HomeMy WebLinkAbout12/19/2006 (4)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 19, 2006
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
4.A.1.EI–VCB’RA
MERGENCY TEM ICE HAIRMAN OWDENS EQUEST FOR PPROVAL
IA ..............................................................................2
TO HIRE AN NTERIM TTORNEY
5.PROCLAMATIONS AND PRESENTATIONS ....................................... 4
5.A.PCF-IRCF ........4
RESENTATION OF HECK BY IREFIGHTERS NDIAN IVER OUNTY AIR
5.B.PRWRFC:I
RESENTATION EGARDING ILDLIFE EFUGE UNDING RISIS MPACT
PINWRPI
ON ELICAN SLAND ATIONAL ILDLIFE EFUGE BY ELICAN SLAND
PS,PIAS,
RESERVATION OCIETY ELICAN SLAND UDUBON OCIETY AND
CC ......................................................................................4
HAMBERS OF OMMERCE
6.APPROVAL OF MINUTES - NONE ........................................................ 6
December 19, 2006
1
7.CONSENT AGENDA ................................................................................... 6
7.A.RPFOCB:
EPORT LACED ON ILE IN THE FFICE OF LERK TO THE OARD
FWCD-SR
ELLSMERE ATER ONTROL ISTRICT CHEDULE OF EGULAR
B-MM2007:J11,2007,M8,2007,
IONTHLY EETINGS FOR ANUARY ARCH
J12,2007,S13,2007N8,2007. ..............................6
ULY EPTEMBER AND OVEMBER
7.B.AW–D1-D7,2006 ............................6
PPROVAL OF ARRANTS ECEMBER ECEMBER
7.C.RSNST
ESOLUTION IN UPPORT OF A ATIONAL CULLING RAINING AND
CSSSC-54C .........................7
OMPETITION ITE ALONG THE OUTH IDE OF THE ANAL
7.D.FP–WON.5CA,I.F:
INAL AYMENT ORK RDER O ARTER SSOCIATES NC OR
OTSL,IRCCN0390 ........................7
SLO RANSFER TATION ANDS ONTRACT UMBER
7.E.W’CS ...............................................................7
ORKERS OMPENSATION ETTLEMENT
7.F.IRCACF(PP,
NTEREST ATE HANGE ON LL OUNTY INANCING ETITION AVING
UAP,UIF,.) .............................8
TILITY SSESSMENT ROJECTS TILITY MPACT EES ETC
7.G.EPSTSW
XTENSION OF ROFESSIONAL ERVICES ECHNICAL UPPORT ORK
ON6. ...................................................................................................8
RDER UMBER
7.H.WBPRSPP-AR
ABASSO EACH ARK ESTORATION ITE LAN REPPLICATION EVIEW
RAS;TP&A
EQUIRED RCHAEOLOGICAL URVEY HOMAS ENDERS SSOCIATES
P .................................................................................................................9
ROPOSAL
7.I. R--WA,NC66A
TH
IGHTOFAY CQUISITION ORTHWEST ORNER OF VENUE AND
4S(SSR60),SL.AGM.A ........ 10
TH
TREET OUTH OF AMUEL DAMS AND AYLA DAMS
7.J. TPCAA .......................................... 10
HIRD ARTY LAIMS DMINISTRATION DDENDUM
7.K.ACON.2NE
CCEPTANCE HANGE RDER O FOR THE EW MERGENCY
OC ............................................................................................ 11
PERATIONS ENTER
7.L.MTA’RFPA
ICHAEL AND AFFI BTS EQUEST FOR INAL LAT PROVAL FOR A
SKSFS ............................... 11
UBDIVISION TO BE NOWN AS OUTH ORTY UBDIVISION
7.M.RAFD
ESOLUTION UTHORIZING THE LORIDA EPARTMENT OF
TMMA(MOA)
RANSPORTATION AINTENANCE EMORANDUM OF GREEMENT
US1ORSRCL
FOR FROM SLO OAD TO OUTH ELIEF ANAL FOR ANDSCAPE
M ...................................................................................................... 11
AINTENANCE
7.N.AIASI
PPROVAL OF AN NTERLOCAL GREEMENT WITH EBASTIAN NLET
DMRCPCS ........... 12
ISTRICT FOR THE AIN ELIEF ANAL OLLUTION ONTROL YSTEM
December 19, 2006
2
7.O.RISRA1ACR510DEPT
OADWAY MPROVEMENTS TO AND EMPORARY
CE................................................................................... 13
ONSTRUCTION ASEMENT
7.P.ACON.19NC
CCEPTANCE OF HANGE RDER O FOR THE EW OUNTY
AB ............................................................................... 14
DMINISTRATION UILDINGS
7.Q.CA,MBA006............. 14
OURT DMINISTRATION ISCELLANEOUS UDGET MENDMENT
7.R.PWVBLTD’RFPA
OINTE EST OF ERO EACH S EQUEST FOR INAL LAT PPROVAL
SKPWEVPI ..... 15
FOR A UBDIVISION TO BE NOWN AS OINTE EST AST ILLAGE HASE
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES – NONE .................................................................................. 15
9.PUBLIC ITEMS .......................................................................................... 16
9.A.PUBLICHEARINGS-NONE .......................................................................... 16
9.B.PUBLICDISCUSSIONITEM ............................................................................ 16
9.B.1.RSBCHA
EQUEST TO PEAK FROM ERMUDA LUB OMEOWNERS SSOCIATION
RDN-CCR .... 16
EGARDING EVELOPER ONOMPLIANCE WITH OUNTY EQUIREMENTS
9.B.2.RSJP,CG
EQUEST TO PEAK FROM OSEPH ALADIN HAIRMAN ROWTH
AC,RMB ........................... 16
WARENESS OMMITTEE EGARDING AINTENANCE ONDS
9.C.PUBLICNOTICEITEMS-NONE .................................................................... 17
10.COUNTY ADMINISTRATOR’S MATTERS - NONE ......................... 17
11.DEPARTMENTAL MATTERS................................................................ 18
11.A.COMMUNITYDEVELOPMENT ........................................................................ 18
11.A.1.RMC’LED
EQUEST TO ODIFY THE OUNTYS OCAL CONOMIC EVELOPMENT
I ........................................................................................................... 18
NCENTIVES
11.B.EMERGENCYSERVICES ................................................................................. 21
11.B.1.RTSPDP
EQUEST FROM HE EBASTIAN OLICE EPARTMENT FOR A UBLIC
SAP(PSAP) ..................................................................... 21
AFETY NSWERING OINT
11.C.GENERALSERVICES ......................................................................................... 22
December 19, 2006
3
11.C.1.IRCJEP-CO#6 ......................................... 23
AIL XPANSION ROJECT HANGE RDER
11.C.2.ACON.20NC
CCEPTANCE OF HANGE RDER O FOR THE EW OUNTY
AB ............................................................................... 24
DMINISTRATION UILDINGS
11.C.3.43ASC-CO#7(C
RD
VENUE UB OMPLEX HANGE RDER HILBERG
C)RRR ............................ 24
ONSTRUCTION AND EQUEST FOR ELEASE OF ETAINAGE
11.C.4.NFAIRCC
EW UNDING GREEMENT WITH NDIAN IVER OMMUNITY OLLEGE FOR
JULD ..................................................................... 25
OINT SE IBRARY EVELOPMENT
11.D.HUMANRESOURCES–NONE ......................................................................... 27
11.E.HUMANSERVICES–NONE .............................................................................. 27
11.F.LEISURESERVICES–NONE ............................................................................ 27
11.G.OFFICEOFMANAGEMENTANDBUDGET–NONE................................... 27
11.H.RECREATION–NONE ....................................................................................... 27
11.I.PUBLICWORKS .................................................................................................... 28
11.I.1.PA,886692A–CR510W
ND
ROPERTY CQUISITION VENUE IDENING AND
I,CPN.0610,SI
MPROVEMENTS OUNTY ROJECT O LABVSEF NVESTMENT
G,LLC.,O ........................................................................................... 28
ROUP WNER
11.J.UTILITIESSERVICES ...................................................................................... 28
11.J.1.27DPWS(N4S),I
THTH
RIVE ETITION ATER ERVICE ORTH OF TREET NDIAN
RCPN.UCP-2906 ............................................................ 28
IVER OUNTY ROJECT O
12.COUNTY ATTORNEY - NONE .............................................................. 29
13.COMMISSIONERS’ ITEMS - NONE ..................................................... 29
13.A.COMMISSIONERGARYC.WHEELER,CHAIRMAN–NONE ................... 29
13.B.COMMISSIONERSANDRAL.BOWDEN,VICECHAIRMAN–NONE .... 29
13.C.COMMISSIONERWESLEYS.DAVIS–NONE ............................................. 29
13.D.COMMISSIONERJOSEPHE.FLESCHER-NONE ...................................... 29
13.E.COMMISSIONERPETERD.O’BRYAN .......................................................... 29
13.E.1.RRFRU.S.F
ESOLUTION TO EQUEST UNDING BE ESTORED TO THE ISH AND
WSB ............................................................................... 30
ILDLIFE ERVICES UDGET
December 19, 2006
4
14.SPECIAL DISTRICTS AND BOARDS ................................................... 30
14.A.EMERGENCYSERVICESDISTRICT ............................................................. 30
14.A.1ESS3DCON.3 ............... 30
MERGENCY ERVICES TATION EDUCTIVE HANGE RDER O
14.A.2.UEIRCFRSN.4
TILITY ASEMENT FOR NDIAN IVER OUNTY IRE ESCUE TATION O
................................................................................................................... 30
14.A.3.AFPRR
UTHORIZATION FOR INAL AYMENT AND ELEASE OF ETAINAGE TO
BC,I.R/RE
ARTH ONSTRUCTION NC FOR THE ENOVATIONEPAIR OF MERGENCY
SS#10 ......................................................................................... 30
ERVICES TATION
14.B.SOLIDWASTEDISPOSALDISTRICT ............................................................ 31
14.B.1.ALABMWIC
MENDMENT OF EASE GREEMENT ETWEEN ORPORATION AND
IRCSWDD ................................. 31
NDIAN IVER OUNTY OLID ASTE ISPOSAL ISTRICT
14.C.ENVIRONMENTALCONTROLBOARD–NONE ......................................... 31
15.ADJOURNMENT ....................................................................................... 31
December 19, 2006
5
December 19, 2006
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach,
Florida, on Tuesday, December 19, 2006, 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 Marian E. Fell, Executive Aide to the Board Kimberly
Massung, and Deputy Clerk Maria I. Suesz.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Commissioner Wesley S. Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
William G. Collins II Vice Chair Sandra Bowden led the Pledge of Allegiance to
the Flag.
December 19, 2006 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
1. Emergency Item 4.A.1. – Vice Chair Bowden’s request to hiring an Interim
Land Use Attorney for P&Z and the Board.
2. Additional Backup for Item 11.B.1 – Letter from Chief of Police, City of
Sebastian, James A. Davis
3. Move Item 13.E.1. to be heard with Item 5.B.1.
ON MOTION by Commissioner Davis,
SECONDED by Commissioner O’Bryan, the Board
unanimously approved the above changes to the
agenda, as requested.
4.A.1. EI–VCB’R
MERGENCY TEM ICE HAIRMAN OWDENS EQUEST FOR
AIA
PPROVAL TO HIRE AN NTERIM TTORNEY
MOTION WAS MADE by Vice Chair Bowden,
Seconded by Chairman Wheeler for discussion, to
direct staff to prepare an RFP for an interim land use
attorney for the Planning and Zoning Commission
(P&Z) and the Board, and staff to bring back to the
Board the second week in January 2007.
Discussion ensued among the Commissioners regarding the immediate absence of
Attorney Collins. Vice Chair Bowden explained that she felt it was necessary to have an
interim attorney, but she did not intend for the attorney to replace Mr. Collins in any way.
During this discussion, the Board learned that it was not necessary to advertise the position.
December 19, 2006 2
County Administrator Baird thought the interim attorney should work for the
Board, and be an advisor to P&Z. Commissioner Davis and Vice Chair Bowden agreed.
Discussion continued regarding the role of the interim attorney. Assistant County
Attorney William DeBraal commented that Attorney David Tucker, Tucker Construction ,
had offered his and his firm’s assistance on an interim basis. Commissioner Davis and
Vice Chair Bowden explained their desire to have an expert attorney in land use, with
successful experiences, to advise the Board quickly in their decision-making, and they did
not think Attorney Tucker’s firm would be appropriate for this.
George Christopher
, Planning & Zoning Committee member, thought it was
critical that the Board have an outside practicing lawyer to advise the P&Z on land use
issues on an interim basis and he commended the Board for addressing this issue.
Joseph Paladin
, Chairman of the Growth Awareness Committee (a private sector
group) supported Vice Chair Bowden’s Motion. He agreed with Mr. Christopher, and he
asked the Board to bring this forward quickly.
Chairman Wheeler wanted a search completed to find out which firm had the best
representation. He wanted the selection done jointly with Mr. Christopher, Mr. Paladin and
the Board and asked Vice Chair Bowden to represent the Board and to bring this back after
the first of the year.
Discussion continued regarding how the Board wanted outside counsel to review
P&Z.
ON MOTION by Commissioner O’Bryan,
SECONDED by Chairman Wheeler, the Board
unanimously approved for staff to develop a request
December 19, 2006 3
for proposal for an interim attorney who specializes
in land use, and Vice Chairman Bowden to
coordinate the details for approval by the Board at
the first meeting of 2007.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PCF-IR
RESENTATION OF HECK BY IREFIGHTERS NDIAN IVER
CF
OUNTY AIR
Toby Turner
, General Manager of the Firefighters Fair, encouraged everyone to
support the Fair scheduled for March 9 – 18, 2007. He advised that the inmates are still
housed at the Fairgrounds, but he anticipated in 2008 the building would be available for
them. He had asked that the Fairgrounds Master Plan be moved forward.
Joe Earman
, President of the Fair Board and Livestock Pavilion Liaison,
presented a facsimile check in the amount of $35,700 to the County Parks and Recreation
Department, stating that they would like to see the Master Plan moved forward since the
Fair has grown tremendously.
5.B. PRWRF
RESENTATION EGARDING ILDLIFE EFUGE UNDING
C:IPINWR
RISIS MPACT ON ELICAN SLAND ATIONAL ILDLIFE EFUGE BY
PIPS,PIA
ELICAN SLAND RESERVATION OCIETY ELICAN SLAND UDUBON
S,CC
OCIETY AND HAMBERS OF OMMERCE
Bonnie Swanson,
Presentations were made by President of the Pelican Island
Jens TripsonPenny
Preservation Society, , from the Pelican Island Audubon Society,
December 19, 2006 4
Mitchell,
on behalf of the Indian River County Area Chamber of Commerce and the
Jens Tripson Dr
Sebastian River Area Chamber of Commerce, and a letter read by for
David Cox
regarding this issue (copy on file). They were soliciting the Board’s support of
a Resolution to the Legislature to restore full funding to the Wildlife National Refuge.
MOTION WAS MADE by Commissioner
O’Bryan, SECONDED by Chairman Wheeler, to
direct the County Attorney’s office to draft a
Resolution of support to Senator Bill Nelson,
Senator Mel Martinez, and Congressman David
Weldon, requesting full funding be reinstated to the
US Fish and Wildlife Services Southeast Refuges
Budgets, and approved to have a federal lobbyist
campaign for reinstatement of this funding.
Discussion ensued by the Commissioners regarding the need for the resolution to
include the wildlife system. Administrator Baird advised the Board that they are working
on an agreement with Marlow and Associates that would include a lobbyist.
MOTION WAS AMENDED by Commissioner
O’Bryan, SECONDED by Chairman Wheeler, to
include the complete National Wildlife Refuge
Program in the resolution.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved
Resolution 2006-193, requesting that the United
States Fish and Wildlife Service restore full funding
December 19, 2006 5
to the Southeast National Wildlife Refuge System
Budget.
6. APPROVAL OF MINUTES - NONE
7. CONSENT AGENDA
Vice Chair Bowden asked to pull Item 7.M. and 7.N. for additional information.
7.A. RPFOC
EPORT LACED ON ILE IN THE FFICE OF LERK TO THE
B:FWCD-S
OARD ELLSMERE ATER ONTROL ISTRICT CHEDULE OF
RB-MM2007:J11,2007,
EGULAR IONTHLY EETINGS FOR ANUARY
M8,2007,J12,2007,S13,2007N8,
ARCH ULY EPTEMBER AND OVEMBER
2007.
The Board noted the report for the record.
7.B. AW–D1-D7,2006
PPROVAL OF ARRANTS ECEMBER ECEMBER
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
December 19, 2006 6
unanimously approved the list of Warrants as issued
by the Clerk to the Board for the period of
December 1-7, 2006.
7.C. RSNST
ESOLUTION IN UPPORT OF A ATIONAL CULLING RAINING
CSSSC-54C
AND OMPETITION ITE ALONG THE OUTH IDE OF THE ANAL
The final draft of Resolution 2006-186, approved at the December 5, 2006 BCC
meeting, was provided for information only. No Board action was required or taken.
7.D. FP–WON.5CA,
INAL AYMENT ORK RDER O ARTER SSOCIATES
I.F:OTSL,IRCCN
NC OR SLO RANSFER TATION ANDS ONTRACT UMBER
0390
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved payment in the amount of
$34,720.00 for final and full payment for Work
Order No. 5 to Carter Associates, Inc. through the
Professional Land Survey Annual Services Contract
0390, as recommended in the memorandum of
December 12, 2006.
7.E. W’CS
ORKERS OMPENSATION ETTLEMENT
December 19, 2006 7
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved the settlement of this claim
in the mediated amount of $171,250.00. The
County will be reimbursed the full amount of the
settlement by the excess insurance carrier, as
recommended in the memorandum of December 11,
2006.
7.F. IRCACF(P
NTEREST ATE HANGE ON LL OUNTY INANCING ETITION
P,UAP,UIF,.)
AVING TILITY SSESSMENT ROJECTS TILITY MPACT EES ETC
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved the fixed interest rate of
8.25%, and approved that this rate remain in effect
for calendar year 2007 for all County financing with
the exception of projects directly affiliated with a
bond issue for which the bond covenants dictate a
different interest rate, as recommended in the
memorandum of December 11, 2006.
7.G. EPSTS
XTENSION OF ROFESSIONAL ERVICES ECHNICAL UPPORT
WON6.
ORK RDER UMBER
December 19, 2006 8
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved Work Order Number 6 (not
to exceed $70,800.00) to the Professional Services
Consulting Agreement with Geographic
Technologies Group, and authorized the County
Administrator to execute the same, as
recommended in the memorandum of December 11,
2006.
COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.H. WBPRSP
ABASSO EACH ARK ESTORATION ITE LAN
P-ARRAS;
REPPLICATION EVIEW EQUIRED RCHAEOLOGICAL URVEY
TP&AP
HOMAS ENDERS SSOCIATES ROPOSAL
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved the proposal for the Area
Archaeological Survey from Thomas Penders and
Associates in the amount not to exceed $4,000.00,
as recommended in the memorandum of December
11, 2006.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
December 19, 2006 9
7.I. R--WA,NC66
TH
IGHTOFAY CQUISITION ORTHWEST ORNER OF
A4S(SSR60),SL.A
TH
VENUE AND TREET OUTH OF AMUEL DAMS AND
GM.A
AYLA DAMS
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved Alternative 1, the
$100,500.00 purchase and authorized the Chairman
to execute the Agreement, as recommended in the
memorandum of December 8, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.J. TPCAA
HIRD ARTY LAIMS DMINISTRATION DDENDUM
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved the Addendum to third party
claims administration agreement with Johns Eastern
Company, Inc. (JEC) and authorized the Chairman
to execute same, as recommended in the
memorandum of December 11, 2006.
ADDENDUM IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
December 19, 2006 10
7.K. ACON.2NE
CCEPTANCE HANGE RDER O FOR THE EW MERGENCY
OC
PERATIONS ENTER
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved Change Order No. 2 and
authorized the Chairman to execute same which
will result in a decrease to the GMP by $317,872
and an increase to the Owner’s Contingency by the
amount of $19,172.00, as recommended in the
memorandum of December 12, 2006.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.L. MTA’RFPA
ICHAEL AND AFFI BTS EQUEST FOR INAL LAT PROVAL
SKSFS
FOR A UBDIVISION TO BE NOWN AS OUTH ORTY UBDIVISION
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved the final plat for the South
Forty Subdivision, as recommended in the
memorandum of December 12, 2006.
7.M. RAFD
ESOLUTION UTHORIZING THE LORIDA EPARTMENT OF
TMMA
RANSPORTATION AINTENANCE EMORANDUM OF GREEMENT
December 19, 2006 11
(MOA)US1ORSRC
FOR FROM SLO OAD TO OUTH ELIEF ANAL FOR
LM
ANDSCAPE AINTENANCE
Vice Chair Bowden stated that since the obligation of the County is to maintain the
plants that will be planted, she wanted information on how the County could monitor the
type of plants to be planted.
Public Works Director Jim Davis responded that he had the list of plants and that he
had scrutinized the list to make sure they plants are good for this area, and he offered to
share that list with Vice Chair Bowden.
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved Resolution 2006-191
authorizing the Execution of District Four
Landscape Maintenance Memorandum of
Agreement with respect to US #1 (State Road No.
5)
MOA IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.N. AIAS
PPROVAL OF AN NTERLOCAL GREEMENT WITH EBASTIAN
IDMRCPC
NLET ISTRICT FOR THE AIN ELIEF ANAL OLLUTION ONTROL
S
YSTEM
December 19, 2006 12
Vice Chair Bowden wanted more information about this item since it was a large
amount of money involved and it happened before she became Commissioner.
Public Works Director Jim Davis defined this agreement as mitigation to dredging
the Sebastian Inlet, which is a way to cleanup the water prior to discharge into the Lagoon,
and a benefit to the overall quality of the Lagoon.
Marti Smithson,
Sebastian Inlet Taxing District, provided an update explaining
that they are pursuing permits to allow the dredging, and hoped to dredge in March over a
30-day period.
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved the Interlocal Agreement for
the County’s Main Relief Canal Pollution Control
Structure Cost-Sharing with funding as specified
and as recommended in the memorandum of
December 11, 2006.
INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.O. RISRA1ACR510DEP
OADWAY MPROVEMENTS TO AND
TCE
EMPORARY ONSTRUCTION ASEMENT
December 19, 2006 13
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved and authorized the
Chairman to execute the temporary construction
Easement with the Department of Environmental
Protection (DEP) to construct the two turn lane
improvements, as recommended in the
memorandum of December 11, 2006.
COPY OF EASEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.P. ACON.19NC
CCEPTANCE OF HANGE RDER O FOR THE EW OUNTY
AB
DMINISTRATION UILDINGS
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved the acceptance of Change
Order No. 19 resulting in a credit of $175,254 to be
released to the Owner Contingency with Turner
Construction, as recommended in the memorandum
of December 13, 2006.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.Q. CA,MB
OURT DMINISTRATION ISCELLANEOUS UDGET
A006
MENDMENT
December 19, 2006 14
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
Resolution 2006-192
unanimously approved
amending the Fiscal Year 2006-2007 Budget. The
Board also approved the Court Administrator’s
request for additional courtroom sound
enhancement and court recording systems, as
recommended in the memorandum of December 13,
2006.
7.R. PWVBLTD’RF
OINTE EST OF ERO EACH S EQUEST FOR INAL
PASKPW
LAT PPROVAL FOR A UBDIVISION TO BE NOWN AS OINTE EST
EVPI
AST ILLAGE HASE
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously granted final plat approval for Pointe
West East Village Phase I Subdivision, with
recordation of the Mylar only after the security has
been reviewed, approved, and validated by the
County Attorney’s office and the contract has been
executed by the County Administrator, as
recommended in the memorandum of December 13,
2006.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES – NONE
December 19, 2006 15
9. PUBLIC ITEMS
9.A. PUBLICHEARINGS-NONE
9.B. PUBLICDISCUSSIONITEM
9.B.1. RSBCH
EQUEST TO PEAK FROM ERMUDA LUB OMEOWNERS
ARDN-CC
SSOCIATION EGARDING EVELOPER ONOMPLIANCE WITH OUNTY
R
EQUIREMENTS
Upon the request of Administrator Joseph Baird, this item was deferred to a later
date because the speaker was not available.
9.B.2. RSJP,C
EQUEST TO PEAK FROM OSEPH ALADIN HAIRMAN
GAC,RMB
ROWTH WARENESS OMMITTEE EGARDING AINTENANCE ONDS
Joseph Paladin,
Chairman of the Growth Awareness Committee,took
responsibility for not considering multi-family subdivisions in the maintenance bond
process change to the Land Development Regulations, and recommending the level of
bonding service to be at A+11, because that rating is almost impossible dealing with a
small bonding amount ($50,000 - $200,000). He requested the Board advertise to change
the maintenance bond policy to include multi- family subdivisions and the site over plan
subdivisions. He also recommended they use the level of service rate of A+6 or A+7.
Discussion ensued among Community Development Director Bob Keating, Stan
Boling and the Commissioners regarding the maintenance performance bond process.
December 19, 2006 16
Administrator Baird said he wanted to make sure it was changed correctly this time
and told the Board he would look into insurance requirements and bring a report to a
January meeting.
(Clerk’s Note: Commissioner Davis invited the Beachland Sharks Carolers
lead by Ms. Susie Reiser into the Chamber to perform at the meeting.)
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to direct
staff to research how to implement maintenance
bonds for multi-family subdivision, as well as legal
application of the bonding issues and bring back
recommendations in January 2007.
(Clerk’s Note: Mr. Paladin wanted to discuss the need for an additional attorney in
the absence of Attorney William G. Collins, II and Chairman Wheeler asked that this
discussion be placed on the agenda at a later meeting.)
The Chairman called for a recess at 10:21 a.m. and he reconvened the meeting at
10:33 a.m. with all members present.
9.C. PUBLICNOTICEITEMS-NONE
10. COUNTY ADMINISTRATOR’S MATTERS - NONE
December 19, 2006 17
11. DEPARTMENTAL MATTERS
11.A.COMMUNITYDEVELOPMENT
11.A.1.RMC’LE
EQUEST TO ODIFY THE OUNTYS OCAL CONOMIC
DI
EVELOPMENT NCENTIVES
Community Development Director Bob Keating said staff did not support one of
the Economic Development Council’s (EDC) recommendations regarding impact fee
financing, and that item has been tabled at the request of the Chairman of the EDC.
Director Keating reviewed the other recommended incentives, as written in the
memorandum of December 11, 2006, and recommended the Board’s approval.
Commissioner Davis expressed concern about the cost of commercial insurance
and rising taxes as being major problems that will hurt development.
Discussion continued and Commissioner Bowden was given an update on waiving
County utility deposits and a clarification to the language and terms used (page 148 of the
backup). Administrator Baird commented that the Board needed to be careful should the
EDC put a cap on their spending; it could mean an additional expense to him.
Based on his past experiences Chairman Wheeler expressed having a problem with
incentives. His concern was for small businesses, because it appeared they keep
subsidizing the larger businesses and not the small businesses. He thought taxes were
another reason that was deterring businesses to come to Indian River County. He would be
more willing to offer incentives to keep businesses here rather than offer incentives to
move them here.
December 19, 2006 18
Helene Castletine
, Director of EDC addressed some concerns. She mentioned two
companies that have joined our community, Aero Shade and Extreme Systems. She said
they are creating a favorable environment for those smaller companies to grow within our
local market place and employ local residents to fill those new jobs that are being created
as a result. She explained that what the County has in terms of incentives, which the State
of Florida and other States are offering, does not compare and it is a major concern. She
informed the Board that she was working closely with Enterprise Florida and Piper Aircraft
Corporation and she invited Chairman Wheeler to a meeting scheduled the end of January
with Piper Aircraft Corporation.
A discussion ensued regarding Piper Aircraft Corporation, and Commissioner
Davis wanted to know how we compared to incentives offered in other Counties. He
wanted to move forward and approve this item, but he also wanted a Resolution stating that
Indian River County wanted Piper to stay and build here.
Discussion ensued by Commissioner Bowden regarding jets and noise issues at our
airport, and she wanted to know the ramifications.
MOTION WAS MADE BY Commissioner
O’Bryan, SECONDED by Commissioner Davis for
discussion, to approve the changes to the EDC
incentives with the tabling of the impact fee finance
program.
Commissioner O’Bryan was asked to provide a report to the Board on how the
incentives are working, particularly emphasis on those businesses that are here, and to look
at other communities’ Enterprise Zones as to how they are stacking up.
December 19, 2006 19
Bob Johnson,
Coral Wind Subdivision, thought this initiative may be premature
because they have not found out the impact on the Enterprise Zone that was to provide
small businesses to the area, and there may not be enough statistics. He also wanted to
know how his taxes would be affected.
Helen Castletine
addressed a couple concerns stating that these incentives are
Countywide with special emphasis for projects locating in the Enterprise Zone. It has only
been in place for a year and they have 19 application requests for sales tax refunds, so it is
extremely active in its first year of existence, and of those ten applications came from Piper
Aircraft.
Joseph Paladin
supported the Motion.
Commissioner Davis asked to have Governor Elect Charlie Crist give Piper
Aircraft Corporation a call saying that he certainly would like Piper to stay in Florida; he
would do what he can and have the Commissioners pick it up from there.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
direction to staff to revise the local jobs grant
program; revise the program for waiving County
utility deposits; approved tabling the impact fee
financing program; asked Commissioner O’Bryan
to provide a report on how these revisions are
working, if they need to be adjusted up or down, and
how Indian River County Enterprise Zone
compares to other Enterprise Zones. (There was no
December 19, 2006 20
action of the EDC’s recommendation to subordinate
a County impact lien to the second lien holder
position.)
11.B. EMERGENCYSERVICES
11.B.1. RTSPD
EQUEST FROM HE EBASTIAN OLICE EPARTMENT FOR A
PSAP(PSAP)
UBLIC AFETY NSWERING OINT
John King, Director of Emergency Services, stated that earlier this year the Board
denied this request, and he wanted to reintroduce this item again for consideration.
Chief Jim Davis
, City of Sebastian Police, gave a brief history of events that lead
to the establishment of the Sebastian Dispatch Center. He addressed three issues to be
considered in his request: Will this decentralization benefit the 911 System Countywide;
does this request promote a Countywide cost savings; and are there reasonable alternatives.
The presentation was followed by a discussion among the Commissioners
regarding the action taken earlier in the year by the Board. Chairman Wheeler pointed out
that staff was directed to consolidate the County 911 System, and he stressed this
recommendation was voted on and “nothing was done”. Mr. Baird replied that and he felt
it would come back to the Board, and he took complete responsibility for the lack of action.
Commissioner Davis was not going to support a system that places anyone on hold,
and Vice Chair Bowden felt consolidation was the way of the future, and she opposed this
request, and she did not change her vote from a year ago.
December 19, 2006 21
Commissioner Flescher felt it would be best if the dispatchers are familiar with the
area and he supported this item.
Chairman Wheeler strongly supported this request and commented that it would
take a “load off” the Sheriff’s office. He felt Sebastian should have the right to police and
patrol their own people and that it was not up to the County to dictate how the City of
Sebastian should run their community. If the Board wanted to look at workshops to
consolidate they could, but in the mean time, he wanted the 22,000 in Sebastian to get the
service they should have from their own police department.
Discussion continued regarding calls lost or placed on hold. The Board accepted
input from Deputy Chief David Currey regarding the handling of calls “on hole” by the
dispatchers.
Joe Paladin
wanted Commissioner Davis and Vice Chair Bowden to lean towards
looking at the “gray” area, and advised the Board to do the same.
ON MOTION by Commissioner O’Bryan,
SECONDED by Commissioner Flescher, by a 3-2
vote (Commissioner Davis and Vice Chair Bowden
opposed) the Board approved Option 3, to direct
staff to implement a PSAP for the Sebastian Police
Department.
The Chairman called for a recess at 12:00 p.m. and he reconvened the meeting at
12:19 p.m. with all members present.
11.C.GENERALSERVICES
December 19, 2006 22
11.C.1. IRCJEP-CO#6
AIL XPANSION ROJECT HANGE RDER
General Services Director Thomas Frame explained that the architectural design of
the roof has caused an air and outside access problem that needed to be fixed in the
recreation area of the quadrants at the Jail Expansion Project. To solve that problem he
said it would cost about $75,000 for each quadrant. He advised that funding is available in
the GMP to make this correction, and the Change Order will not delay meeting the
completion deadline of April 2007. He announced others present at the meeting were Jail
Administrator Captain Bill McMullen, a representative from the architect’s office and from
Peter R. Brown Construction, and County Facilities Manager/Project Manager Lynn
Williams who could answer questions. Additionally, he wanted approval to add language
to the Change Order, for clarification, that the cost of the change is paid for out of the
owner’s contingency and to have the County Attorney review it.
Chairman Wheeler pointed out that Sheriff Roy Raymond’s letter (copy on file)
appeared misleading where it reads that the design changes were made “without input”
from the Sheriff’s operation staff. He made it clear that it was discussed, it was in the
minutes, and he wanted it noted for the record that this was a mutual error on the part of the
Sheriff’s and County’s staff, and the Board.
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved A1A Change Order #6 in the
amount of $298,692.38, authorizing the necessary
transfers within the GMP; including additional
language for clarification be added that this cost is
paid for out of the owners contingency; and
authorizing the Chairman to execute same, as
December 19, 2006 23
recommended in the memorandum of December 12,
2006.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
11.C.2. ACON.20NC
CCEPTANCE OF HANGE RDER O FOR THE EW OUNTY
AB
DMINISTRATION UILDINGS
Project Manager Steve Blum for the New County Administration Buildings
reviewed his memorandum (on file) recommending the Board’s acceptance of Change
Order No. 020 regarding five items: requirement for a two-hour firewall in the Muster
Room and the Café, to provide airflow through the Atrium ceilings in building 1 and
building 2, to provide hot water for restrooms in each building, a revision to duct work in
the Commission Chambers, and to provide condensate drains for air handling units and fan
coil units.
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved Change Order No. 020 to
the Agreement with Turner Construction, as
recommended in the memorandum of December 13,
2006.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
11.C.3. 43ASC-CO#7(C
RD
VENUE UB OMPLEX HANGE RDER HILBERG
C)RRR
ONSTRUCTION AND EQUEST FOR ELEASE OF ETAINAGE
December 19, 2006 24
General Manager Thomas Frame presented this item to the Board reviewing his
memorandum of December 11, 2006.
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Davis, the Board
unanimously approved Change Order #7 with
$12,076.31; authorized the Chairman to execute
same; and approved the release of retainage, as
recommended in the memorandum of December 11,
2006.
Under discussion, the Commissioner’s expressed appreciation to former
Board of County Commissioner Carolyn Ginn, who spearheaded the project, and the
efforts put forth by former Commissioners.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
11.C.4. NFAIRC
EW UNDING GREEMENT WITH NDIAN IVER OMMUNITY
CJULD
OLLEGE FOR OINT SE IBRARY EVELOPMENT
General Services Director Thomas Frame briefly reviewed the events back to
January 2005 regarding the Joint Funding Agreement with Indian River Community
College for the Joint Use Library Development. College Lane was allocated $1.7 million
dollars and $6.9 million dollars was allocated to be expended on the Library he
explained. Because of the increase in building costs, the amount of money allocated
towards the library was causing the Library to be built about 5,000 square feet smaller than
anticipated. He explained the aspect of that funding as defined in his memorandum of
December 19, 2006 25
December 13, 2006. Therefore, the College was requesting the County to fund a portion of
th
the College Lane extension and bridge connections with 66 Avenue.
Chairman Wheeler had a problem with taking $600,000.00 of gas tax and impact
fee monies and moving that into the Library fund. He understood they were saving money
on the road and the bridge project, but he had a problem with moving money intended for
transportation, and he had trouble supporting this request.
Administrator Baird explained that in order for the County to build the bridge and
th
have the road go through to 16 Street they would have to do it on their own (with gas tax
dollars). He made the decision to “take advantage of an opportunity” to have half of the
cost for the bridge paid for through the Library’s grant and then leverage the funds. He
advised that there were three (3) advantages to his making that decision: a better
intersection, a savings in gas tax funds, and being able to leverage funding they can take the
additional money and have it doubled with matching State funds.
th
Commissioner Davis remarked that there are a number of bridges on 66 Avenue
that need replacement and he liked the idea of replacing one bridge ahead of development.
Discussion ensued and staff clarified their method of leveraging funds for the
Library project.
ON MOTION by Vice Chair Bowden,
SECONDED by Commissioner Flescher, by a 4-1
vote (Chairman Wheeler opposed) the Board
approved the First Amendment to the Funding
December 19, 2006 26
Agreement along with the Addendum to the
Interlocal Agreement providing for an additional
$1.2 million from gas taxes, traffic impact fees and
library impact fees to be deposited with the Indian
River Community College Foundation so that funds
may qualify for matching dollars for the capital
improvements to allow the realignment of College
thth
Lane with 16 Street at its intersection at 66
Avenue, to provide for a larger initial collection and
to allow the library building design to remain at its
original 30, 000 square feet; and authorize the
Chairman to execute the documents after the final
form of the documents have final approval by the
County Attorney, appropriate staff and the Clerk of
Circuit Court, as recommended in the memorandum
of December 13, 2006.
DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
11.D.HUMANRESOURCES–NONE
11.E.HUMANSERVICES–NONE
11.F.LEISURESERVICES–NONE
11.G.OFFICEOFMANAGEMENTANDBUDGET–NONE
11.H.RECREATION–NONE
December 19, 2006 27
11.I.PUBLICWORKS
11.I.1. PA,886692A–CR510
ND
ROPERTY CQUISITION VENUE
WI,CPN.0610,S
IDENING AND MPROVEMENTS OUNTY ROJECT O LABVSEF
IG,LLC.,O
NVESTMENT ROUP WNER
Public Works Director Jim Davis explained that as part of the CR 510
th
project they are realigning the Vero Lake Estates main entrance road to 89 Street and this
th
lot is needed to do the improvements on 89 Street. East of CR 510 there will be a new
th
road named 89 Street that would connected with the Bluewater Bay project and several
other residential projects at the Northeast quadrant. Staff negotiated the purchase of this lot
to make that improvement.
ON MOTION by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board
unanimously approved Option 1, the $80,000
purchase and authorized the Chairman to execute
the Agreement to Purchase and Sell Real Estate, as
recommended in the memorandum of December 11,
2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
11.J. UTILITIESSERVICES
11.J.1.27DPWS(N4
THTH
RIVE ETITION ATER ERVICE ORTH OF
S),IRCPN.UCP-2906
TREET NDIAN IVER OUNTY ROJECT O
December 19, 2006 28
ON MOTION by Commissioner Davis,
SECONDED by Commissioner O’Bryan, the Board
unanimously approved the title project, and
authorized the Utilities Service Department to
proceed with the engineering design work and
negotiate a contract for survey services, with one of
the approved survey consultants, in preparation for
the special assessment project, as recommended in
the memorandum of December 8, 2006.
12. COUNTY ATTORNEY - NONE
13. COMMISSIONERS’ ITEMS - NONE
13.A. COMMISSIONERGARYC.WHEELER,CHAIRMAN–
NONE
13.B. COMMISSIONERSANDRAL.BOWDEN,VICE
CHAIRMAN–NONE
13.C. COMMISSIONERWESLEYS.DAVIS–NONE
13.D. COMMISSIONERJOSEPHE.FLESCHER-NONE
13.E. COMMISSIONERPETERD.O’BRYAN
December 19, 2006 29
13.E.1.RRFRU.S.
ESOLUTION TO EQUEST UNDING BE ESTORED TO THE
FWSB
ISH AND ILDLIFE ERVICES UDGET
(Clerk’s Note: This item was moved and heard with Item 5.B. See Item 5.B. for
discussion and motion.)
14. SPECIAL DISTRICTS AND BOARDS
14.A.EMERGENCYSERVICESDISTRICT
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 ESS3DCO
MERGENCY ERVICES TATION EDUCTIVE HANGE RDER
N.3
O
14.A.2. UEIRCFR
TILITY ASEMENT FOR NDIAN IVER OUNTY IRE ESCUE
SN.4
TATION O
14.A.3. AFPR
UTHORIZATION FOR INAL AYMENT AND ELEASE OF
RBC,I.
ETAINAGE TO ARTH ONSTRUCTION NC FOR THE
R/RESS#10
ENOVATIONEPAIR OF MERGENCY ERVICES TATION
December 19, 2006 30
14.B.SOLIDWASTEDISPOSALDISTRICT
The Chairman announced that immediately upon adjournment of the Board of
Commissioners of the Emergency Services District, 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. ALABMWI
MENDMENT OF EASE GREEMENT ETWEEN
CIRCSWD
ORPORATION AND NDIAN IVER OUNTY OLID ASTE ISPOSAL
D
ISTRICT
14.C.ENVIRONMENTALCONTROLBOARD–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 12:42 p.m.
ATTEST:
December 19, 2006 31
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved: _________________
BCC/2006Minutes
December 19, 2006 32