HomeMy WebLinkAbout12/04/2007INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
DECEMBER 4, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS - NONE 1
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION ON WINTER FEST, JOINT PROGRAM BY INDIAN RIVER COUNTY
RECREATION DEPARTMENT AND POINTE WEST, BY CHUCK MECHLING 2
6. APPROVAL OF MINUTES 2
6.A. REGULAR MEETING OF NOVEMBER 6, 2007 2
6.B. REGULAR MEETING OF NOVEMBER 13, 2007 3
7. CONSENT AGENDA 3
7.A. APPROVAL OF WARRANTS -NOVEMBER 9 TO NOVEMBER 15, 2007 3
7.B. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC) COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY COMMITTEE (CEDSC) APPOINTMENT
(COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN) 3
December 4, 2007 1
7.C. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC) COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY COMMITTEE (CEDSC) APPOINTMENT
(COMMISSIONER PETER D. O'BRYAN) 4
7.D. RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE CITY OF
SEBASTIAN FOR PUBLIC PURPOSES 4
7.E. WORK ORDER No. 12 (ENGINEERING) FULL AND FINAL PAY, MASTELLER,
MOLER, REED & TAYLOR, INC., INDIAN RIVER COUNTY PROJECT NO. 0425,
.30THAVENUECORRIDOR BETWEEN 69TH STREET & 71sT STREET 5
7.F. WORK ORDER No. 3 WITH BRIDGE DESIGN ASSOCIATES, INC. — RELEASE OF
RETAINAGE IRC PROJECT NO. 0611 -B -56TH PLACE BRIDGE DESIGN 5
7.G. WORK ORDER No. 3 WITHHYDROMENTIA, INC. FOR ADDITIONAL
ENGINEERING SERVICES RELATED TO EGRET MARSHREGIONAL STORMWATER
PARK 6
7.H. AGREEMENT WITHIRC/POINTE WEST/PYROTECNICO FOR FIREWORK.' 6
7i WORK ORDER No. 1 (ENGINEERING/SURVEYING), MORGAN & EKL UND, INC.,
ROCK RIDGE SUBDIVISION— IRC PROJECT NO. 0737,
TOPOGRAPHIC/DRAINAGESURVEY (NORTHERN SECTION) 7
7.J. WORK ORDER No. 2 (ENGINEERING/SURVEYING), MASTELLER, MOLER, REED
AND TAYLOR, INC., CR 512 PHASE 4, DESIGN/TOPOGRAPHICSURVEY,
ADDITIONAL SERVICES — TREE LOCATIONS) 7
7.K. WORK ORDER No. 1 (ENGINEERING/SURVEYING), MASTELLER, MOLER, REED
AND TAYLOR, INC., CR 512 PHASE 3, (BUFFER PRESERVE),
WETLAND -MITIGATION ASBUILT (RECORD) SURVEY 8
7.L. WORK ORDER No. 1 (ENGINEERING/SURVEYING), CARTER ASSOCIATES, INC.,
LENNIE'S LOUNGE BOUNDARY SURVEY 8
7.M. CR 512, PHASE III, CR 510 — PROJECT #9611 & 0001, BID NUMBER 2006065,
CHANGE ORDER No. 10 9
7.N. TELEPHONE LINE RELOCATION AT WEST REGIONAL WASTEWATER
TREATMENT FACILITY 9
7.0. GIFFORD PARK SECURITY HOUSE, FOURTH AND FINAL PAYMENT AND
RELEASE OF RETAINAGE FOR PROJECT 0503 BID No. 2007033, PASSAGE
ISLAND HOMES, INC 10
December 4, 2007 2
7.P. RIGHT-OF-WAYACQUISITION, TARMAC AMERICA L.L.C. 2800 INDUSTRIAL
BLVD. VERO BEACH 10
7.Q. HOLIDAY SCHEDULE FOR INDIAN RIVER COUNTY LIBRARY SYSTEM 11
7.R. MISCELLANEOUS BUDGET AMENDMENT 002 11
7.S. ACCEPTANCE OF CHANGE ORDER NO. 16, NEW COUNTY EMERGENCY
OPERATIONS CENTER 12
7. T. PROVIDING GEOTECHNICAL SERVICES FOR 70THAVENUEROADWAY
IMPROVEMENTS, IRC PROJECT #0217 12
7. U. OSLO ROAD WIDENING BETWEEN 43RD AVENUE AND 27TH AVENUE,
ENGINEERING SERVICES AMENDMENT NO. 2 —ALTERNATE POND ANALYSIS
AND COORDINATION FOR NECESSARY LEGAL DESCRIPTIONS AND SKETCHES
FOR RIGHT-OF-WAY ACQUISITION ASSOCIATED WITH THE 27THAVENUE
CORRIDOR BETWEEN OSLO ROAD AND 7TH STREET SW 12
7.V. WORK ORDER NO. 2 (ENGINEERING/SURVEYING), MORGAN & EKL UND, INC.,
WABASSO BEACH PARK ADDITIONAL TOPOGRAPHIC SURVEY, PARK AND
UTILITY DESIGNS —PERMITTING APPLICATIONS IRC # 0612 13
7.W. WORK ORDER NO. 3 (ENGINEERING/SURVEYING), KIMLEY-HORNAND
ASSOCIATES, INC., KROEGEL HOMESTEAD SUBDIVISION/COUNTY
PRESERVATION LAND BOUNDARY/SPECIFIC PURPOSE SURVEY AND RIPARIAN
RIGHTS STUDY 14
7.X. APPROVAL OFBID AWARD FOR IRC BID # 2008018 IRC ICS/NIMS/E-TEAM
INTEGRATION & TRAINING, DEPARTMENT OF EMERGENCY SERVICES 14
7. Y. FINAL PAYMENT AND RELEASE OF RETAINAGE APPLIED TECHNOLOGYAND
MANAGEMENT, INC. WORK ORDER #10 15
7.Z. FINAL PAYMENT AND RELEASE OF RETAINAGE APPLIED TECHNOLOGYAND
MANAGEMENT INC. CONTRACT AMENDMENT #13 15
7.AA. 79TH STREET (106THAVENUE TO 101sT AVENUE, 8 7TH STREET (106TH AVENUE
TO 102ND AVENUE, PROJECT # 0535 & 0536, BID NUMBER 2007070, CHANGE
ORDER NO. 2, (12" WATER MAIN INSTALLATION) 15
7.BB. PURCHASE OF CAL VIT ISLAND FOR PROPERTY EXCHANGE WITH THE STATE OF
FLORIDA FOR A STORM WATER POND FOR COUNTY ROAD 512 WIDENING AND
IMPROVEMENTS 16
December 4, 2007 3
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 16
9. PUBLIC ITEMS 16
9.A. PUBLIC HEARINGS 17
9.A.1. OSLO COMMERCE CENTER, L.P. 'S REQUEST TO REZONE ± 12.692 ACRES FROM
CH TO CG (QUASI-JUDICIAL) 17
9.A.2. FOURDEV'S REQUEST TO REZONE ± 6.78 ACRES FROM IL TO CG
(QUASI-JUDICIAL) 19
9.A.3. REQUEST BYBILLY L. HITCHCOX FOR A VARIANCE FROM THE REQUIREMENTS
OF THE SUBDIVISION ORDINANCE (CHAPTER 913) FOR A MOBILE HOME
DEVELOPMENT AT 48TH AVENUE AND 43RD STREET (QUASI-JUDICIAL) 20
9.B. PUBLIC DISCUSSION ITEMS 23
9.B.1. REQUEST TO SPEAK FROM PROGRESSIVE CIVIC LEAGUE OF GIFFORD, FL. INC.
REGARDING RENAMING THE SOFTBALL FIELD AT GIFFORD NEIGHBORHOOD
PARK AFTER MR. J. RALPHLUNDY 23
9.B.2. REQUEST TO SPEAK FROM CHARLES WILSON REGARDING OPENNESS IN
GOVERNMENT, PUBLIC REPORTING OF EX PARTE CONVERSATIONS 24
9.C. PUBLIC NOTICE ITEMS 26
9. C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR DECEMBER 11, 2007: AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 104.06, CODE OF ETHICS AND
CONDUCT, OF THE INDIAN RIVER COUNTY CODE; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE (LEGISLATIVE) 26
9. C.2. NOTICE OF SCHEDULED PUBLIC HEARING FOR DECEMBER 18, 2007: BOARD
CONSIDERATION TO FORMALLY DESIGNATE A 1.3 MILE SEGMENT OF OLD
DIXIE HIGHWAY SOUTH OF CR 512 AS A HISTORIC ROAD (ADMINISTRATIVE) 26
10. COUNTY ADMINISTRATOR'S MATTERS 26
December 4, 2007 4
10.A. MEETINGS OF THE BOARD OF COUNTY COMMISSION, PROPOSED - 2008
MEETING DATES 27
10.B. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC), MUNICIPAL
APPOINTMENTS 27
10. C. AUTHORIZATION TO NEGOTIATE 29
11. DEPARTMENTAL MATTERS 30
11.A. COMMUNITY DEVELOPMENT 31
11.A. 1. CONSIDERATION OF ROADWAY CONNECTIVITY REQUIREMENTS 31
11.B. EMERGENCY SERVICE 31
11.B. 1. APPROVAL OF FREQUENCY RECONFIGURATION AGREEMENT BETWEEN
INDIAN RIVER COUNTY AND NEXTEL SOUTH CORPORATION 31
11. C. GENERAL SERVICES NONE 32
11.D. HUMAN RESOURCES - NONE 32
11.E. HUMAN SERVICES - NONE 32
11.F. LEISURE SERVICES - NONE 32
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 32
11.H. RECREATION - NONE 32
11.L PUBLIC WORK - NONE 32
11..1 UTILITIES SERVICES 33
11.J.1. GRAND HARBOR SPOONBILL MARSH SITE AGREEMENT FOR UTILITY
EASEMENT 33
11.J.2. CHANGE ORDER No. 1 TO SPS CONTRACTING, INC. FOR THE FORCE MAIN
REPLACEMENT ON CR -510 TO A1A FROM THE WABASSO BRIDGE UCP -2871 33
12. COUNTY ATTORNEY MATTERS 34
12.A. AGENDA 34
13. COMMISSIONER ITEMS 35
13.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN 35
13.A. 1. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT - WATER ISSUES 35
December 4, 2007 5
13.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 37
13.B.1. REQUEST FOR A RESOLUTION OF SUPPORT TO BE DRAFTED FOR
CONTINUATION OF THE INDIAN RIVER LAGOONBL UE WAY PROJECT 37
13.B.2. REQUEST FOR COUNTY ADMINISTRATOR TO DIRECT STAFF TO RESEARCH AND
PROVIDE A REPORT ON ROCK AND SANDMINING REGULATIONS INVOLVING
AGRICULTURAL LANDS IN OTHER COUNTIES 38
13. C. COMMISSIONER JOSEPH E. FLESCHER - NONE 39
13.D. COMMISSIONER PETER D. O'BRYAN - NONE 39
13.E. COMMISSIONER GARY C. WHEELER - NONE 39
14. SPECIAL DISTRICTS AND BOARDS 39
14.A. EMERGENCY SERVICES DISTRICT - NONE 39
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE 39
14. C. ENVIRONMENTAL CONTROL BOARD - NONE 39
15. ADJOURNMENT 39
December 4, 2007 6
December 4, 2007
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, December 4, 2007. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley
S. Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Vice Chairman Wesley S. Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Sandra L. Bowden led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
December 4, 2007 1
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION ON WINTER FEST, JOINT PROGRAM BY INDIAN RIVER
COUNTY RECREATION DEPARTMENT AND POINTE WEST, BY CHUCK
MECHLING
Chuck Mechling, President of Pointe West, Inc., announced Pointe West's
upcoming "4th Annual Winter Fest" hosted by Indian River County Recreation Department and
Pointe West, to be held on December 15, 2007 from 2:00 p.m. to 6:00 p.m., in Pointe West, Vero
Beach. He outlined the various planned activities and invited everyone to attend the event
(invitations were handed out to the Board).
Vice Chairman Davis thanked Chuck Mechling and his people for the great job they
have done in the past and encouraged them to keep up the good work.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF NOVEMBER 6, 2007
The Chairman asked if there were any additions, deletions or corrections to the Minutes of
the Regular Meeting of November 6, 2007. There were none.
ON MOTION by Commissioner Flescher, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Minutes of the Regular Meeting of November 6, 2007, as
written and distributed.
December 4, 2007 2
6.B. REGULAR MEETING OF NOVEMBER 13, 2007
The Chairman asked if there were any additions, deletions or corrections to the Minutes of
the Regular Meeting of November 13, 2007. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of November 13, 2007,
as written and distributed.
7. CONSENT AGENDA
7.A. APPROVAL OF WARRANTS — NOVEMBER 9 TO NOVEMBER 15, 2007
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of November 9, 2007 to November 15,
2007, as recommended in the memorandum of November
15, 2007.
7.B. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC)
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE
December 4, 2007 3
(CEDSC) APPOINTMENT (COMMISSIONER WESLEY S. DAVIS, VICE
CHAIRMAN)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the appointment of Raymond Coniglio to the Treasure
Coast Regional Planning Council Comprehensive
Economic Development Strategy Committee, as
recommended in the memorandum of November 28, 2007.
7.C. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC)
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE
(CEDSC) APPOINTMENT (COMMISSIONER PETER D. O'BRYAN)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the appointment of Randy J. Riley to the Treasure Coast
Regional Planning Council Comprehensive Economic
Development Strategy Committee, as recommended in the
memorandum of November 14, 2007.
7.D. RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE
CITY OF SEBASTIAN FOR PUBLIC PURPOSES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
December 4, 2007 4
Resolution 2007-160, canceling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
7.E. WORK ORDER No. 12 (ENGINEERING) FULL AND FINAL PAY,
MASTELLER, MOLER, REED & TAYLOR, INC., INDIAN RIVER COUNTY
PROJECT NO. 0425, 39111 AVENUE CORRIDOR BETWEEN 69111 STREET &
71ST STREET
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment of Invoice Number 2345-5467 in the amount of
$5,700.00 for full and final payment of Work Order No. 12,
to be funded as specified and recommended in the
memorandum of November 19, 2007.
7.F. WORK ORDER No. 3 WITH BRIDGE DESIGN ASSOCIATES, INC. —
RELEASE OF RETAINAGE IRC PROJECT No. 0611 -B -S611 PLACE
BRIDGE DESIGN
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
release of retainage for Work Order No. 3 in the amount of
$4,186.40, to be funded as specified and recommended in
the memorandum of November 19, 2007.
December 4, 2007 5
7.G. WORK ORDER No. 3 WITHHYDROMENTIA, INC. FOR ADDITIONAL
ENGINEERING SERVICES RELATED TO EGRET MARSH REGIONAL
STORMWATER PARK
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Hydromentia's Work Order No. 3 and authorized the
Chairman to execute it on behalf of the County, to be
funded as specified and recommended in the memorandum
of November 26, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.H. AGREEMENT WITHIRC/POINTE WEST/PYROTECNICO FOR FIREWORKS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the contract as presented and authorized the County
Administrator or his designee to execute the contract along
with Pointe West as co-sponsor, as recommended in the
memorandum of November 20, 2007.
December 4, 2007 6
7.1. WORK ORDER No. I (ENGINEERING/SURVEYING), MORGAN &
EKLUND, INC., ROCK RIDGE SUBDIVISION — IRC PROJECT No. 0737,
TOPOGRAPHIC/DRAINAGE SURVEY (NORTHERN SECTION)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 1, in the total amount of $21,010.00,
authorizing the project as outlined in the Scope of Services,
and authorized the Chairman to execute same, as
recommended in the memorandum of November 21, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.J. WORK ORDER No. 2 (ENGINEERING/SURVEYING), MASTELLER,
MOLER, REED AND TAYLOR, INC., CR 512 PHASE 4,
DESIGN/TOPOGRAPHIC SURVEY, ADDITIONAL SERVICES — TREE
LOCATIONS)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 2, in the total amount of $3,900.00,
authorizing the project as outlined in the Scope of Services,
and authorized the Chairman to execute same, as
recommended in the memorandum of November 21, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 4, 2007 7
7.K. WORK ORDER No. 1 (ENGINEERING/SURVEYING), MASTELLER,
MOLER, REED AND TAYLOR, INC., CR 512 PHASE 3, (BUFFER
PRESERVE), WETLAND -MITIGATION AS -BUILT (RECORD) SURVEY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 1, in the total amount of $7,500.00,
authorizing the project as outlined in the Scope of Services,
and authorized the Chairman to execute same, as
recommended in the memorandum of November 21, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. WORK ORDER No. 1 (ENGINEERING/SURVEYING), CARTER
ASSOCIATES, INC., LENNIE'S LOUNGE BOUNDARY SURVEY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 1, in the total amount of $5,850.00,
authorizing the project as outlined in the Scope of Services,
and authorized the Chairman to execute same, as
recommended in the memorandum of November 21, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 4, 2007 8
7.M. CR 512, PHASE III, CR 510 - PROJECT #9611 & 0001, BID NUMBER
2006065, CHANGE ORDER No.10
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 10, increasing the contract amount by
$103,906.50, fora total contract amount of $14,157,078.05,
as recommended in the memorandum of November 20,
2007.
7.N. TELEPHONE LINE RELOCATION AT WEST REGIONAL WASTEWATER
TREATMENT FACILITY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) the relocation of the telephone lines; (2) authorized the
Chairman to execute the Construction Agreement as
presented; and (3) authorized the expenditure of $11,905.05
for AT&T line work, as recommended in the memorandum
of November 7, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 4, 2007 9
7.0. GIFFORD PARK SECURITY HOUSE, FOURTH AND FINAL PAYMENT AND
RELEASE OF RETAINAGE FOR PROJECT 0503 BID NO. 2007033,
PASSAGE ISLAND HOMES, INC.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) payment of Contractor's application for Payment No. 4
in the amount of $6,290.00; (2) payment of the requested
release of final retainage in the amount of $6,421.68; (3) to
extend the contracted time of completion by 16 -calendar
days; (4) the additional sod cost in the amount of $753.64;
and (5) funding as specified and as recommended in the
memorandum of November 28, 2007.
7.P. RIGHT-OF-WAY ACQUISITION, TARMAC AMERICA L.L.C. 2800
INDUSTRIAL BLVD. VERO BEACH
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative No. 1, the $22,474.45 purchase, and authorized
the Chairman to execute the Agreement, as recommended
in the memorandum of November 27, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 4, 2007 10
7.Q. HOLIDAY SCHEDULE FOR INDIAN RIVER COUNTY LIBRARY SYSTEM
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Holiday Schedule for the Indian River County Library
System (see below), as recommended in the memorandum
of November 28, 2007.
CHRISTMAS - (Tuesday, December 25, 2007)
Main Library, North County Library, Gifford Youth Activity Center Library and
Law Library:
Closed on Monday, December 24 and Tuesday, December 25, 2007
NEW YEAR'S DAY — (Tuesday, January 1, 2008)
Main Library, North County Library, Gifford Youth Activity Center Library and
Law Library:
Close on Monday at 5:00 p.m.
Closed on New Year's Day, January 1, 2008
7.R. MISCELLANEOUS BUDGET AMENDMENT 002
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-161, amending the fiscal year 2007-2008
Budget.
December 4, 2007 11
7.S. ACCEPTANCE OF CHANGE ORDER No. 16, NEW COUNTY EMERGENCY
OPERATIONS CENTER
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 16, and authorized the Chairman to
execute same, as recommended in the memorandum of
November 28, 2007.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.T. PROVIDING GEOTECHNICAL SERVICES FOR 70TH AVENUE ROADWAY
IMPROVEMENTS, IR C PROJECT #0217
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 1 in the total amount of $6,617.00,
authorizing the project as outlined in the Scope of Services,
and authorized the Chairman to execute same, as
recommended in the memorandum of November 20, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.U. OSLO ROAD WIDENING BETWEEN 43RD AVENUE AND 27TH AVENUE,
ENGINEERING SERVICES AMENDMENT NO. 2 - ALTERNATE POND
December 4, 2007 12
ANALYSIS AND COORDINATION FOR NECESSARY LEGAL DESCRIPTIONS
AND SKETCHES FOR RIGHT-OF-WAY ACQUISITION ASSOCIATED WITH
THE 27TH AVENUE CORRIDOR BETWEEN OSLO ROAD AND 7TH STREET
SW
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 2 in the amount not -to -exceed $30,000.00
with Kimley-Horn and Associates, Inc., with funding as
specified and as recommended in the memorandum of
November 26, 2007.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.V. WORK ORDER No. 2 (ENGINEERING/SURVEYING), MORGAN &
EKLUND, INC., WABASSO BEACH PARK ADDITIONAL TOPOGRAPHIC
SURVEY, PARK AND UTILITY DESIGNS — PERMITTING APPLICATIONS
IRC # 0612
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 2 in the total amount of $2,500.00,
authorizing the project as outlined in the Scope of Services,
and authorized the Chairman to execute same, as
recommended in the memorandum of November 27, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 4, 2007 13
7.W. WORK ORDER No. 3 (ENGINEERING/SURVEYING), KIMLEY-HORNAND
ASSOCIATES, INC., KROEGEL HOMESTEAD SUBDIVISION/ COUNTY
PRESERVATION LAND BOUNDARY/SPECIFIC PURPOSE SURVEY AND
RIPARIAN RIGHTS STUDY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 3 in the total amount of $26,830.00,
authorizing the project as outlined in the Scope of Services,
and authorized the Chairman to execute same, as
recommended in the memorandum of November 20, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.X. APPROVAL OF BID AWARD FOR IRC BID # 2008018 IRC
ICS/NIMS/E- TEAM INTEGRATION & TRAINING, DEPARTMENT OF
EMERGENCY SERVICES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the bid be awarded to NTB Group, LLC as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid, as
recommended in the memorandum of November 26, 2007.
December 4, 2007 14
7.Y. FINAL PAYMENT AND RELEASE OF RETAINAGE APPLIED TECHNOLOGY
AND MANAGEMENT, INC. WORK ORDER #10
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the application for final payment and release of retainage,
with funding as specified and as recommended in the
memorandum of November 27, 2007.
7.Z. FINAL PAYMENT AND RELEASE OF RETAINAGE APPLIED TECHNOLOGY
AND MANAGEMENT INC. CONTRACT AMENDMENT #13
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the application for final payment and release of retainage,
with funding as specified and as recommended in the
memorandum of November 27, 2007.
7.AA. 79TH STREET (1061H
AVENUE TO lar sT A VENUE), 87TH STREET (1061H
AVENUE TO 102ND AVENUE), PROJECT # 0535 & 0536, BID NUMBER
2007070, CHANGE ORDER NO. 2, (12" WATER MAIN INSTALLATION)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 2 increasing the contract amount by
$124,358.00, for a total contract amount of $1,345,902.65,
December 4, 2007 15
with funding as specified and as recommended in the
memorandum of November 26, 2007.
7.BB. PURCHASE OF CALVIT ISLAND FOR PROPERTY EXCHANGE WITH THE
STATE OF FLORIDA FOR A STORM WATER POND FOR COUNTY ROAD
512 WIDENING AND IMPROVEMENTS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously authorized
the Chairman to execute the Agreement to purchase Calvit
Island for $38,500.00; and to include the island as part of
the property exchange with the State for the right-of-way
parcels for the proposed 101st Avenue realignment and
County Road 512 widening and improvements; as
recommended in the memorandum of November 27, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
December 4, 2007 16
9.A. PUBLIC HEARINGS
9.A. 1. OSLO COMMERCE CENTER, L.P.'S REQUEST TO REZONE ± 12.692
ACRES FROM CH TO CG QUASI -.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating used a PowerPoint presentation
to reference subject property located north of Oslo Road and east of 43rdAvenue. He said the
request was for rezoning from Heavy Commercial District (CH) to General Commercial District
(CG) and that the purpose for the rezoning was to secure the zoning necessary to develop the site
with uses permitted under the CG zoning district. Director Keating announced that the property is
compatible with the surrounding uses, it is consistent with the Comprehensive Plan, it meets
concurrency tests, and that there would be no negative impacts on the environment.
Commissioner O'Bryan asked Director Keating if the 50 -foot conservation
easement buffer would be adequate for Kenwood Village Subdivision.
Director Keating acknowledged that staff felt that the 50 -foot wooded buffer would
provide adequate separation and that it would be compatible. He divulged that the applicant and
the Homeowner's Association of Kenwood Village had discussed this matter and entered into an
agreement that would require the applicant to put soft improvements close to the conservation
area.
The Chairman opened the public hearing.
Bob Johnson, Coral Winds Subdivision, informed the Board that no one from his
subdivision had objections regarding the rezoning but wanted the Board to know that the people
December 4, 2007 17
from his subdivision (which adjoins said property) were not notified of the action. He noted that
there was confusion as to when the public hearing would take place and suggested changing the
name of the title on the application because "Oslo Commercial Center" and "Oslo Commerce
Center", being situated next to each other and sounding similar, make it confusing. He also
suggested that when an applicant requests a zoning change that they be more specific as to "why
they want to change the zoning."
Director Robert Keating explained that Coral Winds Subdivision is more than
300 -feet from the edge of this property, which is why notification was not provided to the
residents. He said that regarding the name on the application, staffs policy has always been to use
the name of the applicant (owner of the property).
Commissioner Davis announced that he would not vote on this item because of a
conflict of interest. (Clerk's Note: Form 8B, Memorandum of Voting Conflict for County,
Municipal, and Other Local Public Officers, is on file in the office of the Clerk to the Board.)
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote
(Commissioner Davis recused himself) adopted Ordinance
2007-039, Amending the Zoning Ordinance and the
Accompanying Zoning Map for ± 12.692 Acres North of
9th Street, Southwest and Approximately 1,250 Feet East of
43rd Avenue, from CH, Heavy Commercial District, to CG,
General Commercial District; and Providing Codification,
Severability, and Effective Date.
December 4, 2007 18
9.A.2. FOURDEV'S REQUEST TO REZONE ±6.78 ACRES FROM IL TO CG
QUASI-.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Through a PowerPoint presentation, Community Development Director Robert
Keating expressed how the request was to rezone the property located at the southwest corner of
US 1 and 53rd Street from Light Industrial (IL) to General Commercial District (CG). He
explained that the purpose for the rezoning is to secure the necessary zoning in order to develop the
property with uses permitted in the CG zoning district. Director Keating announced that the
property is compatible with the surrounding uses, is consistent with the Comprehensive Plan, and
meets concurrency tests, and he also stated that there would be no negative impacts on the
environment.
Commissioner O'Bryan requested more details pertaining to the traffic study's (a.m.
and p.m.) peak hour trips on US 1, Indian River Boulevard, and Old Dixie Highway (pages 216 and
220-221 in the backup.)
Assistant Public Works Director Chris Mora said he would research the requested
information and get back to the Board at a later date.
Vice Chairman Davis wanted to know if the property to the north of the Shell Station
(now a mini storage), was allowable under CG zoning, and Director Keating related that it is a
special exception. Commissioner Davis wanted to ensure that this would fall under the Corridor
Plan.
December 4, 2007 19
The Chairman opened the public hearing. There were no speakers, and the
Chairman closed the public hearing.
There was a brief question and answer period between the Board and staff regarding
the increase in trips and capacity numbers.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Ordinance 2007-040, Amending the Zoning Ordinance
and the Accompanying Zoning Map for ± 6.78 Acres
South of 53rd Street and West of U.S. Highway #1 from IL,
Light Industrial District, to CG, General Commercial
District; and Providing Codification, Severability, and
Effective Date.
9.A.3. REQUEST BYBILLY L. HITCHCOX FOR A VARIANCE FROM THE
REQUIREMENTS OF THE SUBDIVISION ORDINANCE (CHAPTER 913)
FOR A MOBILE HOME DEVELOPMENT AT 48111 AVENUE AND 43RD
STREET (QUASI -.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Planning Director Stan Boling recapped his memo and through a
PowerPoint presentation provided background information. He told the Board that this request
was to waive all subdivision ordinance requirements, including infrastructure improvements and
platting. He said the applicant, Mr. Hitchcox, requested to have up to five mobile homes on a
one -acre lot without platting and without making formal site improvements. The Code
December 4, 2007 20
Enforcement Board (CEB) found Mr. Hitchcox in violation of County code and determined that
the applicant had two alternatives: (1) go through the platting process to allow five mobile homes
on the one -acre parcel, or (2) go back to two mobile homes on the parcel, each on its own
individual lot. He divulged that the subdivision variance criteria had not been met and therefore
staff recommended the Board deny the requested subdivision variance.
The Chairman opened the public hearing.
Billy Hitchcox, 4282 48th Avenue, said he had provided a letter to Administrator
Baird asking for information but has now been advised by his attorney to withdraw his item and
pursue legal action.
Chairman Bowden clarified that he wanted to "officially withdraw" his item from
the Agenda.
County Attorney Collins interjected, saying that Mr. Hitchcox could withdraw his
item at any time.
Billy Hitchcox informed the Board that he had requested certain individuals to be
present at today's meeting because of disputed facts, but they did not show. He asked the Board
for direction.
Attorney Collins suggested he consult with his attorney to discuss the direction he
should take, and informed him that the County does not have "subpoena power" to make people
come to County Commission meetings.
Mr. Hitchcox asked if he could reschedule this item to be heard at a later date.
December 4, 2007 21
Commissioner Wheeler wanted to know the current status of this item.
Director Boling clarified that there was an "Order of Finding Violation" from June,
and Mr. Hitchcox was given until January to come into compliance through the formal
development process (preliminary plat approval) or remove the older mobile homes and leave the
two newer ones.
Chairman Bowden asked Mr. Hitchcox to specify if he wanted to postpone or
withdraw this item. He requested it be postponed until the Board of County Commission meeting
of February 5, 2008, to allow him sufficient time to speak with his attorney.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Wheeler, to postpone this
item until the Board of County Commission meeting of
February 5, 2008.
Commissioner O'Bryan informed Mr. Hitchcox that even though this item was
being postponed, the Code Enforcement Board would still be required to follow their procedures.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. The Board approved to postpone this
Item until the Board of County Commission Meeting of
February 5, 2007.
Rhonda Anderson, 4275 48th Avenue posed questions to staff regarding zoning in
her neighborhood.
There were no additional speakers, and the Chairman closed the public hearing.
December 4, 2007 22
9.B. PUBLIC DISCUSSION ITEMS
9.B.1. REQUEST TO SPEAK FROM PROGRESSIVE CIVIC LEAGUE OF GIFFORD,
FL. INC. REGARDING RENAMING THE SOFTBALL FIELD AT GIFFORD
NEIGHBORHOOD PARK AFTER MR. J. RALPH L UND Y
Freddie Woolfork, 4590 57th Avenue, on behalf of the Progressive Civic League of
Gifford, FL, Inc. requested renaming the softball field at the Gifford Neighborhood Park after Mr.
J.Ralph Lundy. He felt that renaming the ball field would serve as a monumental statement to
those who did not know all the sacrifices Mr. Lundy had made, and the true servant that he was.
Vice Chairman Davis asked Attorney Collins if the County had a policy for
renaming facilities.
Attorney Collins was not aware of a policy but acknowledged that in the past a
facility was usually named after someone who was deceased.
Joe Idlette, III, 4570 57th Avenue, President of the Progressive Civic League, told
how Mr. Lundy has always given so much of himself and how he and the community believed it
would be the right thing to do.
Each Commissioner voiced his/her support.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Wheeler, the Board unanimously approved
renaming the softball field at the Gifford Neighborhood
December 4, 2007 23
Park after Mr. J. Ralph Lundy, as recommended in the letter
from the Progressive Civic League of Gifford, FL, Inc.
Vice Chairman Davis suggested presenting Mr. Lundy with a plaque listing the
reasons why the ball field was named after him.
J. Russell Lundy, Jr. 8676 Clearlake Lane, Ft. Pierce, thanked the Board for its
support and consideration. He told the Board that when his father was informed of this honor, he
became very emotional.
Commissioner Flescher suggested adding Mr. Lundy's quote, "A quitter never wins,
and a winner never quits" to the plaque.
9.B.2. REQUEST TO SPEAK FROM CHARLES WILSON REGARDING OPENNESS
IN GOVERNMENT, PUBLIC REPORTING OF Ex PARTE CONVERSATIONS
Charles Wilson, 1919 19th Avenue, provided the Board with a copy of the
Lobbyist's Registration form (copy on file) and gave an overview, saying that about twenty years
ago, a proposal was made to the County Commission to have people who came before the Board
declare their interests and register as a lobbyist. He thought that at that time, there might not have
been a need to register as lobbyists, but recently a great deal has changed. He felt it was the
County's responsibility to preserve confidence in government by maintaining accessibility and
transparency. To ensure transparency in all County decisions, he wanted a procedure to be put into
place that would protect public confidence, protect the office holders, and maximize the citizen's
ability to talk with an appointed elected official. He used Quasi -Judicial as an example, and
suggested that the Legal Department develop an ordinance or direction that would require two
December 4, 2007 24
procedures: (1) where people could register and declare whom they represent, and (2) to permit
ex -parte conversations.
Vice Chairman Davis supported Mr. Wilson's request.
Chairman Bowden disclosed that when she became a Commissioner she had
concerns because there was no set procedure; however, speakers are sworn -in now.
After reviewing the Lobbyist's Registration Form, Attorney Collins advised the
Board that the form would meet the requirements that the County had already adopted. He also
explained why the former Boards had not adopted the procedures that Mr. Wilson spoke about.
Attorney Collins acknowledged that Mr. Wilson's suggestions were something that the Board
could implement if they wanted to, to have a procedure for the registration of lobbyists and whom
they represent, or they could adopt procedures that would allow the Commissioners to speak
one-on-one. He clarified how a disclosure form could be set-up and filed; then acknowledged that
this is not a requirement of the State. Attorney Collins told the Board that they could continue to
conduct business as they had in the past, or they could make the changes as suggested.
The Board posed questions to Attorney Collins regarding Quasi Judicial items, and
Statute requirements.
There was a lengthy discussion between the Board and Mr. Wilson regarding St.
Lucie County's procedures for declarations, the confusion over "what is considered Quasi
Judicial," and "transparency issues."
Attorney Collins did not believe that State law required counties to have registration
policies for lobbyists, he thought they would have to register to lobby the State or its agencies.
December 4, 2007 25
Chairman Bowden acknowledged that this was the first time this subject had been
brought forward and suggested the Commissioners ponder the suggested policy of ex parte
communications, do their homework, and bring it back to the Board for discussion under their
Commissioner Items.
NO BOARD ACTION REQUIRED OR TAKEN
The Chairman called a recess at 10:42 a.m. and reconvened the meeting at 10:54
a.m. with all members present.
9.C. PUBLIC NOTICE ITEMS
9.C. 1. NOTICE OF SCHEDULED PUBLIC HEARING FOR DECEMBER 11, 2007:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 104.06, CODE
OF ETHICS AND CONDUCT, OF THE INDIAN RIVER COUNTY CODE;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE (LEGISLATIVE)
9.C.2. NOTICE OF SCHEDULED PUBLIC HEARING FOR DECEMBER 18, 2007:
BOARD CONSIDERATION TO FORMALLY DESIGNATE A 1.3 MILE
SEGMENT OF OLD DIXIE HIGHWAY SOUTH OF CR 512 AS A HISTORIC
ROAD (ADMINISTRATIVE)
The Chairman read the notices into the record.
10. COUNTY ADMINISTRATOR'S MATTERS
December 4, 2007 26
10.A. MEETINGS OF THE BOARD OF COUNTY COMMISSION, PROPOSED -
2008 MEETING DATES
County Administrator Joseph Baird provided a proposed schedule of Commission
meeting dates for 2008.
Commissioner Wheeler requested the meeting of August 26, 2007 (Election Day),
be removed from the meeting schedule. Administrator Baird and Commissioner O'Bryan
requested adding August 12, 2007 to the schedule.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
2008 meeting dates as recommended in the memorandum
of October 23, 2007, with the exception of REMOVING
August 26, 2007 and ADDING August 12, 2007.
There was a brief discussion between Mr. Wilson and the Board pertaining to
scheduled meetings and individuals not being permitted to speak with Commissioners before
scheduled meetings.
10.B. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC),
MUNICIPAL APPOINTMENTS
County Administrator Joseph Baird emphasized that the appointments would be on
a rotational basis, and that Sebastian had felt that they were not informed.
December 4, 2007 27
Andrea Coy, Mayor of Sebastian , felt that since Sebastian, being the largest
municipality in Indian River County, should retain its seat on the Treasure Coast Regional
Planning Council. She asked the Board to assure her that the position would be rotated in the
future.
Discussion ensued regarding the intent of large municipality representation in small
municipalities within the County. Vice Chairman Davis said the rationale was to not have two
large municipalities, such as Vero Beach and Sebastian, serve at the same time.
Andrea Coy suggested that Fellsmere be rotated with Vero Beach and Sebastian.
Susan Adams, 10 North Cypress Street, Fellsmere, commented that this should be
based on population and equal representation so everyone would get a chance to participate
equally.
The Board unanimously accepted the appointments to the Treasure Coast Regional
Planning Council Board for 2008 as listed:
COUNTY MEMBERS:
Commissioner Gary C. Wheeler — Member
Commissioner Wesley S. Davis — Alternate
Commissioner Peter D. O'Bryan — Member
Commissioner Joseph D. Flescher — Alternate
MINICIPAL MEMBERS:
Vero Beach Vice -Mayor Sabin Abell — Member
December 4, 2007 28
Indian River Shores Councilman William H. Ahrens — Alternate
Fellsmere Councilman, Susan Adams — Member
Sebastian Vice -Mayor, Sal Neglia — Alternate
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously confirmed
the appointments to the Treasure Coast Regional Planning
Council Board for 2008 (as listed above), and directed staff
to develop a policy to annually, in November, evaluate the
rotation of appointments, as recommended in the
memorandum of November 28, 2007.
IO. C. A UTHORIZATION TO NEGOTIATE
Administrator Baird reviewed his memorandum and the letter he received from
Senior Vice President Fernandez. He said that staff had felt it was in the County's best interest to
negotiate an option agreement for the future lease of Dodgertown with a major league baseball
team. He felt it best to start the negotiation process now (for 2009) to bring a team to Dodgertown
once the Dodgers leave. He requested the Board approve the Resolution authorizing him to start
the negotiation process and enter into an Option Agreement on behalf of the Board.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-162, confirming that the County
December 4, 2007 29
Administrator's Office is the County Economic
Development Agency and the County Administrator is the
County Economic Development Officer with respect to
Major League baseball; establishing County Policy with
respect to an Option Agreement for a Lease of
Dodgertown; directing the County Administrator in the
exercise of his administrative function to enter into an
Option Agreement with a Major League baseball team to
lease Dodgertown if and when the Dodgers cease their use
of the facility; providing guidelines and standards;
providing definition of terms; confirming the retention of
Special Legal Counsel with respect to matters relating to
Major League baseball; making findings of fact; providing
certain other matters in connection therewith; and
providing an effective date.
Guy Barber, Highlands Drive, asked Administrator Baird to stop asking taxpayers
to pay for the financial perks which were being offered to induce teams to relocate to Dodgertown.
He said that Vero Beach has beautiful weather, people, and a ball field, therefore he felt they
should not need a "million dollar deal."
Administrator Baird told Mr. Barber that he had been misinformed and explained
how the Dodger facility was purchased, how the County paid for it, and how the County could
exercise "liquidated damages" when they leave. He emphasized that a team was not being paid to
come here.
11. DEPARTMENTAL MATTERS
December 4, 2007 30
11.A. COMMUNITY DEVELOPMENT
11.A.1. CONSIDERATION OF ROADWAY CONNECTIVITY REQUIREMENTS
Director Boling recapped his memo and through a PowerPoint presentation
provided background information and details pertaining to roadway connectivity requirements
regarding transportation and roads, at a neighborhood level. He spoke about the connectivity
links, the benefits they would provide, and through aerials, he disclosed the particulars of the
affected properties.
Commissioner Wheeler agreed with staff's suggestions to the connectivity
requirements and felt that inter -connectivity is most important for the County as it urbanizes, and
is necessary for a good flow of traffic.
Chairman Bowden thought a long-term commitment needed to be made and that the
grid system needed to be worked out.
Commissioners Davis, O'Bryan, and Flescher were in favor of staffs
recommendations and felt that connectivity was of utmost importance.
Director Boling clarified that staff would draft regulations and move forward
through the process.
NO BOARD ACTION REQUIRED OR TAKEN
11.B. EMERGENCY SERVICE
11.B.1. APPROVAL OF FREQUENCY RECONFIGURATION AGREEMENT
BETWEEN INDIAN RIVER COUNTY AND NEXTEL SOUTH CORPORATION
December 4, 2007 31
Assistant Fire Chief Brian Burkeen provided a brief background regarding
interference issues between Indian River County's 800 MHz radio system and Nextel's cellular
service. He requested the Board approve the contract between the County and Nextel South
Corporation, where Nextel would provide for reallocation of frequencies to the County and pay all
expenses.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Agreement between Indian River County and Nextel
South Corporation, as recommended in the memorandum
of November 19, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
TLC. 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
11.1. PUBLIC WORKS - NONE
December 4, 2007 32
11.J. UTILITIES SERVICES
11. J.1. GRAND HARBOR SPOONBILL MARSH SITE AGREEMENT FOR UTILITY
EASEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Agreement for Utility Easement, and authorized the
Chairman to execute said Agreement, as recommended in
the memorandum of November 14, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.2. CHANGE ORDER No. 1 TO SPS CONTRACTING, INC. FOR THE FORCE
MAIN REPLACEMENT ON CR -510 TO AIA FROM THE WABASSO
BRIDGE UCP -2871
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 1 in the amount of $49,069.00 to SBS
Contracting, Inc. for additional work and material
associated with required field changes to the original plans,
and authorized the Chairman to execute same, as
recommended in the memorandum of November 14, 2007.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 4, 2007 33
12. COUNTY ATTORNEY MATTERS
12.A. AGENDA
County Attorney William Collins informed the Board that the Commission Agenda
is set up by Ordinance and referenced pages 362 and 363 in the backup. He said that due to a
previous situation, Chairman Bowden had suggested amending the Agenda to include
informational items such as appointments not requiring consent; and he requested direction from
the Board.
Chairman Bowden had asked Attorney Collins to review what other Counties do and
she solicited ideas from the Board regarding an updated Agenda format.
Commissioner Flescher wanted to ensure that it would not prohibit the delivery of
information or element of discussion. He felt that if it was purely for those items that did not
require a discussion or vote, then he would support it.
Commissioner Wheeler disagreed with Attorney Collins' assessment of the
Ordinance and thought it was clear that "removal" meant that they would serve at the pleasure of
the Commission. He felt that the Ordinance should be changed and brought back indicating same.
After a brief discussion, he agreed with Chairman Bowden's idea to include informational items in
the agenda format.
Vice Chairman Davis thought there should be an informational portion in the
Agenda as long as the two positions on Planning and Zoning still required three votes for the
at -large position.
December 4, 2007 34
Bob Johnson, Coral Winds Subdivision, suggested that while amending the Agenda,
the Board also consider making a change so that an action could be brought up during one meeting,
then voted on the next. He felt that it would allow each Commissioner time to review and research
an item before voting on it (excluding emergency actions).
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the County Attorney's office to investigate how other
Counties handle informational items on their Agendas; and
authorized advertisement for public hearing on an
amendment to Indian River County Code Section 102.04,
Order of Business, to include Informational Items in the
Agenda format, as recommended in the memorandum of
November 28, 2007.
13. COMMISSIONER ITEMS
13.A. COMMISSIONER SANDRA L. BoWDEN, CHAIRMAN
13.A.1. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT — WATER ISSUES
Chairman Bowden reported that she saw an article in the Press Journal where St.
Johns Water Management District requested a permit for ground water from the Florida Aquifer,
(see page 364 in the Backup.) She voiced concern and felt that the project should be fully accessed
with the need to demonstrate the requirement, and to ensure that there would be no adverse effects
on agriculture lands or the community. She said there needed to be a complete understanding as to
what is going on, and since it is a time sensitive issue, she asked staff to review it.
Administrator Baird acknowledged that water is one of the biggest issues facing
Florida. He said that a letter of concern was sent to St. Johns River Water Management District,
December 4, 2007 35
that would force them to demonstrate no adverse impacts on the local groundwater supply. He
said the County Utility Department had been working closely with the Soil Water Conservation
Board and Agriculture Committee regarding water supply issues and how they could affect both
agriculture and the local residents. The issue relates to the effects of water drawdown with wells
and mining activities.
Commissioner Wheeler agreed with Administrator Baird and said, "we are right on
target."
Vice Chairman Davis agreed that St. John's knows what they are doing to us when
they request permits.
Commissioner O'Bryan concurred with sending the letters, feeling that we need to
be on board with the official notification of concerns.
Commissioner Flescher acknowledged his appreciation to Chairman Bowden for
bringing this before the Board.
Margarita Engles, St. Johns Water Management District, said she appreciated the
Board's letter of concern and reported that the article was incorrect. She confirmed that the
newspaper article would be republished and that she would provide the Board with a correct
version of the article after it is published.
There was a brief discussion regarding the Board's concerns over water issues and
consumptive use permitting.
Commissioner Flescher wanted to move forward and take a proactive stance.
December 4, 2007 36
Aaron Bowles acknowledged that he appreciated the Board's concerns over the
sand mines. He explained how sand mines are excavated and how water is used for the process.
He also specified that there is no off-site discharge and no withdraw from the Floridian Aquifer,
only the Surficial Aquifer.
Discussion ensued as to the concerns of run-off water, recharging through clay, and
loss of water through evaporation.
Jens Tripson, Vero Beach, suggested the County be put on the mailing list so that
when an application for consumptive use is received, the Board would be notified and could
review it.
Chairman Bowden noted that the Commissioner's and Attorney's offices were
already on the mailing list.
Joseph Paladin, President of Black Swan Consulting, identified the procedures
after the paperwork is submitted to the County, spoke of the hydrology report, which is part of the
Board's review, then warned that any negativity that would affect the wetlands or surrounding
properties need to be addressed before the permits are granted.
Chairman Bowden announced that the letter of concern stands.
NO BOARD ACTION TAKEN OR REQUIRED
13.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN
13.B.1. REQUEST FOR A RESOLUTION OF SUPPORT TO BE DRAFTED FOR
CONTINUATION OF THE INDIAN RIVER LAGOON BLUE WAY PROJECT
December 4, 2007 37
Vice Chairman Davis requested this Resolution be drafted and sent to Tallahassee.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2007-163, Support of the Group "A" Indian
River Lagoon Blueway Florida Forever Project.
13.B.2. REQUEST FOR COUNTY ADMINISTRATOR TO DIRECT STAFF TO
RESEARCH AND PROVIDE A REPORT ONROCKAND SANDMINING
REGULATIONS INVOLVING A GRICULTURAL LANDS IN OTHER
COUNTIES
Vice Chairman Davis said this item came from a member of the Agricultural
Advisory Committee (AAC) and he did not feel comfortable giving staff direction without support
of the Board. He wanted to find out what other communities are doing before moving forward
with the Moratorium issue; and serving as the liaison to the Agricultural Advisory Committee, he
felt it appropriate to get consensus as to what other communities were doing so staff could provide
a presentation.
Administrator Baird wanted staff to review this and come back with a time frame.
Vice Chairman Davis informed the Board that the next Agricultural Advisory
Committee would be in January and suggested the presentation be given at that meeting.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board unanimously approved
December 4, 2007 38
to direct staff to research what other Counties are doing
with regards to the regulations and provide a report on
same, as recommended in the memorandum of November
28, 2007.
13. C COMMISSIONER .JOSEPH E. FLESCHER - NONE
13.D. COMMISSIONER PETER D. O'BRVAN- NONE
13.E. COMMISSIONER GARY C. WHEELER - NONE
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT - NONE
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 12:31 p.m.
December 4, 2007 39
ATTEST:
Jeffrey K. Barton, Clerk Sandra L. Bowden, Chairman
Minutes Approved:
BCC/LAA/2007Minutes
December 4, 2007 40