HomeMy WebLinkAbout11/21/2006 (3)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 21, 2006
1. CALL TO ORDER .............................................................................................................1
2. INVOCATION ...................................................................................................................1
3. PLEDGE OF ALLEGIANCE .............................................................................................1
SWEARING IN OF NEW COMMISSIONERS ..........................................................................2
4. ADDITIONS/DELETIONS TO THE AGENDA EMERGENCY ITEMS - NONE .............2
5. PROCLAMATIONS AND PRESENTATIONS ................................................................2
5.A. Presentation of Proclamation Designating November 19 – 25, 2006, as Christian
Heritage Week in Indian River County .......................................................................2
6. APPROVAL OF MINUTES – NONE ................................................................................2
7. CONSENT AGENDA ........................................................................................................3
7.A. Approval of Warrants -- Nov. 3 – Nov. 4, 2006 .........................................................3
7.B. Authorization to Attend Traditional Planning Principles Workshop ...........................3
7.C. Resignation from the Beach and Shore Preservation Advisory Committee ..................4
7.D. Appointment to the Beach and Shore Preservation Advisory Committee.....................4
7.E. Resignation and Appointment to the Planning and Zoning Commission .....................4
November 21, 2006
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7.F. Proclamation Honoring Leland Louis Hanks for Attaining the Rank of Eagle Scout...5
7.G. Consideration of Approval of a Grant Contract with the Florida Communities Trust for
After-Purchase Cost Share Reimbursement for the ORCA Diamond Tract
Environmental Land Acquisition ................................................................................5
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7.H. Award of Bid #2006049, 4 Street/35 Avenue Canal (AKA Cooch Ditch) Bridge
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Replacement, IRC Project #0209 & 11 Street SW Paving Project, IRC Project #9321
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7.I. Final Release of Retainage, Applied Technology and Management, INC., Contract
Amendment #3 ...........................................................................................................6
7.J. Approval of Bid Award for IRC Bid #2007016 (Annual Bid for Cartridge Filters),
Utilities Department ..................................................................................................7
7.K. Approval of Bid Award for IRC Bid #2007018 Lift Station 166 Improvements, Utilities
Department ................................................................................................................8
7.L. Acceptance of Emergency Management Federally-Funded Subgrant Agreement
07DS-5N-10-40-01 ....................................................................................................9
7.M. Approval of Renewal for a Class “B” Certificate of Public Convenience and Necessity
for Indian River Memorial Hospital ...........................................................................9
7.N. Approval of Bid Award and Sample Agreement for IRC Bid #2007014, Judicial
Complex Security System Upgrade, Facilities Management Division ....................... 10
7.O. Indian River County Bid #2006103 Construction of Upgrades and Generators for
IRCDUS Lift Station No.’s 68 and 69, Utilities Department ..................................... 11
7.P. Final Payment Request for MGT of America, Inc. .................................................... 11
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE ........ 12
9. PUBLIC ITEMS ............................................................................................................... 12
November 21, 2006
2
9.A. PUBLIC HEARINGS ............................................................................................... 12
9.A.1. Ordinance Amending Section 101.02.1 of the Indian River County Code
(Legislative) ....................................................................................................... 12
9.B. PUBLIC DISCUSSION ITEMS – NONE .................................................................. 13
9.C. PUBLIC NOTICE ITEMS ........................................................................................ 13
9.C.1. Notice of Scheduled Public Hearing – December 5, 2006 ........................... 13
Marbros LLC and First Atlantic Citrus, Inc.: Request to change the zoning for 2.89
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acres located east of Old Dixie Highway and approximately 390 feet south of 45
Street from CG, General Commercial and CH, Heavy Commercial Districts, to IG,
General Industrial District. Marbros LLC and First Atlantic Citrus, Inc., Owners.
William B. Marine, Agent (Quasi-Judicial) ........................................................ 13
9.C.2. Notice of Scheduled Public Hearing – December 5, 2006 ........................... 14
Public Hearing to Amend Chapter 207, Licensing and License Taxes of the Indian
River County Code (Legislative) ........................................................................ 14
10. COUNTY ADMINISTRATORS MATTERS ................................................................... 14
10.A. LOS ANGELES DODGERS SPRING TRAINING ..................................................... 14
10.B. MEETINGS OF THE BOARD OF COUNTY COMMISSION, PROPOSED – 2007
MEETING DATES ................................................................................................... 18
11. DEPARTMENTAL MATTERS ....................................................................................... 18
11.A. COMMUNITY DEVELOPOMENT .......................................................................... 18
11.A.1. Consideration of Conceptual Approval of Proposed SR60 Advanced
Construction Interest Recovery Mechanism ....................................................... 18
11.B. EMERGENCY SERVICES - NONE .......................................................................... 22
11.C. GENERAL SERVICES - NONE ................................................................................ 22
November 21, 2006
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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 - NONE ........................................................................................... 22
11.I. PUBLIC WORKS ..................................................................................................... 22
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11.I.1. Final Design and Plans Preparation for CR 510 from CR 512 to 75 Court –
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Amendment No. 1, 89 St. Drainage/Soils Design and Utility Locates/Design ... 22
11.J. UTILITIES SERVICES - NONE ............................................................................... 23
12. COUNTY ATTORNEY ................................................................................................... 24
12.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN ............................................. 24
12.B. RESOLUTION 2006-181 – ANNUAL SIGNATORIES RESOLUTION ...................... 24
13. COMMISSIONER’S ITEMS ........................................................................................... 25
13.A. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN.................................... 25
13.A.1. Reconsideration of Resolution of Support for Urban Service Boundary
Legislation ......................................................................................................... 25
13.A.2. Villages/New Town Concept .................................................................... 26
13.B. VICE CHAIR SANDRA L. BOWDEN - NONE.......................................................... 27
13.C. COMMISSIONER WESLEY S. DAVIS - NONE ........................................................ 28
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE ................................................ 28
13.E. COMMISSIONER PETER D. O’BRYAN .................................................................. 28
13.E.1. Workshop for Consideration of Home Rule Charter for Indian River County
28
November 21, 2006
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14. SPECIAL DISTRICTS AND BOARDS ........................................................................... 29
14.A. EMERGENCY SERVICES DISTRICT ...................................................................... 29
14.A.1. Emergency Services Station 5, Deductive Change Order No. 3 ...................... 29
14.B. SOLID WASTE DISPOSAL DISTRICT – NONE ...................................................... 29
14.C. ENVIRONMENTAL CONTROL BOARD – NONE ................................................... 29
15. ADJOURNMENT ............................................................................................................ 29
November 21, 2006
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November 21, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular Session at
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the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday, November 21,
2006, at 9:00 a.m. Present were Vice Chairman Gary C. Wheeler, and Commissioners and Sandra L.
Bowden, Wesley S. Davis, Joseph E. Flescher, Peter D. O’Bryan. Also present were County
Administrator Joseph Baird, County Attorney William G. Collins II, Executive Aide to the Board
Kimberly Massung, and Deputy Clerk Leona Allen.
1. CALL TO ORDER
Vice Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Jack Diehl, Our Savior Lutheran Church delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wesley S. Davis led the Pledge of Allegiance to the Flag.
November 21, 2006
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SWEARING IN OF NEW COMMISSIONERS
Honorable Judge David Morgan administered the Oath of Office to newly elected
Commissioners Joseph E. Flescher and Peter D. O’Bryan. The Honorable Judge Morgan wished each of
the Commissioners well.
4. ADDITIONS/DELETIONS TO THE AGENDA
EMERGENCY ITEMS - NONE
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING
NOVEMBER 19 – 25, 2006, AS CHRISTIAN HERITAGE WEEK IN
INDIAN RIVER COUNTY
Commissioner Wheeler read and presented the Proclamation to Mr. Bob Johnson, who
accepted on behalf of the American Family Association.
6. APPROVAL OF MINUTES – NONE
November 21, 2006
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7. CONSENT AGENDA
Commissioner Bowden asked to pull Items 7.J., 7.K., 7.N. and 7.O. for discussion.
7.A. APPROVAL OF WARRANTS -- NOV. 3 – NOV. 4, 2006
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the list of
Warrants as issued by the Clerk to the Board for the period
November 3 to November 9, 2006, as requested in the
memorandum of November 9, 2006.
7.B. AUTHORIZATION TO ATTEND TRADITIONAL PLANNING
PRINCIPLES WORKSHOP
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized
Commissioners and staff to attend a workshop sponsored by the
Forum for a Sustainable Future and the Treasure Coast Regional
Planning Council titled Traditional Planning Principles on
December 6, 2006, at the Vero Beach Museum of Art, as
requested in the memorandum of November 14, 2006.
November 21, 2006
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7.C. RESIGNATION FROM THE BEACH AND SHORE
PRESERVATION ADVISORY COMMITTEE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the board unanimously accepted the
resignation of Ralph Sexton from Beach and Shore Preservation
Advisory Committee as a Board of County Commission
appointee, as recommended in the memorandum of November 13,
2006.
7.D. APPOINTMENT TO THE BEACH AND SHORE
PRESERVATION ADVISORY COMMITTEE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
appointment of Robert J. Lindsey, Jr. as a Board of County
Commission Appointee, replacing Ralph Sexton, as
recommended in the memorandum of November 15, 2006.
7.E. RESIGNATION AND APPOINTMENT TO THE PLANNING
AND ZONING COMMISSION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously accepted the
November 21, 2006
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resignation of Richard Cahoy as the District 2 Appointee and
approved the appointment of Robert (Bob) Bruce as his
replacement, as requested in the memorandum of November 15,
2006.
7.F. PROCLAMATION HONORING LELAND LOUIS HANKS
FOR ATTAINING THE RANK OF EAGLE SCOUT
The Proclamation was noted for the record.
7.G. CONSIDERATION OF APPROVAL OF A GRANT
CONTRACT WITH THE FLORIDA COMMUNITIES TRUST FOR
AFTER-PURCHASE COST SHARE REIMBURSEMENT FOR THE
ORCA DIAMOND TRACT ENVIRONMENTAL LAND
ACQUISITION
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the FCT
Grant Contract for the “ORCA Diamond Tract” project and
authorize the Chairman to execute the document, as recommended
in the memorandum of November 8, 2006.
GRANT CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
November 21, 2006
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7.H. AWARD OF BID #2006049, 4 STREET/35 AVENUE
CANAL (AKA COOCH DITCH) BRIDGE REPLACEMENT, IRC
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PROJECT #0209 & 11 STREET SW PAVING PROJECT, IRC
PROJECT #9321
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously awarded the low
Bid to Timothy Rose Contracting, in the amount of
$1,222,053.65, as recommended in the memorandum of
November 7, 2006.
CONTRACT DOCUMENTS AND SPECIFICATIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
7.I. FINAL RELEASE OF RETAINAGE, APPLIED
TECHNOLOGY AND MANAGEMENT, INC., CONTRACT
AMENDMENT #3
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
application for final release of retainage to Applied Technology
and Management, Inc. (ATM) in the amount of $4,066.00, as
recommended in the memorandum of November 13, 2006.
November 21, 2006
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7.J. APPROVAL OF BID AWARD FOR IRC BID #2007016
(ANNUAL BID FOR CARTRIDGE FILTERS), UTILITIES
DEPARTMENT
Commissioner Bowden commented that Waco Associates, Inc. was not the low bidder.
Director of Utilities Erik Olson explained that staff awarded the bid to Waco Associates, Inc.
because the low bidder was not in a position to meet the required criteria.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously awarded the Bid to
Waco Associates, Inc. as the lowest and most responsive bidder
meeting the specifications as set forth in the Invitation to Bid;
authorized the Purchasing Division to issue blanket purchase
orders or individual job purchase orders as needed, for the period
of November 1, 2006 through September 30, 2007 with the
recommended bidder; and authorized the Purchasing Manager to
renew the 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 contract is in the
best interest of Indian River County, as recommended in the
memorandum of November 6, 2006.
November 21, 2006
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7.K. APPROVAL OF BID AWARD FOR IRC BID #2007018 LIFT
STATION 166 IMPROVEMENTS, UTILITIES DEPARTMENT
Commissioner Bowden questioned why there were thirteen (13) requests for bids yet only one
responded, then she asked if there was a problem.
Director of Utilities Erik Olson advised that they were surprised as well because when they have
a simple project like this with a bid amount of only $38,000.00, they expected more bidders to respond
also, but they didn’t. He explained they felt quite comfortable awarding it to J & H Waterstop, Inc.
because they have dealt with this company in the past and they have also done a lot of work for the
County previously. Even though it was just one bidder it was well under the estimated budget, he
disclosed.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously awarded the bid to
J&H Waterstop, Inc., as the lowest most responsive and
responsible bidder meeting the specifications as set forth in the
Invitation to Bid; 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 had
approved the agreement as to form and legal sufficiency, as
recommended in the memorandum of November 1, 2006.
November 21, 2006
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7.L. ACCEPTANCE OF EMERGENCY MANAGEMENT
FEDERALLY-FUNDED SUBGRANT AGREEMENT
07DS-5N-10-40-01
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Federally Funded Subgrant Agreement (07DS-5N-10-40-10) and
authorized the Chairman to execute the agreement between Indian
River County Emergency Management and the State of Florida,
Division of Emergency Management, as recommended in the
memorandum of November 14, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. APPROVAL OF RENEWAL FOR A CLASS “B”
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR INDIAN RIVER MEMORIAL HOSPITAL
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved renewal
of the Class “B“ Certificate of Public Convenience and Necessity
for Indian River Memorial Hospital, to be effective for a period of
two (2) years from November 19, 2006 to November 19, 2008, as
recommended in the memorandum of November 14, 2006.
November 21, 2006
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7.N. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT
FOR IRC BID #2007014, JUDICIAL COMPLEX SECURITY
SYSTEM UPGRADE, FACILITIES MANAGEMENT DIVISION
Commissioner Bowden wanted to obtain additional information regarding the huge differences
in the bid amounts, as well as the differences in days to completion, as given by the responsive vendors.
General Services Director Thomas Frame reasoned that because CMI Electronics, Inc. was a
local firm currently working at the jail facility, was probably why they could do it faster.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously awarded the Bid to
CMI Electronics, Inc., as the lowest most responsive and
responsible bidder meeting the specifications as set forth in the
Invitation to Bid; 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 had
approved the agreement as to form and legal sufficiency, as
recommended in the memorandum of November 14, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
November 21, 2006
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7.O. INDIAN RIVER COUNTY BID #2006103 CONSTRUCTION
OF UPGRADES AND GENERATORS FOR IRCDUS LIFT
STATION NO.’S 68 AND 69, UTILITIES DEPARTMENT
Commissioner Bowden wanted clarification as to why this was going out for re-bid, and why
thirty-two (32) vendors requested to bid, yet only one responded.
Director Olson explained that the bidder did not have a clear understanding of what was
requested, therefore, the sole bidder did not reflect a fair cost to accomplish the job as required. He felt
the reason for receiving only one response was because the utility construction industry is starting to slow
down.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved staff’s
recommendation that the Bid be rejected and the Utilities
Department re-bid this item at a later date, as recommended in the
memorandum of November 8, 2006.
7.P. FINAL PAYMENT REQUEST FOR MGT OF AMERICA, INC.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
release of final payment in the amount of $15,980.00 to MGT of
America, Inc. for the Needs Assessment Plan, as recommended in
the memorandum of November 14, 2006.
November 21, 2006
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8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.1. Ordinance Amending Section 101.02.1 of the Indian River County
Code (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS ARE ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
County Attorney William G. Collins, II, explained that the Ordinance is to move the time of
election of the Chairman and Vice Chairman from the first meeting in January to the third Tuesday
following the first Monday in November.
Commissioner Davis asked why they followed this procedure and Attorney Collins responded
that it gives the Commissioners more time to get to know each other before they reorganized.
Commissioners Davis and Bowden agreed that they liked the change for continuity and
smoothness.
The Vice Chairman opened the Public Hearing. There were no speakers and he closed the Public
Hearing.
November 21, 2006
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ON MOTION by Commissioner O’Bryan, SECONDED by
Ordinance
Commissioner Davis, the Board on a 5-0 vote adopted
2006-039
amending Section 101.02.1 of the Indian River County
Code, to provide for the election of a Chairman and Vice
Chairman annually on the third Tuesday after the first Monday in
November; providing for codification; providing for severability;
and providing for an effective date.
9.B. PUBLIC DISCUSSION ITEMS – NONE
9.C. PUBLIC NOTICE ITEMS
9.C.1. Notice of Scheduled Public Hearing – December 5, 2006
Marbros LLC and First Atlantic Citrus, Inc.: Request to change the zoning
for 2.89 acres located east of Old Dixie Highway and approximately 390 feet south
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of 45 Street from CG, General Commercial and CH, Heavy Commercial Districts,
to IG, General Industrial District. Marbros LLC and First Atlantic Citrus, Inc.,
Owners. William B. Marine, Agent (Quasi-Judicial)
November 21, 2006
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9.C.2. Notice of Scheduled Public Hearing – December 5, 2006
Public Hearing to Amend Chapter 207, Licensing and License Taxes of the
Indian River County Code (Legislative)
The Executive Aide to the Board read the notices into the record.
10.COUNTY ADMINISTRATORS MATTERS
10.A. LOS ANGELES DODGERS SPRING TRAINING
County Administrator Joseph A. Baird gave a brief history when the Los Angeles Dodgers came
to Indian River County and how they approached the County to purchase sixty-one (61) acres of property,
with an (eighty-nine) 89-unit hotel conference center, for ten million dollars ($10,000,000.00). To do
this, bonds were issued in 2001, which were over sixteen million dollars ($16,000,000.00). The purpose
of the agreement was to purchase the Dodgers so they would stay here. If we had not, they probably
would have left earlier and the property would have been developed. Based on that, the Board decided to
enter into a “negotiation” agreement.
The Dodgers indicated to him that if they left they would probably purchase the property and
develop it or resell it. Administrator Baird’s slide presentation (copy on file in the Clerk’s office) showed
that during negotiations with the Dodgers, the State would continue to provide $475,000.00 per year, for
thirty (30) years; the tourist tax had increased to one-cent and the one-half-cent sales tax would all go
towards the debt service.
November 21, 2006
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Administrator Baird advised the Board that he received a letter from Mr. Frank H.
McCort, Jr., owner of the Los Angeles Dodgers, informing him that the Dodgers were entering
into a Memorandum of Understanding with Glendale, Arizona.
In depth discussion ensued regarding the urgency of getting something signed by the
Dodgers, whether the County would own the property if we assume the bond payoff, and whether
the property had been rezoned.
Commissioner Davis suggested that during the next Legislative Delegation Meeting, the
Board needs to make it clear to our Legislators, that if it does not state we are allowed to keep
State dollars coming in with a change at Dodgertown, we specifically need to ask for it to be one
of their initiatives and to get it in writing.
Administrator Baird commented that he would try to get lobby for additional money to
attract teams or improve stadiums to bring in other teams.
A resident of the Moorings in Vero Beach expressed her disappointment with the Dodgers
leaving Vero Beach.
Administrator Baird explained he was the head negotiator and there were two reasons why
the property was purchased. First, they wanted to keep it from potential development and second,
for the economic impact of having a team. He said, when they negotiated it, they purchased the
property. Now, in order to leave they have to buy the property back, and that’s what they are
doing.
The Moorings resident then asked for clarification as to who approved the airport master
plan, which wound up having this property zoned for multi-family residences.
November 21, 2006
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Administrator Baird explained it was the City of Vero Beach who did the zoning.
Commissioner Bowden added (for the record) that it had recently been rezoned. She
acknowledged they need to strive to come to a good agreement.
Craig Callen
, Vice President of the Los Angeles Dodgers, gave a brief history of the
Dodgers and when they came to Vero Beach. He said the Dodgers do not want to buy it and flip
it, then set up multi-family residential housing, as allowed in all the documents; they just want a
graceful exit from Dodgertown .
Robert Hoss
, who writes for the Press Journal, commented this may be a good deal but
was concerned that if the County took the land back it would be kept off the tax rolls, which
would be another increase to tax payers. He was most concerned that the taxpayers of this County
get the best deal possible.
Administrator Baird responded that they do have the option and if the Dodgers do buy it, it
will be back on the tax roll. It is being weighed to see if we want to keep the green space. He then
expressed that the article was misleading and he had to face a lot of angry people because of the
misconception. Lastly, he remarked that this County has the second lowest millage in the State.
Commissioner Wheeler explained how the tax rate in this and other Counties happened
because of the 1983 Constitutional Amendment, which put a 3% cap on homesteaded properties.
He said, those who had been homesteaded for the past eleven (11) years are paying less money in
taxes than they were ten years ago. Furthermore, that it was State imposed and not an act of the
County.
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Malcolm Leggett
, 1505 4 Street, would like to see the County get another ball club
when the Dodgers leave.
November 21, 2006
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Administrator Baird recommended trying to get another amendment because it would
allow for another option since the Dodgers are willing and cooperative.
Commissioner Wheeler agreed with Administrator Baird saying all options need to be on
the table, work as a community and with the selective boards make the best deal for all concerned
and move forward.
Commissioner Davis was in favor of keeping their options open and moving forward.
Commissioner Wheeler reemphasized that they are not assuming the debt.
Commissioner Bowden asked Administrator Baird if he could think of any other options
they should have.
Administrator Baird’s concern was to make certain the State revenue and the Tourist Tax
revenue stay in place. Then there would not be an increased impact to the community and they
would have owned the property and kept it from development. He indicated he would be getting
a legal opinion and he thought he could get a letter from the State.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O’Bryan, the Board unanimously approved the
County Administrator to exercise a third Dodgertown lease option
which would allow the Dodgers to vacate Dodgertown without
paying off the remaining balance on the bonds if the debt service
amount remains the same.
November 21, 2006
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10.B. MEETINGS OF THE BOARD OF COUNTY COMMISSION,
PROPOSED – 2007 MEETING DATES
Administrator Baird provided a proposed schedule of Commission meetings for 2007 and
requested all August meetings be cancelled due to the extensive amount of meetings in June and July.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner O’Bryan, the Board unanimously approved the
2007 meeting dates, as proposed in the memorandum of
November 15, 2006.
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPOMENT
11.A.1. Consideration of Conceptual Approval of Proposed SR60
Advanced Construction Interest Recovery Mechanism
Planning Director Stan Boling, through a PowerPoint presentation, explained how the segment
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of SR60 from 66 Avenue to I-95 had been prioritized by the Metropolitan Planning Organization
(MPO), to be widened from four (4) lanes to six (6) lanes. He explained that under the proposed
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advanced construction agreement, the widening of SR60 from 66 Avenue to 82 Avenue would begin
in 2007, and the widening of SR60 from 82nd Avenue to I-95 would begin in 2008. The agreement
would require the County to advance sixty-seven million dollars ($67,000,000.00) for both projects to the
Florida Department of Transportation (FDOT) before the projects begin. FDOT would reimburse the
County the money over a ten (10) year period and the County would receive no interest from FDOT. Mr.
November 21, 2006
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Boling’s staff contracted with a law firm to structure a mechanism that would allow the County to
advance the SR60 projects and recover interest costs involved with advancing the construction. He
continued the presentation explaining in detail how an interest reimbursement fee to developers of
projects would generate sufficient revenue to recover the interest costs.
Commissioner O’Bryan inquired how this would be changed via an Ordinance or Comprehensive
Land Use Plan, and he was concerned how long it would take to make it effective.
Director Boling responded that it would be done as a County-wide Ordinance.
Discussion continued and Administrator Baird responded to Commissioner Bowden’s concerns
regarding the estimated funding and projected deficits.
Commissioner Wheeler expressed his concern as to where the 67 million dollars would come
from and what the timeframe would be as to when the County would be paid back.
Administrator Baird wanted permission to move ahead.
Commissioner Wheeler asked if there was any public input.
Renee Renzi,
340 Waverly Place, felt the County is moving too quickly on development. She
mentioned that development should be closed-down on certain areas of SR60 because of concurrency
requirements.
Administrator Baird commented that this was a safety-issue concern because as the community
grows the road will become more and more overcrowded. He explained how improvements such as
traffic lights and turn-lanes would make it safer. He added, concurrency is future planning and it was
never meant to close-down construction.
November 21, 2006
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John Williams,
1535 Smuggler’s Cove, thinks the fee would be an impact fee and he believes the
developers will challenge it. He suggested getting assurance from the proper attorneys that this fee could
be implemented legally. Widening the roads now would facilitate growth and he did not feel it necessary
to complete at the present time.
Joseph Paladin,
6450 Tropical Way, announced that several months ago he spoke against this
issue because: (1) It was not clear if the State would get it’s funding back; (2) It would cost taxpayers
thirteen million dollars ($13,000,000.00) in interest; and (3) Questioned the legality of how the money
would come out of the Impact Fee Fund. He recently changed his view because he found out that the
money would not come out of the fund and interest would be paid by the developers and builders. He
believed it would be a “real asset” to the community to widen the road and not lower the level of service.
Commissioner Bowden asked County Attorney Collins to make comments regarding the legality
of this procedure and the fees.
Attorney Collins suggested the fee be called a “special concurrency assessment fee” because the
County cannot go forward and develop unless they have the capacity improvement. Since the County
would be benefiting from it they would be paying a special assessment and the benefit would be tied to it.
He thought it to be a good solution and it would be defensible to charge the interest cost to those
benefiting from it by being allowed to proceed with the development in advance of our own program
schedule. Attorney Collins thought the County could defend the special fee assessed to the people who
are benefiting from the concurrency available and mentioned that this is an opportunity to get the State to
advance the program so it is not out of pocket.
Commissioner Wheeler affirmed they were trying to design something that would be conceptual
and he wanted the Board to take a position on this and move forward.
November 21, 2006
20
Chuck Mechling,
1999 Pointe West Drive, a developer, was in agreement with the interest
concept. He reminded the Board that Pointe West has user-services within it’s community which puts
less trips on the road, benefiting everyone in that geographic area. He hoped they would allow
themselves the opportunity to keep economic vitality alive and believes that SR60 does, not only for
Pointe West, but also for general commercial along that Avenue and for the industrial park, which is west
of I-95.
Karen Hall
, Realtor and President of the Realtor’s Association of Indian River County wanted to
convey the Association’s support on the advanced construction for SR60 and hoped the County would
find a viable solution to the interest expense incurred by advancing this project. Although in favor of the
project they felt impact fees may not be the best solution because they become problematic for the
builder, who in-turn passes them on to the buyer in order to make-up the differences in profits, or they
reduce the quality of units. Moreover, an increase in the resulting home prices would lead to stress in the
County that is already dealing with affordable housing. The Association felt confident that advancing
this project would meet the needs for transportation and housing. Ms. Hall handed-out and read a written
message from the Association to the Commissioners (copy on file in the Clerk’s office).
The Vice Chairman called for a brief recess at 10:51 a.m. and reconvened the meeting at 11:02 a.m. with
all members present.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O’Bryan, the Board unanimously approved to
conceptually endorse the proposed interest cost recovery
mechanism for advancing SR 60 construction projects, as
recommended in the memorandum of November 14, 2006.
November 21, 2006
21
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
th
11.I.1. Final Design and Plans Preparation for CR 510 from CR 512 to 75
th
Court – Amendment No. 1, 89 St. Drainage/Soils Design and Utility Locates/Design
November 21, 2006
22
Public Works Director Jim Davis disclosed the amendment to the Contract of Stanley
Consultants, Inc. was to add work which would relocate a canal on the east side of CR 510, to stabilize
th
the slope for the 89 Street canal and add utility work to relocate utilities along the CR 510 corridor.
Staff recommended the Board approve Amendment No. 1 to authorize the additional work.
Dr. Richard Baker
gave each of the Commissioners a copy of his presentation (on file) relating
to the mistakes made by the County on the extension of Project CR 510/CR 512.
Commissioner Davis agreed with Dr. Baker, saying he had on-going conversations and meetings
with residents regarding the CR 512 project and there were certainly mistakes made by the County. He
said if there was going to be a tree ordinance, then it needs to be followed. He then asked Administrator
Baird to speak on the subject.
Administrator Baird discussed some of the errors made and said he met with staff to make sure
they do not happen again in the future.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Amendment No. 1 with Stanley Consultants, Inc. in the amount of
$74,788.00, as recommended in the memorandum of November 8,
2006.
AMENDMENT 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J. UTILITIES SERVICES - NONE
November 21, 2006
23
12. COUNTY ATTORNEY
12.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN
County Attorney William G. Collins requested moving-up the election of the Chairman and Vice
Chairman from the first meeting in January to this morning’s meeting. He opened the floor to
nominations for Chairman.
Commissioner Davis NOMINATED Vice Chairman Wheeler,
SECONDED by Commissioner Flescher, the Board unanimously
approved the election of Vice Chairman Gary C. Wheeler, as
Chairman for 2007.
Chairman Wheeler NOMINATED Commissioner Bowden,
SECONDED by Commissioner Flescher, the Board unanimously
approved the election of Commissioner Sandra L. Bowden, as
Vice Chair for 2007.
12.B. RESOLUTION 2006-181 – ANNUAL SIGNATORIES
RESOLUTION
County Attorney Collins announced this to be a resolution that is accomplished in January of
each year to approve signatures on County checks and contains provisions in the event of emergency.
The County Administrator is delegated certain powers under state of declared emergencies.
November 21, 2006
24
ON MOTION by Commissioner O’Bryan, SECONDED by
Commissioner Davis, the Board by a 5-0 vote approved
Resolution 2006-181
, directing depositories of County funds to
honor certain authorized signatures on County checks, warrants,
and other orders for payment; providing for Board of County
Commissioners and Clerk of the Circuit Court signatories;
rescinding Resolution No. 2006-001; delegating Authority to the
County Administrator to declare states of local emergencies and to
act in a state of Florida declared emergency affecting Indian River
County and providing an effective date, as requested in the
memorandum of November 9, 2006.
13. COMMISSIONER’S ITEMS
13.A. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN
13.A.1. Reconsideration of Resolution of Support for Urban Service
Boundary Legislation
Chairman Wheeler stated this Resolution passed overwhelmingly with 71 percent of the voters
making their wishes known. He asked the Commission to allow him to move forward, work with the
Legislatures and continue working with the neighbors who helped build the Bill they wanted passed last
year.
ON MOTION by Commissioner O’Bryan, SECONDED by Vice
Resolution
Chair Bowden, the Board unanimously approved
2006-182
, Expressing Support for a Special Act of the Florida
November 21, 2006
25
Legislature Providing for Amendment of the Urban Service
Boundary Area Only by Approval of the Majority of the
Electorate, as recommended in the memorandum of November15,
2006.
Chairman Wheeler affirmed he would be in attendance. He would also be attending the Vero
Beach City Council meeting to explain where they were with the Resolution and then later meet with the
Fellsmere City Council to get their input.
Commissioner Davis commented that he thought the figures that Chairman Wheeler came back
with were interesting, showing how one the municipal wanted this act and how another did not. He
suggested moving forward.
Chairman Wheeler agreed and said if this passes then all the residents of the County will have a
say as to what we do with the urban Service line.
13.A.2. Villages/New Town Concept
Chairman Wheeler gave a brief history of this concept. He asked for support from the Board to
give direction to staff and start the actions of the work towards changing the Comprehensive Plan, which
would not allow Villages outside the urban service line. He had a two-part request: (1) Do as the
visioning process recommended, which is to eliminate the village concept outside the urban service line;
and (2) Direct staff and the Planning Division to work with Mr. Bass and the committee to see what they
can come up with and what will actually work.
Commissioner O’Bryan liked the idea of the new town concept regarding clustering
development and focusing infrastructure. He wanted to know if the current ordinance would give a
density increase.
November 21, 2006
26
Director Boling revealed that the current policies, which are on the books, allow for new towns
and do have a density bonus provision in them.
The Board and staff engaged in lengthy and detailed discussions regarding density bonus and
whether there needed to be changes in the Comprehensive Plan.
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board, by a 4-1 vote (Commissioner
Davis opposed) directed staff to draft a Comprehensive Land Use
Plan amendment change to eliminate the allowance of
Village/New Towns outside of the Urban Service Area, as
requested in Memorandum dated November 14, 2006.
Commissioner O’Bryan supported the idea of transferring densities and consolidating, and
thought the Board could be creative and come-up with good ideas for the western lands, but the density
bonus worried him.
Chairman Wheeler was optimistic and thought the planning staff and individual groups could
come up with more. He believed they are moving in the right direction.
Commissioner Davis clarified that he did not disagree that it needs to be re-worked, he just did
not want to take it out of the Comprehensive Plan to do it.
13.B. VICE CHAIR SANDRA L. BOWDEN - NONE
November 21, 2006
27
13.C. COMMISSIONER WESLEY S. DAVIS - NONE
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
13.E. COMMISSIONER PETER D. O’BRYAN
13.E.1. Workshop for Consideration of Home Rule Charter for Indian
River County
Commissioner O’Bryan believed the voters want to have more control over key issues, which
affect the overall quality of life in Indian River County. He said the three key issues include: (a) the
movement of the urban service line, (b) maintaining the height restrictions; and (c) maintaining the
overall densities both inside and outside of the urban service area. He believed having a workshop so the
Commissioners could get more information regarding procedures would be appropriate. He requested
the County Administrator schedule a workshop.
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board unanimously directed the County
Administrator schedule a Workshop to present information to
facilitate Board discussion on the consideration of a home rule
charter for Indian River County, as recommended in the
memorandum of November 14, 2006.
Administrator Baird asked when the Commissioners would like to have the workshop and
Commissioner O’Bryan said he would give him prospective dates.
November 21, 2006
28
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment, the Board would reconvene as
the Board of Commissioners of the Emergency Services District. The Minutes are being prepared
separately and appended to this document.
14.A.1. EMERGENCY SERVICES STATION 5, DEDUCTIVE
CHANGE ORDER NO. 3
14.B. SOLID WASTE DISPOSAL DISTRICT – NONE
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 11:40 a.m.
ATTEST:
November 21, 2006
29
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved: _________________
BCC/LAA/2006Minutes
November 21, 2006
30