HomeMy WebLinkAbout02/13/2007 (3)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF FEBRUARY 13, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION COMMEMORATING STEP UP, FLORIDA! 2
5.B. PRESENTATION OF PROCLAMATION HONORING AFRICAN AMERICAN PIONEER
DAYFEBRUARY13, 2007 2
5.C. PRESENTATION OF PROCLAMATION HONORING 2-1-1 AWARENESS WEEK
FEBRUARY 11-18, 2007 3
5.D. PRESENTATION OF PROCLAMATION HONORING CARLITA HARVEY ON HER
RETIREMENT FROM INDIAN RIVER COUNTY DEPARTMENT OF UTILITY
SERVICES 3
5.E. PRESENTATION OF PROCLAMATION HONORING THE MEMORY OF ROBERT
"BOB" M. TENBUS FOR HIS MANY YEARS OF SERVICE ON VARIOUS BOARD AND
COMMITTEES 3
February 13, 2007 1
5.F. PRESENTATION BY CONSULTANT KURT SPITZER, INITIAL CONSULTATION WITH
BCC REGARDING HIS SERVICES AS FACILITATOR/CONSULTANT FOR
DEVELOPINGA CHARTER GOVERNMENT ORDINANCE 3
6. APPROVAL OF MINUTES 5
7. CONSENT AGENDA 5
7.A. APPROVAL OF WARRANTS-JANUARY26- FEBRUARY01, 2007 5
7.B. OUT OF COUNTY TRAVEL FOR COMMISSIONERS TO ATTEND FLORIDA
ASSOCIATION OF COUNTIES LEGISLATIVE DAYMARCH28, 2007 6
7.C. APPOINTMENT OF COMMISSIONER SANDRA BOWDEN TO THE SUSTAINABLE
TREASURE COAST, INC. COMMITTEE AS AN EX -OFFICIO MEMBER 6
7.D. 2007 ELECTION OF NORTH BARRIER ISLAND ONGOING REVIEW COMMITTEE
(NBIORC) CHAIRMAN AND VICE CHAIRMAN 7
7.E. RESIGNATION OF TOURIST INDUSTRY APPOINTEE TO THE ECONOMIC
DEVELOPMENT COUNCIL 7
7.F. RESIGNATION OF APPOINTEE INTERESTED IN TOURIST DEVELOPMENT TO THE
TOURIST DEVELOPMENT COUNCIL 7
7.G. PROCLAMATION HONORING GARY ALAN JACOBSON ON HIS RETIREMENT FROM
THE INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES 7
7.H. MODIFICATION TO MEMORANDUM OF UNDERSTANDING (MO U) BETWEEN THE
UNIVERSITY OF FLORIDA AND INDIAN RIVER COUNTY 8
7i SOLICITATION OF PROPOSALS FOR PROVIDING FOOD SERVICE 8
7.J. MISCELLANEOUS BUDGET AMENDMENT 010 9
7.K. APPROVAL OF WORK ORDER NO. 18 FOR SURVEYING SERVICES FROM
MASTELLER, MOLER, REED & TAYLOR, INC. TO LOCATE POTENTIAL
CONFLICTS BETWEEN EXISTING WATER AND SEWER UTILITIES AND PROPOSED
DRAINAGE FACILITIES RELATED WITH THE CR 512 PHASE IV IMPROVEMENTS,
PUBLIC WORKS PROJECT NO. 9611B 9
7.L. APPROVAL WORK ORDER NO. F 3 (ENGINEERING) WITH CTI -CONSTRUCTION
TESTING & INSPECTION, INC. PROVIDING PROFESSIONAL GEOTECHNICAL
February 13, 2007 2
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES
CONTRACT NO. 0534, INDIAN RIVER COUNTY PROJECT NO. 0201, INDIAN
RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS 10
7.M. APPROVAL WORK ORDER NO. 2 (ENGINEERING) WITH CTI -CONSTRUCTION
TESTING & INSPECTION, INC. PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES
CONTRACT NO. 0534, INDIAN RIVER COUNTY PROJECT NO. 0382, FELLSMERE
SIDEWALKPHASEII 10
7.N. APPROVAL WORK ORDER No. 1 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO.
0534, 16TH STREET BRIDGE AT 74THAVENUE(PROJECT NO. 9920B) 11
7.0. APPROVAL WORK ORDER NO. 2 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO.
0534, 56TH PLACE BRIDGE NORTH OF 53RD STREET (PROJECT NO. 0703) 11
7.P. APPROVAL WORK ORDER NO. 3 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO.
0534, 8TH STREET BRIDGE AT 74TH AVENUE (PROJECT NO. 03107-B) 12
7.Q. APPROVAL WORK ORDER NO. 4 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO.
0534, 13m STREET SW BRIDGE AT 58TH AVENUE (PROJECT NO. 0530 B) 13
7.R. FINAL RELEASE OF RETAINAGE, APPLIED TECHNOLOGY AND MANAGEMENT,
INC., CONTRACT AMENDMENTS #6AND #7 13
7.S. APPROVAL OF RIP/BID AWARD AND AGREEMENT FOR IRC BID # 2007009
LIBRARY AUTOMATION SYSTEM 14
7. T. APPROVAL OF CHANGE ORDER NO. 1 WITH UTILITIES LABOR CONTRACTOR
FOR UTILITY CONFLICT RESOLUTIONS ALONG US1 FROM WABASSO ROAD TO
HARRISON STREET 14
February 13, 2007 3
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES 15
A. INDIAN RIVER COUNTY SHERIFF ROY RAYMOND - 2007-2008 VICTIMS OF
CRIME ACT (VOCA) GRANT APPLICATION 15
9. PUBLIC ITEMS 15
9.A. PUBLIC HEARING 15
9.A.1. CHESNUT AND SMITH'S REQUEST TO REZONE +3.35 ACRES FROM CL TO CG
(QUASI-JUDICIAL) 15
9.A.2. UNITED INDIAN RIVER PACKERS LLC's REQUEST FOR APPROVAL OFA SMALL
SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT TO
REDESIGNATE 8.36ACRES FROML-2 TO C/I, AND TO REZONE THOSE 8.36
ACRES FROMRM-6 TO IL; AND HIGHPOINTE LLC'S REQUEST TO
REDESIGNATE 8.36ACRES FROM C/I TO L-1 (LEGISLATIVE) 16
9.B. PUBLIC DISCUSSION ITEMS 18
9.B.1. REQUEST TO SPEAK FROM JOSEPHPALADIN, CHAIRMAN, GROWTH
AWARENESS COMMITTEE REGARDING BONDING OUT FOR MAINTENANCE
BONDS, SITE OVER SITE PLAN MULTI -FAMILY, AND LEVEL OF BOND 18
9.B.2. REQUEST TO SPEAK FROM VICTOR HART REGARDING GIFFORD PARK
SECURITY HOUSE 18
9.C. PUBLIC NOTICE ITEMS 21
9. C.1. SCHEDULED FOR PUBLIC HEARING ONFEBRUARY 20, 2007 21
PUBLIC HEARING TO RECONSIDER THE GRANTING OF SPECIAL EXCEPTION USE
APPROVAL FOR A 100 -FOOT MONOPOLE WIRELESS COMMUNICATIONS TOWER TO
BE LOCATION AT 8000 26THSTREETAS PART OFA PROPOSED SETTLEMENT IN
THE CASE OFNEXTEL SOUTH, CORP. VS. INDIAN RIVER COUNTY (U.S DISTRICT
COURT, SOUTHERN DISTRICT) - (QUASI-JUDICIAL) 21
9. C.2. NOTICE OF SCHEDULED PUBLIC HEARING FOR FEBRUARY20, 2007: 21
BOARD CONSIDERATION TO APPROVE PURCHASE OF AGRICULTURAL CONSERVATION
EASEMENTS ON THE SEXTON RANCH UNDER THE COUNTY ENVIRONMENTAL
February 13, 2007 4
LAND ACQUISITION PROGRAM (CONTINUED FROM JANUARY 16, 2007) -
(ADMINISTRATIVE) 21
9. C.3. NOTICE OF SCHEDULED PUBLIC HEARING FOR FEBRUARY20, 2007: 21
ESTABLISHMENT OF THE WEST WABASSO STREETLIGHTING MUNICIPAL SERVICES
BENEFIT UNIT AND AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION
200.07 (LEGISLATIVE) 21
9. C.4. NOTICE OF SCHEDULED PUBLIC HEARING FOR FEBRUARY20, 2007: 22
AMEND CHAPTER 307, OF THE INDIAN RIVER COUNTY CODE BY CREATING SECTION
307.13, PROHIBITION OF ALL TERRAIN VEHICLE OPERATION ON UNPAVED
ROADWAYS (LEGISLATIVE) 22
10. COUNTY ADMINISTRATOR'S MATTERS - NONE 22
11. DEPARTMENTAL MATTERS 22
11.A. COMMUNITY DEVELOPMENT 22
11.A.1. APPEAL BY I AM MINISTRIES (THE SOURCE) OF A DECISION BY THE
PLANNING & ZONING COMMISSION TO UPHOLD AN APPEAL BY STEVEN & ERIN
METZAND OVERTURN DECISION BY COMMUNITY DEVELOPMENT STAFF
THAT THE NON -CONFORMING RESIDENTIAL TREATMENT CENTER USE AT 5925
37TH STREET DID NOT CEASE FOR MORE THAN ONE YEAR AND THAT THE USE
MAY CONTINUE UNDER DIFFERENT OWNERSHIP - (QUASI-JUDICIAL) 22
11.A.2. CENTURY REALTY FUNDS PANTHER IX, LLC'SAPPEAL OFA PLANNING AND
ZONING COMMISSION DECISION TO DENYA MAJOR SITE PLAN APPLICATION
TO CONSTRUCTA COMMERCIAL SHOPPING CENTER TO BEKNOWNAS CENTURY
TOWN CENTER - QUASI-JUDICIAL 25
11.B. EMERGENCY SERVICES - NONE 28
11. C. GENERAL SERVICES - NONE 28
11.D. HUMAN RESOURCES - NONE 28
11.E. HUMAN SERVICES - NONE 28
11.F. LEISURE SERVICES -NONE 28
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 28
February 13, 2007 5
11.H. RECREATION -NONE 28
11.L PUBLIC WORKS 28
11.L1. CONSIDERATION OF INTERSECTION IMPROVEMENTS TO SCHUMANNDRIVE
AND BARBER STREET 28
11.L2. WORK ORDER NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITHARCADIS G & M, INC. FOR LANE WIDENING OF 43RD
AVENUE FROM 25TH STREET S.W. TO OSLO ROAD (9TH STREET 5. W.) INDIAN
RIVER COUNTY PROJECT NO. 0702 29
11..1 UTILITIES SERVICES 30
1. WEST WABASSO COMMUNITY WATER PROJECT, PHASE I SHELTRA & SON, INC.
CHANGE ORDER NO. 1 TO CONTRACT 2006051 30
11.J.2. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID # 2007029
PHASEII FORCE MAIN WEST WASTEWATER TRANSMISSION SYSTEM -
UTILITIES DEPARTMENT 31
12. COUNTY ATTORNEY MATTERS 31
A. PROPOSED PROPERTY EXCHANGE, ABANDONMENT OF RIGHT-OF-WAY AT 1896
MOORING LINE DRIVE 31
13. COMMISSIONER ITEMS 32
13.A COMMISSIONER GARY C. WHEELER, CHAIRMAN 32
1. REQUEST FOR DISCUSSION REGARDING DECISION ONBOARD OF COUNTY
COMMISSION OFFICE STAFFING 32
13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR - NONE 34
13. C. COMMISSIONER WESLEY S. DAVIS 34
1. REQUEST FROM THE CITIZEN'S COALITION OF SOUTH MAINLAND TO PRESENT
THEIR CONCERNS REGARDING PROPOSED COMPREHENSIVE PLAN CHANGES
BY THE CITY OF PALM BAY 34
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 35
13.E. COMMISSIONER PETER D. O'BRYAN - NONE 35
February 13, 2007 6
14. SPECIAL DISTRICTS AND BOARDS 35
14.A. EMERGENCY SERVICES DISTRICT - NONE 35
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE 35
14. C. ENVIRONMENTAL CONTROL BOARD - NONE 35
15. ADJOURNMENT 35
February 13, 2007 7
February 13, 2007
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on
Tuesday, February 13, 2007, at 9:00 a.m. Present were Chairman Gary C. Wheeler, Vice Chair
Sandra L. Bowden, Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan.
Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II,
and Deputy Clerk Maria I. Suesz.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Rev. Kyle "K.C." Gibson, Senior Pastor, New Bethel African Methodist Episcopal
Church delivered the Invocation.
(Clerk's Note: WPBF News was present for a televised recording of Rev. Gibson
during the Invocation and later accepting a Proclamation.)
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher led the Pledge of Allegiance to the Flag.
February 13, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler requested the following changes to today's Agenda:
1. Add Item 5.F. — Presentation by Kurt Spitzer, initial consultation with
BCC regarding his services as Facilitator/Consultant for developing a
Charter Government Ordinance.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously made the
above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION COMMEMORATING STEP UP,
FLORIDA!
Commissioner Flescher read and presented the Proclamation to Jean Kline, County
Health Department Administrator.
5.B. PRESENTATION OF PROCLAMATION HONORING AFRICAN
AMERICAN PIONEER DAY FEBRUARY l3, 2007
Commissioner Davis read and presented the Proclamation to Rev. Kyle K. C.
Gibson.
(Clerk's Note: The Chairman called for a short break at 9:12 a.m., and he
reconvened the meeting at 9:23 a.m. with all members present.)
February 13, 2007 2
5.C. PRESENTATION OF PROCLAMATION HONORING 2-1-1 AWARENESS
WEEK FEBRUARY 11-18, 2007
Commissioner O'Bryan read and presented the Proclamation to a representative
from the 2-1-1 Palm Beach/Treasure Coast.
5.D. PRESENTATION OF PROCLAMATION HONORING CARLITA HARVEY
ON HER RETIREMENT FROM INDIAN RIVER COUNTY DEPARTMENT
OF UTILITY SERVICES
Vice Chair Bowden read and presented the Proclamation and Retirement Award to
Utilities Director Erik Olson, who accepted the Proclamation on behalf of Ms. Harvey.
5.E. PRESENTATION OF PROCLAMATION HONORING THE MEMORY OF
ROBERT "BOB" M. TENBUS FOR HIS MANY YEARS OF SERVICE ON
VARIOUS BOARD AND COMMITTEES
Chairman Wheeler read and presented the Proclamation to Mr. Tenbus's widow,
Mary.
5.F. PRESENTATION BY CONSULTANT KURT SPITZER, INITIAL
CONSULTATION WITH BCC REGARDING HIS SERVICES AS
FACILITATOR/CONSULTANT FOR DEVELOPING A CHARTER
GOVERNMENT ORDINANCE
Kurt Spitzer, Kurt Spitzer and Associates, Inc. using a PowerPoint Presentation
(copy on file) gave an overview of Charter Government. The most important point was that
Charters are adopted, amended or repealed only by voters of the County. He suggested that the
Board think about what type of draft they would give the public for input at hearings, prepare a
timeline for completion, and establish a date of Special Election.
February 13, 2007 3
Chairman Wheeler commented that they should address this, from his perspective,
as a "neighborhood" and look at what would be good for the County, and he felt the Charter would
help them do that. He said that they needed to have public support, and they needed the
opportunity to educate the public. He announced that Thursday at 2:00 p.m. at the City of Vero
Beach, Legal Counsel was coming down from the Florida League of Cities, and it would be a good
opportunity for people to listen to their side of the argument.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Wheeler, to schedule a
workshop where they would review the checklist, and start
putting together some components of the ordinance.
Under discussion, Vice Chair Bowden stated that she wanted more time to review
this before she made a decision. Chairman Wheeler felt they needed a draft ordinance as a basis to
work with.
Mr. Spitzer said he could prepare a document that codifies the current practice, and
at the workshop he would go through each section of the document and give the Board direction
where they may want to make changes, and advise how they can do that.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved to direct staff to
draft an ordinance, schedule workshops and start the
process.
February 13, 2007 4
6. APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meetings of December 19, 2007 and January 9, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of December 19, 2007,
as written and distributed.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of January 9, 2007, as
written and distributed.
7. CONSENT AGENDA
Chairman Wheeler asked that Item 7.I be pulled for discussion.
7.A. APPROVAL OF WARRANTS - JANUARY 26 - FEBRUARY 01, 2007
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
January 26 — February 01, 2007, as requested in the
memorandum of February 1, 2007.
February 13, 2007 5
7.B. OUT OF COUNTY TRAVEL FOR COMMISSIONERS TO ATTEND
FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE DAY MARCH
28.2007
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously authorized
out of county travel for all Commissioners and staff to
attend the Florida Association of Counties (FAC) 2007
Legislative Day in Tallahassee on March 28, 2007, as
requested in the memorandum of February 1, 2007.
7.C. APPOINTMENT OF COMMISSIONER SANDRA BOWDEN TO THE
SUSTAINABLE TREASURE COAST, INC. COMMITTEE AS AN
EX -OFFICIO MEMBER
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the appointment of Vice Chair Bowden to the newly
formed not-for-profit organization, Sustainable Treasure
Coast, Inc. as an ex -officio member of the Board, as
requested in the memorandum of February 6, 2007.
February 13, 2007 6
7.D. 2007 ELECTION OF NORTH BARRIER ISLAND ONGOING REVIEW
COMMITTEE (NBIORC) CHAIRMAN AND VICE CHAIRMAN
The Board noted for the record the re-election of Bill Glynn as Chairman and Bob
Johnson as Vice Chairman of the NBIORC.
7.E. RESIGNATION OF TOURIST INDUSTRY APPOINTEE TO THE
ECONOMIC DEVELOPMENT COUNCIL
The Board noted for the record the resignation of Tourist Industry Appointee Mr.
Robert Tenbus to the Economic Development Council.
7.F. RESIGNATION OF APPOINTEE INTERESTED IN TOURIST
DEVELOPMENT TO THE TOURIST DEVELOPMENT COUNCIL
The Board noted for the record the resignation of Appointee interested in Tourist
Development to the Tourist Development Council Mr. Robert Tenbus.
7.G. PROCLAMATION HONORING GAR YALAN JACOBSON ON HIS
RETIREMENT FROM THE INDIAN RIVER COUNTY DEPARTMENT OF
UTILITY SERVICES
The Board noted the Proclamation for the record.
February 13, 2007 7
7.H. MODIFICATION TO MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE UNIVERSITY OF FLORIDA AND INDIAN RIVER
COUNTY
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously authorized
the County Attorney's office to draft an amendment to the
existing Memorandum of Understanding to allow an
addition of funding ($2,000) to support the salary for the
proposed horticultural agent with the cost to come from
savings of the County health insurance for that agent; and
authorized the County Administrator to execute the
amended Memorandum of Understanding once approved
by the County Attorney, as recommended in the
memorandum of February 6, 2007.
7.1. SOLICITATION OF PROPOSALS FOR PROVIDING FOOD SERVICE
Chairman Wheeler wanted to know if it would be worth their while to set a "target
rate" for bidders to lease the concession area in the new County Administration Building.
Administrator Baird responded that could be done. He informed the Chairman that they do not
charge rent, but they have seen interest from vendors in the past, and they intend to open the
request for proposals (RFP) to the public.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Wheeler, the Board unanimously authorized the
County Administrator or his designee to find a low/high
February 13, 2007 8
range value to lease, and to proceed with the preparation of
a request for proposals to provide food services within the
new County Administration Building, as recommended in
the memorandum of February 7, 2007.
7.J. MISCELLANEOUS BUDGET AMENDMENT 010
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-008, amending the fiscal year 2006-2007
Budget.
7.K. APPROVAL OF WORK ORDER No. 18 FOR SURVEYING SERVICES
FROMMASTELLER, MOLER, REED & TAYLOR, INC. TO LOCATE
POTENTIAL CONFLICTS BETWEEN EXISTING WATER AND SEWER
UTILITIES AND PROPOSED DRAINAGE FACILITIES RELATED WITH
THE CR 512 PHASE IV IMPROVEMENTS, PUBLIC WORKS PROJECT
No. 9611E
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the project for a total amount of $4,800.00 and authorized
the Chairman to execute Work Order No. 18, as
recommended in the memorandum of February 2, 2007.
WORK ORDER NO. 18 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
February 13, 2007 9
7.L. APPROVAL WORK ORDER No. 1-3 (ENGINEERING) WITH
CTI -CONSTRUCTION TESTING & INSPECTION, INC. PROVIDING
PROFESSIONAL GEOTECHNICAL SERVICES IN ACCORDANCE WITH
THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO. 0534,
INDIAN RIVER COUNTY PROJECT NO. 0201, INDIAN RIVER DRIVE
SOUTH SIDEWALK IMPROVEMENTS
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 2 3 (Engineering) authorizing the project
as outlined in the scope of services, and authorized the
Chairman to execute the Work Order for fee not -to -exceed
$1,994.00, as recommended in the memorandum of
January 31, 2007.
WORK ORDER NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.M. APPROVAL WORK ORDER No. 2 (ENGINEERING) WITH
CTI -CONSTRUCTION TESTING & INSPECTION, INC. PROVIDING
PROFESSIONAL GEOTECHNICAL SERVICES IN ACCORDANCE WITH
THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO. 0534,
INDIAN RIVER COUNTY PROJECT NO. 0382, FELLSMERE SIDEWALK
PHASE II
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
February 13, 2007 10
Work Order No. 2 (Engineering) authorizing the project as
outlined in the scope of services, and authorized the
Chairman to execute the Work Order for fee not -to -exceed
$2,662.29, as recommended in the memorandum of
January 31, 2007.
WORK ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.N. APPROVAL WORK ORDER No. I (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES CONTRACT NO. 0534, 16' STREET BRIDGE AT 74111
AVENUE (PROJECT No. 9920B)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 1 (Engineering) authorizing the project as
outlined in the scope of services and authorized the
Chairman to execute the Work Order for fee not -to -exceed
$4,724.00, as recommended in the memorandum of
January 31, 2007.
WORK ORDER NO. IIS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.0. APPROVAL WORK ORDER No. 2 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
February 13, 2007 11
SERVICES CONTRACT NO. 0534, 56TH PLACE BRIDGE NORTH OF 53RD
STREET PROJECT NO. 0703)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 2 (Engineering) authorizing the project as
outlined in the scope of services and authorized the
Chairman to execute the Work Order for fee not -to -exceed
$7,226.50, as recommended in the memorandum of
January 31, 2007.
WORK ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.P. APPROVAL WORK ORDER No. 3 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES CONTRACT NO. 0534, 8111 STREET BRIDGE AT 74TH
AVENUE (PROJECT No. 03107--B)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 3 (Engineering) authorizing the project as
outlined in the scope of services and authorized the
Chairman to execute the Work Order for fee not -to -exceed
$4,724.00, as recommended in the memorandum of
January 31, 2007.
February 13, 2007 12
WORK ORDER NO. 3 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.Q. APPROVAL WORK ORDER No. 4 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES CONTRACT NO. 0534, 13TH STREET SW BRIDGE AT 58111
AVENUE (PROJECT No. 0530-B)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Work Order No. 4 (Engineering) authorizing the project as
outlined in the scope of services and authorized the
Chairman to execute the Work Order for fee not -to -exceed
$4,724.00, as recommended in the memorandum of
January 31, 2007.
WORK ORDER NO. 4 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
7.R. FINAL RELEASE OF RETAINAGE, APPLIED TECHNOLOGY AND
MANAGEMENT, INC., CONTRACT AMENDMENTS #6 AND #7
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the application for final release of retainage, as
recommended in the memorandum of January 23, 2007.
February 13, 2007 13
7.S. APPROVAL OF RFP/BID AWARD AND AGREEMENT FOR IRC BID #
2007009 LIBRARY AUTOMATION SYSTEM
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously accepted
Polaris Library Systems as the vendor, and authorized the
Chairman to execute the contract with Polaris upon final
approval by the County Attorney and the County
Administrator of the draft contract for an amount not to
exceed $162,084.00, as recommended in the memorandum
of February 7, 2007.
7.T. APPROVAL OF CHANGE ORDER No. I WITH UTILITIES LABOR
CONTRACTOR FOR UTILITY CONFLICT RESOLUTIONS ALONG USI
FROM WABASSO ROAD TO HARRISON STREET
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 1 in the amount of $35,669.80 for
additional labor; approved the total cost of the project as
$289,072.21; and authorized the Chairman to execute
Change Order No. 1, as recommended in the memorandum
of February 2, 2007.
CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
February 13, 2007 14
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
A. INDIAN RIVER COUNTY SHERIFF ROY RAYMOND - 2007-2008
VICTIMS OF CRIME ACT (VOCA) GRANT APPLICATION
ON MOTION by Commissioner Flescher, SECONDED by
Chairman Wheeler, the Board unanimously authorized the
Sheriff to complete the application for the Victims of Crime
Act (VOCA) Grant, and the Finance Office grant form, as
recommended in the memorandum of February 5, 2007.
9. PUBLIC ITEMS
9.A. PUBLIC HEARING
9.A.1. CHESNUT AND SMITH'S REQUEST TO REZONE ±3.35 ACRES FROM
CL 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 Bob Keating gave his presentation stating that
the purpose of the rezoning from CL to CG is so the properties could accommodate a more diverse
type of uses. The Planning and Zoning Commission voted (7-0) recommending that the Board
approve this rezoning.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
February 13, 2007 15
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Ordinance 2007-003, amending the zoning ordinance and
the accompanying zoning map for ±3.35 acres located east
of U. S. Highway 1 and approx. 1000 ft. south of 77th Street,
from CL, Limited Commercial District, to CG, General
Commercial District; and providing codification,
severability, and effective date.
9.A.2. UNITED INDIAN RIVER PACKERS LLC'S REQUEST FOR APPROVAL
OF A SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE
MAP AMENDMENT TO REDESIGNATE 8.36 ACRES FROM L-2 TO C/I,
AND TO REZONE THOSE 8.36 ACRES FROMRM-6 TO IL; AND
HIGHPOINTE LLC'S REQUEST TO REDESIGNATE 8.36 ACRES FROM
C/I TO L-1 (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating made his presentation stating that
the proposal includes a small scale land use amendment and rezoning by re -designating 8.36 acres
on subject property 1 from L-2 to C/I, rezoning those 8.36 acres from RM -6 to IL; and
re -designating 8.6 acres on subject property 2 from C/I to L-1.
The Chairman opened the public hearing. There were no speakers, and the Chairman
closed the public hearing.
February 13, 2007 16
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and adopted the following Ordinances:
Ordinance 2007-004, amending the Future Land Use
Element of the Comprehensive Plan by Changing the Land
Use Designation for ±8.36 acres located west of Old Dixie
Hwy and north of 77th Street, from L-2, low-density
residential -2 (up to 6 units/acre), to C/I, Commercial
Industrial; and providing codification, severability, and
effective date.
Ordinance 2007-005, amending the Future Land Use
Element of the Comprehensive Plan by changing the land
use designation for ±8.36 acres located approximately 1700
feet south of 65th Street and 800 feet west of Old Dixie
Hwy, from C/I, commercial industrial, to L-1, low-density
residential -1 (up to 3 units/acre); and providing
codification, severability, and effective date.
Ordinance 2007-006, amending the zoning ordinance and
zoning map for ±8.36 acres located west of Old Dixie Hwy
and north of 77th Street, from RM -6, multiply family
residential district (up to 6 units/acre), to IL, light industrial
district; and providing codification, severability, and
effective date.
February 13, 2007 17
9.B. PUBLIC DISCUSSION ITEMS
9.B.1. REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN, GROWTH
A WARENESS COMMITTEE REGARDING BONDING OUT FOR
MAINTENANCE BONDS, SITE OVER SITE PLAN MULTI -FAMILY, AND
LEVEL OF BOND
Joseph Paladin, President of the Growth Awareness Committee, wanted to discuss
bonding out for maintenance bonds and to ask the Board to revise the Ordinance changing the A
plus XI rating to A plus VII. After he conducted research, he found that you cannot get a rating of
A plus XI. He addressed this with Administrator Baird and he recommended it be brought back to
the Board to make sure that it is correct.
County Attorney Collins said they could go as low as A plus VII, provided it is
consistent with the County Administrator's policy standards.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized County Attorney Collins to draft a revision to
the maintenance bonding Ordinance 2005-032, to reflect a
target of A plus VII.
9.B.2. REQUEST TO SPEAK FROM VICTOR HART REGARDING GIFFORD
PARK SECURITY HOUSE
Victor Hart spoke to the Board regarding their action taken February 5, 2006 to
deny the Gifford Park Security House project. He asked the Board to reconsider awarding the
February 13, 2007 18
project to the lowest bidder and put the Gifford Park Security House project back on schedule
because the building belongs to the County.
Commissioner Flescher said he was looking at other options, but the option to spend
$127,000 to build the home and then maintain the home would not be in the best interest of the
taxpayer. He was looking at the additional $77,000.00 and did not know where the funds would be
coming from.
Commissioner Davis showed concern that this was set in place by the former
Commissioners, and he felt they needed to follow through with it.
MOTION WAS MADE by Vice Chair Bowden,
SECONDED by Commissioner Davis, for discussion, to
put the project back on target.
Commissioner Davis asked the Board to allow him 30 days to reorganize the project
so it could be built, should they vote to deny this request.
The Board accepted input from former Commissioner Lowther who provided the
project's history, and stressed it was wrong for the Board to deny.
Commissioner Flescher made Mr. Hart aware that on February 5th the reason for his
dissenting vote was that $127,000.00 of taxpayer funds would set precedence, and that it would
happen at other locations. He wanted to see a developer's agreement, or a developer's
cooperative, and to look at a different type of structure. He did not believe the ultimate goal of
security was being achieved by that building.
February 13, 2007 19
Freddie Woolfork, 4590 57th Avenue, wanted to be a sounding board for the
Commissioners and wished they talked to him before they got to this juncture. He suggested they
lay out a format where they could discuss issues.
Commissioner O'Bryan clarified that the intent of the motion was to award the low
bidder (Passage Island Homes, Inc.) as staff recommended in their memorandum dated January
29, 2007 (on file with the backup of February 5, 2007 meeting) and move forward.
Discussion ensued and Chairman Wheeler stated he wanted to give Commissioner
Davis 30 days to fund the project. Vice Chair Bowden said if Commissioner Davis raised the funds
he could donate it to this project. Attorney Collins confirmed that she was correct.
Chairman Wheeler CALLED THE QUESTION and the
Motion carried unanimously. The Board approved to put
the project back on target, awarding the bid to Passage
Island Homes, Inc. in the amount of $137,680.00, as the
lowest most responsive and responsible bidder meeting the
specifications, including the exceptions approved by the
Public Works Department, as set forth in the Invitation to
Bid. In addition, the Board approved the agreement and
authorized the Chairman to execute same, including the
exceptions noted, when required performance and payment
bonds have been submitted along with appropriate
certificate of insurance and the County Attorney has
approved the agreement as to form and legal sufficiency.
The Chairman called for a recess at 11:01 a.m. and he reconvened the meeting at
11:21 a.m. with all members present.
February 13, 2007 20
9.C. PUBLIC NOTICE ITEMS
9. C.1. SCHEDULED FOR PUBLIC HEARING ON FEBRUARY 20 ,
2007
PUBLIC HEARING TO RECONSIDER THE GRANTING OF SPECIAL
EXCEPTION USE APPROVAL FOR A 100 -FOOT MONOPOLE WIRELESS
COMMUNICATIONS TOWER TO BE LOCATION AT 8000 26TH STREET AS
PART OF A PROPOSED SETTLEMENT IN THE CASE OF NEXTEL SOUTH,
CORP. VS. INDIAN RIVER COUNTY (U.S. DISTRICT COURT,
SOUTHERN DISTRICT) — (QUASI -.JUDICIAL)
9.C.2. NOTICE OF SCHEDULED PUBLIC HEARING FOR FEBRUARY 20,
2007:
BOARD CONSIDERATION TO APPROVE PURCHASE OF AGRICULTURAL
CONSERVATION EASEMENTS ON THE SEXTON RANCH UNDER THE
COUNTY ENVIRONMENTAL LAND ACQUISITION PROGRAM
(CONTINUED FROM JANUARY 16, 2007) - (ADMINISTRATIVE)
9.C.3. NOTICE OF SCHEDULED PUBLIC HEARING FOR FEBRUARY 20,
2007:
ESTABLISHMENT OF THE WEST WABASSO STREETLIGHTING
MUNICIPAL SERVICES BENEFIT UNIT AND AMENDMENT TO INDIAN
RIVER COUNTY CODE SECTION 200.07 (LEGISLATIVE)
February 13, 2007 21
9. C 4. NOTICE OF SCHEDULED PUBLIC HEARING FOR FEBRUARY 20,
2007:
AMEND CHAPTER 307, OF THE INDIAN RIVER COUNTY CODE BY
CREATING SECTION 307.13, PROHIBITION OF ALL TERRAIN
VEHICLE OPERATION ON UNPAVED ROADWAYS (LEGISLATIVE)
The Chairman read the notices into the record.
10. COUNTY ADMINISTRATOR'S MATTERS - NONE
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT
11.A.1. APPEAL BY AM MINISTRIES THE SOURCE) OFA DECISIONBY
THE PLANNING & ZONING COMMISSION TO UPHOLD AN APPEAL BY
STEVEN & ERINMETZAND OVERTURNA DECISIONBY COMMUNITY
DEVELOPMENT STAFF THAT THE NON -CONFORMING RESIDENTIAL
TREATMENT CENTER USE AT 5925 37' STREET DID NOT CEASE
FOR MORE THAN ONE YEAR AND THAT THE USE MAY CONTINUE
UNDER DIFFERENT OWNERSHIP — (QUASI -.JUDICIAL)
The Clerk swore in the speakers.
February 13, 2007 22
Planning Director Stan Boling presented this matter as written in his memorandum
of February 7, 2007, asking the Board to look at two issues: (1) was the Metz appeal timely; and
(2) how does the non -conformity regulations apply in this particular case. This appeal is from The
Source and they listed several contentions. It was staff's opinion that the Planning & Zoning
Commission (P&Z) did fail in their analysis on how they applied the non -conformity regulations.
Staff recommended that the Board grant the appeal, overturn P&Z's decision, and allow the The
Source to proceed on the site as a residential treatment center, based on the post disaster criteria.
He asked the Board to focus on: (1) whether the Metz appeal was timely; (2) did the use cease for
a continued period of one year; and (3) does the post disaster reconstruction provision apply to the
repair, reconstruction and reuse of this facility. He asked Attorney Collins to make a presentation
on the "timeliness of the appeal" issue, when appropriate. He responded to questions from the
Board.
Attorney Michael O'Haire interrupted Mr. Boling objecting to any reference being
made to the chronology evidence, because according to him it was inaccurate.
Chairman Wheeler announced that it was not a public hearing, however, everyone
would be heard. He asked the public not to applaud, be polite and courteous, and to direct their
comments only on the subject matter as defined by staff
Steve Henderson, Esq. Collins, Brown, Caldwell, Barkett & Garavaglia,
Chartered, had a fourth element that had been raised in the appeal. It was what the Law would call
"estopped" from revoking the approval that was granted by the Community Development Director
on July 10, 2006. There was "estoppel" because The Source relied on that letter in taking certain
actions, including the purchase of the property.
Attorney Collins thought their argument on "estoppel" needed to be focused on the
period between July, when they purchased the property, and the end of October. When the appeal
February 13, 2007 23
was filed November 1, 2006, he thought they were put on notice of any appeals ongoing, and any
action subsequent to that would be at their own risk.
Douglas Vitunac, Esq., also from Collins, Brown, Caldwell, Barkett & Garavaglia,
Chartered, did not think that would be a problem. He stated they could show detrimental reliance
before November 1, 2006. He proceeded using a PowerPoint presentation covering the timeline of
important dates, and the timeliness of the Appeal. Their position was that the appeal was filed two
days late with the County.
Michael O'Haire, Esq., argued that his letter was filed on time.
Attorney Collins agreed with Attorney O'Haire that the appeal was filed timely, but
technically it was a deficient appeal, based on fact that it was filed without the filing fee. He
advised the Board not to hear the appeal.
Discussion ensued regarding the argument The Source was making, that it is
jurisdictional and the Board does not have the power to hear the appeal.
Chairman Wheeler felt this issue failed because people were not properly notified.
He said they need to change their rules to correct this deficiency, and when the grandfather clause
is in effect and people are notified.
Vice Chair Bowden wanted to know what their legal position was at this moment.
Craig Kobeloski, a resident who lives behind the subject property, argued the
unfairness to the matter of not hearing the public's input.
February 13, 2007 24
Commissioner Davis recognized that one side was going to win on a technicality,
and Commissioner Wheeler agreed. Based on this being a legal action, Chairman Wheeler felt that
the Board needed to take the advise of their legal counsel and not hear the appeal.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Vice Chair Bowden, to not hear the
appeal.
Under discussion, Commissioner O'Bryan expressed a desire to proceed with
hearing additional testimony and then letting the Courts decide. Commissioner Flescher agreed.
The Chairman CALLED THE QUESTION, and the
Motion carried, by a 3-2 vote (Commissioner O'Bryan and
Flescher opposed). The Board agreed not to hear the
appeal based on the County Attorney's advice that the
appeal was a deficient appeal because it was filed without
the appropriate filing fee.
Clerk's note: The Chairman called for a recess at 12:57 p.m. and he reconvened the
meeting at 1:11 p.m. with all members present.
11.A.2. CENTURY REALTY FUNDS PANTHER IX, LL C'SAPPEAL OF A
PLANNING AND ZONING COMMISSION DECISION TO DENYA MAJOR
SITE PLAN APPLICATION TO CONSTRUCT A COMMERCIAL
SHOPPING CENTER TO BE KNOWN AS CENTURY TOWN CENTER —
QUASI-JUDICIAL
The Clerk swore in the speakers.
February 13, 2007 25
Planning Director Stan Boling presented this item to the Board. The Planning and
Zoning Commission denied the site plan application because of concerns with the SR -60 and 58th
Avenue intersection impact requirements. Staff recommended the Board overturn the decision of
P&Z, with conditions, and to grant the appeal. He responded to questions from the Board.
Bruce Barkett, Esq., representing Century Realty Funds Panther IX, LLC, brought
a court reporter to record his presentation. He thought there was confusion or perhaps a lack of
information on the part of the applicant at the P&Z meeting, because they did not know what
information was going to be required, since they did have a signed developer's agreement. He
asked questions on this issue of the Community Development Director Bob Keating and Assistant
Public Works Director Chris Mora, in an effort to clear up the confusion, and prove that the
application satisfies all the standards in the Code, including the standards for concurrency and for
the intersection.
Clerk's Note: Mr. Barkett handed the Clerk copies of the Developers' Agreements
(Equity Investments, LLC, RJP Development Company Stoneybrook Farm Group, LLC, Lennar
Homes, Inc., Odyssey (II) DP V LLC, DiVosta Homes and L.P. for Waterway Village.
Upon the request of Mr. Barkett, Attorney Collins related that he felt the
Commission did not receive a good answer as to when the intersection improvements would be in
place. Based on that, he advised the P&Z Commission (at its meeting) that they would have a
reason to turn down the application. Since that meeting, he changed his opinion based on the fact
that the improvements are scheduled in the first three years of the Capital Improvement Plan, and
to some extent are funded. Mr. Barkett introduced Neil Comby, Century Realty Funds Panther
IX, LLC, who advocated the applicant's interest in the Board's decision.
February 13, 2007 26
Commissioner Davis expressed concern about the plans for improvement at
intersection SR -60 and 58th Avenue. Assistant Public Works Director Chris Mora displayed a
spreadsheet displaying the Capital Improvement Element (see page 397.B.).
The Board heard input from Bob Bruce, Chair of P&Z, who confirmed the
Commission's position stating that they did rely on the three years in the construction plan, and
they did not have a "warm fuzzy feeling" that it was going to occur. He said they were told that the
construction cost was around $50 million dollars, and he did not see those figures displayed today.
Chuck Mechling, Pointe West, addressed the concept of the Towne Centre element
of Pointe West that was approved back in 1998, and he assumed staff would not approve the
impact fees now, because as they move forward concurrency becomes an issue. He mentioned he
was waiting until the Board works through the SR -60 improvements issue before he brought this
item forward, hoping it to be non -controversial.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Davis, to deny the decision
of the Planning and Zoning Commission, and accept staff's
recommendation.
Under discussion, Chairman Wheeler thought the increase in traffic at this
intersection is going to come from persistent and continuous growth in the County. He did not see
the project actually increasing traffic.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board found that the Planning
and Zoning Commission failed to adequately evaluate the
site plan application with respect to the County's
intersection impact requirements; overturned the Planning
February 13, 2007 27
and Zoning Commission's decision to deny the major site
plan application; and approved the application with the
conditions recommended by staff in its report to the
Planning and Zoning Commission, as recommended in the
memorandum dated February 7, 2007.
Mr. Barkett mentioned that Kimley-Horn and Associates is also doing an
alternative corridor study to see how to take traffic outside of the intersection.
11.B. EMERGENCY SERVICES - NONE
11.C. GENERAL SERVICES - NONE
11.D. HUMAN RESOURCES - NONE
11.E. HUMAN SERVICES - NONE
11.F. LEISURE SERVICES - NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION- NONE
11.1. PUBLIC WORKS
11.1.1. CONSIDERATION OF INTERSECTION IMPROVEMENTS TO SCHUMANN
DRIVE AND BARBER STREET
February 13, 2007 28
Public Works Director Jim Davis presented this matter to the Board as defined in his
memorandum dated January 31, 2007. Staff's recommendation is to expand the intersection of
Schumann Drive and Barber Street as a separate project as to not delay portions of CR -510 and
66th Avenue construction.
Sebastian City Manager Al Minner concurred with staff's recommendation
Alternative #1, with the caveat that the construction and refurbishment of Schumann and Barber
Street continue to move forward. He wanted it on record that the City of Sebastian feels that this
project should be a fully funded MPO project. Mr. Minner responded to questions from the
Commissioners (copy on file).
Administrator Baird understood Mr. Minner's opinion, but showed concern should
the State Legislature limits their budget. He felt they should move ahead with the project design
and make a decision later.
Discussion ensued regarding funding of this project.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Alternative No. 1, expanding intersection of Schumann
Drive and Barber Street with separate project as to not
delay portions of CR 510 and 66th Avenue construction, as
recommended in the memorandum of January 31, 2007.
11.1.2. WORK ORDER No. 2 TO THE PROFESSIONAL ENGINEERING
SERVICES AGREEMENT WITHARCADIS G & M, INC. FOR LANE
February 13, 2007 29
WIDENING OF 43RD AVENUE FROM 25TH STREET S.W. TO OSLO
ROAD (9TH STREET S. W) INDIAN RIVER COUNTY PROJECT NO.
0702
Public Works Director Jim Davis responded to questions from the Commissioners
regarding the grid system.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Alternative No. 1 authorizing the Chairman to execute
Work Order No. 2 with Arcadis G & M, Inc. and directed
staff to pursue purchase of right-of-way on west side of 43rd
Avenue, as recommended in the memorandum of February
6, 2007.
WORK ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
11.J. UTILITIES SERVICES
I. WEST WABASSO COMMUNITY WATER PROJECT, PHASE I SHELTRA & SON,
INC. CHANGE ORDER No. I TO CONTRACT 2006051
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Change Order No. 1 to Sheltra and Son Constru7tion Co.,
February 13, 2007 30
Inc. in the total amount of $30,370.00; and authorized the
Chairman to execute approved Change Order No. 1 to IRC
Contract 2006051, as recommended in the memorandum of
January 26, 2007.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
11.J.2. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID
# 2007029 PHASE II FORCE MAIN WEST WASTEWATER
TRANSMISSION SYSTEM — UTILITIES DEPARTMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the bid be awarded to SPS Contracting, Inc., as the lowest
most responsive and responsible bidder meeting the
specification as set forth in the Invitation to Bid; approved
the sample agreement; and authorized the Chairman to
execute said agreement when required performance and
payment bonds have been submitted along with appropriate
certificate of insurance and the County attorney has
approved the agreement as to form and legal sufficiency, as
recommended in the memorandum of January 31, 2007.
12. COUNTY ATTORNEY MATTERS
A. PROPOSED PROPERTY EXCHANGE, ABANDONMENT OF
RIGHT-OF-WAY AT 1896 MOORING LINE DRIVE
February 13, 2007 31
Assistant County Attorney Bill DeBraal presented this item to the Board as outlined
in his memorandum dated February 7, 2007. Basil and Donna Keller found that after completing
renovations to their house they were three (3) feet into the easement in their front yard. The
County is going to abandon 3 feet through the right-of-way process; in exchange the Kellers would
dedicate this property to the County for the expansion of 74th Avenue. Also, he would like
direction to proceed with the abandonment in the property swap, also recommending to the
building department issuance of a temporary certificate of occupancy.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved for
staff to proceed with the abandonment of the right-of-way
and acquisition of the 74th Avenue right-of-way; directed
the Building Department to issue a conditional or
temporary certificate of occupancy to permit the Kellers to
move into their residence during the pendency of their
right-of-way abandonment process, as recommended in the
memorandum of February 7, 2007.
13. COMMISSIONER ITEMS
13.A COMMISSIONER GARY C. WHEELER, CHAIRMAN
1. REQUEST FOR DISCUSSION REGARDING DECISION ON BOARD OF
COUNTY COMMISSION OFFICE STAFFING
Chairman Wheeler wanted direction from the Board to put the staffing matter "to
rest" so people will feel comfortable taking a position with the County.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to direct
February 13, 2007 32
Administrator Baird, who in turn would direct the Human
Resources Director Jim Sexton to perform an in-depth
feasibility study, which would include the adjoining
Counties, as well as ours, and bring back options to the
Board within 60 days.
Under discussion, Chairman Wheeler agreed staff should come back with an
objective point of view about how to efficiently operate the office by looking at other systems and
see if there is something that they could improve on. He wanted the Commission to discuss pros
and cons, and likes and dislikes, at that time. He did not want the Commissioners to give Mr.
Sexton direction of what they would want. He also wanted to see different plans and different
office management styles.
Vice Chair Bowden wanted the responsibility of minutes taken at Committee
meetings by the Commission office staff disseminated elsewhere.
Human Resources Director Jim Sexton said in order for him to come back to the
Board, he needed to know what they wanted and needed, and he said he would meet with the
Board, study other Counties, including salaries, and would come back with options.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved direction to
Administrator Baird, who in turn would direct the Human
Resources Director Jim Sexton to perform an in-depth
feasibility study, which would include the adjoining
Counties, as well as ours, and bring back options to the
Board within 60 days.
February 13, 2007 33
13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR - NONE
13.C. COMMISSIONER WESLEY S. DAVIS
I. REQUEST FROM THE CITIZEN'S COALITION OF SOUTH MAINLAND
TO PRESENT THEIR CONCERNS REGARDING PROPOSED
COMPREHENSIVE PLAN CHANGES BY THE CITY OF PALM BAY
Commissioner Davis presented concerns of the Citizens' Coalition of South
Mainland regarding the City of Palm Bay's 20 proposed Comprehensive Plan Amendments which
were submitted to DCA, affecting density and land use changes, and the effect that the changes
would have on Indian River County.
Clerk's Note: The Chairman called for a recess at 2:44 p.m. and he reconvened the
meeting at 2:57 p.m. with all members present.
Vicki Benoit, President of Citizens Coalition of South Mainland, using a
PowerPoint presentation (copy on file) summarized the amendments and the affect on surrounding
communities, focusing on Indian River County. Their concerns are on the impact of the
environmental lands and traffic. There are 8 amendments of critical concern to the Coalition and
Indian River County.
Discussion ensued by the Commissioners regarding communication from Brevard
County, and St. Lucie County. Chairman Wheeler suggested sending a letter to the City of Palm
Bay telling them their interest in keeping apprised of growth in their City.
February 13, 2007 34
Diane McCauley, President of Micco Homeowners Association, continued the
presentation regarding the water supply. She stated the total proposed units is 22,550 and that is
another 5 million gallons of water a day.
Commissioner Davis believed the water sources Palm Bay was looking at are across
from their jurisdictional boundaries, using a reservoir in Indian River as their water supply. This
was the reason he wanted to bring this to the Board's attention, and felt it was time they sat down
with Palm Bay as they have done with the other surrounding counties.
The CONSENSUS was to schedule a joint meeting with the
City of Palm Bay within the next 30 days, to become
apprised of their growth plans.
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
13.E. COMMISSIONER PETER D. O'BRYAN - 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
February 13, 2007 35
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 3:19 p.m.
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
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/MIS/2007Minutes
February 13, 2007 36