HomeMy WebLinkAbout02/06/2007 (3)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF FEBRUARY 6, 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 - NONE 2
6. APPROVAL OF MINUTES 2
REGULAR MEETING OF DECEMBER 5, 2006 2
REGULAR MEETING OF DECEMBER 12, 2006 2
7. CONSENT AGENDA 3
7.A REPORTS PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD: 3
1. ANNUAL FINANCIAL REPORT OF UNITS OF LOCAL GOVERNMENT AND THE
ANNUAL POST AUDIT REPORT FOR 2005-2006 FISCAL YEAR FOR THE
SEBASTIAN INLET DISTRICT COMMISSION. 3
2. INDIAN RIVER FARMS WATER CONTROL DISTRICT - ANNUAL LOCAL
GOVERNMENT FINANCIAL REPORT AND THE AUDITED FINANCIAL
STATEMENTS FOR THE YEAR ENDED SEPTEMBER 30, 2006 3
1
February 6, 2007
7.B. APPROVAL OF WARRANTS - JANUARY 12-18, 2007 4
7.0 APPROVAL OF WARRANTS - JANUARY 19 - 25, 2007 4
7.D. QUARTERLY IN VESTMENT REPORT 5
7.E. 2007 ELECTION OF ENVIRONMENTAL CONTROL HEARING BOARD (ECHB)
CHAIRMANAND VICE CHAIRMAN 6
7.F. 2007 ELECTION OF CODE ENFORCEMENT BOARD (CODE) CHAIRMAN AND
VICE CHAIRMAN 6
7.G. 2007 ELECTION OF PROFESSIONAL SERVICES ADVISORY COMMITTEE (PSAC)
CHAIRMANAND VICE CHAIRMAN 6
7.H. 2007 ELECTION OF CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
(CBAA) CHAIRMANAND VICE CHAIRMAN 6
7i OUT OF COUNTY TRAVEL ASSOCIATED WITH SERVING ON THE TREASURE COAST
REGIONAL PLANNING COUNCIL'S FLORIDA REGIONAL COUNCIL 7
7.J. DEED EXCHANGE - KEN MCKELLAR PARCEL AT THE NORTH COUNTY REGIONAL
WASTEWATER TREATMENT FACILITYEFFLUENT DISPOSAL SITE 7
7.K. MISCELLANEOUS BUDGET AMENDMENT 009 7
7.L. IRC JAIL EXPANSION PROJECT DEDUCTIVE CHANGE ORDER NUMBER 7 8
7.M. GRANT OF EASEMENT BY INDIAN RIVER COUNTY TO THE CITY OF VEROBEACH
FOR PUBLIC UTILITIES -EMERGENCY OPERATIONS CENTER, 43RD AVE 8
7.N. BILLY'S AUTO WATER MAIN CONSTRUCTION ON 43RD AVENUE, APPROVAL OF
FINAL PAYMENT TO CONTRACTOR 9
7.0. MASTER PLAN 8" FORCE MAIN ON 1ST STREET SW FROM 43RD AVENUE TO 39TH
COURT, APPROVAL OF FINAL PAYMENT TO CONTRACTOR 9
7.P. BELLA VISTA ISLES 6" FORCE MAIN CONSTRUCTION ON 26TH STREET,
APPROVAL OF CHANGE ORDER No. 1 AND FINAL PAYMENT TO CONTRACTOR 10
7.Q. SCHUMANN DRIVE AND EMPRESS AVENUE CANAL CROSSINGS WATER AND
FORCE MAIN REPLACEMENTS, APPROVAL OF FINAL PAYMENT TO
CONTRACTOR 10
7.R. APPROVAL OF RENEWAL FOR A CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR WE CARE OF THE TREASURE COAST INC.
TO PROVIDE WHEELCHAIR/STRETCHER SERVICES 11
7.S. WORK ORDER No. 5, CARTER ASSOCIATES, INC., SUPPLEMENTAL SERVICES
No.1 11
2
February 6, 2007
7. T. OSLO ROAD WIDENING BETWEEN 43RD AVENUE AND 27TH AVENUE,
ENGINEERING SERVICES AMENDMENT NO. 1 - SIGNALIZATION REVISION AND
UTILITY LOCATES, OSLO ROAD WIDENING BETWEEN 58TH AVENUE AND 43RD
AVENUE 12
7. U. REQUEST FOR RELEASE OF RETAINAGE ON TURNER CONSTRUCTION
CONTRACT FOR COUNTY ADMINISTRATION COMPLEX 12
7.V. FINAL PAYMENT AND RELEASE OF RETAINAGE, WORK ORDER No. 7,
SUPPLEMENTAL No. 1 AND No. 2, KIMLEY-HORN & ASSOCIATES, INC., OSLO
ROAD RIGHT-OF-WAY MAPPING PROJECT PHASE ONE, US1 TO 27TH AVENUE
IRCPROJECTNO. 0501 13
7.W. FINAL PAYMENT AND RELEASE OF RETAINAGE, WORK ORDER No. 8 AND
SUPPLEMENTAL No. 1, KIMLEY-HORN & ASSOCIATES, INC., OSLO ROAD
RIGHT-OF-WAY MAPPING PROJECT PHASE 2, 27TH AVENUE TO 43RD AVENUE,
IRCPROJECTNO. 0533 14
7.X. OSLO ROAD WIDENING PHASE 1, WEST OF OLD DIXIE TO 27TH AVENUE,
CONSTRUCTION TESTING SERVICES AGREEMENT 14
7. Y. CR 512, PHASE III, CR 510 - PROJECT #9611 & 0001, GEOTECHNICAL
SERVICES WORK ORDER #2, DINKELBERGER ENGINEERING & TESTING, INC 15
7.Z. PROFESSIONAL SERVICE AGREEMENT RENEWAL, MARLOWE & COMPANY,
SECTOR 5 BEACH RESTORATION AND FEDERAL LOBBYING SERVICES FOR
MISCELLANEOUS PROJECTS 15
7.AA. CONTRACT APPROVAL FOR $50, 000 CITRUS BEST MANAGEMENT PRACTICES
GRANT 16
7.BB WOODSIDE TIMBERLAKE INC.'S REQUEST FOR FINAL PLAT APPROVAL FOR A
PLAT -OVER -SITE -PLAN SUBDIVISION TO BE KNOWN AS TIMBERLAKE 17
7.CC IRC JAIL EXPANSION REQUEST FOR CHANGE ORDER #8 (ADDED SCOPE OF
WoRK) 17
7.DD. PERMISSION TO ADVERTISE FOR PUBLIC HEARING FEBRUARY 20, 2007, FOR
PROPOSED ORDINANCE PROHIBITING ALL TERRAIN VEHICLES ON UNPAVED
ROADWAYS 18
3
February 6, 2007
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES 19
INDIAN RIVER COUNTY SHERIFF - ROY RAYMOND 19
RENEWAL OF COMMERCIAL LEASE AGREEMENT LOCATED 19
AT THE VERO BEACH MUNICIPAL AIRPORT 19
9. PUBLIC ITEMS - 19
A.1 PUBLIC HEARINGS - VERO 45 LLC'S REQUEST TO REZONE
± 1.81 ACRES FROM CH TO CG (QUASI-JUDICIAL) 19
9.A.2. TRIPLE S. PROPERTIES INC.'S REQUEST TO REZONE 9.63
ACRES FROM MED TO OCR (QUASI-JUDICIAL) 21
9.A.3 GRAND HARBOR NORTH LAND LLC. ET.AL.'S REQUEST TO
REZONE ±435.88 ACRES FROM PD TO RS -3, RM -3, AND
CON -2, AND BEB INVESTMENTS LTD.'S REQUEST FOR A
SMALL SCALE LAND USE PLAN AMENDMENT TO
REDESIGNATE ± 1.81 ACRES FROM L-1 TO C/I AND TO
REZONE THOSE ±1.81 ACRES FROM PD TO CG; AND TO
REDESIGNATE ±1.81 ACRES FROM C/I TO L-1 AND REZONE
THOSE ±1.81 ACRES FROM PD TO RM -3 (QUASI-JUDICIAL) 26
9.A.4 GH VERO BEACH DEVELOPMENT LLC AND GRAND
HARBOR NORTH LAND LLC'S REQUEST FOR A CHANGE
TO THE GRAND HARBOR DRI DEVELOPMENT ORDER TO
ADD THE "RIVERBED PD" SITE AND THE
LUTHER/VICTORIA WEST SITE (QUASI-JUDICIAL) 33
4
February 6, 2007
9.A.5 GRAND HARBOR NORTH LAND LLC'S REQUEST FOR
SPECIAL EXCEPTION USE AND CONCEPTUAL PD PLAN
APPROVAL FOR A DEVELOPMENT TO BE KNOWN AS THE
ISLES OF GRAND HARBOR 34
9.A.6 AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION
102.06. RULES OF DEBATE (LEGISLATIVE) 34
9. PUBLIC DISCUSSION ITEMS 35
B.1. REQUEST TO SPEAK FROM JAMES & PATRICIA WAWRZYNIAK REGARDING
CODE ENFORCEMENT FINE 35
9.B.2. REQUEST TO SPEAK FROM AL BALDWIN REGARDING INDIVIDUAL AIDE FOR
COMMISSIONERS 36
9.B.3. REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN, GROWTH
AWARENESS COMMITTEE REGARDING CHAPTER 910 AND PROPORTIONATE
SHARE SENATE BILL 360 36
9.B.4. REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN, GROWTH
AWARENESS COMMITTEE REGARDING UPDATE ON BONDING OUT 38
9.B.5. REQUEST TO SPEAK FROM NANCY B. WOOD, THE GREEN TEAM,
REGARDING AN INVITATION TO THE COMMISSIONERS AND PUBLIC TO
PARTICIPATE IN EFFORTS TO PLANT TREES, IMPLEMENT RECYCLING
PROGRAMS, ETC 38
9.C. PUBLIC NOTICE ITEMS - 39
1. NOTICE OF SCHEDULED PUBLIC HEARINGS FEBRUARY13, 2007: 39
A. CHESTNUT AND SMITH: REQUEST TO REZONE 13.35 ACRES LOCATED EAST OF US
HIGHWAY 1 AND APPROXIMATELY 1,000 FEET SOUTH OF 77TH STREET FROM
CL, LIMITED COMMERCIAL, TO CG, GENERAL COMMERCIAL. KENNETH
CHESTNUT AND VICTOR AND KATHY SMITH, OWNERS, MBV ENGINEERING,
INC., AGENT (QUASI-JUDICIAL) 39
B. UNITED INDIAN RIVER PACKERS LLC AND HIGHPOINTE LLC: REQUEST
FOR A SMALL SCALE LAND USE MAP AMENDMENT TO REDESIGNATE 8.36 ACRES
5
February 6, 2007
FROM L-2, Low DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO C/I,
COMMERCIAL INDUSTRIAL, AND TO REZONE THOSE 8.36 ACRES FROM RM -6,
MULTI -FAMILY RESIDENTIAL (UP TO 6 UNITS/ACRE), IL, LIGHT INDUSTRIAL;
AND A REQUEST TO REDESIGNATE 8.36 ACRES FROM C/I, COMMERCIAL
INDUSTRIAL, TO L-1, LOW DENSITY 1 (UP TO 3 UNITS/ACRE). UNITED INDIAN
RIVER PACKERS LLC AND HIGHPOINTE LLC, OWNERS. WILLIAM CALDWELL,
AGENT. (LEGISLATIVE) 39
2. NOTICE OF SCHEDULED PUBLIC HEARINGS FEBRUARY13, 2007: 40
ESTABLISHMENT OF THE WEST WABASSO STREETLIGHTING MUNICIPAL SERVICES
BENEFIT UNIT AND AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION
200.07 (LEGISLA TIVE) 40
10. COUNTY ADMINISTRATOR'S MATTERS - NONE 40
11. COMMUNITY DEVELOPMENT 40
A. COMMUNITY DEVELOPMENT 40
1. REQUEST TO MODIFY THE COUNTY'S IMPACT FEE FINANCING PROGRAM LOCAL
ECONOMIC DEVELOPMENT INCENTIVE 40
11.B. EMERGENCY SERVICES - NONE 41
11.C. GENERAL SERVICES - NONE 41
11.D. HUMAN RESOURCES - NONE 41
11.E. HUMAN SERVICES - NONE 41
11.F. LEISURE SERVICES - NONE 41
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 41
6
February 6, 2007
11.H. RECREATION - NONE 41
11.I.1 PUBLIC WORKS - APPROVAL OF BID AWARD AND
SAMPLE AGREEMENT FOR IRC BID # 2007033, GIFFORD
PARK SECURITY HOUSE/PUBLIC WORKS DEPARTMENT 42
11.J.1
UTILITIES SERVICES -
44
APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID #
2007025 MASTER IN-LINE PUMP STATION - UTILITIES
DEPARTMENT 44
11.J.2. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT
FOR IRC BID # 2007026 WATER, SEWER & RECLAIM WATER
LINE REPLACEMENT/EXTENSION (ANNUAL LABOR
CONTRACT BID) - UTILITIES DEPARTMENT 44
11.J.3 APPROVAL OF BID AWARD AND SAMPLE AGREEMENT
FOR IRC BID # 2007028, PHASE I FORCE MAIN WEST
WASTEWATER TRANSMISSION SYSTEM - UTILITIES
DEPARTMENT 45
11.J.4 VERO VILLAGE DEVELOPER'S AGREEMENT FOR
OFF-SITE 8 -INCH WATER MAIN AND 6 -INCH SEWER
FORCE MAIN CONSTRUCTION ON 37TH STREET WEST OF
58TH AVENUE 46
11.J.5 GRAND HARBOR SPOONBILL MARSH SITE, AMENDMENT
TO GRANT RESTORATION, ACCESS AND RECREATION
EASEMENT 47
7
February 6, 2007
11.J.6 GRAND HARBOR SPOONBILL MARSH SITE, WORK ORDER
NO. 17 WITH MASTELLER, MOLER, REED & TAYLOR, INC.
FOR SPECIFIC PURPOSE SURVEY OF THE SUBMERGED
LAND LEASE AREA 48
11.J.7 AMENDMENT NO. 3 TO WORK ORDER NO. 1 WITH
ECOTECH CONSULTANTS, INC. FOR PERMITTING
SERVICES FOR THE SPOONBILL MARSH SITE 48
12. COUNTY ATTORNEY - NONE 49
13. COMMISSIONERS' ITEMS 49
A. CHAIRMAN GARY C. WHEELER 49
1. RECONSIDERATION OF BOARD OF COUNTY COMMISSION OFFICE AREA IN NEW
COUNTY ADMINISTRATION BUILDING 49
13.A.2 COUNTY COMMISSION OFFICE STAFFING 51
13.B. VICE CHAIR SANDRA L. BOWDEN 52
1. REQUEST FOR DONATION OF UP TO THREE COMPUTERS FROM SURPLUS TO
MARIAN FELL LIBRARY 52
13.C. COMMISSIONER WESLEY S. DAVIS - NONE 53
13.D. COMMISSIONER JOSEPH E. FLESCHER- NONE 53
13.E. COMMISSIONER PETER D. O'BRYAN 53
1. REQUEST FOR A RESOLUTION TO BE DRAFTED FOR THE FLORIDA FOREVER
PROGRAM 53
8
February 6, 2007
2. REQUEST FOR CONSIDERATION OF HIRING A CONSULTANT TO ASSIST STAFF
WITH CHARTER GOVERNMENT ORDINANCE 54
14. EMERGENCY SERVICES DISTRICT AND BOARDS 55
A. EMERGENCY SERVICES DISTRICT - NONE 55
B. SOLID WASTE DISPOSAL DISTRICT - NONE 55
C. ENVIRONMENTAL CONTROL BOARD - NONE 55
15. ADJOURNMENT 55
9
February 6, 2007
February 6, 2007
MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
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 6, 2007. 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 Athena Adams.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Detective Teddy Floyd, Indian River County Sheriffs Office (IRCSO), Crime
Prevention Unit, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Gary Wheeler led the Pledge of Allegiance to the Flag.
February 6, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS
Addition — Item 13.A.2, Board of County Commission Office Staffing
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS - NONE
6. APPROVAL OF MINUTES
REGULAR MEETING OF DECEMBER 5, 2006
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the regular Meeting of December 5, 2006. There were none.
ON MOTION by Vice Chairman Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Minutes of the regular meeting of December 5, 2006 as
written and distributed.
REGULAR MEETING OF DECEMBER 12, 2006
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the regular Meeting of December 12, 2006. There were none.
February 6, 2007 2
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Minutes of the regular meeting of December 12, 2006
as written and distributed
7. CONSENT AGENDA
Commissioner Davis asked to pull, for discussion, Item 7.DD
Vice Chair Bowden asked to pull, for discussion, Item 7.D
Chairman Wheeler asked to pull, for discussion, Item 7.Z
7.A REPORTS PLACED ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD:
1. ANNUAL FINANCIAL REPORT OF UNITS OF LOCAL
GOVERNMENT AND THE ANNUAL POST AUDIT REPORT
FOR 2005-2006 FISCAL YEAR FOR THE SEBASTIAN INLET
DISTRICT COMMISSION.
2. INDIAN RIVER FARMS WATER CONTROL DISTRICT -
ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT
AND THE AUDITED FINANCIAL STATEMENTS FOR THE
YEAR ENDED SEPTEMBER 30, 2006.
February 6, 2007 3
7.B. APPROVAL OF WARRANTS - JANUARY 12 - 18, 2007
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of January 12-18, 2007 as requested.
7.C. APPROVAL OF WARRANTS - JANUARY 19 - 25, 2007
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of January 19-25, 2007 as requested.
February 6, 2007 4
7.D. QUARTERLY INVESTMENT REPORT
Vice Chair Bowden informed the Board that this was a Quarterly Investment
Report; there was an Advisory Committee, and they were financially safe. She asked Clerk of
Court Jeffrey K. Barton to identify the Advisory Committee.
Mr. Barton named the Advisory Board members as himself (in charge of
investments), the Administrator's representative Jason Brown (Budget Director for the County),
two outside members David Koresh (Northern Trust), and Ted Libby (Cypress National
Corporation). Additionally, there is Nancy Beckwith, a retired Vice President of Commercial
Lending at Wachovia. He said the report as presented outlines the investment portfolio, what they
have, and what they are doing to follow the investment guidelines. He thanked the committee
members for the time they give to the County.
Vice Chair Bowden was pleased with what has been done and thanked Mr. Barton
for the Report.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously accepted the
Investment Advisory Committee Quarterly Report, as
recommended in the memorandum of January 22, 2007.
February 6, 2007 5
7.E. 2007 ELECTION OF ENVIRONMENTAL CONTROL
HEARING BOARD (ECHB) CHAIRMAN AND VICE
CHAIRMAN
The Board noted the re -elections of Mr. Alan Polackwich, Sr. as Chairman and Mr.
Steve Snoberger as Vice Chairman of the Economic Development Council for the year 2007.
7.F. 2007 ELECTION OF CODE ENFORCEMENT BOARD
(CODE) CHAIRMAN AND VICE CHAIRMAN
The Board noted the elections of Mr. Joe Garone as Chairman and Mr. Keith Hedin
as Vice Chairman of the Code Enforcement Board for the year 2007.
7.G. 2007 ELECTION OF PROFESSIONAL SERVICES
ADVISORY COMMITTEE (PSAC) CHAIRMAN AND VICE
CHAIRMAN
The Board noted the re -elections of Mr. Rodney Paradise as Chairman, and Mr.
Warren Dill as Vice Chairman of the Professional Services Advisory Committee for the year 2007.
7.H. 2007 ELECTION OF CONSTRUCTION BOARD OF
ADJUSTMENT & APPEALS (CBAA) CHAIRMAN AND VICE
CHAIRMAN
February 6, 2007 6
The Board noted the re -elections of Mr. Peter Robinson as Chairman, and Mr. Pete
Clements as Vice Chairman of the Construction Board of Adjustments & Appeals for the year
2007.
7.1. OUT OF COUNTY TRAVEL ASSOCIATED WITH SERVING
ON THE TREASURE COAST REGIONAL PLANNING
COUNCIL'S FLORIDA REGIONAL COUNCIL
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized reimbursement for travel and lodging expenses
associated with attending Council meetings by
Commissioner Wheeler, as requested in the memorandum
of January 30, 2007.
7.J. DEED EXCHANGE - KEN MCKELLAR PARCEL AT THE
NORTH COUNTY REGIONAL WASTEWATER TREATMENT
FACILITY EFFLUENT DISPOSAL SITE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the County Deed and authorized the Chairman to execute
same, as recommended in the memorandum of January 29,
2007.
COPY OF DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. MISCELLANEOUS BUDGET AMENDMENT 009
February 6, 2007 7
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Resolution 2007-007 amending the fiscal year 2006-2007
budget.
7.L. IRC JAIL EXPANSION PROJECT DEDUCTIVE CHANGE
ORDER NUMBER 7
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Deductive Change Order Number 7 in the amount of
$12,837.90 and authorized the Chairman to execute same,
as recommended in the memorandum of January 24, 2007.
Upon approval of the Change Order, the amount of the
GMP for the Jail Expansion Project will be reduced to
$18,079,963.93.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. GRANT OF EASEMENT BY INDIAN RIVER COUNTY TO
THE CITY OF VERO BEACH FOR PUBLIC UTILITIES -
EMERGENCY OPERATIONS CENTER, 43" AVE.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and authorized the Chairman to sign the Grant of Easement,
February 6, 2007 8
as recommended in the memorandum of January 26, 2007.
GRANT OF EASEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.N. BILLY'S AUTO WATER MAIN CONSTRUCTION ON 43"
AVENUE, APPROVAL OF FINAL PAYMENT TO
CONTRACTOR
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the total labor cost of $20,645.07 and approved Application
for Pay Request No. 1 — Final as final payment to The
Danella Companies, Inc., in the amount of $2,064.50, as
recommended in the memorandum of January 24, 2007.
7.0. MASTER PLAN 8" FORCE MAIN ON IST STREET SW FROM
43" AVENUE TO 39TH COURT, APPROVAL OF FINAL
PAYMENT TO CONTRACTOR
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the total labor cost of $34,440.60 and approved Application
for Pay Request No. 2 — Final as final payment to The
Danella Companies, Inc., in the amount of $3,444.06, as
recommended in the memorandum of January 24, 2007.
February 6, 2007 9
7.P. BELLA VISTA ISLES 6" FORCE MAIN CONSTRUCTION ON
26TH STREET, APPROVAL OF CHANGE ORDER NO. I AND
FINAL PAYMENT TO CONTRACTOR
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the total labor cost of $14,466.65; approved Change Order
No. 1 for $3,890.50; authorized the Chairman to execute
the Change Order; and, approved the Application for Pay
Request No. 1 — Final as final payment to The Danella
Companies, Inc., in the amount of $14,466.65, as
recommended in the memorandum of January 23, 2007.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Q. SCHUMANN DRIVE AND EMPRESS AVENUE CANAL
CROSSINGS WATER AND FORCE MAIN REPLACEMENTS,
APPROVAL OF FINAL PAYMENT TO CONTRACTOR
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the total labor cost of $84,541.74 and approved the
Application for Pay Request No. 2 — Final as final payment
to The Danella Companies, Inc., in the amount of
February 6, 2007 10
$8,454.17, as recommended in the memorandum of
January 24, 2007.
COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.R. APPROVAL OF RENEWAL FOR A CLASS "E"
CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR WE CARE OF THE TREASURE COAST
INC. TO PROVIDE WHEELCHAIR/STRETCHER SERVICES
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
renewal of the Class "E" Certificate of Public Convenience
and Necessity for We Care of the Treasure Coast Inc., to be
effective for a period of two (2) years from February 6,
2007, to February 6, 2009, as recommended in the
memorandum of January 23, 2007.
COPY OF CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.S. WORK ORDER NO. 5, CARTER ASSOCIATES, INC.,
February 6, 2007 11
SUPPLEMENTAL SERVICES NO. I
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Supplemental No. 1 in the amount of $1,485.00 authorizing
the project as outlined in the Scope of Services, and
authorized the Chairman to execute Supplemental No. 1 to
Work Order No. 5, as recommended in the memorandum of
January 23, 2007.
SUPPLEMENTAL NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7. T. OSLO ROAD WIDENING BETWEEN 43" AVENUE AND
27TH AVENUE, ENGINEERING SERVICES AMENDMENT
NO. I - SIGNALIZATION REVISION AND UTILITY
LOCATES, OSLO ROAD WIDENING BETWEEN 58TH
AVENUE AND 43" AVENUE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Amendment No. 1 in the amount of not to exceed
$49,950.00 with Kimley-Horn, Inc., as recommended in the
memorandum of January 19, 2007.
AMENDMENT NO. IIS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7. U. REQUEST FOR RELEASE OF RETAINAGE ON TURNER
February 6, 2007 12
CONSTRUCTION CONTRACT FOR COUNTY
ADMINISTRATION COMPLEX
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
that the Retainage be reduced to and remain at 5% (of all
work completed on which Retainage can be withheld) for
the remainder of the project, and approved that an amount
equal to one half of the amount currently being withheld be
released to Turner Construction, which total would
currently amount to $1,682,925.00 x 1/2 or $841,462.00, as
recommended in the memorandum of January 31, 2007.
7. V. FINAL PAYMENT AND RELEASE OF RETAINAGE, WORK
ORDER NO. 7, SUPPLEMENTAL NO. 1 AND NO. 2,
KIMLEY-HORN & ASSOCIATES, INC., OSLO ROAD
RIGHT-OF-WAY MAPPING PROJECT PHASE ONE, USI TO
27TH AVENUE IRC PROJECT NO. 0501
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
payment to Kimley-Horn & Associates, Inc., in the total
amount of $10,042.00, which is budgeted and available
from the Professional Land Survey Annual Services
Contract 0390, as recommended in the memorandum of
January 26, 2007.
February 6, 2007 13
7. W. FINAL PAYMENT AND RELEASE OF RETAINAGE, WORK
ORDER NO. 8 AND SUPPLEMENTAL NO. 1, KIMLEY-HORN
& ASSOCIATES, INC., OSLO ROAD RIGHT-OF-WAY
MAPPING PROJECT PHASE 2, 27TH AVENUE TO 43"
AVENUE, IRC PROJECT NO. 0533
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
payment to Kimley-Horn & Associates, Inc., in the total
amount of $5,940.00, which is budgeted and available from
the Annual Professional Surveying and Mapping Services
Account, as recommended in the memorandum of January
26, 2007.
7.X. OSLO ROAD WIDENING PHASE 1, WEST OF OLD DIXIE
TO 27TH AVENUE, CONSTRUCTION TESTING SERVICES
AGREEMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Construction Testing Services Agreement with
Ardaman & Associates, Inc., with a "Not to Exceed"
amount of $59,636.00, as recommended in the
memorandum of January 24, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
February 6, 2007 14
7.Y. CR 512, PHASE III, CR 510 - PROJECT #9611 & 0001,
GEOTECHNICAL SERVICES WORK ORDER #2,
DINKELBERGER ENGINEERING & TESTING, INC.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Work Order No. 2 to Dunkelberger Engineering & Testing
Inc., authorizing the professional services as outlined in the
Scope of Services, and authorized the Chairman to execute
the Work Order for an amount not to exceed $32,820.00, as
recommended in the memorandum of January 24, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Z. PROFESSIONAL SERVICE AGREEMENT RENEWAL,
MARLOWE & COMPANY, SECTOR 5 BEACH
RESTORATION AND FEDERAL LOBBYING SERVICES
FOR MISCELLANEOUS PROJECTS
Chairman Wheeler referred to the contract renewal for a Washington D.C.
Government Affairs Lobbyist to provide lobbying and consulting services to the County, and
noticed that in addition to the $3,500.00 monthly fee there would be a $1,500.00 monthly fee to
cover any other projects requested by the County. He asked if the County had any other projects.
Administrator Baird replied, "Yes, we do," and he had met with the Lobbyist and
discussed the various items the County is looking to get funding for, namely: storm -water, to get
February 6, 2007 15
the run-off for the Lagoon; trying to reinstate the money for Vero Beach Sector 5 Beach
re -nourishment; money for bus and transport facility; money for landfill gas system; and money
for the health Clinic in Gifford.
Commissioner Davis did not know whether it was a county or city issue but felt with
the possibility of moving the wastewater facility that is adjacent to the Lagoon, that was something
the County could start talking to the Lobbyist about to seek Federal funding.
Administrator Baird would be glad to incorporate that into the County's request for
funds, if the City of Vero Beach so wishes. He promised to get with the City of Vero Beach to
discuss the matter.
Jens Tripson, Pelican Island Audubon Society, felt that might be something the
lobbyist could do.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Davis, the Board unanimously approved the
Renewal Agreement with Marlowe & Company for
lobbying and consulting services, and authorized the
Chairman to execute same, as recommended in the
memorandum of January 29, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.AA.CONTRACT APPROVAL FOR $50,000 CITRUS BEST
MANAGEMENT PRACTICES GRANT
February 6, 2007 16
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Grant Agreement thus accepting the $50,000.00 Florida
Department of Agriculture and Consumer Services
(FDACS) Grant for Citrus Best Management Practices
installations in Indian River County, and authorized the
Chairman to execute the Agreement, as recommended in
the memorandum of January 25, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.BB WOODSIDE TIMBERLAKE INC.'S REQUEST FOR FINAL
PLAT APPROVAL FOR A PLAT -OVER -SITE -PLAN
SUBDIVISION TO BE KNOWN AS TIMBERLAKE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously granted
final plat approval for Timberlake Subdivision, as
recommended in the memorandum of January 26, 2007.
7. CC. IRC JAIL EXPANSION REQUEST FOR CHANGE ORDER
#8 (ADDED SCOPE OF WORK)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
February 6, 2007 17
Change Order #8 (re -roofing building C) in the amount of
$157,300.00, and authorized the Chairman to execute the
Change Order after the County Attorney's office has
reviewed and approved the document, as recommended in
the memorandum of January 25, 2007.
7.DD. PERMISSION TO ADVERTISE FOR PUBLIC HEARING
FEBRUARY 20, 2007, FOR PROPOSED ORDINANCE
PROHIBITING ALL TERRAIN VEHICLES ON UNPAVED
ROADWAYS
Commissioner Davis argued, "We need to do something about making residential
streets safe," and felt the issue might require State legislative help. He believed that if the County
passes this ordinance it would create a problem with regards to legitimate agricultural purposes
because some people are convinced an ATV is not necessarily a recreational vehicle but it is also a
piece of farm machinery.
Chairman Wheeler wondered if there was a way they could incorporate in the
ordinance, with classifications for our County, a criteria where they could register a vehicle as
farm machinery and establish in our County that it is used for agriculture.
Attorney Collins doubted they could do that, stating that the State pre-empts this
field in terms of definition of what is a farm vehicle. He discussed the distinction between
operation on public and agricultural roads and offered to look at the issue to see if there was
another option.
February 6, 2007 18
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously authorized
staff to proceed with the required advertisement to hold a
public hearing on February 20, 2007 to adopt the proposed
ordinance prohibiting all -terrain vehicles on unpaved
roadways, as recommended in the memorandum of January
26, 2007.
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
INDIAN RIVER COUNTY SHERIFF - ROY RAYMOND
RENEWAL OF COMMERCIAL LEASE AGREEMENT LOCATED
AT THE VERO BEACH MUNICIPAL AIRPORT
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved for
the Sheriff's Office to renew its Commercial Lease at the
Vero Beach Municipal Airport for an additional five-year
term, as requested in the letter of January 25, 2007.
9. PUBLIC ITEMS -
A.1 PUBLIC HEARINGS - VERO 45 LLC'S REQUEST TO
REZONE ± 1.81 ACRES FROM CH TO CG
(QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
February 6, 2007 19
(Clerk's Note: This Item was heard after Item 9.A.2 to facilitate the arrival of an
interested party.)
Community Development Director Bob Keating explained that this was a rezoning
request to go from CH, Heavy Commercial to CG, General Commercial. He recapped his
memorandum of January 3, 2007 and through a PowerPoint Presentation provided background on
the matter. He asked the Board to approve staffs recommendation to rezone the subject property
from CH to CG.
Traffic Engineer Chris Mora responded to questions from Commissioner O'Bryan
regarding traffic and an increase in trips. Director Keating also responded to questions from
Chairman Wheeler regarding trips available and how it would be dealt with.
The Chairman opened the Public Hearing.
Grant Withers, 1739 Victoria Circle, Grand Harbor, asked what was the impact on
the length at 45th Street and Indian River Boulevard. Mr. Mora replied that it was up to about 10
trips in the peak hour, so there was an impact on the Boulevard also.
Bob Johnson, Coral Wind Subdivision, thought this was an ideal location for heavy
commercial and he would rather have the trucks go down route 1 than have them come through his
residential neighborhood.
Freddie Woolfork, 4590 57th Avenue, recalled prior comments that some traffic
would divert towards the east, meaning Gifford residential areas. He asked what type of traffic
control devices would be placed there and what were the plans for traffic control.
Mr. Mora explained that traffic volumes are reviewed yearly and when required
February 6, 2007 20
traffic signals are put in.
There were no additional speakers and the Chairman closed the Public
Hearing.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman Wheeler, to approve staffs
recommendation.
Commissioner Davis believed that to be able to allow a commercial general use on
the corner of US 1 and 45th Street was appropriate.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board adopted Ordinance
2007-002 amending the zoning ordinance and the
accompanying zoning map for ± 1.81 acres located on the
southeast quadrant of the intersection of U.S. Highway 1
and 45th Street, from CH, Heavy Commercial District, to
CG, General Commercial District; and providing
codification, severability, and effective date.
The Chairman called a break at 10:29 a.m. and reconvened the Meeting
at 10:43 a.m. with all members present.
9.A.2. TRIPLE S. PROPERTIES INC.'S REQUEST TO REZONE 9.63
ACRES FROM MED TO OCR (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
February 6, 2007 21
(Clerk's Note: This item was heard ahead of Item 9.A.1)
Community Development Director Bob Keating advised that this is a rezoning from
one commercial district to another (from MED to OCR zoning district). He recapped his
memorandum dated January 22, 2007 and through a PowerPoint Presentation provided
background on this matter. He also outlined the purpose of this request, which is to secure the
zoning necessary to develop the site with commercial uses that are allowed in the OCR zoning
district and not allowed in the commercial district. Staff felt the proposed request is compatible
with the area and recommended approval.
Commissioner O'Bryan was concerned that there would be an intrusion in the
middle of the medical zone and not just on the periphery. He was also concerned about the "falling
dominoes effect" every time we push a node in and the possibility of losing the medical zoning.
Discussion ensued among staff and the Board regarding concurrency test, an error in
the traffic count, and the difference in the development requirements from MED to OCR for
parking requirements.
The Chairman opened the Public Hearing.
Bruce Barkett, 756 Beachland Boulevard, representing the Applicant Triple S
Properties Inc., discussed what is permitted in the MED and OCR districts. He felt the hospital
node does not need to be 400 acres and did not think it is fair to say this is incompatible.
The Clerk swore in all who wished to speak on the Quasi -Judicial public hearing
items.
Joseph Paladin, Chairman of the Growth Awareness Committee (a private sector
February 6, 2007 22
organization) did not think this rezoning was a good deal for the County and gave reasons, which
involved parking and impact fee issues.
Director Keating responded to the difference in impact fees stating that the fees are
dependent on use, not the zoning district, and it does not have any bearing on the impact fees.
Mr. Paladin, staff, and the Board engaged in discussion regarding square footage.
Mr. Paladin gave a developer's view on the matter regarding parking spaces and why he did not
think this was good for the County. He again voiced his opposition to the rezoning request.
Honey Minuse, 27 Starfish Drive, indicated that there is a large coalition of people
along Indian River Boulevard who are against commercial development; they perceive it as a
threat to safely enter their communities; and do not see a commercial development being
compatible with residential. She asked the Board to keep in mind the needs and interest of the
people on the Boulevard when they make a decision.
Grant Withers, 1739 Victoria Circle, Grand Harbor, shared Commissioner
O'Bryan's concern about the compatibility of this property with the surrounding area. He
suggested they have a wider look at the area and asked the Board to deny the request to rezone.
Victor Knight, 3295 Ranch Road, whose family owns land to north and west of the
subject area, gave a brief history of how this all came about. They have no objection to the
rezoning request, thinks it is a good transitional use, and urged the Board to approve the request.
Warren Schwerin, 667 Ocean Road, and President of Triple S. Properties, argued
that his firm is well acquainted with the needs of medical and commercial tenants. He believed
this project is complementary to the Medical node and is needed in the County. He defended his
Firm's reputation and urged the Board to support their petition.
February 6, 2007 23
Donna Keys, Planning & Zoning Commission, recalled that when this matter came
before the Planning and Zoning Commission County staff had mentioned they had plans for that
entire area. She asked for explanations on how this is supposed to all come together.
Director Keating reported that he had been talking to the property owner and they
are looking at developing a better system of roadways (between 37th Street and 40 Street and
accessing the Boulevard) with connectivity. He also explained that they do not have a grid or local
roads to provide the inter -connections but they have a general agreement among the parties.
There were no other speakers and the Chairman closed the public
hearing.
Commissioner O'Bryan had no problem with the proposed project but was
concerned there might be piecemeal zoning particularly if there is potential large-scale changes to
this node. He wanted the Board to table this matter and perhaps have a workshop and look at the
big picture and see how it all fits in as an overall master plan for the area.
Commissioner Davis believed the best way to go is through the Planned
Development (PD) process. Vice Chair Bowden was not opposed to looking at the big picture but
had to go with the residents and stay with the Medical zoning.
Director Keating responded to Commissioner Flescher's question of how rezoning
would move us closer to the grid concept.
Mr. Barkett talked about how the north and south County initiative came about. He
argued that it was not reasonable or fair to say you have to work with another property owner in
February 6, 2007 24
advance to having their property rezoned consistent with the Comprehensive Plan, as the Plan
already designates this. He believed it was not what was done in the past and it was not necessary.
Commissioner O'Bryan clarified his concerns.
Chairman Wheeler voiced his concerns and had questions regarding additions to a
node including percentages to be filled, and whether an OCR has to establish specific land use.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman Wheeler for discussion, to deny
the request.
Commissioner O'Bryan wanted to see this come back as part of a conceptual plan or
as a PD. Discussion ensued among the Commissioners regarding denial and whether the request
could come back as a PD, tabling the matter, and the timeframe for rezoning.
Chairman Wheeler WITHDREW his Second. MOTION
DIED.
Discussion continued among the Commissioners on whether to table this item and
the timeframe involved.
Mr. Barkett was not sure his client would want to change his application to a PD.
He withdrew the Application.
Mr. Bruce Barkett, Esquire, WITHDREW the
Application/Request from Triple S. Properties Inc., to
rezone 9.63 acres from MED to OCR.
February 6, 2007 25
No Board action was taken.
9.A.3 GRAND HARBOR NORTH LAND LLC. ET.AL.'S REQUEST
TO REZONE ±435.88 ACRES FROM PD TO RS -3, RM -3, AND
CON -2, AND BEB INVESTMENTS LTD.'S REQUEST FOR A
SMALL SCALE LAND USE PLAN AMENDMENT TO
REDESIGNATE ± 1.81 ACRES FROM L-1 TO CII AND TO
REZONE THOSE ±1.81 ACRES FROM PD TO CG; AND TO
REDESIGNATE ±1.81 ACRES FROM CII TO L-1 AND
REZONE THOSE ±1.81 ACRES FROM PD TO RM -3
(QUASI-JUDICIAL)
Community Development Director Bob Keating explained that this is the first of
three consecutive public hearings relating to Grand Harbor. He requested that the Board hear all
three presentations (Items 9.A.3, 9.A.4. and 9.A.5) at once and vote on them separately.
Director Keating, through a PowerPoint presentation, displayed the area under
consideration, which is currently zoned PD (Item 9.A.3). He explained the differences between a
PD rezoning and a PD special exception, outlining that the proposal is to take the property back to
what it was before it was zoned PD. He provided detailed background on the request. He
disclosed that this request does not meet the concurrency test, it significantly exceeds the
concurrency limits of a PD, is inconsistent with the Comprehensive Plan, and staff recommends
denial of the proposed rezoning.
February 6, 2007 26
Planning Director Stan Boling presented the application for changing the Grand
Harbor DRI Development Order to add the "Riverbend PD" site and the Luther/Victoria Web Site
(Item 9.A.4). He displayed a map showing the subject areas and provided background on the
request, which involves adding 413.67 acres of the "Riverbend PD" site to the overall Grand
Harbor DRI. Staff recommended that the Board deny the applicant's request for the proposed
change. Further, if the rezoning concurrency issue were to be adequately addressed in
conformance with Chapter 910 criteria, then staff would recommend that the Board determine that
the proposed change request does not constitute a substantial deviation and adopt the attached
resolution amending the Grand Harbor Development Order and approving the proposed change.
Director Boling responded to questions from Commissioners O'Bryan and Davis
regarding Grand Harbor having another three (3) years to build -out, and what would happen if the
Board denied the request.
Director Boling presented Grand Harbor North Land LLC's Request for Special
Exception Use and Conceptual PD Plan approval for a development to be known as The Isles of
Grand Harbor (Item 9.A.5). He described the request by recapping his memorandum of January
30, 2007. He discussed environmental issues, and summarized the public benefits to be had, which
include increased perimeter buffer width, increased upland preservation, increased minimum open
space, and maximized wetland preservation among others. He presented staffs recommendation
as outlined in the backup at pages 307-308 and asked the Board to deny the request unless the
rezoning concurrency issues were to be adequately addressed.
The Chairman opened the Public Hearing.
Bob Raynes, Esquire, Land Use Attorney, Gunster Yoakley and Stewart PA, on
behalf of the Applicant, thanked the Board for the opportunity to make this presentation. He
February 6, 2007 27
expressed excitement about this project because they believe this is a "win/win situation" that
would allow them to continue the development pattern of Grand Harbor that they want. Through a
PowerPoint Presentation Mr. Raynes introduced the Project Team and gave a quick overview of
what would result if the Board approved the Request today. He also displayed the properties
involved, discussed the requests before the Board for consideration, pending applications, notice
of proposed change, and the reason for the request.
Chairman Wheeler inquired if a PD zoning expires. Director Keating replied, "Yes
and No", and explained future proposals. Director Boling gave his understanding of when a
Development Order expires, stating that it does not take away any prior plan approvals that the
project may have had. Further, there was no reverter on this property and it is zoned PD.
Mr. Raines continued his presentation discussing impact assessment under the
proposed project. He felt it was important to understand that the rezoning would be a means to an
end. He declared that a PD Special Exception is consistent with the current Planned Development
of Grand Harbor.
Brad Curry, Certified Planner, Land Design South, presented the Isles of Grand
Harbor Project. (Item 9.A.5). He outlined the subject property for the proposed conceptual PD
plan. He provided a brief history on the purchase and development of the subject land. He also
displayed and discussed the site plan pointing out access to and from the project sites. In
conclusion he discussed the Eagle Protection Zone and Spoonbill Marsh Access, and FDOT Canal
redesign and maintenance.
Steve Moler, Engineer, Masteller & Moler, Inc., discussed the importance of the
Spoonbill Marsh Project and Grand Harbor's involvement. He provided a brief history on the
subject project. He discussed environmental components, which include the Eagle Protection
Zones, Riverbend Wetlands and Native Upland Preservation.
February 6, 2007 28
Mr. Curry discussed the Grand Harbor DRI (Item 9.A.4). He displayed a map of
the overall boundary of the DRI and provided a brief history on the DRI since its
inception/approval. He discussed build -out of Grand Harbor DRI, the Grand Harbor Tradition,
and the Riverbend PD providing history on its approval, which occurred in 2000.
Jason Matson, Vice President and Transportation Project Manager, Kimley-Horn
and Associates, Inc., summarized Transportation as it pertains to external peak hour trips. He
talked about current transportation reanalysis associated with the applications, and trip reduction.
He discussed access to Indian River Boulevard and talked about benefits gained from Grand
Harbor. One of the conditions of this approval would be the installation of flasher signals until
further warranted for full signals, he stated.
Mr. Raines summed up the presentation recapping the results of approval if the
Board so granted. He outlined reduction in road trips and repeated his client's requests. If the
project were approved, there would be significant public benefits, which he also outlined.
Chairman Wheeler called a break at 12:13 p.m. and reconvened the meeting at
12:28 p.m. with all members present.
Chairman Wheeler reopened the public hearing.
Mr. Curry responded to Commissioner O'Bryan's concerns regarding the
twenty-three (23) plus acres that are not owned by Grand Harbor
Joseph Paladin asked Attorney Collins if he considered the acquisition of the 413
acres, as part of the original DRI, a substantial deviation. Attorney Collins replied, "No," and
explained the provisions of the Florida Statutes regarding DRIs. Mr. Paladin continued to discuss
February 6, 2007 29
DRIs, vested rights, meeting concurrency test and the Spoonbill Marsh Project.
Mr. Seymour responded to questions from Mr. Paladin, discussed the acreage
involved, and what the project is designed to accommodate. He also responded to questions and
concerns from the Board.
George Christopher, Planning & Zoning Commission, discussed substantial
deviation and confusion therewith. He argued that the only relevance is whether it needs regional
review because if it is substantial deviation it must go through regional review. He felt the
question before the Board is whether they have to approve this change to the Development
Order and whether or not that change has to apply with the Comprehensive Plan and other laws
that guide us.
Discussion ensued regarding vested rights, the Riverbend PD, and whether a new
owner would still have to meet concurrency. There was also discussion regarding case law and
vested right to a change, greater rights, and traffic impacts.
Spencer Simmons, Simmons Home, agreed with staff that if this DRI is allowed
and they are given until 2012, they would have to bring this back before the Board again.
Alfred Baldwin, Lindsay Lanes, felt all the arguments were about Items 9.A.4 and
9.A.5 and he had not heard anything about the rezoning (Item 9.A.3). He did not understand and
needed clarity on the change from a PD to other zoning. He also believed that what was being
proposed has got to have impact and wondered if the Commissioners were losing control.
Chairman Wheeler gave his understanding of a PD zoning and asked for staff's
concurrence. Director Keating said he was correct.
February 6, 2007 30
Jens Tripson, 2525 14th Street, was concerned about the wide discrepancy of the
difference between what they say could be built. Director Keating explained the difference.
Mr. Tripson questioned the portion on 63rd Street to be closed off, asking if those
owners were going to be gated in. He did not see making a public road into a private road
beneficial to the public.
Director Boling explained that the Board's approval would not include closing any
portion of 63rd Street.
Lyndall Soule, Roseland Road, who owns 4 acres at the easternmost border of 63rd
Street, was not notified by Grand Harbor that they have a conceptual plan of closing the road. She
wanted to make sure she has access to her property and did not think closing 63rd Street and
making it a private road would benefit the people.
Richard Bialosky, Oyster Shell Lane, remarked that if the owners of property on
63rd Street would end up behind Grand Harbor's gates, they would be delighted. He also stated
that many residents feel it is a huge benefit to them.
Don Studley, 1060 East Polo Grounds Drive, considered the impact and wondered
why there was concern about cars when someone was bringing jobs and spending money for the
County.
There were no other speakers and the Chairman closed the Public
Hearing.
The Board and staff discussed staffs recommendation, concurrency, rezoning,
February 6, 2007 31
vested rights, and density. Commissioners Davis and Bowden wanted to support staffs
recommendation. Attorney Collins explained to Commissioner O'Bryan what it would take for
the rezoning to be approvable. He also explained why the Board has no authority to approve.
Chairman Wheeler felt this hinges on Grand Harbor trying to keep its vesting
rights and he could not support that concept. He also did not like the idea of extending this
to 2012, agreed with staffs recommendation and opposed the rezoning.
Mr. Raines said he was willing to ask the Board to table the matter for a couple
weeks instead of the Board voting against it today. Chairman Wheeler was not opposed.
Discussion ensued among Board members, Mr. Seymour and others regarding
timeframe for tabling this item.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman Wheeler, to table Public
Hearing Items 9.A.3, 9.A.4 and 9.A.5 to the second meeting
in March 2007.
George Christopher felt they would have to re -advertise so it would not be a
time -certain.
Discussion continued on whether the developer's agreement would have to go back
Mr. Seymour suggested they table for thirty (30) days and let the traffic engineers
There was continued discussion on the Motion and whether to table to a time certain.
February 6, 2007 32
to P&Z.
work this out.
Chairman Wheeler WITHDREW his SECOND to the
Motion. MOTION DIED.
Mr. Seymour explained the main difference between tabling versus denying.
Chairman Wheeler RETURNED his Second to the Motion.
MOTION STANDS.
Commissioners Bowden and Flescher supported staff's recommendation.
The Chairman CALLED THE QUESTION and by a 3-2
vote (Commissioners Bowden and Flescher opposed)
approved to table Items 9.A.3, 9.A.4 and 9.A.5 to the
second meeting in March 2007.
The Chairman called a break at 1:48 p.m. and reconvened the meeting
at 2:00 p.m. with all members present.
9.A.4 GH VERO BEACH DEVELOPMENT LLC AND GRAND
HARBOR NORTH LAND LLC'S REQUEST FOR A CHANGE
TO THE GRAND HARBOR DRI DEVELOPMENT ORDER TO
ADD THE "RIVERBED PD" SITE AND THE
LUTHER/VICTORIA WEST SITE (QUASI-JUDICIAL)
This item was tabled. See Item 9.A.3 for discussions.
February 6, 2007 33
9.A.5 GRAND HARBOR NORTH LAND LLC'S REQUEST FOR
SPECIAL EXCEPTION USE AND CONCEPTUAL PD PLAN
APPROVAL FOR A DEVELOPMENT TO BE KNOWN AS THE
ISLES OF GRAND HARBOR
This item was tabled. See Item 9.A.3 for discussions.
9.A.6 AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION
102.06. RULES OF DEBATE (LEGISLATIVE)
Assistant County Attorney William DeBraal, reminded the Board that at the January
9, 2007 BCC meeting they directed staff to draft a proposed ordinance that would change the rules
of debate to allow the Chairman to make motions and pass the gavel. He then presented the
amended ordinance to the Board for consideration and adoption.
Commissioner Davis expressed his views on the matter and Commissioner Bowden
discussed the wording of the ordinance.
The Chairman opened the Public Hearing.
There were no speakers and the Chairman closed the Public Hearing.
MOTION WAS MADE by Vice Chair Bowden,
February 6, 2007 34
SECONDED by Commissioner Flescher, for the Board of
County Commissioners to continue as they have always
proceeded where the Chairman is able to make a
nomination and to second motions but not be able to pass
the gavel to make a motion.
There was no further discussion.
The Chairman CALLED THE QUESTION and by a 3-2
vote (Commissioners Davis and Wheeler opposed) the
Motion carried.
9. PUBLIC DISCUSSION ITEMS
B.1. REQUEST TO SPEAK FROM JAMES & PATRICIA
WAWRZYNIAK REGARDING CODE ENFORCEMENT
FINE
James Wawrzyniak, 1432 3rd Court, asked the Board to eliminate his Code
Enforcement fine on the basis of miscommunication between himself and the Code Enforcement
Officer, which he explained.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously waived the
Code Enforcement fine against James Wawrzyniak in the
amount of Two Thousand Dollars ($2,000.00).
February 6, 2007 35
9.B.2. REQUEST TO SPEAK FROM AL BALDWIN REGARDING
INDIVIDUAL AIDE FOR COMMISSIONERS
Mr. Alfred Baldwin, 4740 47th Court, Lindsay Lanes, speaking on behalf of other
community residents, discussed the contract of the Executive Aide and the Board's handling of the
matter at its last meeting. He also wanted to address handling of taxpayers' money and believes
citizens should come forward and raise warning flags when there is something that concerns them
and the county. He asked whether the public would be given an opportunity to address the matter
of hiring individual Aides, and what would be the cost to the taxpayers. He questioned the need for
individual Aides at a high rate of pay to taxpayers, and the justification for hiring Aides without
public input.
Chairman Wheeler assured Mr. Baldwin that there would be public discussions, the
public would have input, and the issue of individual aides has not yet been decided.
No Board action required or taken.
9.B.3. REQUEST TO SPEAK FROM JOSEPH PALADIN,
CHAIRMAN, GROWTH AWARENESS COMMITTEE
REGARDING CHAPTER 910 AND PROPORTIONATE
SHARE SENATE BILL 360
Mr. Joseph Paladin, Chairman, Growth Awareness Committee (a Private Sector
Organization) brought up this item seeking clarity on how Proportionate Share is being applied
February 6, 2007 36
(with the newly adopted Chapter 910) and what was the intent of the Board. He discussed the
options he thought they had which include vested building permits. He also discussed staffs
recommendation, and the rationing program. He challenged Director Keating's comments
regarding Proportionate Share agreement and the number of trips available. He understood that
one was not allowed to vest unless there was a building permit and believed that is what was voted
on.
Commissioner Davis provided some clarity to Mr. Paladin's concerns. Detailed
discussion ensued among the Board, staff and audience members regarding proportionate share,
counting trips, what they are going to do on Route 60, and the provisions of Senate Bill 360 (SB
360) regarding entering into a proportionate share agreement.
Chairman Wheeler felt they needed to bring this back at another meeting.
There was CONSENSUS to bring this back at another meeting.
Discussion continued among Board members and Mr. Paladin regarding broken
links on US 1 that are not "prop sharable", and inability to change the ordinance.
Commissioner Flescher explained his intent when he made reference to SB 360
regarding the rationing issue.
Andrew Kennedy, 535 Eugene Road, sought confirmation on his understanding
that the ordinance would be effective March 1st. After being told, "Yes", he inquired whether
these scenarios would "bump this back continually".
There was more discussion on adopting a pending ordinance, and vesting on a
broken link.
February 6, 2007 37
There was CONSENSUS to bring this matter back for
discussion at a meeting in March 2007.
9.B.4. REQUEST TO SPEAK FROM JOSEPH PALADIN,
CHAIRMAN, GROWTH AWARENESS COMMITTEE
REGARDING UPDATE ON BONDING OUT
Mr. Joseph Paladin offered to table this Item to a future meeting.
9.B.5. REQUEST TO SPEAK FROM NANCY B. WOOD, THE
GREEN TEAM, REGARDING AN INVITATION TO THE
COMMISSIONERS AND PUBLIC TO PARTICIPATE IN
EFFORTS TO PLANT TREES, IMPLEMENT RECYCLING
PROGRAMS, ETC.
Nancy B. Wood, 590 26th Avenue, Laurelwood, thanked the Board for the
opportunity to speak to them about their "newly formed and growing effort called The Green
Team". She provided a brief history on the inception and goal of the group, which is to raise
awareness on ecological concerns facing us today. She was not asking for money but formally
invited the Board to its next meeting on February 22, 2007 at 7:30 at the Bethel Creek House. (Her
daughter Alyssa handed out baskets of "ecologically sound gifts" to Board members). Ms. Wood
asked the Board to support their effort of planting trees and implementing recycling programs by
attending the Earth Day event. In closing she quoted Margaret Meade, "Never doubt that a small
group of thoughtful and committed individuals can change the world. Indeed, it is the only thing
that ever has."
February 6, 2007 38
9.C. PUBLIC NOTICE ITEMS -
1. NOTICE OF SCHEDULED PUBLIC HEARINGS FEBRUARY
13, 2007:
A. CHESTNUT AND SMITH: REQUEST TO REZONE ±3.35
ACRES LOCATED EAST OF US HIGHWAY 1 AND
APPROXIMATELY 1,000 FEET SOUTH OF 77TH STREET
FROM CL, LIMITED COMMERCIAL, TO CG, GENERAL
COMMERCIAL. KENNETH CHESTNUT AND VICTOR AND
KATHY SMITH, OWNERS, MBV ENGINEERING, INC.,
AGENT (QUASI-JUDICIAL)
B. UNITED INDIAN RIVER PACKERS LLC AND
HIGHPOINTE LLC: REQUEST FOR A SMALL SCALE
LAND USE MAP AMENDMENT TO REDESIGNATE 8.36
ACRES FROML-2, LOW DENSITY RESIDENTIAL -2 (UP TO
6 UNITS/ACRE), TO C/I, COMMERCIAL INDUSTRIAL, AND
TO REZONE THOSE 8.36 ACRES FROM RM -6,
MULTI -FAMILY RESIDENTIAL (UP TO 6 UNITS/ACRE), IL,
LIGHT INDUSTRIAL; AND A REQUEST TO REDESIGNATE
8.36 ACRES FROM C/I, COMMERCIAL INDUSTRIAL, TO
L-1, LOW DENSITY 1 (UP TO 3 UNITS/ACRE). UNITED
INDIAN RIVER PACKERS LLC AND HIGHPOINTE LLC,
February 6, 2007 39
OWNERS WILLIAM CALDWELL, AGENT.
(LEGISLATIVE)
2. NOTICE OF SCHEDULED PUBLIC HEARINGS FEBRUARY
13, 2007:
ESTABLISHMENT OF THE WEST WABASSO
STREETLIGHTING MUNICIPAL SERVICES BENEFIT
UNIT AND AMENDMENT TO INDIAN RIVER COUNTY
CODE SECTION 200.07 (LEGISLATIVE)
The Chairman read the notices into the record.
10. COUNTY ADMINISTRATOR'S MATTERS - NONE
11. COMMUNITY DEVELOPMENT
A. COMMUNITY DEVELOPMENT
1. REQUEST TO MODIFY THE COUNTY'S IMPACT FEE
FINANCING PROGRAM LOCAL ECONOMIC
DEVELOPMENT INCENTIVE
Community Development Director Bob Keating announced that this item has
returned with changes, which he outlined. He asked the Board to approve staff's recommendation
to revise the impact fee financing program as proposed.
Chairman Wheeler inquired about the County's options, whether we would be the
February 6, 2007 40
first lien holder or we would not file a lien depending on the credit. Director Keating advised "or
we could opt not to do the financing too."
Commissioner O'Bryan advised that as liaison to the EDC they purposely wanted
this to be a little bit open ended to allow for some negotiations. Further, the terms need to be
approved by the Board of County Commissioners, so we would have final say.
11.B.
11.C.
11.D.
11.E.
11.F.
11.G.
11.H.
On Motion by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
for the revision of the impact fee -financing program, as
proposed and as recommended in the memorandum of
January 29, 2007.
EMERGENCY SERVICES - NONE
GENERAL SERVICES - NONE
HUMAN RESOURCES - NONE
HUMAN SERVICES - NONE
LEISURE SERVICES - NONE
OFFICE OF MANAGEMENT AND BUDGET - NONE
RECREATION - NONE
February 6, 2007 41
11.I.1 PUBLIC WORKS - APPROVAL OF BID AWARD AND
SAMPLE AGREEMENT FOR IRC BID # 2007033, GIFFORD
PARK SECURITY HOUSE/PUBLIC WORKS DEPARTMENT
Public Works Director Jim Davis updated the Board on the Bid process. He asked
the Board to approve staffs recommendation to award the Bid to Passage Island Homes.
Brian McKenney, B'Mack Construction, misunderstood some things on the Bid
form. He defended his qualifications and expertise for doing this job, gave reasons why he should
be awarded this Bid, and argued that his Bid would be a savings to taxpayers.
(Clerk's Note: Attorney Collins left the meeting at 3:09 p.m.)
Director Davis addressed Mr. McKenney's Bid and outlined staffs concern with
certain issues. He stated there were no references or evidence provided to support Mr.
McKenney's claim to being qualified. Therefore, he stood by staffs recommendation.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner O'Bryan for discussion, to
approve staffs recommendation.
Commissioner Flescher inquired if there was an established need for the security
house. Director Davis stated that it was a combination of civic groups and County staff that
decided the need for security, based on investments in the area and known vandalism on
February 6, 2007 42
properties.
(Clerk's Note: Attorney Collins rejoined the meeting at 3:16 p.m.)
Commissioner Flescher continued to debate the need for 24-hour security in that
area. He read results of a law enforcement response to crime in the Gifford Youth Activity Center
area and wondered if that warranted the County investing that amount of money when it was not
proven that such security presence might reduce crime.
Commissioner Davis felt there were opportunities for crime to exist there and
security presence does keep everyone in place.
Discussion ensued regarding purchasing a home for 24-hour police security and the
possibility of future needs by other communities, the type of building to put on the property, who
would maintain it, and whether it was budgeted item.
Commissioner Davis WITHDREW HIS MOTION to
approve staffs recommendation. MOTION DIED.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis to disapprove the
endeavor of going forward with a building for the specified
area under this Bid.
The Chairman clarified the Motion and there was no further discussion.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously to reject staffs recommendation and
pursue other avenues.
February 6, 2007 43
11.J.1
11.J.2.
UTILITIES SERVICES -
APPROVAL OF BID AWARD AND SAMPLE AGREEMENT
FOR IRC BID # 2007025 MASTER IN-LINE PUMP STATION -
UTILITIES DEPARTMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously: (1)
awarded the Bid, including the addition of the "Bumpless
Transfer" alternative, to TLC Diversified, Inc., as the
lowest most responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid; (2)
approved the Sample Agreement; and (3) 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, all as recommended in the
memorandum of January 29, 2007.
APPROVAL OF BID AWARD AND SAMPLE AGREEMENT
FOR IRC BID # 2007026 WATER, SEWER & RECLAIM
WATER LINE REPLACEMENT/EXTENSION (ANNUAL
LABOR CONTRACT BID) - UTILITIES DEPARTMENT
February 6, 2007 44
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously awarded
the Bid jointly to Underground Utilities, Inc. and Derrico
Construction Corp., as the lowest most responsive and
responsible bidders meeting the specifications as set forth
in the Invitation to Bid. Term of this agreement will be two
(2) years with an option to renew for an additional period of
up to two (2) years. The Board also approved the Sample
Agreement and authorized the Chairman to execute said
Agreement with each Contractor when required Certificate
of Insurance has been received and approved by Risk
Management and the County Attorney has approved the
Agreement as to form and legal sufficiency, all as
recommended in the memorandum of January 30, 2007.
Submittal of Performance and Payment Bonds will be
required on an individual project basis for all projects with
a cost exceeding $25,000.00.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.3 APPROVAL OF BID AWARD AND SAMPLE AGREEMENT
FOR IRC BID # 2007028, PHASE I FORCE MAIN WEST
WASTEWATER TRANSMISSION SYSTEM - UTILITIES
DEPARTMENT
ON MOTION by Vice Chair Bowden, SECONDED by
February 6, 2007 45
Commissioner Wheeler, the Board unanimously awarded
the Bid to SPS Contracting, Inc., as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid. The
Board also 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, all as recommended in the
memorandum of January 29, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.4 VERO VILLAGE DEVELOPER'S AGREEMENT FOR
OFF-SITE 8 -INCH WATER MAIN AND 6 -INCH SEWER
FORCE MAIN CONSTRUCTION ON 37TH STREET WEST OF
58TH AVENUE
Utilities Director Erik Olson presented this item as a standard Developer's
Agreement where the Developer either pays 100% or we get reimbursed through line extension
fees. He provided background on the matter by recapping his memorandum of January 17, 2007
and asked the Board to approve staffs recommendation.
Director Olson also responded to questions from Commissioner O'Bryan regarding
associated costs and whether the fees were fixed.
ON MOTION by Commissioner O'Bryan, SECONDED by
February 6, 2007 46
Chairman Wheeler, the Board unanimously approved the
Developer's Agreement, authorized the Utilities
Department to recover capacity charges and line extension
fees from future development, and authorized the Chairman
to execute said Agreement, as recommended in the
memorandum of January 17, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
11.J.5 GRAND HARBOR SPOONBILL MARSH SITE, AMENDMENT
TO GRANT RESTORATION, ACCESS AND RECREATION
EASEMENT
Director Olson said this was a continuation of what was talked about earlier today.
He provided background recapping his memorandum of January 26, 2007. He asked the Board to
approve staff's recommendation to approve the agreement in concept until Grand Harbor has
signed the Agreement. He also recommended a waiting period of 10-12 days after which he would
return to the Board with a report.
On Motion by Commissioner Davis, SECONDED by Vice
Chair Bowden, the Board unanimously approved the
Amendment to the Restoration, Access and Recreation
Easement in concept and Director Olson would bring back
the signed agreement to the Board in two (2) weeks for the
Chairman's signature.
February 6, 2007 47
AMENDMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
11.J.6 GRAND HARBOR SPOONBILL MARSH SITE, WORK
ORDER NO. 17 WITH MASTELLER, MOLER, REED &
TAYLOR, INC. FOR SPECIFIC PURPOSE SURVEY OF THE
SUBMERGED LAND LEASE AREA
Director Olson explained that this is a Department of Environment Protection (DEP)
requirement on survey associated with the submerged lands and it is not part of the original survey.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Work Order No. 17 with Masteller, Moler, Reed & Taylor,
Inc., in the amount not to exceed $22,450.00 to provide
additional survey services for the Spoonbill Marsh Site, and
authorized the Chairman to execute said Work Order, as
recommended in the memorandum of January 26, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
11.J.7 AMENDMENT NO. 3 TO WORK ORDER NO. 1 WITH
ECOTECH CONSULTANTS, INC. FOR PERMITTING
SERVICES FOR THE SPOONBILL MARSH SITE
Director Olson explained that this finalizes a very complex design process. Further,
staff had met with the Department of Environmental Protection, the Corp of Engineers, and they
February 6, 2007 48
are putting the final elements of the design components together on this.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Addendum No. 3 to Work Order No. 1 with ECI in the
amount not to exceed $99,475.00 to provide additional
design and permitting services for the Spoonbill Marsh
Site, and authorized the Chairman to execute said
Addendum, as recommended in the memorandum of
January 26, 2007.
AMENDMENT NO. 3 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
The Chairman called a break at 3:35 p.m. and reconvened the meeting
at 3:46 p.m. with all members present.
12. COUNTY ATTORNEY - NONE
13. COMMISSIONERS' ITEMS
A. CHAIRMAN GARY C. WHEELER
1. RECONSIDERATION OF BOARD OF COUNTY
COMMISSION OFFICE AREA IN NEW COUNTY
ADMINISTRATION BUILDING
February 6, 2007 49
Chairman Wheeler asked the Board to reconsider the County Commission's office
areas for the possibility of having Aides/Secretaries offices in front of each respective office as a
matter of privacy. Between Drawings "A — E" he preferred drawing "B".
Vice Chair Bowden discussed the most convenient and efficient settings for the
office as she saw it and wanted to stay with what was approved earlier.
Chairman Wheeler was concerned with distractions from a general office area and
the need for privacy.
The Board and staff engaged in discussions regarding the differences between
Drawings A & B, the possibility of more informal meeting rooms, and what could be done.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to reconsider the
request and adopt drawing "B".
Commissioner O'Bryan explained his reasons for making the Motion. More
discussion ensued regarding the layout of the office. Director Frame responded to Commissioner
Flescher's question of how much of a cost factor would be associated with the change from one
plan to another.
The Chairman CALLED THE QUESTION and by a 4-1
vote (Vice Chair Bowden opposed) approved Drawing "B"
for the changes to be made to County Commissioners office
layout.
February 6, 2007 50
13.A.2 COUNTY COMMISSION OFFICE STAFFING
Chairman Wheeler read his memorandum to the Board dated February 5, 2007 and
an E-mail from the County Attorney regarding Board of County Commission Office staffing. He
outlined the changes that have been effected relative to administrative staff in the County
Commission's office since the release of the Executive Aide on January 23, 2007.
Commissioner Davis questioned whether they were putting another individual in a
hostile working environment, as was the former employee.
Chairman Wheeler did not share Commissioner Davis' views. He recommended
they move forward and decide whether they want personal aides or not. Commissioner Bowden
agreed with the recommendation.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Wheeler, to accept staffing
provisions presented, with the caveat that (1) Darcy is
empowered to serve as Interim Executive Aide and make
decisions appropriate as she sees fit; and (2) if she may
resign from the Interim duties she could resume her status
prior to that staff change.
Commissioner Flescher asked if they needed a Motion in this regard. Discussion
ensued regarding whether a Motion was needed.
Further discussion ensued among Commissioners regarding alleged pressure on
February 6, 2007 51
employees and whether they were putting another employee in the same position as the former
Aide because there were no substantiating facts.
Commissioner Davis suggested they give Ms. Vasilas the 5% increase to assume the
position of Executive Aide without any title. Commissioner Flescher felt they should move
forward with some other initiative. Chairman Wheeler explained the intent of the proposal.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved to move Darcy
Vasilas, Assistant to the Executive Aide, to the Interim
Executive Aide position with a 5% increase in hourly
wages; remove Misty Pursel, Staff Assistant III, from
probationary status into the open Staff Assistant IV position
on an interim basis; and hire a temporary employee through
Manpower to staff the front desk serving as a receptionist.
All new employees will be hired as temporary until a
decision is reached by the Board of County Commissioners
on how the office should be staffed, all as recommended in
the memorandum of February 5, 2007.
13.B. VICE CHAIR SANDRA L. BOWDEN
1. REQUEST FOR DONATION OF UP TO THREE
COMPUTERS FROM SURPLUS TO MARIAN FELL
LIBRARY
Vice Chair Bowden announced that they have received three (3) computers for the
Library in Fellsmere. The computers were being declared surplus and are being donated to the
February 6, 2007 52
Marian Fell Library.
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, the Board unanimously approved for
three (3) surplus computers to be donated to the Marion Fell
Library, as requested in the memorandum of January 30,
2007.
13.C. COMMISSIONER WESLEY S. DAVIS - NONE
13.D. COMMISSIONER JOSEPH E. FLESCHER- NONE
13.E. COMMISSIONER PETER D. O'BRYAN
1. REQUEST FOR A RESOLUTION TO BE DRAFTED FOR
THE FLORIDA FOREVER PROGRAM
Commissioner O'Bryan referred to Ken Grudens' presentation last week regarding
the Florida Forever Program. He asked the Board to approve the recommendation for staff to
move forward with drafting a resolution in support of the Florida Forever Land Conservation
Program.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Wheeler, the Board unanimously approved for
staff to draft a resolution supporting additional funding for
Florida Forever and the creation of a successor program, as
requested in the memorandum of January 30, 2007.
February 6, 2007 53
2. REQUEST FOR CONSIDERATION OF HIRING A
CONSULTANT TO ASSIST STAFF WITH CHARTER
GOVERNMENT ORDINANCE
Commissioner O'Bryan reminded the Board that two weeks ago they voted and
directed staff to draft an Ordinance for Charter Government to be brought back for a voter
referendum. The Board also approved at that time a requisition of up to $25,000.00 for the hiring
of a Facilitator/Consultant to help organize and run various workshops to get public input. He
presented the Resume of Mr. Kurt Spitzer for consideration, announcing that Mr. Spitzer came
recommended by Virginia "Ginger" Delegal of the Florida Association of Counties.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Wheeler, to move forward with
writing up a contract to hire Mr. Kurt Spitzer as a
Facilitator/Consultant for the County.
Vice Chair Bowden inquired if there was a timeframe on how long the job would
take. Commissioner O'Bryan had an estimate from Mr. Spitzer which include his fees and how
many public hearings it would take.
Bid.
Discussion ensued regarding associated costs and whether they have to go out to
The Chairman CALLED THE QUESTION and the motion
carried. By a 4-1 vote (Commissioner Flescher opposed)
the Board approved the hiring of Consultant Kurt Spitzer to
assist with development of a Charter Government
Ordinance, as requested in the memorandum of January 30,
February 6, 2007 54
2007.
14. EMERGENCY SERVICES DISTRICT AND BOARDS
A. EMERGENCY SERVICES DISTRICT - NONE
B. SOLID WASTE DISPOSAL DISTRICT - NONE
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.
15. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 4:23 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/AA/2007 Minutes
February 6, 2007
55