HomeMy WebLinkAbout04/17/2007 (4)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 17, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING APRIL, 2007, AS RECORDS
AND INFORMATION MANAGEMENT MONTH 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 28, 2007, As "THE
WHITE ROSE LUNCHEON MAKING A DIFFERENCE IN OUR COMMUNITY" 2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 15-21, 2007 AS
EARTH WEEK 2007 3
5.D. PRESENTATION OF ANNUAL REPORT OF THE WORKFORCE DEVELOPMENT
BOARD OF THE TREASURE COAST 3
6. APPROVAL OF MINUTES 3
REGULAR MEETING OF FEBRUARY 13, 2007 3
CONSENT AGENDA 4
April 17, 2007 1
7.A. APPROVAL OF WARRANTS-MARCH3I 30 -APRIL 5, 2007 4
7.B 2007 ELECTION OF AGRICULTURE ADVISORY COMMITTEE (AAC) CHAIRMAN
AND VICE CHAIRMAN 4
7.C. ELECTION OF TRANSPORTATION DISADVANTAGED LOCAL COORDINATING
BOARD VICE CHAIRMAN 4
7.D. CITY OF FELLSMEREAPPOINTMENTS TO COUNTY COMMITTEES AND
REGIONAL BOARDS FOR 2007 5
7.E. REMOVAL OF JACQUELINE REASONS AS COMMISSIONER OF THE ENTERPRISE
ZONE DEVELOPMENT AGENCY 5
7.F. RELEASE AND SUBSTITUTION OF CONSERVATION EASEMENT FROM GRACE
LUTHERAN CHURCH 6
7.G. PROCLAMATION HONORING HAROLD J. (JOE) LOFF ON HIS RETIREMENT
FROM INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES, FACILITIES
MANAGEMENTDIVISION, EFFECTIVE APRIL 30, 2007 6
7.H. ACCEPTANCE OF EMERGENCY MANAGEMENT PERFORMANCE GRANT
FUNDING AND APPROVAL OF EXPENDITURES 7
7i RELEASE OF RETAINAGE, APPLIED TECHNOLOGY AND MANAGEMENT, INC.,
WORK ORDER #1 7
7.J. DSTS, L.L.C. REQUEST FOR FINAL PLAT APPROVAL FOR A
PLAT -OVER -SITE -PLAN SUBDIVISION TO BE KNOWN AS REGENCY PARK 8
7.K. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND 8
7.L. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT GRANT AWARD,
MISCELLANEOUS B UDGET AMENDMENT 016 8
7.M. OUT -OF -COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR 9
7.N. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION FOR
LANDSCAPE MAINTENANCE ALONG SR510 FROM US1 TO SRA1A 9
7.0. FINAL PAYMENT TO MASTELLER AND MOLER, INC. FOR THE CENTRAL PLANT
EXPANSION UCP #2347 10
7.P. IRC JAIL EXPANSION - TIME EXTENSION CHANGE ORDER #11 10
7.Q. IRC JAIL EXPANSION - CHANGE ORDER #12 10
April 17, 2007 2
7.R. FDOTSMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT AND
AUTHORIZING RESOLUTION FOR RESURFACING OF OLD DIXIE HIGHWAY FROM OSLO
ROAD TO 16TH STREET 11
7.S. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION FOR
LANDSCAPE MAINTENANCE ALONG SR60 FROM JUST WEST OF 82ND AVENUE TO
66TH AVENUE 11
7. T. CONTRACT AMENDMENT #1 - GREAT LAKES DREDGE AND DOCK COMPANY 12
7. U. SHELBY HOMES INC. REQUEST FOR FINAL PLAN APPROVAL FOR SUBDIVISION
TO BE KNOWN AS MILLSTONE LANDING - PHASE 1 P.D. [2003100068-53552 /
PD -04-08-14-(1A) 12
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -
NONE 13
9. PUBLIC ITEMS 13
9.A. PUBLIC HEARING -NONE 13
9.B. PUBLIC DISCUSSION ITEMS 13
9.B.1. REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN, GROWTH
AWARENESS COMMITTEE, REGARDING CHARTER GOVERNMENT AND THE
FELLSMEREANNEXATIONS 13
9.C. PUBLIC NOTICE ITEMS - NONE 17
10. COUNTY ADMINISTRATOR'S MATTERS 17
10. A. 1. UPDATE ON JOINT MEETING WITH CITY OF PALM BAY WORKSHOP
MEETING 17
11. DEPARTMENTAL MATTERS 17
April 17, 2007 3
11.A. COMMUNITY DEVELOPMENT -NONE 17
11.B. EMERGENCY SERVICES -NONE 18
11. C. GENERAL SERVICES 18
1. ACCEPTANCE OF CHANGE ORDER NO. 27 FOR THE NEW COUNTY
ADMINISTRATIONBUILDINGS 18
11.D. HUMAN RESOURCES - NONE 19
11.E. HUMAN SERVICES -NONE 19
11.F. LEISURESERVICESNONE 19
11. G. OFFICE OF MANAGEMENT AND BUDGET -NONE 19
11.H. RECREATION -NONE 19
11.L PUBLIC WORKS 19
OSLO ROAD RAMP FINAL PLAN AND 45TH STREET (GIFFORD DOCK ROAD) POTENTIAL
BOAT RAMP 19
11.L2. RIGHT OF WAYAACQUISITION, 74TH AVENUE SOUTH OF STATE RD. 60 AND
SOUTH OF 12m STRETE, 1. BASIL AND DONNA L. KELLER 25
11.1 UTILITIES SERVICES 25
LIFT STATION POWER METER CAN (PANEL) RELACEMENT 25
11.J.2. APPROVAL OF WORK AUTHORIZATION NO. 2007-002 FOR LABOR
CONTRACTOR UNDERGROUND UTILITIES FOR FORCE MAIN RELOCATION AT
LATERAL J CANAL ON OSLO ROAD - UCP 2899 26
12. COUNTY ATTORNEY MATTERS 26
A. BOARD CONSIDERATION TO CALL A LETTER OF CREDIT FOR MITIGATION OF
DEAD OAK TREES IN THE JUNGLE TRAIL BUFFER AT ISLAND CLUB RIVERSIDE 26
13. COMMISSIONER ITEMS 27
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN -NONE 27
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR -NONE 27
13.C. COMMISSIONER WESLEY S. DAM -NONE 27
13.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 27
13.E. COMMISSIONER PETER D. O'BRYAN 27
April 17, 2007 4
REQUEST FOR A JOINT WORKSHOP WITH INDIAN RIVER COUNTY AND INTERESTED
MUNICIPALITIES TO EXPLORE OBTAINING THE GREEN LOCAL GOVERNMENT
DESIGNATION STANDARD AS AWARDED BY THE FLORIDA GREEN BUILDING
COALITION, INC. 27
14. SPECIAL DISTRICTS AND BOARDS 29
14.A. EMERGENCY SERVICES DISTRICT 29
14.A. 1. COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY
AND IAFF 29
14.A.2. MARCH STATUS REPORT- EMERGENCY SERVICES 29
14.B. SOLID WASTE DISPOSAL DISTRICT -NONE 29
14. C. ENVIRONMENTAL CONTROL BOARD NONE 29
15. ADJOURNMENT 29
April 17, 2007 5
April 17, 2007
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday,
April 17, 2007, at 9:00 a.m. Present were Chairman Gary C. Wheeler, Vice Chair Sandra L.
Bowden, and Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Maria I. Suesz
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Dr. Kyle Gibson, Senior Pastor, New Bethel African Methodist Episcopal
Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Wesley S. Davis led the Pledge of Allegiance to the Flag.
April 17, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
1. Addition: Item 10.A. Commissioner Davis's request for an update on the Joint
Workshop Meeting with City of Palm Bay.
2. Remove from Consent Agenda: Item 7.E., for discussion (Removal of Jacqueline
Reasons as Commissioner of the Enterprise Zone Development Agency)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously made the
above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING APRIL, 2007, AS RECORDS
AND INFORMATION MANAGEMENT MONTH
Vice Chair Bowden read and presented the Proclamation to the Clerk to the Board,
accepting on behalf of the Clerk of the Circuit Court.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 28, 2007, AS "THE
WHITE ROSE LUNCHEON MAKING A DIFFERENCE IN OUR COMMUNITY"
Commissioner Flescher read and presented the Proclamation to Deputy Theodore
Napoleon Floyd.
April 17, 2007 2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING APRIL 15-21, 2007 AS
EARTH WEEK2007
Commissioner O'Bryan read and presented the Proclamation to members of the "Green
Team": Nancy Wood, Barbara Brooks, Mya Conforti, Eva Waco, and Alyssa Wood (not present).
The Green Team invited everyone to the Earth Day Celebration being held on Saturday, April 21,
2007, from noon to 6:00 p.m.
5.D. PRESENTATION OF ANNUAL REPORT OF THE WORKFORCE DEVELOPMENT
BOARD OF THE TREASURE COAST
Gwenda Thompson, President of the Workforce Development Board of the Treasure
Coast, presented their Annual Report and shared results of the recent State of the Workforce
Summit Ms. Thompson thereafter responded to questions from the Board.
6. APPROVAL OF MINUTES
REGULAR MEETING OF FEBRUARY 13, 2007
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of February 13, 2007. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of February 13, 2007, as
written and distributed.
April 17, 2007 3
CONSENT AGENDA
7.A. APPROVAL OF WARRANTS — MARCH 30 — APRIL 5, 2007
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of March 30 — April 5, 2007, as requested in
the memorandum of April 5, 2007.
7.B 2007 ELECTION OF A GRICULTURE ADVISORY COMMITTEE (A A C) CHAIRMAN
AND VICE CHAIRMAN
The Board noted for the record the re-election of Mr. Robert Adair as Chairman, and the
election of Mr. Rusty Banack as Vice Chairman of the Agriculture Advisory Committee for the
year 2007.
7. C. ELECTION OF TRANSPORTATION DISADVANTAGED LOCAL COORDINATING
BOARD VICE CHAIRMAN
The Board noted for the record the re-election of Ron Tesnow as Vice Chairman of the
Transportation Disadvantaged Local Coordinating Board (TDLCB) for the year 2007.
April 17, 2007 4
7.D. CITY OF FELLSMERE APPOINTMENTS TO COUNTY COMMITTEES AND
REGIONAL BOARDS FOR 2007
The Board noted for the record the City of Fellsmere newly appointed council members
and appointments for the period of March 2007 to March 2008 for County committees and
regional boards.
7.E. REMOVAL OF JACQUELINE REASONS AS COMMISSIONER OF THE ENTERPRISE
ZONE DEVELOPMENT AGENCY
Clerk's Note: Attorney Collins requested that this item be removed from the Consent
Agenda because Jacqueline Reasons must have the opportunity to have a hearing before the Board
prior to removal from this Agency Committee.
Ms. Reasons explained that unfortunately, due to scheduling problems, she was unable to
attend the Enterprise Zone Meetings. She requested that the Board appoint another representative
to the organization who would have the time to serve.
Commissioner Davis said he would have Staff call her to work out the details regarding the
new appointee.
Chairman Wheeler wondered if any additional action was necessary. Attorney Collins
advised that this meeting served as the hearing, and affirmed that Ms. Reasons' request was not to
be reinstated, but to have another member of her organization replace her.
April 17, 2007 5
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the removal of and Jacqueline Reasons' request to submit a
Committee Application for another member of her
organization to fill the vacant position on the Enterprise
Zone Development Agency.
7.F. RELEASE AND SUBSTITUTION OF CONSERVATION EASEMENT FROM GRACE
LUTHERAN CHURCH
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the Chairman to execute the Release of the 1989 Easement
(O.R. Book 838, Page 1148). The Release of the old
Easement will be recorded prior to recording the new
Easement, as recommended in the memorandum of April
10, 2007.
7.G. PROCLAMATION HONORING HAROLD J. (JOE) LOFF ON HIS RETIREMENT
FROM INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES,
FACILITIES MANAGEMENT DIVISION, EFFECTIVE APRIL 30, 2007
The Board noted the Proclamation for the record.
April 17, 2007 6
7.H. ACCEPTANCE OF EMERGENCY MANAGEMENT PERFORMANCE GRANT
FUNDING AND APPROVAL OF EXPENDITURES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
the funding provided by the Emergency Management
Performance Grant (EMPG) and approved the listed
expenditures to be funded from the Emergency
Management Performance Grant, the Emergency
Management Preparedness Agreement, and the Hazardous
Materials Grant. The Board also authorized for Emergency
Services Director John King to sign the documents
associated with the EMPG, as recommended in the
memorandum of April 10, 2007.
7.1. RELEASE OF RETAINAGE, APPLIED TECHNOLOGY AND MANAGEMENT, INC.,
WORK ORDER #1
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the application for release of retainage in the amount of
$7,902.90 under Work Order #1, as recommended in the
memorandum of March 28, 2007.
April 17, 2007 7
7.J. DSTS, L.L.C. REQUEST FOR FINAL PLAT APPROVAL FOR A
PLAT -OVER -SITE -PLAN SUBDIVISION TO BE KNOWN AS REGENCY PARK
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously granted
final plat approval for Regency Park, as recommended in
the memorandum of March 27, 2007.
7.K. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
the report, as submitted and as recommended in the
memorandum of April 5, 2007.
7.L. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT GRANT AWARD,
MISCELLANEOUS BUDGET AMENDMENT 016
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the grant application from St. Edwards School, and
approved Resolution 2007-035 amending the fiscal year
2006-2007 budget.
April 17, 2007 8
7.M. OUT -OF -COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
out -of -county travel for the County Administrator to attend
the International City Managers Association Restoration
2007 Conference May 2 – 4, 2007 in New Orleans, LA.,
and the Florida City and County Managers Association
2007 Annual Conference May 16-19, in Miami, Florida,
as requested in the memorandum of April 11, 2007.
7.N. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION FOR
LANDSCAPE MAINTENANCE ALONG SR51 O FROM US] TO SRA1A
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Alternative No. 1 the Memorandum Of Agreement and
Resolution 2007-036, authorizing the execution of District
four Landscape Maintenance Memorandum of Agreement
for SR510 (Wabasso Road) from East of SR5/US1 (MP
6.379 to MP 8.486).
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
April 17, 2007 9
7.0. FINAL PAYMENT TO MASTELLER AND MOLER, INC. FOR THE CENTRAL PLANT
EXPANSION UCP #2347
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
final payment to Masteller & Moler, Inc. for $1,928.95 and
authorized the Chairman to execute same, as recommended
in the memorandum of March 22, 2007.
7.P. IRC JAIL EXPANSION — TIME EXTENSION CHANGE ORDER #11
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Change Order #11 with the date of Substantial Completion
for the Medical Infirmary element of the Project adjusted to
June 25, 2007, and authorized the contractor (Peter J.
Brown Construction, Inc.) to use Contractor contingency
for the additional General Conditions in the amount of
$67,676.00, as recommended in the memorandum of April
9, 2007.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Q. IRC JAIL EXPANSION - CHANGE ORDER #12
April 17, 2007 10
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the added scope of work; authorized the issuance of Change
Order #12 (fiber optic installation) in the amount of
$32,284.00 with Peter R. Brown Construction, Inc.; and
authorized the Chairman to execute the Change Order #12,
as recommended in the memorandum of April 10, 2007.
7.R. FDOT SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT AND
AUTHORIZING RESOLUTION FOR RESURFACING OF OLD DIXIE HIGHWAY
FROM OSLO ROAD TO lel STREET
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2007-037 with the Florida Department of
Transportation Authorizing the Chairman's Execution of a
small County outreach Program Agreement for Old Dixie
Highway Resurfacing.
PARTIALLY EXECUTED CERTIFIED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
7.S. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION FOR
April 17, 2007 11
LANDSCAPE MAINTENANCE ALONG SR 60 FROM JUST WEST OF 82ND AVENUE
TO 66THAVENUE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2007-038, authorizing the Execution of District
Four Landscape Maintenance Memorandum of Agreement
for SR60 between 82nd Avenue and 66th Avenue (MP
23.923 to MP 26.072).
CERTIFIED COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.T. CONTRACT AMENDMENT #1 — GREAT LAKES DREDGE AND DOCK COMPANY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and executed Contract Amendment #1 and Change Orders
#1 and #2, as recommended in the memorandum of April 2,
2007.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.U. SHELBY HOMES INC. REQUEST FOR FINAL PLAN APPROVAL FOR SUBDIVISION
TO BE KNOWN AS MILLSTONE LANDING — PHASE 1 P.D. [2003100068-53552 /
PD -04-08-14-(1A)
April 17, 2007 12
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously granted
final plat approval for Millstone Landing Phase 1 P.D., as
recommended in the memorandum of March 26, 2007.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLIC HEARING - NONE
9.B. PUBLIC DISCUSSION ITEMS
9.B.1. REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN, GROWTH
AWARENESS COMMITTEE, REGARDING CHARTER GOVERNMENT AND THE
FELLSMERE ANNEXATIONS
Joseph Paladin, President of the Growth Awareness Committee (a private -sector group)
explained his views on Charter Government, and discussed annexations and longevity of
landowners west of I-95 remarking that it is important for the Board to take their future into
consideration. Mr. Paladin displayed maps pointing out the existing Urban Service Line in the
Fellsmere area, and another map showing the annexations that Fellsmere has applied for. He
displayed another map, the "Paladin Plan", which he has worked on for several years. Mr. Paladin
talked about moving the Urban Service Line west of I-95 making development in that green area a
Planned Development (PD) with the zoning at one unit per acre and including a commercial zone
to create a balance. He concluded that these ideas were not against Charter Government but could
be incorporated, so landowners in the areas not being annexed might be happy to stay in the
community.
April 17, 2007 13
Mr. Paladin responded to questions from the Commissioners.
Chairman Wheeler felt this matter should have been under "Presentations" instead of
"Public Discussion".
Commissioner Davis believed that the Board should institute the transfer of development
rights.
Commissioner O'Bryan agreed that a transfer of density rights program should be
established. He liked the industrial park idea and fully supported the 1,000-2,000 acres for an
industrial park.
this.
Vice Chair Bowden reserved making judgment since this was the first time she had seen
Commissioner Flescher voiced that he intended to review Mr. Paladin's plan.
Chairman Wheeler felt blind -sided by the presentation because the Board did not have the
opportunity to review the material in advance so they could discuss the matter intelligently. He
gave his views regarding urban sprawl, Planned Development at one unit per acre, and looking at
acreage outside the urban service area. He believed the current Comprehensive Land Use Plan
was an overall good plan with a lot of mechanisms already in place.
Mr. Paladin felt that if the landowners were given other options, they would not have to
look at bids from National developers such as Lennar. He thought if we work together we could
compete with big businesses, and this was the time to do it. Mr. Paladin remarked that he was not
speaking against Charter, but if history is examined, Charter Government has not worked.
April 17, 2007 14
Discussion continued between Chairman Wheeler and Mr. Paladin regarding his
presentation.
County Administrator Baird declared that the industrial land, required for this County to
create jobs, is not readily available. He urged the Board to use caution and do lots of research and
hold workshops to review all aspects of the Plan. The transfer density is one concern in regard to
keeping the "village concept" intact, and that should not be changed to the extent it has in the past.
Administrator Baird pointed out that if we have an industrial park built, there are going to be some
Wall Street Firms involved in the creation of large manufacturing jobs, and we might want them as
investors in the community.
Mr. Paladin wondered if the Chairman would put together a team to look further into this.
George Christopher, Planning and Zoning Committee, talked about the importance of
planning in regards to the Urban Service Line. He remarked, "If you do not include intensity, you
don't change the process for industrial development as it exists today".
John Higgs, Indian River Shores, commented that people who have the interest of the
entire County in mind must do the planning. It was Mr. Higgs' understanding that houses might
be erected near the Indian River County Public Shooting Range. He urged the Board to proceed
with the Charter process as quickly as possible and opined that Charter Government would provide
a voice for all the people in planning for future land use in the County.
Chairman Wheeler said the area by the gun range was already in Fellsmere's
Comprehensive Plan and would not fall into the Charter. Mr. Wheeler explained that the land was
zoned commercial/industrial because it was at a major interchange and it was annexed into the City
for residential use, but our staff was not in favor of that. Mr. Wheeler observed that it took 20-25
April 17, 2007 15
years to find a location for the gun range, and encroaching upon the facility now would cause a
host of problems.
Commissioner Davis remarked that one person spoke to intensity, another to density, and
he felt like they were "chasing a moving target". He was uncertain as to whether Charter was the
way to go.
Chairman Wheeler stated that once the Commission received the final draft and made the
final decision at a public hearing, the Board would have a better idea of what Charter Government
entailed.
Vice Chair Bowden inquired as to when the final draft of the Charter would be completed.
Chairman Wheeler responded that if everything runs accordingly, the final draft would be in place
for the May 1, 2007 meeting, with a proposed date of May 15, 2007 for the public hearing. Mr.
Wheeler noted that changes could be effected at the public hearing.
Commissioner Flescher questioned the appropriateness of holding one public hearing for
something so significant, which would change the form of government.
Commissioner O'Bryan recommended that a public hearing be scheduled so the Board
could take action, review the Charter line -by-line, and vote on every option. Then a second public
hearing could be held, which would be the final adoption with those changes in place.
Vice Chair Bowden declared that this was a huge undertaking and a change from the way
we currently do business, and she felt it was questionable to have a vote in the summer when
people are so busy.
April 17, 2007 16
Chairman Wheeler asked the Commissioners to set a date for a public hearing, and to
determine what will happen at that hearing.
9.C. PUBLIC NOTICE ITEMS - NONE
10. COUNTY ADMINISTRATOR'S MATTERS
10. A. 1. UPDATE ON JOINT MEETING WITH CITY OF PALM BAY
WORKSHOP MEETING
Planning Director Stan Boling provided an update on the Joint Meeting, held at Palm Bay
City Hall, Wednesday, April 11, 2007, regarding annexation issues. Fellsmere representatives
indicated that they would be willing to negotiate an Interlocal Agreement regarding potential
annexation of lands, if the Charter Government initiative ceases. They also indicated that lands
that are currently on application for annexation, including the Fellsmere joint venture and Anson
Properties east of I-95, would not be on the table. The only negotiations for an Interlocal
Agreement would involve potential future annexation lands.
Planning Director Boling displayed a map showing existing annexations, which would not
be part of the Interlocal Agreement. There was CONSENSUS to hold a joint workshop with the
Fellsmere City Council and the Board of County Commissioners to discuss annexation issues.
Administrator Baird offered to bring potential workshop dates back to the May 1, 2007 Board
meeting.
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT — NONE
April 17, 2007 17
11.B. EMERGENCY SERVICES — NONE
11. C GENERAL SERVICES
1. ACCEPTANCE OF CHANGE ORDER No. 27 FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS
Project Manager Steve Blum presented this item and reviewed his memorandum (copy
on file) of April 11, 2007. Mr. Blum reported that $1,263,000,000.00 additional dollars was
needed to complete the project and $306,000.00 of that would remain in owner contingency, with
the amount of $956,661.00 that needed to be funded and added to the existing GMP.
Administrator Baird remarked that the scope of this project is different than when it
commenced, and he felt that the money would be put to good use. Responding to questions from
the Board, Administrator Baird stated they are approximately 1.7 % over what was budgeted,
including all 4 buildings.
Mr. Baird announced that mid-August is the target move in date.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chair Bowden, the Board unanimously approved and
authorized the Chairman to execute the Change Order
which will then result in an increase to the GMP of
$956,661.00 and a decrease to the Owner's Contingency in
the amount of $306,345.00, as recommended in the
memorandum of April 11, 2007.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
April 17, 2007 18
(Clerk's Note: The Chairman called for a short break at 10:38 a.m., and reconvened the
meeting at 10:52 a.m. with all members present).
11.D. HUMAN RESOURCES - NONE
11.E. HUMAN SERVICES -NONE
11.F. LEISURE SERVICES -NONE
11. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
11.H. RECREATION -NONE
11.I. PUBLIC WORKS
OSLO ROAD RAMP FINAL PLAN AND 45TH STREET (GIFFORD DOCK ROAD)
POTENTIAL BOAT RAMP
Public Works Director Jim Davis presented this project to the Board, reviewing his
memorandum of April 9, 2007 provided with the backup. He displayed a map of the location of
the project (page 306 of the backup) and discussed the project in detail, outlining the progress to
date, funding, and the schedule to complete the improvements. He responded to questions from
the Board regarding providing a shelter from lightning and rain. Director Davis said he would
consider inclusion of the shelter in their design plans.
April 17, 2007 19
Commissioner O'Bryan suggested moving the kiosk further south closer to the ramp. He
thought they needed these improvements, but was concerned about the area being a significant
spawning area for spotted sea trout and a significant habitat for juvenile redfish. Commissioner
O'Bryan also wanted to make sure the length of the boat ramp was conducive to smaller boats. He
felt that if the number of parking spaces was reduced to 15 from 18, it would help minimize the
impact on the area.
Director Davis stressed that if they do not provide the minimum number of spaces
currently needed, there would be parking along the side of the road.
Commissioner Davis disagreed with the idea of reducing the parking spaces.
Director Davis presented an aerial map of the 45th Street area (Gifford Dock Road), which
showed that there are wetlands to the north and south. Mr. Davis also displayed the Tax
Assessor's map of the area, showing a very small parcel on the river, which is connected to the
road. Director Davis opined that it would be difficult to design a boat ramp facility and provide
adequate space for turnaround without using the wetlands.
Commissioner Davis remarked that there were tremendous opportunities for a boat ramp
facility with the Land Acquisition Committee possibly purchasing the wetlands property, taking a
couple of hundred feet, and dedicating the remainder into conservation. He commented that
although the small %4 acre parcel would not currently accommodate a launch facility, a review
could be done to see how we could implement the facility on the parcel.
parcel.
Environmental Chief Roland DeBlois was asked to provide detailed information on the
April 17, 2007 20
Vice Chair Bowden observed that we should not "hopscotch" over good properties that
have been on the list for some time for a boat ramp.
Commissioner Davis stated that this was an excellent opportunity to create something that
is desperately needed with the demand only growing in the future. He would like to see a kayak
launch to the north and a boat ramp to the south.
Dr. Richard Baker, Audubon Society, provided to the Board Members a handout and
calendar put together by The Sea Grass Awareness Project. He spoke of the importance of sea
grass to the ecosystem, and advocated having the Board put their emphasis into the 45th Street
dock, in order to minimize the dock's environmental impact. He felt that the water was deeper at
45th St. and would not require any dredging. Dr. Baker explained that the permitting for the Oslo
dock would be more difficult since it was going to be put into an aquatic preserve, so the 45th Street
project would cost less.
Vice Chair Bowden changed her position in favor of the 45th Street ramp, stating that it
seemed easier to do and would provide closer proximity for more people.
needed.
Commissioner Davis did not think they could afford both ramps.
Charles Searcy, 1035 32nd Avenue, spoke in favor of the ramp, and felt the facility was
Director Davis believed that Staff needed to move ahead with the environmental
permitting if they were going to meet the grant deadlines.
April 17, 2007 21
Bob Johnson, Coral Wind Subdivision, hoped that the Board would proceed with the
approval of the Oslo Boat Ramp. Vice Chair Bowden responded that it would be easier to
establish the ramp at the Gifford Dock Road, but this would not preempt the Oslo ramp.
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved to
direct Administrator Baird to bring back to the Board
information on how they could put in a boat launch facility
on the Gifford docks at 45th street.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Wheeler for discussion, to
approve the design for the Oslo Boat Ramp with the
reduction of the boat trailer parking spaces from 20 spaces
plus one handicapped trailer space to 17 spaces plus one
handicapped trailer space.
Commissioner Davis opposed the Motion.
Chairman Wheeler was concerned the public would still park along the road, and they
would continue to have the risk of more sea life damage. Vice Chair Bowden wanted to know if
they could monitor the damage, or limit the boat traffic.
The Chairman CALLED THE QUESTION and by a 1-4
vote (Chairman Wheeler, Vice Chair Bowden, and
Commissioners Davis and Flescher opposed) the Motion
FAILED.
April 17, 2007 22
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler for discussion, to
approve the final plan that would allow staff to proceed
with the design, considering provisions for a shelter,
permitting and construction of the Oslo Road Boat Ramp
Facility.
Vice Chair Bowden wanted to know if they could move the grant funds to 45th Street.
Discussion ensued with comments by the Commissioners regarding "prop scarring" and
Chief DeBlois suggested there be some specialized enforcement. He agreed both ramps needed
improvement, and stated that it was just a matter of what level of improvement the Board wanted
to provide. Chairman Wheeler suggested that a rope of clearly marked buoys be placed in the
Channel.
Jens Trippson, 2525 14th St., was concerned with the cost to mark the Channel, stating
that it would not prevent sea life damage.
George Kulczycki, Environmental Consultant with GK Engineering, mentioned that sea
grass prop carving could occur with or without the boat ramp. He pointed out that although the
45th Street location would be a good site for the ramp, some fill would be needed along the
roadway and this would also have an environmental impact.
The Chairman CALLED THE QUESTION and by a 1-4
vote (Chairman Wheeler, Vice Chair Bowden, and
Commissioners O'Bryan and Flescher opposed), the
Motion FAILED.
April 17, 2007 23
County Administrator Baird divulged that if the project does not proceed, the money that
has already been spent would have to be repaid. Additionally, getting future money would be
difficult because when you relinquish a project, the agencies start to lose faith. Administrator
Baird reported that this project has been redesigned a few times and between $50,000.00 to
$60,000.00 has been spent thus far.
Commissioner O'Bryan and Vice Chair Bowden wanted to limit boat slips.
Commissioner Davis felt that this decision would impact the County for years to come,
adding that we can protect our environment and natural resources by improving the Oslo site.
spaces.
Joe Earman, 4375 9th Lane, urged the Board to approve this project and limit the parking
Administrator Baird pointed out that the current ramp is a safety hazard.
Jens Tripson suggested putting up "No Parking" signs along the road to eliminate the
overflow, and have the Sheriffs Deputies ticket those who do park on the road.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board by a 4-1 vote (Vice
Chair Bowden opposed) approved the final plan that will
allow staff to proceed with the design, permitting and
construction of the Oslo Road Boat Ramp Facility, and to
proceed with the construction of "No Parking" signs.
April 17, 2007 24
11.1.2. RIGHT OF WAY AACQUISITION, 74111AVENUESOUTH OF STATE RD. 60 AND
SOUTH OF 12TH STRETE, I. BASIL AND DONNA L. KELLER
Board.
Public Works Director Jim Davis presented this item and responded to questions from the
There was a discussion among the Commissioners regarding this purchase.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Alternative I, approving the $30,100.00 purchase and
authorizing the Chairman to execute the Agreement, as
recommended in the memorandum of April 9, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J. UTILITIES SERVICES
LIFT STATION POWER METER CAN (PANEL) RELACEMENT
2007.
Utilities Director Erik Olson presented this item and reviewed his memorandum of April 2,
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized
Utility Services, and the Purchasing Division, to proceed
with bidding and award of the proposed project Lift Station
Power Can (Panel) Replacement, as recommended in the
memorandum of April 2, 2007.
April 17, 2007 25
11.J.2. APPROVAL OF WORK AUTHORIZATION NO. 2007-002 FOR LABOR
CONTRACTOR UNDERGROUND UTILITIES FOR FORCE MAIN RELOCATION AT
LATERAL J CANAL ON OSLO ROAD — UCP 2899
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the total project amount estimated to be $252,556.82, and
authorized the Chairman to execute Work Authorization
No. 2007-002 with Underground Utilities, Inc. for
$115,960.00, as presented and recommended in the
memorandum of March 27, 2007.
WORK AUTHORIZATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY MATTERS
A. BOARD CONSIDERATION TO CALL A LETTER OF CREDIT FOR MITIGATION OF
DEAD OAK TREES IN THE JUNGLE TRAIL BUFFER AT ISLAND CLUB RIVERSIDE
County Attorney William G. Collins presented this item to the Board, referencing his April
4, 2007 memorandum. The proposal is to authorize staff to call the letter of credit before May 2,
2007 unless a $20,000.00 mitigation payment is received.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously authorized
staff to call the existing SunTrust Bank Irrevocable Letter
April 17, 2007 26
of Credit #P600979, as amended, before its May 2, 2007
expiration date, unless a $20,000 mitigation payment is
received by 5:00 p.m. on Friday, April 27, 2007. The
Board also approved Resolution 2007-039, declaring
default by Beazer Homes Corporation, under the terms of
the contract for installation and warranty of Live Oaks, as
modified, and authorizing staff to make sight draft against
SunTrust Bank Irrevocable Letter of Credit No.
ATL/P600979 and Amendment Nos. 001 and 002.
Rebecca Sos, Holland & Knight, agreed to have the payment of $20,000.00 in by the 27th
of April, and her company would continue to communicate with Attorney Collins.
13. COMMISSIONER ITEMS
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN -NONE
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR -NONE
13. C COMMISSIONER WESLEY S. DAVIS-NONE
13.D. COMMISSIONER JOSEPH E. FLESCHER-NONE
13.E. COMMISSIONER PETER D. O'BRYAN
REQUEST FOR A JOINT WORKSHOP WITH INDIAN RIVER COUNTY AND
INTERESTED MUNICIPALITIES TO EXPLORE OBTAINING THE GREEN LOCAL
April 17, 2007 27
GOVERNMENT DESIGNATION STANDARD AS AWARDED BY THE FLORIDA
GREEN BUILDING COALITION, INC.
Commissioner O'Bryan reported that an informal, non-political committee (the Indian
River County Sustainability Committee), comprised of local residents who are interested in a
sustainable type community, has been formed. Many municipalities are currently implementing
sustainable, or green, practices, and a joint workshop would provide us with the opportunity to
learn more about the requirements for government designation as a "Green Community".
Commissioner O'Bryan asked the Board to approve the request for a joint workshop between
Indian River County and interested municipalities.
Vice Chair Bowden asked if Commissioner O'Bryan wanted an official Commission
Committee. Commissioner O'Bryan clarified that he was not looking for an official committee,
and the workshop was strictly to allow the Board to explore ideas and information on becoming a
"green government". He remarked that the first facet of this would be for the Indian River County
Sustainability Commitee to come up with ideas; the second would be to have a formal workshop to
hear a presentation on sustainable communities.
Vice Chair Bowden, who is on the Treasure Coast Council of Sustainability for the
Treasure Coast, stated that the TCCSTC would be having a presentation on "green government"
and she thought there might be some overlap with the Governor's program.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
April 17, 2007 28
staff to organize a workshop with all the municipalities, as
recommended in the memorandum of April 10, 2007.
14. SPECIAL DISTRICTS AND BOARDS
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.
14.A. EMERGENCY SERVICES DISTRICT
14.A. 1. COLLECTIVE BARGAINING A GREEMENT BETWEEN INDIAN RIVER COUNTY
AND IAFF
14.A.2. MARCH STATUS REPORT — EMERGENCY SERVICES
14.B. SOLID WASTE DISPOSAL DISTRICT -NONE
14. C ENVIRONMENTAL CONTROL BOARD -NONE
15. ADJOURNMENT
April 17, 2007 29
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 12:20 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/MIS/2007Minutes
April 17, 2007 30