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HomeMy WebLinkAbout12/05/2006 (2) INDEX OF MINUTES TO THE REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF DECEMBER 5, 2006 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.PDD7,2006PH ROCLAMATION ESIGNATING ECEMBER AS EARL ARBOR RD ..............................................................................................2 EMEMBERANCE AY 6.APPROVAL OF MINUTES ........................................................................ 2 6.A.RMS19,2006 .........................................................2 EGULAR EETING OF EPTEMBER 6.B.RMO3,2006 ...............................................................2 EGULAR EETING OF CTOBER 6.C.RMO10,2006 .............................................................2 EGULAR EETING OF CTOBER 7.CONSENT AGENDA ................................................................................... 3 December 5, 2006 1 7.A.AW–N10–N16,2006 ........................3 PPROVAL OF ARRANTS OVEMBER OVEMBER 7.B.P-SLDL .............................................3 REEASON EGISLATIVE ELEGATION UNCHEON 7.C.SBACC ...................................4 CHOOL OARD PPOINTMENTS TO OUNTY OMMITTEES 7.D.BCC’CA ........................4 OARD OF OUNTY OMMISSIONERS OMMITTEE SSIGNMENTS 7.E.ECSPEO LECTION OF HAIRMAN FOR CHOOL LANNING LECTED FFICIALS OC(EOOC)2006 ..................................................................4 VERSIGHT OMMITTEE 7.F.RFCFBWM EQUEST FOR LOODPLAIN UT AND ILL ALANCE AIVER FOR ICHAEL CFM ............................................................................................4 REEK ILL ATERIAL 7.G.WP.D.,P2,RD,C/L OODFIELD HASE EQUEST FROM EVELOPER ENTEX ENNAR W,LLCECR AT OODFIELD FOR AN XTENSION TO OMPLETE EQUIRED I ........................................................................................................5 MPROVEMENTS 7.H.HSC,SAE ................6 UMANE OCIETY ONTRACT ECOND MENDMENT AND XTENSION 7.I.MBA004 ..........................................................6 ISCELLANEOUS UDGET MENDMENT 7.J.MBA005 ..........................................................7 ISCELLANEOUS UDGET MENDMENT 7.K.GFOA2007AC ........................................................................7 NNUAL ONFERENCE 7.L.AIRC/PW/PF ....................7 GREEMENT OF OINTE ESTYROTECNICO FOR IREWORKS 7.M.BAIRCBN.2007020,GHC ID WARD FOR ID O IFFORD EALTH ENTER G,P,DBSI .......................8 RADING AVING RAINAGE AND US HELTER MPROVEMENTS 7.N.BA:IRC#2007021ABASB ID WARD NNUAL ID FOR LUMINUM IGN LANKS AND H,PWD/TE ARDWARE UBLIC ORKS EPARTMENTRAFFIC NGINEERING D ...................................................................................................................8 IVISION 7.O.BA:B#2007015ABA,U ID WARD ID NNUAL ID FOR NTISCALANT TILITIES DWPD ........................................................9 EPARTMENT ATER RODUCTION IVISION 7.P.BA:IRC#2007022ABTS ID WARD NNUAL ID FOR RAFFIC IGNAL E,TEDPW QUIPMENT RAFFIC NGINEERING IVISION UBLIC ORKS D ........................................................................................................ 10 EPARTMENT 7.Q.AFPSDI PPROVAL FOR INAL AYMENT TO THE CHOOL ISTRICT OF NDIAN RCD’AM IVER OUNTY PER EVELOPERS GREEMENT TO EXTEND ASTER PWMNLMSS ............ 11 LANNED ATER AINS TO THE EW IBERTY AGNET CHOOL ITE 7.R.VL,P2,3,45RD,C EROAGO HASES AND EQUEST FROM EVELOPER ENTEX H,ECRI ............ 11 OMES FOR AN XTENSION TO OMPLETE EQUIRED MPROVEMENTS December 5, 2006 2 7.S.ALN,D:ALN,LLC(S SHLEY AKES ORTH EVELOPER SHLEY AKES ORTH TANLEY M/MA–MM),R ARKOFSKY ARK CKERMAN ANAGING EMBERS ATIFICATION OF MCCR ODIFICATION TO ONTRACT FOR ONSTRUCTION OF EQUIRED I ..................................................................................................... 13 MPROVEMENTS 7.T.QCPD,D:SLMI,LLC(S UAIL REEK EVELOPER NVESTMENTS TANLEY M/MA/ES/EK– ARKOFSKY ARK CKERMAN UGENE HALIK DWARD ALIKOW MM),RMC ANAGING EMBERS ATIFICATION OF ODIFICATION TO ONTRACT FOR CRI ................................................... 14 ONSTRUCTION OF EQUIRED MPROVEMENTS 8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE ................................................................................... 15 9.PUBLIC ITEMS .......................................................................................... 15 9.A.PH ................................................................................................. 15 UBLIC EARINGS 9.A.1.TEFRA(TEFRA),PB AX QUITY AND ISCAL ESPONSIBILITY CT ALM EACH CHFARC OUNTY EALTH ACILITIES UTHORITY ETIREMENT OMMUNITY RB(A) ................................................................... 15 EVENUE ONDS DMINISTRATIVE 9.A.2.AC207,LLTTI MEND HAPTER ICENSING AND ICENSE AXES OF HE NDIAN RCC(LEGISLATIVE) .............................................................. 16 IVER OUNTY ODE 9.A.3.RCPHR EQUEST FOR ONTINUANCE OF UBLIC EARING EGARDING CAPFS ONSIDERATION OF PPROVAL OF ROPORTIONATE AIR HARE ADAO27,LLC, GREEMENT AND EVELOPERS GREEMENT FOR SLO AND AACIE PPROVAL OF AN MENDMENT TO THE APITAL MPROVEMENTS LEMENT CPIFL27 TH OF THE OMPREHENSIVE LAN TO NCLUDE THE OUR ANING OF A13SSWT17SSW(L) ................ 18 THTH VENUE FROM TREET O TREET EGISLATIVE 9.A.4.MLLCFAC,I.’RR ARBROS AND IRST TLANTIC ITRUS NCS EQUEST TO EZONE +/-2.89ACGCHIG(Q-J) ............................... 20 CRES FROM AND TO UASIUDICIAL 9.A.5.CPALDRC910, ONSIDERATION OF ROPOSED MENDMENTS TO HAPTER CMS;TX,IF; ONCURRENCY ANAGEMENT YSTEM ITLE MPACT EES AND C912,S-FD(L).......................... 21 HAPTER INGLEAMILY EVELOPMENT EGISLATIVE December 5, 2006 3 9.PUBLIC ITEMS .......................................................................................... 21 9.B.PDI ................................................................................... 21 UBLIC ISCUSSION TEMS 9.B.1.RSJP,C,G EQUEST TO PEAK FROM OSEPH ALADIN HAIRMAN ROWTH ACRPCP WARENESS OMMITTEE EGARDING ROPOSED OUNTY OLICY OF R--WA ............................................................................... 21 IGHTOFAY CQUISITION 9.B.2.RSMTRD EQUEST TO PEAK FROM ARIE ERRANOVA EGARDING ENIAL OF IFIE ..................................................................... 22 MPACT EE NCREASE XEMPTION 9.C.PUBLIC NOTICE ITEMS- NONE ........................................................... 23 10.COUNTY ADMINISTRATOR MATTERS ............................................ 23 10.A.PLN2007 .................................................................. 23 ROPOSED EGISLATIVE EEDS 11.DEPARTMENTAL MATTERS................................................................ 25 11.A.CD ................................................................................. 25 OMMUNITY EVELOPMENT 11.A.1.RDVSRA ........................... 25 ECONSIDERATION OF IOSTA LAB EMOVAL GREEMENT 11.B.ES–N ............................................................................ 25 MERGENCY ERVICES ONE 11.C.GS .............................................................................................. 25 ENERAL ERVICES 11.C.1.RASCCC EQUEST FOR DDITIONAL PACE FROM THE LERK OF IRCUIT OURT AND CHD .................................................................... 25 THE OUNTY EALTH EPARTMENT 11.D.HR-N ................................................................................. 26 UMAN ESOURCES ONE 11.E.HS-N ..................................................................................... 26 UMAN ERVICES ONE 11.F.LS–N ................................................................................... 26 EISURE ERVICES ONE 11.G.OMB–N ................................................. 26 FFICE OF ANAGEMENT AND UDGET ONE 11.H.R–N ............................................................................................ 26 ECREATION ONE 11.I.PW ...................................................................................................... 26 UBLIC ORKS 11.I.1.CR512,PIII,CR510–P#9611001,BN HASE ROJECT AND ID UMBER 2006065,CO#6 ............................................................................... 26 HANGE RDER 11.I.2.FDTMM LORIDA EPARTMENT OF RANSPORTATION AINTENANCE EMORANDUM A(MOA)US1ORSR OF GREEMENT FOR FROM SLO OAD TO OUTH ELIEF CLM ............................................................... 27 ANAL FOR ANDSCAPE AINTENANCE December 5, 2006 4 11.J.US ............................................................................................... 28 TLITIES ERVICES 11.J.1.CSWON.4A2K- ONSULTING ERVICES ORK RDER O MENDMENT WITH IMLEY HP,DCS ORN FOR ERMITTING ESIGN AND ONSTRUCTION ERVICES FOR RWCWSM ................... 28 EPLACEMENT OF ABASSO AUSEWAY ATER AND EWER AIN 12.COUNTY ATTORNEY MATTERS ........................................................ 28 A.WV–DRIV ................................................................... 28 ATERWAY ILLAGE ESTING 13.COMMISSIONER ITEMS ........................................................................ 31 13.A.CGC.W,C-N ..................................... 31 OMMISSIONER ARY HEELER HAIRMAN ONE 13.B.CSL.B,VC-N ................................. 31 OMMISSIONER ANDRA OWDEN ICE HAIR ONE 13.C.CWS.D ........................................................................ 31 OMMISSIONER ESLEY AVIS 13.C.1.RSPNST ESOLUTION OF UPPORT FOR A ROPOSED ATIONAL CULLING RAINING CSSEC-54C ............... 31 AND OMPETITION ITE ALONG THE OUTH ND OF THE ANAL 13.E.CJE.F-N .................................................... 32 OMMISSIONER OSEPH LESCHER ONE 13.F.CPD.O’B-N ........................................................ 32 OMMISSIONER ETER RYAN ONE 14.SPECIAL DISTRICT AND BOARDS ..................................................... 32 14.A.EMERGENCYSERVICESDISTRICT-NONE ............................................... 32 14.B.SOLIDWASTEDISPOSALDISTRICT ............................................................ 32 14.B.1.AMMO10,2006 ................................... 33 PPROVAL OF INUTES EETING OF CTOBER 14.B.2.ABAIRCB#2006105,FEW PPROVAL OF ID WARD FOR ID RONT ND HEELED LTHGP,U OADER WITH RASH ANDLER AND UARD ACKAGE TILITIES D/SWDD ................................................ 33 EPARTMENTOLID ASTE ISPOSAL ISTRICT 14.B.3.RSS/GF ........................ 33 ECYCLING ERVICES FOR CHOOLSOVERNMENT ACILITIES 14.B.4.FTR,I.(FTR)WTA ..................... 33 LORIDA IRE ECYCLING NC ASTE IRE GREEMENT 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 33 December 5, 2006 5 December 5, 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 5, 2006, at 9:00 a.m. Present were Gary C. Wheeler, Chairman, Sandra L. Bowen, Vice Chair and Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O’Bryan,. Also present were County Administrator Joseph Baird; County Attorney William G. Collins, II; Executive Aide Kimberly Massung, and Maria I. Suesz, Deputy Clerk. 1. CALL TO ORDER Chairman Gary C. Wheeler called the meeting to order 9:00 a.m. 2. INVOCATION Jim Davis, Public Works Director, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Chairman Gary C. Wheeler led the Pledge of Allegiance to the Flag. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE December 5, 2006 1 5. PROCLAMATIONS AND PRESENTATIONS 5.A. PDD7,2006P ROCLAMATION ESIGNATING ECEMBER AS EARL HRD ARBOR EMEMBERANCE AY Chairman Wheeler read and presented the Proclamation to Larry Wapnick, President of the Veteran’s Council. Mr. Wapnick handed out Hawaiian Leis to the Board. Present with him were two Pearl Harbor survivors, Eugene Bebermount and Joe Brook. 6. APPROVAL OF MINUTES 6.A. RMS19,2006 EGULAR EETING OF EPTEMBER ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Minutes of the Regular Meeting of September 19, 2006, as written and distributed. 6.B. RMO3,2006 EGULAR EETING OF CTOBER ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Minutes of the Regular Meeting of October 3, 2006, as written and distributed. 6.C. RMO10,2006 EGULAR EETING OF CTOBER ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously December 5, 2006 2 approved the Minutes of the Regular Meeting of October 10, 2006, as written and distributed. 7. CONSENT AGENDA Commissioner O’Bryan requested Items 7.R. and 7.S. be pulled for discussion. Commissioner Flescher requested Items 7.G. and 7.M. be pulled for discussion. 7.A. AW–N10–N16, PPROVAL OF ARRANTS OVEMBER OVEMBER 2006 ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for November 10 – November 16, 2006, as recommended in the memorandum of November 16, 2006. 7.B. P-SLDL REEASON EGISLATIVE ELEGATION UNCHEON ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized the County to pay the $10.00 fee associated with the Pre Session Legislative Luncheon being held on Thursday, December 14, 2006, at 12:00 th p.m. at the Heritage Center, 2140 14 Avenue, Vero Beach for Commissioners and County Officers, as requested in the memorandum of November 29, 2006. December 5, 2006 3 7.C. SBACC CHOOL OARD PPOINTMENTS TO OUNTY OMMITTEES The Board noted the list of appointments for the record. 7.D. BCC’C OARD OF OUNTY OMMISSIONERS OMMITTEE A SSIGNMENTS ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved Alternative No. 1,the BCC Committee Assignments for the year 2007, as recommended in the memorandum of November 28, 2006. 7.E. ECSPE LECTION OF HAIRMAN FOR CHOOL LANNING LECTED OOC(EOOC)2006 FFICIALS VERSIGHT OMMITTEE The Board noted the Election of Ken Daige as Chairman of the School Planning Elected Officials Oversight Committee for the year 2006. 7.F. RFCFBW EQUEST FOR LOODPLAIN UT AND ILL ALANCE AIVER MCFM FOR ICHAEL REEK ILL ATERIAL ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the cut and fill balance waiver, as recommended in the memorandum of November 21, 2006. December 5, 2006 4 7.G. WP.D.,P2,RD, OODFIELD HASE EQUEST FROM EVELOPER C/LW,LLCE ENTEX ENNAR AT OODFIELD FOR AN XTENSION TO CRI OMPLETE EQUIRED MPROVEMENTS Commissioner Flescher was concerned that if the developer was so close to completion why they needed an extension. After Engineer Joseph Schulke gave a project status report and Attorney Collins clarified that the extension was already granted to the Letter of Credit in contemplation that the contract would be extended, Commissioner Flescher gave his support. MOTION WAS MADE by Commissioner Flescher, to extend the Letter of Credit for a three-month period. There was no Second. Motion DIED. ON MOTION by Commissioner Davis, SECONDED by Commissioner O’Bryan, by a 4-1 vote (Chairman Wheeler opposed) the Board approved the Modification to Contract for Construction of Required Improvements No. PD-03-04-11-CFCPH2 (2002120063-48453) for Woodfield P.D., Phase 2, provided that each existing SunTrust Bank Letter of Credit be amended to extend the expiration date to September 5, 2007 which is 90 days beyond the June 5, 2007 requested extension date; and authorized the Chairman to execute the Modification. The amendment to the letter of credit must be received no later than 12:00 noon on Tuesday, December 5, 2006 December 5, 2006 5 by the County Attorney’s Office, otherwise staff is to call the respective letter of credit prior to its December 8, 2006 expiration date, as requested in the memorandum of November 28, 2006. Additionally, no building permits are to be issued during this extension. 7.H. HSC,SA UMANE OCIETY ONTRACT ECOND MENDMENT AND E XTENSION ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously authorized the Chairman to execute the Second Amendment and Extension to the Contract for Providing Animal Shelter Services for the County, and approved compensation rate of $70 per animal for the current fiscal year, retroactive to October 1, 2006, $75 per animal for fiscal year 2007/2008 and $83 per animal for fiscal year 2008/2009, as recommended in the memorandum of November 28, 2006. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 7.I. MBA004 ISCELLANEOUS UDGET MENDMENT ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously December 5, 2006 6 Resolution 2006-183 approved , amending the Fiscal Year 2006-2007 Budget. 7.J. MBA005 ISCELLANEOUS UDGET MENDMENT ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously Resolution 2006-184, approved amending the Fiscal Year 2006-2007 Budget. 7.K. GFOA2007AC NNUAL ONFERENCE ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously granted permission for the County Administrator to attend the Government Finance Officers Association Annual Conference June 10 – 13, 2007, as requested in the memorandum of November 29, 2006. 7.L. AIRC/PW/P GREEMENT OF OINTE ESTYROTECNICO FOR F IREWORKS ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the contract and authorized the County Administrator or his designee to execute the contract along with Pointe West as co-sponsors, as December 5, 2006 7 recommended in the memorandum of November 15, 2006. 7.M. BAIRCBN.2007020,GH ID WARD FOR ID O IFFORD EALTH CG,P,DBS ENTER RADING AVING RAINAGE AND US HELTER I MPROVEMENTS Commissioner O’Bryan referenced a problem that the County recently had to face, and wondered if this bidder could do this project for the bid amount. After hearing a vote of confidence from Public Works Director Jim Davis that the project could be done for the bid amount, Commissioner O’Bryan gave his support. ON MOTION by Commissioner Davis, SECONDED by Commissioner O’Bryan, the Board unanimously approved that the bid be awarded to L. H. Tanner Construction, Corp., as recommended in the memorandum of November 16, 2006. 7.N. BA:IRC#2007021ABAS ID WARD NNUAL ID FOR LUMINUM IGN BH,PWD/T LANKS AND ARDWARE UBLIC ORKS EPARTMENTRAFFIC ED NGINEERING IVISION ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously awarded all items to the low bidder Universal Signs and Accessories, Inc., as the overall most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. Timely delivery of December 5, 2006 8 orders and compatibility of items offered is critical to the department operation. Universal Signs and Accessories, Inc. has held the current bid since October 1, 2001 for these items; established an open end contract for the period December 5, 2006 through September 30, 2007 with the recommended vendor; and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, as recommended in the memorandum of November 28, 2006. 7.O. BA:B#2007015ABA, ID WARD ID NNUAL ID FOR NTISCALANT UDWPD TILITIES EPARTMENT ATER RODUCTION IVISION ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously awarded the annual bid to GE Betz, Inc. as the lowest most responsive and responsible bidder meeting the specifications as set forth in the invitation to Bid; established an open end contract for the period November 2006 through September 30, 2007. The projected expenditures for FY 2006/2007 are $50,000. The new Bid Price reflects a 21% unit price (for bulk) and a 29% unit price (per drum) increase December 5, 2006 9 over the last (FY 2005/2006) bid; and authorized the Purchasing Manager to renew this contract for three (3) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, as recommended in the memorandum of November 28, 2006. 7.P. BA:IRC#2007022ABTS ID WARD NNUAL ID FOR RAFFIC IGNAL E,TEDPW QUIPMENT RAFFIC NGINEERING IVISION UBLIC ORKS D EPARTMENT ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved multiple awards of this bid by Sections instead of a single award to the overall lowest most responsive and responsible bidder as follows: awarded Section 1 to Multicom, Inc. and Sections 2, 3, and 4 awarded to Traffic Parts, Inc.; established an Open End Contract for the period December 5, 2006 through September 30, 2007 with each of the recommended award vendors; and authorized the Purchasing Manager to renew this contract for two (2) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual December 5, 2006 10 contract is in the best interest of the County, as recommended in the memorandum of November 28, 2006. 7.Q. AFPSD PPROVAL FOR INAL AYMENT TO THE CHOOL ISTRICT OF IRCD’A NDIAN IVER OUNTY PER EVELOPERS GREEMENT TO EXTEND MPWMNLM ASTER LANNED ATER AINS TO THE EW IBERTY AGNET SS CHOOL ITE ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved final payment to the School District of Indian River County in the amount of $658,840.95, as recommended in the memorandum of November 27, 2006. 7.R. VL,P2,3,45RD, EROAGO HASES AND EQUEST FROM EVELOPER CH,ECR ENTEX OMES FOR AN XTENSION TO OMPLETE EQUIRED I MPROVEMENTS Commissioner Flescher pulled this item for discussion seeking a better explanation from the developer as to they needed an extension. Joseph Shulke, Engineer from Shulke, Bittle and Stoddard, L.L.C., explained that most of the work is completed, but it was a very big project to be completed in one year, and they needed a little more time. December 5, 2006 11 Chairman Wheeler did not think the request was for good cause and he supported pulling the Letter of Credit. Nelson Bennett , Centex Homes, confirmed that they are trying to do punch-out work now and they are getting ready for the paperwork and certifications. Attorney Collins in response to Commissioner Davis’ question, advised that the County would be responsible to go out to bid to see that work is completed if they pulled the letter of credit. Commissioner Davis suggested extending the Letter of Credit and not issuing any more building permits until they see that the work is done. Commissioner Flescher suggested that a stipulation could be not to issue building permits until the developer is caught up, if they choose to extend. The developer wanted to see that stipulation broken out into each Phase, because they are so close to completion on this Phase. Attorney Collins pointed out they were asking for an extension to June 5, 2007 to complete all work and all Phases. Administrator Baird suggested giving them an extension until April. MOTION WAS MADE by Commissioner Davis to extend the letter of credit till June 5, 2006, and not issue any building permits until the work is finished. There was no Second. Motion DIED. MOTION WAS MADE by Commissioner O’Bryan, Seconded by Vice Chair Bowden, by a 2-3 vote (Chairman Wheeler, Commissioners Davis and December 5, 2006 12 Flescher opposed) to extend the letter of credit for three months. Motion FAILED. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner O’Bryan, by a 2-3 vote (Chairman Wheeler, Commissioners Bowden and Flescher opposed) to extend the letter of credit, but not issue any building permits until the work was completed. Motion FAILED. ON MOTION by Commissioner O’Bryan, SECONDED by Chairman Wheeler, by a 4-1 vote (Vice Chair Bowden opposed), The Board denied staffs recommendation to extend the time to perform to June 5, 2007, as recommended in the memorandum of November 27, 2006. Administrator Baird responded to Vice Chair Bowden’s inquiry that he would have to go through the bidding process, but first he needed to review this item and bring it back at their next meeting. 7.S. ALN,D:ALN, SHLEY AKES ORTH EVELOPER SHLEY AKES ORTH LLC(SM/MA–M TANLEY ARKOFSKY ARK CKERMAN ANAGING M),RMC EMBERS ATIFICATION OF ODIFICATION TO ONTRACT FOR CRI ONSTRUCTION OF EQUIRED MPROVEMENTS Commissioner Flescher pulled this item for clarification. December 5, 2006 13 County Attorney William G. Collins explained that the Board approved on September 5, 2006 the one year extension subject to an updated cost certification of which they have now received from the developer, Ashley Lakes North, LLC, and they are bringing it back to plug in the final numbers. ON MOTION by Commissioner Flescher, SECONDED by Vice Chair Bowden, the Board unanimously approved the Modification to Contract for Construction of Required Improvements No. SD- 04-10-48-CFC (2004020225-48531) that implements the Board’s direction, as recommended in the memorandum of November 29, 2006. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.T. QCPD,D:SLMI,LLC UAIL REEK EVELOPER NVESTMENTS (SM/MA/ES/E TANLEY ARKOFSKY ARK CKERMAN UGENE HALIK DWARD K–MM),RM ALIKOW ANAGING EMBERS ATIFICATION OF ODIFICATION TO CCRI ONTRACT FOR ONSTRUCTION OF EQUIRED MPROVEMENTS ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Davis, the Board unanimously approved the Modification to Contract for Construction of Required Improvements No. PD-04- 07-12-CFC (2004020196-48349) that implements the Board’s direction, as recommended in the memorandum of November 29, 2006. December 5, 2006 14 COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 9. PUBLIC ITEMS 9.A. PH UBLIC EARINGS 9.A.1. TEFRA(TEFRA),P AX QUITY AND ISCAL ESPONSIBILITY CT ALM BCHFAR EACH OUNTY EALTH ACILITIES UTHORITY ETIREMENT CRB(A) OMMUNITY EVENUE ONDS DMINISTRATIVE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Assistant County Attorney Marian Fell reviewed her memorandum dated November 27, 2006 explaining this hearing is required by the Federal Tax law because two facilities are here in Indian River County, and once the authorities issue the bonds the proceeds will be used to refinance the current debt and to perform hurricane renovations on five facilities. She disclosed that approximately seventy percent of the bond proceeds would be spent in this County. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Commissioner O’Bryan, SECONDED by Commissioner Flescher, the Board Resolution 2006-185 unanimously approved , December 5, 2006 15 approving a Second Amendment to an interlocal agreement and the issuance of revenue bonds in an amount not to exceed $50,000,000 by the Palm Beach County Health Facilities Authority. 9.A.2. AC207,LLTT MEND HAPTER ICENSING AND ICENSE AXES OF HE IRCC(LEGISLATIVE) NDIAN IVER OUNTY ODE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Assistant County Attorney Marion Fell reviewed her memorandum dated November 27, 2006 stating that this is a request to amend Chapter 207 of the Indian River County Code. She explained that the Florida Legislature has changed the governing statutes to call the item “Occupational License,” instead of a “Local Business Tax” and replace the license with a receipt. Attorney Fell advised this is only for clarification. There is no change to the tax amount, and it is to be effective January 1, 2007. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. ON MOTION by Vice Chair Bowden, SECONDED by Commissioner Flescher, the Board unanimously Ordinance 2006-040 adopted amending Chapter 207 of the Code pursuant to Chapter 2006-152, Laws of December 5, 2006 16 Florida, that changes the term “Occupational License Tax” to “Local Business Tax” and the term “Occupational License” to “Business Tax Receipt”; providing findings, amending the Chapter name to Local Business Tax Receipts; amending Section 207.02 specifically to include the definitions in Florida Statutes Section 205.022; amending Sections 207.03; 207.04; 207.05; 207.06; 207.07; 207.08; 207.09; 207.10; 207.11; 207.12; and 207.13 to change the term “Occupational License Tax” to “Local Business Tax” or “Business Tax” and to change the term “Occupational License” to “Business Tax Receipt”; creating a savings provision in new Section 207.14 of the Code to provide that certain Occupational Licenses issued before January 1, 20007 are valid; providing for repeal of other conflicting ordinances; providing for severability; providing for inclusion in the Code of Indian River County; providing for filing with the Department of State; and providing for an effective date. December 5, 2006 17 9.A.3. RCPHR EQUEST FOR ONTINUANCE OF UBLIC EARING EGARDING CAPFS ONSIDERATION OF PPROVAL OF ROPORTIONATE AIR HARE ADAO27,LLC, GREEMENT AND EVELOPERS GREEMENT FOR SLO AND AACI PPROVAL OF AN MENDMENT TO THE APITAL MPROVEMENTS ECPIF LEMENT OF THE OMPREHENSIVE LAN TO NCLUDE THE OUR L27A13SSWT17SSW THTHTH ANING OF VENUE FROM TREET O TREET (L) EGISLATIVE PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Attorney William G. Collins, II reviewed the Assistant County Administrator’s memorandum dated November 29, 2006 explaining that in the last week they came to an impasse that he hoped to work out regarding the impact fee credits and the request was for an extension for one week. The Chairman opened the public hearing. th Jerry Swanson , 3001 Ocean Drive, Oslo 27 LLC, gave a brief background on th this issue regarding the proportionate share agreement and the failing link between 13 th and 7 Street SW. He had 10 trips that failed at that intersection and he agreed to enter into a Letter of Credit for $5,000,000.00, plus 15% contingency required by the County. Ron D’Hessler, Chief Financial Officer of P&S Properties, displayed a schedule (Exhibit “C” – copy on file) that he put together to make it easier to understand the economics involved in this transaction. He requested a credit of $211,900.00 out of their transportation impact fees, plus they would give the County $277,000.00 to go toward other transportation impact fees, and they would pay another $142,000.00 in other December 5, 2006 18 impact fees, i.e. solid waste, for a total of $420,000.00 toward impact fees. They would still have $212,000.00 that is allocated to that particular link, he said. Mr. Swanson requested the Board give other developers the same credit on their impact fees as that given to Oslo 27th. Joseph Paladin, Chairman of the Affordable Housing Task Force supported Mr. Swanson’s request. Mark Brackett, Developer, supported this item. Bob Johnson, Coral Wind Subdivision, said it would be interesting to know why the developer cannot scale back his development. There were no additional speakers and the Chairman closed the public hearing. Attorney Collins stated that they are trying to find a way to make it work for everybody, reconciling two Ordinances, so they know the money is there up front instead of over a long period. ON MOTION by Commissioner Flescher, SECONDED by Commissioner O’Bryan, the Board unanimously approved the public hearing to be continued to a time certain, Tuesday, December 12, 2006 at 9:00 a.m. December 5, 2006 19 9.A.4. MLLCFAC,I.’R ARBROS AND IRST TLANTIC ITRUS NCS EQUEST R+/-2.89ACGCHIG(Q-J) TO EZONE CRES FROM AND TO UASIUDICIAL PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Bob Keating used a PowerPoint presentation to review this item. Director Keating stated that this item started out as a code enforcement action because boat manufacturing is not allowed under this zoning district. He explained that the purpose is to amend the land use of this property, to accommodate light industrial uses, and that staff recommended approval. The Chairman opened the public hearing. Chris Marine , Co-owner of Marbros, L.L.C., revealed additional facts regarding their manufacturing process which consist of a gel-coat which is the one item that makes their company non-compliant to code. The Chairman closed the public hearing. ON MOTION by Commissioner Flescher, SECONDED by Commissioner O’Bryan, the Board Ordinance 2006-041, unanimously adopted amending the zoning ordinance and the accompanying zoning map for ±2.89 acres located east of Old Dixie Highway and approximately 3,909 th feet south of 45 Street, from CH, Heavy Commercial District, and CG, General Commercial District, to IL, Light Industrial; and providing codification, severability, and effective date. December 5, 2006 20 9.A.5.CPALDRC ONSIDERATION OF ROPOSED MENDMENTS TO HAPTER 910,CMS;TX,IF; ONCURRENCY ANAGEMENT YSTEM ITLE MPACT EES C912,S-FD(L) AND HAPTER INGLEAMILY EVELOPMENT EGISLATIVE Chairman Wheeler requested the Board consider a motion to move this item to January 23, 2007 to give them time to work on it, and asked for a public workshop on Thursday, January 11, 2007. MOTION WAS MADE by Vice Chair Bowden, SECONDED by Commissioner O’Bryan, to move this item to January 23, 2007 and schedule a workshop for Thursday, January 11, 2007. The Chairman opened the Public Hearing. There were no speakers and he closed the Public Hearing. The Chairman CALLED THE QUESTION, and the Motion carried unanimously. 9. PUBLIC ITEMS 9.B. PDI UBLIC ISCUSSION TEMS 9.B.1. RSJP,C, EQUEST TO PEAK FROM OSEPH ALADIN HAIRMAN GACRPC ROWTH WARENESS OMMITTEE EGARDING ROPOSED OUNTY PR--WA OLICY OF IGHTOFAY CQUISITION December 5, 2006 21 Joseph Paladin , Chairman of the Growth Awareness Committee (a private- sector organization), read his Committee’s recommendations (page 368 of the backup) of policy on right-of-way acquisition, to encourage more timely acquisitions of necessary right-of-way for road expansion and improvement. Administrator Baird recommended that they move in the direction of the Committee’s recommendations. Attorney Collins commented that contacting property owners in advance, offers being supported by the appraisal, and the purchase price being the developer’s price of bare land, as some of the recommendations already practiced. Commissioner Davis commented that he does not need to do an “up-zoning” of a piece of property and then purchase it at the time of the right-of-way of the subdivision, which defies logic. He would like a policy made similar to the last Comprehensive Land Use change that they did. He felt there should be a way to get it into effect soon. Chairman Wheeler felt that if they are in an area where they need those roads then they should look at it at that time. NO ACTION REQUIRED OR TAKEN. 9.B.2. RSMTR EQUEST TO PEAK FROM ARIE ERRANOVA EGARDING DIFIE ENIAL OF MPACT EE NCREASE XEMPTION Marie Terranova. 180 S. Hickory Street,spoke to the Board regarding the denial of her affidavit for an Impact Fee Increase Exemption that she filed in June 21, 2005. December 5, 2006 22 Director Bob Keating briefed the Board of the process taken that lead up to this denial. Ms. Terranova’s application was logged in and sent to the attorney’s office for review of her contract to determine whether the contract would be impaired by the impact fees and it was determined that it would not be impaired. Attorney Collins added that later in December 2006, the Board deleted the requirement that the contract be impaired. Administrator Baird stated that staff does not have the ability to act on impact fees and that is why this item came to the Board. ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved an impact fee increase exemption for Marie Terranova. Chairman Wheeler called for a recess at 10:34 a.m. and he reconvened the meeting at 10:38 a.m. 9.C. PUBLIC NOTICE ITEMS- NONE 10. COUNTY ADMINISTRATOR MATTERS 10.A. PLN2007 ROPOSED EGISLATIVE EEDS Administrator Baird referenced the proposed 2007 Legislative Needs (page 372 of the backup) and asked for input of additions and/or changes. December 5, 2006 23 Chairman Wheeler was attending this session and invited anyone to attend. Administrator Baird mentioned that the Board needed to add water supply to the list. There was a CONSENSUS to approve the proposed 2007 Legislative Needs with the addition of “water supply.” John Clinton , Mockingbird Drive, referenced an article in the Press Journal about the Dodgertown property. He felt it was inappropriate to ask for funding to market the Dodgertown property in light that the County has no control over that property. Chairman Wheeler suggested Mr. Clinton and Mr. Baird get together and discuss this item, and if necessary, it could be put on the agenda later. Administrator Baird admitted that Mr. Clinton was correct and that it may be the best deal available to the County. He explained they are asking for an option now where they can keep it from being developed. Another issue he clarified was that the City of Vero Beach controls the rezoning in the City, not the County Administrator Joe Baird, as was printed in the paper. Another thing the County is asking the State, he added, is help to bring teams to Florida. December 5, 2006 24 11. DEPARTMENTAL MATTERS 11.A. CD OMMUNITY EVELOPMENT 11.A.1.RDVSRA ECONSIDERATION OF IOSTA LAB EMOVAL GREEMENT The Board noted the updated report for the record. No Board action required or taken. 11.B. ES–N MERGENCY ERVICES ONE 11.C. GS ENERAL ERVICES 11.C.1. RASCC EQUEST FOR DDITIONAL PACE FROM THE LERK OF IRCUIT CCHD OURT AND THE OUNTY EALTH EPARTMENT General Services Director Thomas Frame reviewed the memorandum from the Clerk of Circuit Court regarding the request by the Clerk and the County Health Department for additional space in the New County Administration Building. He advised that County Health Administrator Jean Kline indicated to him that her need for space could wait until sometime after the building is completed. Within the last six months, Circuit Court Judge Paul Kanarek indicated to the Clerk that he anticipates the need for space for another courtroom in the Courthouse sometime in 3-5 years. Director Frame suggested that the Board wait until they complete construction of the building before they make a decision. He also suggested they look at some type of plan of how they are going to deal with adding courtroom space, and whether it is appropriate to put a courtroom on the second floor of that building. December 5, 2006 25 ON MOTION by Commissioner O’Bryan, SECONDED by Chairman Wheeler, the Board unanimously approved to wait until the new County Administration Buildings are finished before they add any additional expansion of offices in the “shelled/unfinished” areas of the buildings, as recommended in the memorandum of November 28, 2006. Director Frame provided an update on the new Supervisor of Elections building. 11.D. HR-N UMAN ESOURCES ONE 11.E. HS-N UMAN ERVICES ONE 11.F. LS–N EISURE ERVICES ONE 11.G. OMB–N FFICE OF ANAGEMENT AND UDGET ONE 11.H. R–N ECREATION ONE 11.I. PW UBLIC ORKS 11.I.1. CR512,PIII,CR510–P#9611001,B HASE ROJECT AND ID N2006065,CO#6 UMBER HANGE RDER December 5, 2006 26 Public Works Director Jim Davis explained that this Change Order incorporates the traffic signal improvements at the Sebastian River Middle School. ON MOTION by Vice Chair Bowden, SECONDED by Commissioner O’Bryan, the Board unanimously approved Change Order #6 increasing the contract amount by $129,876.90, as recommended in the memorandum of November 28, 2006. 11.I.2. FDTM LORIDA EPARTMENT OF RANSPORTATION AINTENANCE MA(MOA)US1OR EMORANDUM OF GREEMENT FOR FROM SLO OAD TO SRCLM OUTH ELIEF ANAL FOR ANDSCAPE AINTENANCE Public Works Director Jim Davis advised that the Department of Transportation is willing to landscape the median and along the borders and replace any landscaping that was damaged. Staff recommends the Board approve the MOA. Vice Chair Bowden asked that they do not plant cactus because it looks terrible and is difficult to weed. ON MOTION by Vice Chair Bowden, SECONDED by Commissioner O’Bryan, the Board unanimously approved Alternative No. 1, the Memorandum of Agreement and authorized the Chairman to execute same, allowing DOT to furnish and install the landscaping, as recommended in the memorandum of November 20, 2006. December 5, 2006 27 11.J. US TLITIES ERVICES 11.J.1. CSWON.4A2 ONSULTING ERVICES ORK RDER O MENDMENT K-HP,DC WITH IMLEYORN FOR ERMITTING ESIGN AND ONSTRUCTION SRWCW ERVICES FOR EPLACEMENT OF ABASSO AUSEWAY ATER AND SM EWER AIN ON MOTION by Commissioner Davis, SECONDED by Commissioner O’Bryan, the Board unanimously approved Amendment 2 to Work Order No. 4 with Kimley-Horn in the amount of $39,400.00 for additional work associated with this project, and authorized the Chairman to execute same, as presented and recommended in the memorandum of November 4, 2006. WORK ORDER NO. 4 AMENDMENT 2 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD 12. COUNTY ATTORNEY MATTERS A. WV–DRIV ATERWAY ILLAGE ESTING Attorney Collins reviewed his memorandum of November 28, 2006 stating that it is his opinion Waterway Village is vested and the trips should be loaded, but he wanted the Board to hear other opinions on this matter. John Shubin, Esq., Shubin and Bass Professional Association, representing the County in respect to this issue, said it was his understanding that at the time of the initial approval of the DRI, there was no reservation of concurrency of this project, no December 5, 2006 28 reservation of the trips onto the network, and there was no concurrency certificate in place. It was his opinion that the mere initial approval of the application of a DRI under the facts and circumstances does not provide the applicant with a blanket exemption. Also, he advised the Board has the discretion to determine that Waterway Village is not vested by virtue of their approval of the DRI. E. Lee Worsham , Ruden, McClosky, Smith, Schuster & Russell, P.A., representing DiVosta, the developer of Waterway Village, read Chapter 952.07(5)(e) of the Comprehensive Plan explaining the methodology used by DiVosta. He argued that his client complies with the Comprehensive Plan and that the developer is not in breach of their contract. He explained how DiVosta chose a DRI to set the ultimate cost of the work and other support facilities for that project. He did not think it was a question of vesting or not vesting, but a question of on-going compliance with concurrency pursuant to the County ordinances. Attorney Shubin said nothing has changed his mind and asked the question, “Was the application at the time concurrent or not?” To him, the argument appeared to be to comply with Chapter 910, or Chapter 952, which is the alternate methodology system. Director Bob Keating reviewed portions of Chapter 952 that states an alternative methodology can be used to determine the impacts. Assistant County Public Works Director Chris Mora explained that the reason that Section of Chapter 952 is in the Comprehensive Plan was because they have different levels of service, and it was used only as how to prepare the traffic study. He made it clear that they have not used it to determine capacity or concurrency. December 5, 2006 29 Mr. Worhsam Discussion ensued by continued to argued his position and read the developer’s agreement regarding the conditions that have been met. Bruce Barkett, Esq., representing the applicant, told the Board they are not being asked to make policy, but to decide what was actually done. He read provisions of Chapter 380 stating thatnothing can limit or modify the rights of any person to complete the development of a DRI. Attorney Shubin does not believed that the intent of the Florida Legislature or the County was for there to be a development order that would allow exemption from concurrency requirements and that would apply to everyone. Commissioner O’Bryan agreed with Mr. Worsham. Chairman Wheeler commented that approving this request meant treating this DRI differently than other developments. He wanted to try to treat everybody equally, regardless of whether they are a DRI, or a PD. He felt they should vest the same way as a PD, and he said he did not believe Waterway Village was vested. Bruce Barkett, Esq., said his applicant was not trying to become exempt from concurrency. He asked what improvements they needed to satisfy concurrency and if they needed to sign a developer’s agreement. Vice Chair Bowden agreed with Chairman Wheeler stating that she was trying to make a fair decision, but she did not believe concurrency was met. ON MOTION by Commissioner Davis, SECONDED by Vice Chair Bowden, the Board unanimously found December 5, 2006 30 that the final development order for Waterway Village did not meet concurrency and is not vested. County Attorney Collins assured the Board that in the future staff would determine whether further concurrency testing was required or not. 13. COMMISSIONER ITEMS 13.A. CGC.W,C-N OMMISSIONER ARY HEELER HAIRMAN ONE 13.B. CSL.B,VC-N OMMISSIONER ANDRA OWDEN ICE HAIR ONE 13.C. CWS.D OMMISSIONER ESLEY AVIS 13.C.1. RSPN ESOLUTION OF UPPORT FOR A ROPOSED ATIONAL STCSSE CULLING RAINING AND OMPETITION ITE ALONG THE OUTH ND OF C-54C THE ANAL Commissioner Davis brought this item to the Board to place some infrastructure and amenities at a site that is currently being used for practice and sculling competition. He advised that Brevard County Commissioner Jackie Colon also was bringing this to her Board. ON MOTION by Commissioner O’Bryan, SECONDED by Chairman Wheeler, the Board unanimously approved to direct the County Attorney to prepare a Resolution of support for a national sculling training and competition site to be funded by December 5, 2006 31 the State Legislature through the St. Johns River Water Management District’s budget and approved that this Resolution be presented to the Legislative Delegation at the Indian River County meeting on December 14, 2006, as recommended in the memorandum of November 28, 2006. Joel Tyson , former Mayor of the City of Fellsmere, said he asked the legislature if anything could be done in the name of Governor Tom Brown, and Representative L. Ralph Poppell suggested this park be designated as a State park because if it was, it would make it a lot easier to fund. st George Bushinsky, 1825 21 Avenue, “heartily” endorsed this proposal. His only suggestion was to have accessible rowing facilities to the public, since this is going to be funded by public monies. 13.E. CJE.F-N OMMISSIONER OSEPH LESCHER ONE 13.F. CPD.O’B-N OMMISSIONER ETER RYAN ONE 14. SPECIAL DISTRICT AND BOARDS 14.A. EMERGENCYSERVICESDISTRICT-NONE 14.B. SOLIDWASTEDISPOSALDISTRICT The Chairman announced that immediately upon adjournment of the Board of County Commission Meeting, the Board would reconvene as the Board of December 5, 2006 32 Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately and appended to this document. 14.B.1. AMMO10,2006 PPROVAL OF INUTES EETING OF CTOBER 14.B.2. ABAIRCB#2006105,FE PPROVAL OF ID WARD FOR ID RONT ND WLTHGP, HEELED OADER WITH RASH ANDLER AND UARD ACKAGE UD/SWDD TILITIES EPARTMENTOLID ASTE ISPOSAL ISTRICT 14.B.3. RSS/GF ECYCLING ERVICES FOR CHOOLSOVERNMENT ACILITIES 14.B.4. FTR,I.(FTR)WT LORIDA IRE ECYCLING NC ASTE IRE A GREEMENT 14.C. ENVIRONMENTAL CONTROL BOARD - NONE 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 12:12 p.m. December 5, 2006 33 ATTEST: ________________ ________________________ Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman Minutes Approved: _________________ BCC/MIS/2006Minutes December 5, 2006 34