HomeMy WebLinkAbout04/15/2008 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 15, 2008
1. CALL TO ORDER.........................................................................................1
2. INVOCATION................................................................................................1
3. PLEDGE OF ALLEGIANCE.......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS.............................................................................................................1
5. PROCLAMATIONS AND PRESENTATIONS........................................2
S.A. PRESENTATIONOFPROCLAMATIONDESIGNATINGAPRIL 13TH -19TH 2008, AS
LIBRARYAPPRECIATION WEEK ININDIANRIVER COUNTY ...................................... 2
5.B. PRESENTATION OFPROCLAMATIONDESIGNATINGAPRIL 19, 2008 AS EARTH
DAY, 2008.................................................................................................................... 2
5.0 PRESENTATION BYKEN CROSBY, WORLD CHANGERS ............................................... 2
6. APPROVAL OF MINUTES.........................................................................3
6.A. REGULAR MEETING OFMARCH 18, 2008.................................................................. 3
6.B. .IOINT DISCUSSION WITH SCHOOL BOARD -MARCH 13, 2008 .................................. 3
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION..................4
1
April 15, 2008
7 A. REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD: ........................... 4
THE CITY OF FELLSMERE ORDINANCE 08-01, VOL UNTEERING ANNEXING 1.00 =L
ACRES OF LAND ALONG THE DECLARATION OF COVENANTS AND THE
ANNEXATIONAGREEMENT BETWEEN THE CITY OF FELLSMERE AND 152
WEST, LLC.................................................................................................................. 4
8. CONSENT AGENDA.....................................................................................4
8.A. APPROVAL OF WARRANTS - MARCH28, 2008 THRUAPRIL 3, 2008 ........................ 4
8.B. APPROVAL OFRENEWAL FORA CLASS "A"CERTIFICATE OFPUBLIC
CONVENIENCE AND NECESSITY FOR INDIANRIVER SHORES DEPARTMENT OF
PUBLICSAFETY........................................................................................................... 5
8.C. FINAL PAYMENT TO KIMLEY-HORN & ASSOC. FOR DESIGN, BIDDING AND
CONSTRUCTIONSERVICES FOR WORK ORDER NO. 12 FOR WEST REGIONAL
WASTEWATER TRANSMISSION SYSTEM AND MASTER PLANIN-LINE PUMP
STA TIONNo. 89 AT 1550 9'NSTREET SW- UCP 2628, W4IP NO.472-
169000-06531............................................................................................................. 5
8.D. FOURTH OF.IULYFIREWORKSFUNDING,MISCELLANEOUSBUDGET
AMENDMENT009........................................................................................................ 6
8.E. AWARD OFDETENTIONDOOR OPERATOR UPGRADE RFP 2008038 ........................ 7
8.F. REQUEST PERMISSION TO ADVERTISE FOR A PUBLICHEARING TO AMEND
SECTIONS 303.33 AND 303.35 OF THE IND1ANRIVER COUNTY CODE TO ALLOW
DEMOLITIONINSPECTIONAND RE INSPECTION FEES TO BE SET BY COUNTY
RESOLUTION................................................................................................................ 8
8.G. NEwH. U.D. GRANT AGREEMENT FOR $354,540 FOR SHELTER PLUS CARE
GRANT......................................................................................................................... 8
8.H. IRCJAIL EXPANSIONPROJECTPROPOSED CHANGE ORDER #17-
CORRECTION............................................................................................................... 9
8.L INDIANRIVERCOUNTYFAIRGROUNDSMASTERPLAN UPDATE ..............................9
8.J. WORK ORDER No. 2 (ENGINEERING/SURVEYING), CARTER ASSOCL4TES, INC. -
FULL & FINAL PAYMENT, 66THAVE. ROADWAYIMPROVEMENTS/DESIGN-
SOUTHOFSR60, SURVEYHORIZONTALAND VERTICAL CONTROL PROJECT........ 10
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April 15, 2008
8.K. WORK ORDER NO. 6 (ENGINEERING/SURVEYING), MASTELLER, MOLER, REED
AND TAYLOR, INC., CR512 PHASEIVROADWAYIMPROVEMENTS, 102ND
TERRACE ABANDONMENT & IOIST AVE RE -ALIGNMENT BOUNDARYSURVEYS ... 10
8.L. 4THSTREET/35THAVENUE CANAL (AKA COOCHDITCH) BRIDGE
REPLACEMENT, IRCPROJECT # 0209 & IITHSTREETSWPAVINGPROJECT
FROM I7THAVENUE S W TO 91H COURTS W., IRC PROJECT # 9321 -
CHANGE ORDER NO. 2 & RELEASE OF RETAINAGE FOR TIMROSE
CONTRACTING........................................................................................................... 11
8.M. AUTHORIZATION TO RETURNPLEASANT RIDGE SCHOOL PROPERTYBACK TO
INDIANRIVER COUNTYSCHOOL DISTRICT.............................................................. 11
8.N. OSLO ROAD BOAT RAMP, IRCPROJECT NO. 0381, GKENVIRONMENTAL INC.
SERVICES, ARCHAEOLOGICAL AND HISTORICAL SURVEY ....................................... 12
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES-NONE.......................................................................................12
10. PUBLIC ITEMS............................................................................................12
I0.A.1. PUBLIC HEARINGS-NONE.............................................................................12
IO.B. PUBLICDISCUSSIONITEMS-NONE..............................................................12
IO.C. PUBLICNOTICE ITEMS ......................................................................................13
10. C I. NOTICE OF SCHEDULED PUBLIC HEARING FOR APRIL 29,2008: ....................... 13
PROPOSED ORDINANCE TO AMEND INDIANRIVER COUNTY CODE SECTION
913.10(2)(B)3 TOLOWER THEA.M. BESTRA TING REQUIREMENT FROM
A+VII TOA -VI FOR MAINTENANCE BONDS (LEGISLATIVE) .................................. 13
11. COUNTY ADMINISTRATOR MATTERS............................................13
H.A. PIPER 13
12. DEPARTMENTAL MATTERS.................................................................13
12.A. COMMUNITY DEVELOPMENT................................................................................... 13
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April 15, 2008
12.A. I. CONSIDERATION OF IMPACT FEE STUDYALTERNATIVES................................... 13
12.A.2. CONSIDERATIONOFDRAFTINTERLOCALSERVICEBOUNDARYAGREEMENT
(ISBA)....................................................................................................................... 20
12.B. EMERGENCYSERVICES-NONE.................................................................................25
12. C. GENERAL SER VICES-NONE.......................................................................................25
12.D. HUMANRESOURCES-NONE...................................................................................... 25
12.E. HUMANSERVICES-NONE.......................................................................................... 25
12.F. LEISURE SERVICES-NONE........................................................................................ 25
12.G. OFFICE OF MANAGEMENT AND B UDGET-NONE..................................................... 25
12.IL REcREATtoN-NONE.................................................................................................. 25
12.L PUBLIC WORKS-NONE.............................................................................................. 26
12.J UTILITIESSERVICES.................................................................................................26
12.1.1. IRCBID NO.2007068, REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS.
STATIONARY GENERATORS FOR (5) HIGH FLOW LIFT STATIONS, UTILITIES
DEPARTMENT............................................................................................................ 26
12.J.2. APPROVAL OF WORK ORDER No. 17 WITH GEOSYNTEc FOR GROUND WATER
ASSESSMENT AND MONITORING PROPOSAL NORTH COUNTY WATER FACILITY... 26
12. J 3. WEST REGIONAL WASTEWATER TREATMENT PLANT EXPANSION FROM 2 MGD
TO 6 MGD - CHANGE ORDER No.1 FOR DIRECT PURCHASE OF MATERIALS -
UCP -2621 ....... ........ .... .... .... .... ........ ........ .... .... .... .... ........ .... .... .... .... .... .... ........ .......... 27
12.14. AWARD oFRFP2008043 - UTILITYBILLINGPRINTING & MAILINGSERVICES.. 27
13. COUNTY ATTORNEY MATTERS.........................................................28
B.A. PROPERTYEXCHANGE WITH THE STATE OF FLORIDA FOR A STORM WATER
POND FOR COUNTYROAD 512 WIDENING AND RIGHT-OF-WAY FOR
REALIGNMENT OF 101ST STREET/102ND TERRACE ................................................ 28
B.B. DEMOLITIONLIENS..................................................................................................29
14. COMMISSIONER ITEMS.........................................................................29
M.A. COMMISSIONER SANDRA L. BowDEN, CHAIRMAN -NONE ...................................... 29
14.B. COMMISSIONER WESLEYS, DA VIS, VICE CHAIRMAN -NONE ................................. 29
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April 15, 2008
14. C COMMISSIONER JOSEPH E. FLESCHER-NONE........................................................ 30
14.D. COMMISSIONER PETER D. O'BRYAN-NONE...........................................................30
14.E. COMMISSIONER GARY C. WHEELER-NONE............................................................. 30
15. SPECIAL DISTRICTS AND BOARDS....................................................30
15.A. EMERGENCY SERVICES DISTRICT.
30
15.A. EMERGENCY SERVICESDISTRICT............................................................................ 30
1. ADDITIONAL STAFFING AT FIRE -RESCUE STATIONS 6 AND 11 ............................... 30
15.B. SOLID WASTE DISPOSAL DISTRICT-NONE............................................................... 30
15. C ENVIRONMENTAL CONTROL BOARD-NONE............................................................. 30
16. ADJOURNMENT.........................................................................................30
5
April 15, 2008
April 15, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th St., Vero Beach, Florida, on
Tuesday, April 15, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley S.
Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:01 a.m.
2. INVOCATION
Teddy Floyd, IRCSO Crime Prevention Unit, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Sandra L. Bowden led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Bowden requested the following change to today's Agenda:
1. Delete Item 11.-"A. Piper".
The Board Consensus was to approve the above change to the Agenda.
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April 15, 2008
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATIONDESIGNATING APRIL 13TH -19TH
2008, ASLIBRARYAPPRECIATION WEEK ININDIANRIVER COUNTY
Chairman Bowden read and presented the Proclamation to Lynn Walsh, North
County Library, and Cindy Krupp, Courthouse Law Library, who thanked the Board, the Friends
of the Library, and the library's many volunteers, for their support.
S.B. PRESENTATION OF PROCLAMATIONDESIGNATING APRIL 19. 2008 AS
EARTHDAY, 2008
Commissioner O'Bryan read and presented the Proclamation to Board members
Nancy Wood and Barbara Lipton, of the Indian River County Green Team, who invited everyone
to attend the Earth Day Celebration to be held on April 19, 2008.
5.C. PRESENTATIONBYKEN CROSBY. WORLD CHANGERS
Ken Crosby and Harvey Webb were present on behalf of World Changers. Mr.
Webb provided a history of the organization, whose purpose is to help with substandard housing.
Chairman Bowden, and Commissioners O'Bryan and Wheeler discussed the huge
benefits resulting from the World Changers program, and stated that although it was a tight
budget year, they would do whatever was necessary to contribute funding for World Changers.
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April 15, 2008
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF MARCH 18, 2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of March 18, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Bowden, the Board unanimously approved the
Minutes of the Regular Meeting of March 18, 2008, as
written.
6.B. JwNT DISCUSSION WITHSCHOOL BOARD -MARCH 13. 2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Joint Discussion with the Indian River County School Board of March 13, 2008. There were
none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Joint Discussion with the School Board
of March 13, 2008, as written.
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April 15, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REOUIRING BOARD ACTION
7.A. REPORT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD:
THE CITY OF FELLSMERE ORDINANCE 08-01, VOL UNTEERING
ANNEXING 1.00 f ACRES OF LAND ALONG THE DECLARATION OF
COVENANTS AND THE ANNEXATIONAGREEMENT BETWEEN THE CITY
OF FELLSMERE AND 152 WEST, LLC
8. CONSENT AGENDA
Commissioner Wheeler requested to Pull Item 8.1) for discussion.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS - MARCH 28.2008 THRUAPRIL 3.2008
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for the time period of March 28, 2007 to April 3,
2008, as requested in the memorandum dated April 3,
2008.
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April 15, 2008
8.B. APPROVAL OF RENEWAL FOR A CLASS "A" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR INDIAN RIVER SHORES
DEPARTMENT OF PUBLIC SAFETY
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved renewal of the Class "A" Certificate of Public
Convenience and Necessity for Indian River Shores
Department of Public Safety, to be effective for a period
of two (2) years from April 15, 2008, to April 15, 2010, as
recommended in the memorandum of April 4, 2008.
COPY OF CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. FINAL PAYMENT TO KIMLEY-HORN chic ASSOC. FOR DESIGN, BIDDING
AND CONSTRUCTION SER VICES FOR WORK ORDER NO. 12 FOR WEST
REGIONAL WASTEWATER TRA NSMISSIONSYSTEM AND MASTER PLAN
IN LINE PUMP STA TIoNNo. 89 AT 1550 9TH STREET SW- UCP 2628,
W4IP No. 472-169000-06531
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Final Invoice No. 3341619 from Kimley-
Horn & Assoc. in the amount of $2,022.00 for engineering
design, permitting, construction plans, bid documents,
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April 15, 2008
bidding assistance and construction services, as
recommended in the memorandum of March 29, 2008.
The final payment of $2,022.00 will release the retainage
and complete the County's obligation to Kimley-Horn &
Assoc.
8.D. FOURTH OF.IULYFIREWORKSFUNDING,MISCELLANEOUSBUDGET
AMENDMENT 009
Because of this year's budgetary constraints, Commissioner Wheeler wanted to
choose Alternative #1, to decline funding for the fireworks displays for the Cities of Sebastian
and Vero Beach.
Board members wondered if the fireworks funding could come from the Tourist
Tax. Attorney Collins explained why funding fireworks was not an appropriate use of that tax.
Further discussion ensued as Chairman Bowden, Vice Chairman Davis, and
Commissioners Flescher and O'Bryan attested to the importance and value of having the
fireworks displays to draw the community together in celebration of America's birthday. In spite
of this year's budgetary constraints, it was decided to proceed with the contribution of funds to
the cities of Sebastian and Vero Beach for the fireworks.
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April 15, 2008
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board, by a 4-1 vote
(Commissioner Wheeler opposed), approved: (1)
Alternative 2, to fund the fireworks displays for the Cities
of Sebastian and Vero Beach in the amount of $2,500.00
each, as recommended in the memorandum of April 9,
2008 (Staff recommends that any contribution serve as a
match for the amount funded by the respective city up to
$2,500.00); and (2) Resolution 2008-041, amending the
fiscal year 2007-2008 budget.
8.E. AWARD OFDETENTIONDOOR OPERATOR UPGRADE RFP 2008038
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved: (1) that RFP 2008038 be awarded to Willo
Products of Decatur, Alabama, and (2) the Sample
Agreement, and authorized the Chairman to execute same
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 April 8, 2008.
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April 15, 2008
8.F. REQUEST PERMISSION TO ADVERTISE FOR A PUBLIC HEARING TO
AMEND SECTIONS 303.33 AND 3 03.3 5 OF THE INDIAN RIVER COUNTY
CODE To ALL 0 w DEMOLITION INSPECTION AND RE INSPECTION
FEES TO BE SET B Y CO UNTY RESOL UTION
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
authorized staff to advertise for a public hearing to be held
April 29, 2008, to amend Sections 303.33 and 303.35 of
The Code to allow demolition inspection and re -inspection
fees to be set by Resolution, as recommended in the
memorandum of April 8, 2008.
8.G. NEwH. U.D. GRANT AGREEMENT FOR $354,540 FOR SHELTER PLUS
CARE GRANT
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Shelter Plus Care Grant Application, as
recommended in the memorandum of April 8, 2008.
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April 15, 2008
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. IRC .TAIL EXPANSION PROJECT PROPOSED CHANGE ORDER W 7 -
CORRECTION
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Change Order #17 as corrected, and authorized
the Chairman to execute the final document after approval
of the legal staff and receipt of the executed Change Order
from the Contractor, Peter R. Brown Construction, Inc., as
recommended in the memorandum of April 7, 2008.
8.L INDIANRIVER COUNTYFAIRGROUNDSMASTER PLAN UPDATE
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Alternative No. 2, denying approval of the
Agreement with Land Design South of Florida, Inc.
cancelling the Fairgrounds Master Plan Update, due to
funding constraints at this time, as recommended in the
memorandum of April 4, 2008.
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April 15, 2008
8.J. WORK ORDER No. 2 (ENGINEERING/SURVEYING), CARTER
ASSOCIATES, INC. - FULL & FINAL PAYMENT, 66THAVE ROADWAY
IMPROVEHENTS/DESIGN - SOUTH OF SR 60. SURVEYHORmONTAL
AND VERTICAL CONTROL PROJECT
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved payment of Invoice No. 07504-1, dated March
26, 2008, to Carter Associates, Inc. in the amount of
$10,550.00, as recommended in the memorandum of April
4, 2008.
8.K WoRK ORDER No. 6 (ENGINEERING/SURVEYING). MASTELLER.
MOLER. REED AND TAYLOR. INC.. CR512 PHASE IV ROADWAY
IMPROVEMENTS, 102ND TERRACE ABANDONMENT & 1 O1 ST AVE RE-
ALIGNMENT BOUNDARYSURVEYS
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Work Order No. 6 with Masteller, Moler, Reed
and Taylor, Inc., authorizing IRC Project No. 9611B, as
outlined in the Scope of Services, and authorized the
Chairman to execute same, as recommended in the
memorandum of April 4, 2008.
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April 15, 2008
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. 4THSTREET/35THAVENUE CANAL (AKA COOCHDITCH) BRIDGE
REPLACEMENT, IRC PROJECT # 0209 & II TH STREET SW PAVING
PROJECT FROM I %THAVENUE S. W. TO 9TH COURTS. W., IRC
PROJECT # 9321- CHANGE ORDER NO. 2 & RELEASE OF RETAINAGE
FOR TIM ROSE CONTRACTING
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Change Order No. 2 and release of retainage to
Timothy Rose Contracting in the amount of $121,410.90,
with funding as specified, and as recommended in the
memorandum of April 4, 2008.
8.M. AUTHORIZATION TO RETURN PLEASANT RIDGE SCHOOL PROPERTY
BACK TO INDIAN RIVER COUNTY SCHOOL DISTRICT
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved: (1) the return of the "Pleasant Ridge School"
back to the School Board less the property currently under
use and occupation by the Fire District for Fire Station #5;
and (2) authorized the County Attorney to coordinate with
the Attorney for the School District and proceed with the
preparation of appropriate paper work for a transfer of the
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April 15, 2008
property accordingly, as recommended in the
memorandum of April 1, 2008.
S.N. Ono ROAD BOAT RAMP, IRCPRorECTNo. 0381, GK
ENVIRONMENTAL INC. SERVICES, ARCHAEOLOGICAL AND HISTORICAL
SURVEY
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the revised additional consulting services by
G.K. Environmental, Inc. to perform an archaeological
and historical survey of the Oslo Road Boat Ramp project
area in the amount of $955.35, as recommended in the
memorandum of April 9, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
IO.A.1. PUBLICHEARINGS-NONE
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April 15, 2008
10.0 PUBLIC NOTICE ITEMS
10. C I. NOTICE OF SCHEDULED PUBLIC HEARING FOR APRIL 29,2008:
PROPOSED ORDINANCE TO AMEND INDIANRIVER COUNTY CODE
SECTION 913.10(2) (B)3 TO LOWER THE A.M. BEST RATING
REQUIREMENT FROMA+VII TOA -VI FOR MAINTENANCE BONDS
(LEGISLATIVE)
The Chairman read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS
II.A. PIPER
This item was deleted at the request of Administrator Baird, with the intent to
bring it back at the April 22, 2008 Board Meeting.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A. I. CONSIDERATION OF IMPACT FEE STUDYALTERNATIVES
Community Development Director Robert Keating reviewed the March 28, 2008
memorandum and utilized a PowerPoint presentation (copy on file) to recap the background and
history of this item. Subsequent to the release of an Impact Fee Study prepared by Duncan
Associates, the Board had asked the Vero Beach and Sebastian Chambers of Commerce to
spearhead an Impact Fee Task Force, in order to review the Duncan Report. The Treasure Coast
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April 15, 2008
Builder's Association (TCBA) had also produced a report following review of the Duncan
Associates Report.
Subsequent to hearing the Impact Fee Task Force and the Treasure Coast Builders
Association's Reports on the Impact Fee Study, the Board held an Impact Fee Workshop on
March 6, 2008, at which staff was given three directives. Director Keating presented the
directives and staff's position on each item as follows:
(1) Revise thresholds for single-family homes to create a category with less
square footage, to lower impact fees for affordable housing
Staff recommended creating a new single-family impact fee category, of less than
1,200 square feet.
(2) Examine State Road construction costs in the Traffic Impact Fee (TIF)
cost per lane mile calculation (one of the principal variables in the TIF)
Staff recommended maintaining consideration of State Road construction costs in
the cost per lane mile calculation.
(3) Reevaluate Commercial/Industrial Impact Fee rates
Stafffelt the fees were correct as currently calculated.
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April 15, 2008
Continuing his presentation, Director Keating briefed the Board on the five (5)
alternatives to the Impact Fee Study as follows:
(1) Table the study
(2) Approve the study and increase fees
(3) Approve the study and phase in the increases
(4) Approve the study, but discount proposed fees to maintain rates at existing
levels
(5) Approve the study, eliminate some fees, and increase other fees
Director Keating discussed how the Level of Service (LOS) standards related to
concurrency, as well as the methodology used by Duncan Associates in developing new LOS
standards.
Staff responded in detail to the following Board concerns regarding the equity of
the Transportation Impact Fees: (1) how trips were calculated for the different categories of
residences (single-family [including seasonal] homes, multi -family residences, and mobile
homes); (2) the variables resulting from using nationwide vs. County -specific data; and (3)
neighborhood commercial developments having an unfair cost burden.
The Chairman called a recess at 10:30 a.m., and reconvened the meeting at 10:46
a.m., with all members present.
The Chairman opened the floor for public input.
The following speakers were opposed to accepting the Impact Fee Study at this
time:
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April 15, 2008
Andy Bowler, Indian River Habitat for Humanity - President
Terry Torres, 1555 Club Drive
Chuck Mechling, 1999 Pointe West Drive
Bill Curtis, 3410 Buckinghammock Trail, and Chamber of Commerce Chairman
Charlie Wilson
Jeff Thompson, Vero Beach
Chip Landers, 1636 51st Court, Impact Fee Task Force member
Nancy Offutt, Impact Fee Task Force, and Treasure Coast Builders Association
(TCBA) Government Affairs Director
The following speakers advocated obtaining further information, or making
adjustments to the Impact Fee Study:
John Williams, 1535 Smugglers Cove
John Higgs, representing the Indian River Neighborhood Association (IRNA)
Karen Disney-Brombach, Indian River County School Board -Chairman
Don Wright, 720 North Fischer Circle, Impact Fee Task Force member
Peter Robinson, 315 Greytwig Road, Impact Fee Task Force member
Joseph Paladin, President of Black Swan Consulting and Growth Awareness
Committee Chairman
The following speakers supported the acceptance of the Impact Fee Study:
Ital Veron, 280 Peppertree Drive
Honey Minuse, Impact Fee Task Force Committee Member
Penny Chandler, representing Indian River Chamber of Commerce, and an
Impact Fee Task Force facilitator, asked the Board to retain current impact fee rates, and to
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April 15, 2008
consider the Task Force's recommendation to use creative solutions for future infrastructure
needs.
Kirk Sorenson, consultant to the Treasure Coast Builders Association on the
Duncan Associates Report, spoke of the necessity for the Impact Fee update to take into
consideration local demographics. He believed that the Board needed to understand the details
of calculating the fees, and advocated having a line item veto available for each component of
the fees.
Steve Smith, Vero Beach, suggesting that a more equitable method of collecting
needed monies would be to have a transfer tax on every real estate transaction. However,
Attorney Collins advised that in order to locally adopt a real estate transfer tax, the County
would need authorization through the State legislature.
Seeing no further speakers, the Chairman ended the public comments.
Commissioner Wheeler believed that it is residential property which creates the
need for additional infrastructure, and he wanted to see some adjustments made to the impact
fees for Commercial/Industrial areas.
Vice Chairman Davis wanted Commercial/Industrial and Transportation fees to be
re-evaluated. He felt that this would be a good time to address any questions regarding the
methodology used in the Impact Fee Study, and to establish a good policy. Vice Chairman Davis
agreed with Mr. Sorensen's idea to have available a line item veto for each component of the
impact fees.
Chairman Bowden encouraged the Board to obtain further information, to ensure
that the impact fees are workable for the community.
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April 15, 2008
Commissioner Flescher was not ready to approve any of the five (5) Impact Fee
alternatives presented by staff. He suggested creating a panel of local business leaders to work
with staff and provide input, and then to have staff create an additional alternative, Option #6, for
approval.
Commissioner O'Bryan opposed delaying approval of the impact fees, citing the
importance of providing clarification to developers as to what future costs might be. He wanted
to see Options 3 and 5 approved, eliminating fees for SWDD and libraries, increasing
transportation fees, and phasing in the increase.
Administrator Baird opined that the Impact Fee Study was defensible. He advised
not to increase the fees in the current economic situation, but to revisit making the increase in
eighteen (18) months or so. He also informed the Board that there is a revenue requirement to
meet the infrastructure needs.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Flescher, for discussion,
to bring back Duncan Associates, the Impact Fee Study
Consultant, to respond to questions regarding the
methodology used in the Impact Fee Study.
A lengthy discussion ensued between Board members and Administrator Baird
during which Board members aired or reiterated their concerns, discussed whether the
Consultant should be brought back to a Regular, Special Call, or Workshop Meeting, and
considered a time to hold the meeting. Chairman Bowden and Vice Chairman Davis concurred
that the meeting could be held whenever the Consultant could return to town.
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April 15, 2008
The Chairman CALLED THE QUESTION and the Board
approved, by a 3-2 vote (Commissioners O'Bryan and
Wheeler opposed) to hold a Special Call Meeting to bring
back the Consultant from Duncan Associates to discuss
the methodology used in the Impact Fee Study, and to
respond to questions from the Board.
Director Keating clarified that the Board directive was to bring the consultant in
within the next three weeks or so, and that the consultant would be there only to answer
questions on methodology.
The Chairman called a Break at 1:10 p.m., and reconvened the meeting at 1:54
p.m., with all members present.
Attorney William Collins requested that Item 13.A. "Property Exchange with the
State of Florida for a Storm Water Pond for County Road 512 Widening and right-of-way for
Realignment of 101 st Street/102nd Terrace", be moved forward, because if the property
exchange is approved, the Agreement needs to be Federal Expressed to the Governor and
Cabinet Aides today (April 15, 2008).
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized to move County Attorney's Matter Item 13.A.
to be heard prior to Item 12.A.2.
Clerk's Note: See Item 13.A. for discussion.
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April 15, 2008
12.A.2. CONSIDERATION OF DRAFT INTERLOCAL SERVICE BOUNDARY
AGREEMENT (ISBA)
Clerk's Note: This item was discussed following Item 13.A., and is placed here for
continuity.
Community Development Director Robert Keating reported that an Interlocal
Service Boundary Agreement (ISBA) was an agreement, authorized by Florida Statutes Chapter
171, between a county and one or more municipalities. The agreement serves to promote
intergovernmental coordination, particularly in planning, service delivery, and municipal
boundary adjustments. Through a recap of the memorandum of April 7, 2008, and by use of a
PowerPoint Presentation (copy on file), he related the history of the draft ISBA, which began
when the City of Fellsmere adopted an initiating resolution, which in turn drew responding
resolutions from the County and the Cities of Vero Beach and Sebastian, and the Town of Indian
River Shores. Director Keating outlined what the ISBA adoption process would entail, if the
Board chooses that path.
Director Keating informed the Board that the ISBA addresses two primary issues:
Annexation and Land Use (Height and Density) Changes, and noted that each of those issues has
sub -components. He presented the original and current ISBA maps which depicted each
municipality's annexation reserve area, briefed the Board on the various components of the
Agreement, and detailed what the exceptions were to the general consent requirement for
annexations.
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April 15, 2008
Following are staff's objections to four components of the draft agreement, and
staff's position on each:
(1) The Interlocal Service Boundary Area Map
Staff's position: Reduce the municipal annexation reserve areas
(2) Sebastian's exemption requirement from unanimous consent for height
and density changes to annexed property outside of the Urban Service
Area
Staff's position: Eliminate the Sebastian exemption
(3) Fellsmere's Standards for Land Use Changes to Property Outside of the
Urban Service Area (Exhibit "F" of the backup) that was annexed
between May 22, 2007 and the date of current Agreement
Staff's position: Significantly revise the Fellsmere standards
(4) Provision that the Agreement can be terminated by any party of any efforts
are initiated to establish a County Charter
Staff's position: Eliminate the Charter initiation termination provision
Staff responded to questions posed by Commissioner O'Bryan regarding the
unanimous agreement requirements for changes to density and height, and on whether the
Treasure Coast Regional Planning Council could be included in the preliminary review process,
21
April 15, 2008
before the Comprehensive Plan changes are approved by the Department of Community Affairs
(DCA).
Commissioner Flescher stated that although three of the five Commissioners had
sanctioned his attendance, he had opted to not attend the ISBA meetings, and explained why.
He declared that he had no problem with staff's fourth objection to the draft ISBA, which related
to the termination of the ISBA Agreement if any efforts are undertaken to establish a County
Charter, and believed that staff could iron out the other three objections.
Vice Chairman Davis offered comments regarding agricultural zoning in the Cities
of Sebastian and Fellsmere; felt that there was too much of a land grab by all of the
municipalities; and supported Commissioner O'Bryan's idea for the Treasure Coast Regional
Planning Council to provide their input.
Commissioner Wheeler observed that although County staff had done a skilled job
in the negotiations, they did not have much leverage with which to obtain cooperation from the
municipalities. He supported staff's recommendation and agreed that more work, such as
tightening up regulations on heights and densities, and reviewing the large amounts of reserve
areas, needed to be done on the ISBA.
Chairman Bowden wanted to inform the public that the potential annexations may
not occur, and that the County is just beginning to work on this issue. She also wanted the
elected officials to have an opportunity to weigh in on the ISBA.
The Chairman opened the floor to public comment.
John T. Williams, 1535 Smugglers Cove, presented and read a written statement
(copy on file) to the Commissioners, in which he advocated support for the Interlocal
22
April 15, 2008
Agreement, provided that the citizens are given the right to vote countywide on any major
Comprehensive Plan changes.
Staff responded to Joseph Paladin's inquiries regarding what would happen in
twenty years if the Agreement expires at that time.
Mr. Paladin had further concerns regarding the lack of a process for all the
municipalities to work together on master development plans, and he stressed to the Board the
importance of involving the landowners in the planning strategies for the ISBA.
John Higgs, speaking on behalf of IRNA, presented IRNA's original position in
support of the ISBA, provided that the land proposed to be annexed by Fellsmere was not
included. Since that had not happened, if the agreement goes forward, he recommended that the
Board see if Fellsmere would reduce its area, over which it has virtually total control.
County Attorney Collins commented on the positive aspects of the draft
Agreement, but voiced grave concerns about moving forward with Section 15 in place, since it
includes a provision allowing termination of the ISBA, if anyone at all petitions for Charter
Government. He had fewer objections than the rest of staff to Fellsmere and Sebastian's
proposals for their own exemption areas, as each municipality has their own vision, and may
resent the County telling them how they should develop.
Assistant County Administrator Michael Zito explained that the termination
provision was proposed at the last session, and he felt staff could accomplish through
negotiation, a resolution of the concerns regarding the termination provision.
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April 15, 2008
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, for discussion,
to approve staff's recommendation.
Chairman Bowden inquired how the elected officials who participate in the ISBA
meetings would be chosen, and learned from County Attorney Collins that it would be the
Chairman or Mayor of each entity for the year they were serving. He was developing some
Rules of Procedure relative to that process.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board: (1) approved to
review the draft Interlocal Service Boundary Agreement
(ISBA); (2) concurred with staff's objections to the
Agreement; and (3) authorized staff to further negotiate
with representatives of the parties to resolve the
objections, as recommended in the memorandum of April
7, 2008.
Commissioner O'Bryan wanted to amend the Motion to include an amendment to
Sections 10 and 12 of the ISBA, to incorporate that the requirement for unanimous agreement by
all parties for changes to height and density to annexed lands, should also apply to annexed lands
inside the Urban Service boundary.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, for discussion,
to have the requirement for unanimous agreement on
height and density changes apply to annexed lands both
inside and outside the Urban Service Boundary.
24
April 15, 2008
Discussion ensued as Commissioners made comments and posed questions to staff
regarding the annexation processes within the municipalities, and whether or not the County
would be dictating what the municipalities could or could not do.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved for
staff to include in further negotiations with the ISBA
Parties, the proposal to add an additional requirement, for
lands inside the Urban Service Area, to the requirement
for unanimous agreement on any density or height changes
to lands outside the Urban Service Area.
12.B. EMERGENCYSERVICEs-NONE
12.0 GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES -NONE
12.E. HUMAN SERVICES -NONE
12.F. LEISURE SERVICES -NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE
25
April 15, 2008
12.L PUBLIC WORKS NoNE
12. J. UTILITIES SERVICES
12.1.1. IRCBID No. 2007068. REQUEST FOR AUTHORIZATION TO REJECT
ALL BIDS. STATIONARY GENERATORS FOR (S) HIGH FLOW LIFT
STATIONS. UTILITIES DEPARTMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
rejected all Bids, and approved: (1) to direct -purchase the
generators from the Florida Sheriffs Association Contract
vendor; and (2) to bid out the installation of the five (5)
generators, as recommended in the memorandum of April
4, 2008.
12.1.2. APPROVAL OF WORK ORDER NO. 17 WITH GEOSYNTEC FOR GROUND
WATER ASSESSMENT AND MONITORING PROPOSAL NORTH COUNTY
WATER FACILITY
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
authorized Work Order No. 17 with Geosyntec for
Groundwater Assessment and Monitoring Plan for
$10,987.00, as recommended in the memorandum of April
1, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
26
April 15, 2008
12..1.3. WEST REGIONAL WASTEWATER TREATMENT PLANT EXPANSION FROM
2 MGD TO 6 MGD - CHANGE ORDER No.1 FOR DIRECT PURCHASE OF
MATERIALS - UCP -2621
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
to change the contract price, with Wharton -Smith, Inc.
Construction Group, to $13,547,931.82, and authorized
the Chairman to execute same, as recommended in the
memorandum of March 31, 2008.
12.14. A WARD of RFP 2008043 - UTILITYBILLING PRINTING & MAILING
SERVICES
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the award to AXIS and authorized the County
Administrator to sign the contract between the County and
AXIS after review and approval of the contract by the
Office of Management & Budget, and the County
Attorney's Office, as recommended in the memorandum
of April 9, 2008.
27
April 15, 2008
13. COUNTY ATTORNEY MATTERS
B.A. PROPERTYEXCHANGE WITH THE STATE OF FLORIDA FOR A STORM
WATER POND FOR COUNTYROAD 5I2 WIDENING AND RIGHT-OF-WAY
FOR REALIGNMENT OF IOIST STREET/1 02ND TERRACE
Clerk's Note: This item was heard following Item 12.A.1. and is placed here for
continuity.
Deputy County Attorney William DeBraal presented an aerial projection of the
subject area, and through a recap of the backup memorandum of April 9, 2008, outlined the
pertinent details of the Property Exchange. He declared that this item had been advertised twice,
and although it was not necessary to conduct a public hearing, he recommended that the Board
receive any public input, and then approve the property exchange.
The Chairman opened the floor to public input.
Seeing no speakers, the Chairman called the Motion.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
authorized the Chairman to execute the Exchange
Agreement with the Trustees of the Internal Improvement
fund of the State of Florida, together with all other
documents necessary to acquire the right-of-way parcels
for the proposed 101st Avenue realignment and County
28
April 15, 2008
Road 512 widening and improvements, as recommended
in the memorandum of April 9, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B.B. DEMOLITIONLIENS
Attorney Collins stated that the subject properties had already been demolished.
The purpose of including the item today was to provide the property owners a chance to appear
before the Board and contest the amount of their lien, if they wished. Attorney Collins reported
that the property owners had been noticed, and were not present.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously: (1)
approved the County Attorney's Office recommendation
that the Chairman allow any interested landowner to
address the Commission and be heard on the amount of
the proposed lien concerning their property; (2) approved
the lien amounts, and (3) authorized the Chairman to sign
the liens for recordation in the public records, as presented
in the memorandum of March 26, 2008.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -NONE
14-B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN -NONE
29
April 15, 2008
14. C. COMMISSIONER JOSEPH E. FLESCHER NONE
14.D. COMMISSIONER PETER D. O'BRYAN--NONE
14.E. COMMISSIONER GARY C. WHEELER NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICESDISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes
are being prepared separately and appended to this document.
15.A. EMERGENCY SERVICES DISTRICT
1. ADDITIONAL STAFFING AT FIRE -RESCUE STATIONS 6 AND 11
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
15. C. ENVIRONMENTAL CONTROL BOARD -NONE
16. ADJOURNMENT
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
30
April 15, 2008
v
r./
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 3:13 p.m.
ATTEST:
Jeffrey on, Clerk San ra L. Bowden, Chairman
MAY 2 0 2008
Minutes Approved:
BCC/MG/2008 Minutes
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April 15, 2008
X134K801