation of
Mr. Scott Chisholm and approved the
appointment of Mr. Gregory Smith as the District
January 9, 2007 7
4 Appointee to the Planning & Zoning
Commission, replacing Mr. Chisholm, as
presented in the memorandum of December 26,
2006.
7.J. APPOINTMENT TO THE PLANNING & ZONING COMMISSION
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved the appointment of
Richard H. Baker as the Member -at -Large
appointee on the Planning & Zoning Commission,
replacing Mr. George Gross, as presented in the
memorandum of January 2, 2007.
7.K. APPOINTMENT TO THE PLANNING AND ZONING COMMISSION
This Item was WITHDRAWN at the request of Commissioner O'Bryan. No Board
action taken.
7.L. APPOINTMENT TO THE CHILDREN'S SERVICES ADVISORY
COMMITTEE
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
January 9, 2007 8
Board unanimously approved the appointment of
Ms. Erin K. Grail as the District 1 appointee
replacing Mr. Richard S. Smith who resigned, as
recommended in the memorandum of January 2,
2007.
7.M. RESIGNATION FROM THE CHILDREN'S SERVICES ADVISORY
COMMITTEE
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously accepted the resignation of
Mr. Rolf Bibow as the District 4 appointee on the
Children's Services Advisory Committee, as
submitted in the memorandum of January 2, 2007.
7.N. APPOINTMENT TO THE CHILDREN'S SERVICES ADVISORY
COMMITTEE GRANT REVIEW SUBCOMMITTEE
The Board noted the appointment of Carol S. Mahony to the Children's Services Advisory
Committee Grant Review Subcommittee.
7.0. FOSTER IRC L.L. C 'S REQUEST FOR FINAL PLAT APPROVAL
FOR A SUBDIVISION TO BE KNOWN AS HUNTINGTON PLACE
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Flescher, the Board unanimously
granted final plat approval for Huntington Place
January 9, 2007 9
Subdivision, and authorized the Chairman to execute
the Lot Clearing and Filling contract, as recommended
in the memorandum of December 28, 2006.
CERTIFIED COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.P. APPROVAL OF AGREEMENT FOR PAYMENT OF COSTS
ASSOCIATED WITH CREATION OF THE WEST WABASSO STREET
LIGHTING MUNICIPAL SERVICE BENEFIT UNIT
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved the Agreement for
reimbursement of costs for West Wabasso Street
lighting District Municipal Service Benefit Unit,
and authorized staff to proceed with the required
public hearings, as recommended in the
memorandum of December 15, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Q. WORK ORDER No. 10 (ENGINEERING/SURVEY) MASTELLER,
MOLER, REED & TAYLOR, INC., INDIAN RIVER DRIVE PHASE I,
RIGHT-OF-WAY MAPPING PROJECT
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved Work Order No. 10
January 9, 2007 10
(Engineering); authorized the project as outlined
in the Scope of Services; and, authorized the
Chairman to execute said Work Order, as
recommended in the memorandum of December
19, 2006.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.R. THIRD AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE ST. JOHN'S RIVER WATER
MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR THE
SEDIMENT, FLOW REDUCTION & OTHER WATER QUALITY
IMPROVEMENTS WITHIN THE INDIAN RIVER FARMS WATER
CONTROL DISTRICT
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved the Third
Amendment to the Memorandum of
Understanding between St. John's River Water
Management District and Indian River County for
the sediment, flow reduction and other water
quality improvements within the Indian River
Farms Water Control District, and authorized the
Chairman to execute same, as recommended in
the memorandum of December 28, 2006.
PARTIALLY EXECUTED COPY OF THIRD AMENDMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
January 9, 2007 11
7.S. INDIAN RIVER COUNTY BID # 2007023 WABASSO FISHING
PIERS REHABILITATION PUBLIC WORKS DEPARTMENT
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously rejected the sole Bid, and
authorized that the Public Works Department
re -bid the project after review of the design details
and investigation into less expensive alternatives,
as recommended in the memorandum of January
2, 2007.
7.T. SUPPLEMENTAL SURVEY SERVICES FOR: PHASE ONE, OSLO
ROAD RIGHT-OF-WAY MAPPING PROJECT CONTINUING
PROFESSIONAL SURVEY SERVICES CONTRACT 0390
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved Supplemental No. 2
to Work Order No. 7 (with Kimley-Horn &
Associates, Inc.) allowing for completion of the
Phase One right-of-way mapping project, as
recommended in the memorandum of December
29, 2006.
SUPPLEMENTAL NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 9, 2007 12
7.U. SUPPLEMENTAL SURVEY SERVICES FOR: PHASE TWO, OSLO
ROAD RIGHT-OF-WAY MAPPING PROJECT CONTINUING
PROFESSIONAL SURVEY SERVICES CONTRACT 0390
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved Supplemental No. 1
to Work Order No. 8 (with Kimley-Horn &
Associates, Inc.) allowing for completion of the
Phase Two right-of-way mapping project, as
recommended in the memorandum of January 2,
2007.
SUPPLEMENTAL NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.V. LAKEWOOD TERRACE SUBDIVISION WATER ASSESSMENT
PROJECT, UCP No. 2317 APPROVAL OF FINAL PAYMENT TO
CONTRACTOR AND RELEASE OF RETAINAGE, W.I.P. No.
473-169000-03520
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved the total project
cost of $264,101.00 and approved application for
January 9, 2007 13
payment No. 2 — Final as final payment to
Tri -Sure Corporation, in the amount of
$13,205.05, as recommended in the memorandum
of December 13, 2006.
7.W. CENTURY TOWN CENTER DEVELOPER'S AGREEMENT FOR
DEVELOPER CONTRIBUTIONS TO INTERSECTION IMPROVEMENTS AT
STATE ROAD 60 AND 58THAVENUE
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved Alternative No. 1,
Century Town Center Developer's Agreement,
for Developer contributions to intersection
improvements at State Road 60 and 58th Avenue,
as recommended in the memorandum of
December 27, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.X. SUNRISE PLAZA DEVELOPER'S AGREEMENT FOR DEVELOPER
CONTRIBUTIONS TO INTERSECTION IMPROVEMENTS AT STATE ROAD
60 AND 58THAVENUE
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved Alternative No. 1,
the Sunrise Plaza Developer's Agreement for
Developer contributions to intersection
January 9, 2007 14
improvements at State Road 60 and 58th Avenue,
as recommended in the memorandum of
December 18, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Y. CONSIDERATION OF CDPLUS SOFTWARE SUPPORT AGREEMENT
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved and authorized the
Chairman to execute the CDPIus Software
Support Agreement with Perconti Data Systems,
Inc., and authorized payment of the Invoice, as
recommended in the memorandum of January 2,
2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Z. ACCEPTANCE OF CHANGE ORDER No. 21 FOR THE NEW
COUNTY ADMINISTRATION BUILDINGS
ON MOTION by Commissioner Davis,
SECONDED by Commissioner Flescher, the
Board unanimously approved and accepted
Change Order No. 021 for the New County
Administration Buildings, as recommended in the
memorandum of January 3, 2007.
January 9, 2007 15
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
A. PUBLIC HEARINGS - NONE
9.B. PUBLIC DISCUSSION ITEMS - NONE
9.C. PUBLIC NOTICE ITEMS
1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR UPCOMING
BOARD MEETING :
A. JANUARY 16, 2007 MEETING:
BOARD CONSIDERATION TO APPROVE PURCHASE OF AGRICULTURAL
CONSERVATION EASEMENTS ON THE SEXTON RANCH UNDER THE
COUNTY ENVIRONMENTAL LAND ACQUISITION PROGRAM
(ADMINISTRATIVE)
B. JANUARY 23, 2007 MEETING:
BOARD CONSIDERATION TO APPROVE PURCHASE OF THE
"SEBASTIAN HARBOR PRESERVE" SITE UNDER THE COUNTY
ENVIRONMENTAL LAND ACQUISITION PROGRAM ADMINISTRATIVE)
January 9, 2007 16
Executive Aide Kimberly Massung read the Notices into the record.
10. COUNTY ADMINISTRATOR'S MATTERS - NONE
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
1. CONSIDERATION OF THE STATUS OF WATERWAY VILLAGE'S
(DIVOSTA) PRIOR VESTED UNITS
(Clerk's Note: Court Reporter Debra McManus was in attendance representing DiVosta)
Community Development Director Stan Boling presented this item to the Board for
consideration. He recapped his memorandum of January 3, 2007 reminding the Board of prior
actions on this matter. He asked the Board to approve staff s recommendation that the Board
determine that the 733 Waterway Village units that have been vested remain vested on the
County's concurrency management system.
Vice Chair Bowden was uncomfortable going forward with this without total legal
representation. Chairman Wheeler agreed.
County Administrator Joseph Baird discussed the only problem staff has with this. He said
staff would remain consistent and leave the 733 trips on the model.
Chairman Wheeler reiterated Vice Chair Bowden's point of concern and felt another
week's delay would not make a difference.
January 9, 2007 17
Motion WAS MADE by Commissioner Flescher,
SECONDED by Vice Chair Bowden, to postpone this issue
to a time certain and direct the legal staff to coordinate with
Attorney Shubin to schedule a time when they all would be
available to meet with the Board
There was no further discussion.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
11.B. EMERGENCY SERVICES — NONE
11. C GENERAL SERVICES — NONE
11.D. HUMAN RESOURCES — NONE
11.E. HUMAN SERVICES — NONE
11. F. LEISURE SERVICES — NONE
11. G. OFFICE OF MANAGEMENT AND BUDGET — NONE
11.H. RECREATION — NONE
11. I. PUBLIC WORKS
1. WORK ORDER No. I TO THE PROFESSIONAL CIVIL
ENGINEERING SERVICES AGREEMENT WITH CARTER ASSOCIATES,
INC., FOR SITE ENGINEERING AND PERMITTING FOR INDIAN RIVER
COUNTY PARKS MAINTENANCE COMPLEX IRC PROJECT NO. 0701
January 9, 2007 18
ON MOTION by Vice Chair Bowden, SECONDED
by Commissioner Davis, the Board unanimously
approved Alternative No. 1, authorizing the Chairman
to execute Work Order No. 1 with Carter Associates,
Inc., for a lump sum $44,025.00, plus N.T.E.
$2,000.00 for reimbursable expenses, as recommended
in the memorandum of January 2, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.1.2. AWARD OF BID # 2007027 INDIAN RIVER DRIVE SOUTH
SIDEWALK IMPROVEMENTS, IRC PROJECT # 0201, LAP AGREEMENT
Public Works Director Jim Davis recapped his memorandum of December 27, 2006
informing the Board that his Department has completed the bidding process for the Indian River
south sidewalk project, which is partially funded by a LAP agreement from the Department of
Transportation (DOT) in the amount of $207,000.00. He asked the Board to approve staff's
recommendation to award the Bid to L.H. Tanner Construction Corp.
Commissioner O'Bryan had comments from citizens who questioned why there were no
sidewalks on the west side.
Director Davis explained that on the west side there is a fairly deep drainage ditch west of
Indian River Drive, and it is not safe for pedestrians to cross at a mid -block crossing without a
traffic signal. Discussion ensued regarding compliance with the "tree ordinance".
January 9, 2007 19
Commissioner Davis reported that he met with Director Davis and some concerned
residents (the "Shoreliners") whose main concern was when the sidewalk would be put in, and
their preference that it be on the west side of the road.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, awarding the Bid to the low bidder, L.H.
Tanner Construction Corp., in the amount of $463,461.39,
and directed the Chairman to sign the Agreement, as
recommended in the memorandum of December 27, 2006.
COPY OF AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
11.J. UTILITIES SERVICES
1. FALCON TRACE SUBDIVISION WATER MAIN EXTENSION
DEVELOPER'S AGREEMENT FINAL PAY REQUEST AND RELEASE OF
RETAINAGE, INDIAN RIVER COUNTY PROJECT No. CDS/CCS 2087
ON MOTION by Commissioner Davis, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved an initial payment to Indian River Associates
II, LLLP, in the amount of $183,632.35 and
subsequent payments of $44,501.52 and $7,329.42 as
described and as recommended in the memorandum of
December 12, 2006.
January 9, 2007 20
11.J.2 CLOUD GROVE WATER APPLICATION
Utilities Director Erik Olson recapped his memorandum of January 3, 2007 updating the
Board on Cloud Grove's water application. He outlined staff's concern, expressing that with any
of the future development areas, it is important for us to be aware of any potential impact that may
or may not exist on our water supply system. He asked the Board to approve staff's
recommendation that a letter of objection be submitted to the Public Service Commission on the
potential of its impact on the water supply system in Indian River County, not only for the
municipal supply system but also the agricultural supply. He also recommended that as part of the
letter of objection, the applicant of Cloud Grove be in a position to demonstrate through the
appropriate engineering technology that in fact there would not be an impact associated with the
neighboring users.
Commissioner O'Bryan asked how many wells it would it take to deliver that amount of
water. Director Olson said about three (3) wells.
MOTION WAS Made by Vice Chair Bowden,
SECONDED by Commissioner O'Bryan for discussion, to
approve staff's recommendation.
Assistant County Attorney DeBraal opined that a letter of objection would trigger a
proceeding before the Public Service Commission which would be held here locally and at that
time we would be able to put on any evidence along with any other substantially affected party. It
would be a proceeding under Chapter 120 of the Administrative Law section. He suggested the
Board use outside counsel that specialized in that form of law.
January 9, 2007 21
Vice Chair Bowden AMENDED the Motion, SECONDED
by Commissioner O'Bryan, to include the use of outside
legal counsel specialized in the areas of utilities.
Chairman Wheeler agreed with staff and would like the letter to be as strong as possible.
He also requested that a joint meeting with the St. Lucie County Commission be scheduled to
discuss the problem with Cloud Grove. He read excerpts from a letter he received from St. John's
River Water Management District acknowledging there is a problem and airing their concerns.
Motion WAS AMENDED by Vice Chair Bowden,
SECONDED by Commissioner O'Bryan, to request a joint
meeting with the St. Lucie County Commission.
Administrator Baird informed the Board that Cloud Grove has asked to be on next week's
Agenda to make a presentation.
Chairman Wheeler encouraged everyone watching on television and those who contacted
him yesterday requesting to air their concerns, to also write letters to the St. John's River Water
Management District expressing their displeasure about the potential use of our water for another
county's project.
Director Olson clarified that Cloud Grove would fall under the South Florida Water
Management District (SFWMD).
Commissioner Davis informed the Board that he has a meeting tomorrow with Bob
Yulevich who is in charge of the Sebastian River Drainage District, in the St. John's Water Control
District, to discuss the 1400 acres in Indian River County the plans for which have concerned him
for a while.
January 9, 2007 22
Chairman Wheeler felt it would also be a good idea to invite St. John's River and
The South Florida Water Management District (SFWMD) to the joint meeting.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved: (1) for staff to
send to the Florida Legislative Delegation a strongly
worded letter of objection to Cloud Grove's Water
Application on the basis of its impact to the Indian River
County water supply system; (2) the retention of outside
legal counsel with expertise in these issues to represent the
County in said matter; and (3) that staff schedule a joint
meeting with the St. Lucie County Board of County
Commissioners et al, to discuss the County's concerns.
12. COUNTY ATTORNEY - NONE
13. COMMISSIONERS' ITEMS
A. COMMISSIONER GARY C. WHEELER, CHAIRMAN
1. Amendment to County Code 102.06 to Allow the Chairman
to Make a Motion.
Chairman Wheeler drew reference to Section 102.06 of the Indian River County
Code, which provides direction for the "Presiding officer" during debates and the making of
Motions. Chairman Wheeler argued that he does not intend to make motions without input from
January 9, 2007 23
other Commissioners and could not see a reason why he should not be allowed to make a motion
just because he is the Chairman. He then assured the Board that he would accept whatever
decision they make and would not have a problem with it.
Attorney DeBraal disclosed that his office had contacted other counties that use the
Chairman's Rules and asked what they did in situations where the Chairman wants to make a
motion. The response was that the Chairman simply passes the gavel to the Vice Chair, makes his
motion, participates in the discussion, votes and then has the gavel passed back to him. He thinks
that correlates with that section of the Ordinance which states, "... and shall not be deprived of any
of the rights and privileges of a commissioner by reason of acting as presiding officer."
Chairman Wheeler felt we do not have that provision and option and we need to do some-
thing to correct that to make it an option.
Commissioner Davis understood how this, if granted, could be abused and felt
there would be public scrutiny as well. He however, did not have a problem with Chairman
Wheeler's request.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner O'Bryan, for discussion, to
allow the Chairman make a motion.
Vice Chair Bowden was not in favor of this action because of the potential for "abuse of
power". She was however, in favor of the Chairman passing the gavel.
Discussion ensued regarding how to word the ordinance, using Roberts' Rules of Order,
and why it was crucial for the Chairman to make a motion.
January 9, 2007 24
Commissioner Flescher believed that, as the Chairman, making motions might cloud that
authority and responsibility of the public's trust and for anyone who holds that position of
authority.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner O'Bryan, to amend the
Ordinance to give the Chairman the ability to pass the gavel
and make a motion.
Commissioners Bowden and Flescher believed this was a mistake.
The Chairman CALLED THE QUESTION and the Motion
carried 3-2 (Commissioners Bowden and Flescher
opposed).
13.A.2. RESOLUTION OF SUPPORT URGING THE FLORIDA STATE
LEGISLATURE TO ADDRESS IN THE SPECIAL SESSION BEGINNING
.JANUARY 16, 2007, THE EXTREME INSURANCE RATE INCREASES
IMPOSED UPON THE RESIDENTS AND BUSINESS OWNERS IN FLORIDA.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2007-001 urging the Florida State Legislature
to address in the Special Session beginning January 16,
2007, the extreme insurance rate increases imposed upon
the residents and business owners in Florida.
January 9, 2007 25
13.B. COMMISSIONER SANDRA L. BoWDEN, VICE CHAIRMAN
1. Update on Legal Services
Vice Chair Bowden discussed legal concerns that resulted from the County Attorney
taking a leave of absence. She read and handed out copies of a Scope of Services she had prepared
for the retention of an interim County Attorney. She advised that our County Attorney has since
returned to work.
Commissioner Flescher asked if this was initiated through workload or skills and
expertise.
County Attorney William Collins believed it was initiated because of his absence for two
weeks and there was concern about how long he would have been gone. He discussed his handling
of planning and land use matters, and did not think they needed to get a regular counsel for that
purpose. He defended his expertise on planning and land use by briefly describing his education
and qualifications in that area.
Donna Keys, Chairperson of the Planning and Zoning Commission (P&Z), was
concerned that without proper legal representation from the County Attorney's office P&Z was
setting itself up for a lawsuit if they go against staffs recommendation. Her arguments were that
P&Z should be given the capability to discern the reasons a project should or should not be
approved. She felt P&Z should not have to make decisions based solely on staff s
recommendation.
Assistant County Attorney William DeBraal understood Ms. Keys concern, but felt P&Z
January 9, 2007 26
needed to view staff as another opinion and should not be tied to staff s recommendations if they
find substantial evidence that goes against such recommendations.
George Christopher, Planning & Zoning Commission, recapped Ms. Keys comments
expressing that P&Z was not getting adequate legal advice at its meetings.
Commissioner Flescher asked Ms. Keys if his interpretation was correct that P&Z was
looking for more proactive -pre-emptive stance from the Attorneys and whether she was looking
for written interpretation on all matters.
Ms. Keys replied, "Yes", remarking that they have an opinion from the Attorneys in
addition to staff s.
County Attorney Collins did not think it was the legal staffs role to say whether things
should be approved or not but to offer legal opinion on the issues. Further, they should not be the
basis for P&Z's decisions; it should be the facts and evidence presented at the hearings.
Mr. Christopher, Ms. Keys and the Board debated P&Z's need for its own attorney and
legal guidance on all issues, and the legal staffs ability to handle the workload.
Chairman Wheeler agreed that the legal staff has more work now than it did in the past,
and believed they need more legal staff
Attorney Collins argued that it would be counter productive to have a special counsel for
every meeting, but agreed that they could be called as needed.
Fred Mensing, 7580 129th Street, lauded the Attorneys ability and was insulted by
comments questioning such abilities.
January 9, 2007 27
Joseph Paladin, Chairman of the Growth Awareness Committee and a local developer,
resented implications about the legal staff being overburdened because of researching the pending
ordinances that the Growth Awareness Committee brought forth. He agreed that P&Z needed an
attorney to point out the negatives that could result in a lawsuit, and believed the more credibility
P&Z staff has would be better.
Commissioner Davis felt they should go with Administrator Baird's suggestion to add
alternatives and options to the recommendation and see how that works before they go out and hire
another attorney.
Chairman Wheeler suggested they start looking for another attorney now and get
someone on Board. He lauded Attorney Collins character and work, but agreed Attorney Collins
needed some help.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
for the County Attorney's Office to advertise and retain the
services of an additional attorney.
13.B.2. REPRESENTING INDIAN RIVER COUNTY WITH TREASURE
COAST COUNCIL OF LOCAL GOVERNMENTS TO LOBBY IN
WASHINGTON, D.C.
Vice Chair Bowden attended a meeting in Fort Pierce regarding the above subject, which
involved Martin, St. Lucie, Indian River and Okeechobee Counties plus all the municipalities in
those towns. She explained that Martin and St. Lucie counties are heavily lobbying Washington
January 9, 2007 28
on water and other issues. She would like to join in on that effort if her scheduled is arranged to do
that.
Administrator Baird disclosed that Martin and St. Lucie Counties have already authorized
for one or two of their commissioners to go to Washington and they would like us to go up as a
group in February.
Commissioner Davis thought it was a great idea.
On MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved for
Vice Chair Bowden to travel to Washington, D.C.,
representing Indian River County, to lobby as a group on
water and utility issues, from February 14-17, 2007.
13. C COMMISSIONER WESLEY S. DAVIS
Commissioner Davis informed the Board that although it is a tedious task, things were
moving forward regarding improvements on CR 512 in Sebastian.
13.D. COMMISSIONER JOSEPH E. FLESCHER- NONE
13.E. COMMISSIONER PETER D. O'BRYAN- NONE
14. SPECIAL DISTRICTS AND BOARDS
January 9, 2007 29
A. EMERGENCY SERVICES DISTRICT - NONE
B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Board of
County Commissioners meeting, the Board would reconvene as the Board of Commissioners of
the Solid Waste Disposal District. Those Minutes are being prepared separately and are appended
to this document.
14.B.1. APPROVAL OF MINUTES:
A. Meeting of November 7, 2006
B. Meeting of November 14, 2006
14.B.2. PAYMENT REQUEST BY FLORIDA POWER & LIGHT TO
RELOCATE A SEGMENT OF ITS POWER LINE AT THE COUNTY
LANDFILL SITE
14.B.3. ANNUAL FINANCIAL REPORTS
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
January 9, 2007 30
OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 10:38 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/aa/2007Minutes
January 9, 2007 31