HomeMy WebLinkAbout05/01/2007 (3)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 1, 2007
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
A.PPDM6–12,2007,
RESENTATION OF ROCLAMATION ESIGNATING AY AS
NNW ...........................................................................................2
ATIONAL URSES EEK
5.B.PPDM10,2007,W
RESENTATION OF ROCLAMATION ESIGNATING AY AS ORLD
LD ..................................................................................................................3
UPUS AY
5.C.PGB,M&C,LLCF
RESENTATION BY REG URNS ARLOWE OMPANY EDERAL
L ....................................................................................................................3
OBBYIST
6.APPROVAL OF MINUTES ........................................................................ 3
A.RMF20,2007 ..............................................................3
EGULAR EETING OF EBRUARY
6.B.RMM6,2007 ...................................................................4
EGULAR EETING OF ARCH
6.C.CGWM12,2007 ........................................4
HARTER OVERNMENT ORKSHOP OF ARCH
7.CONSENT AGENDA ................................................................................... 5
May 1, 2007 1
7.ARPFOCB:S.
EPORT LACED ON ILE IN THE FFICE OF THE LERK TO THE OARD T
JWCDSDPF
OHNS ATER ONTROL ISTRICT PECIAL ISTRICT UBLIC ACILITIES
RAU ..........................................................................................5
EPORT NNUAL PDATE
7.B.AW–A62007–A12,2007 .....................................5
PPROVAL OF ARRANTS PRIL PRIL
7.C.AW-A13,2007–A19,2007 .................................5
PPROVAL OF ARRANTS PRIL PRIL
7.D.2007EHRAC(HRAC)
LECTION OF ISTORIC ESOURCES DVISORY OMMITTEE
CVC ...............................................................................6
HAIRMAN AND ICE HAIRMAN
7.E.2007EMPO(MPO)V
LECTION OF ETROPOLITAN LANNING RGANIZATION ICE
C ..................................................................................................................6
HAIRMAN
7.F.RD4ABZA
ESIGNATION OF ISTRICT PPOINTEE TO OARD OF ONING DJUSTMENTS
6
7.G.TOACC2007 .................7
OWN OF RCHID PPOINTMENTS TO OUNTY OMMITTEES FOR
7.H.CSACCR
ITY OF EBASTIAN PPOINTMENTS TO OUNTY OMMITTEES AND EGIONAL
B2007 .......................................................................................................7
OARDS FOR
7.I.ACFBR,I.
GREEMENT FOR THE ONTRIBUTION OF UNDS FROM Y THE IVER NC
RRL-TL ...................................................................7
FOR OSELAND OAD EFTURN ANE
TH
7.J.ORWPIWODH27
SLO OAD IDENING HASE FROM EST OF LD IXIE IGHWAY TO
A,ESAN.9–PS ...................8
VENUE NGINEERING ERVICES MENDMENT O OND ITING
7.K.WON.ME-1,M&E,I.,PS
ORK RDER O ORGAN KLUND NC ROFESSIONAL URVEYOR
CBTSF
ONSULTANTS FOR OUNDARY AND OPOGRAPHIC URVEY TO LORIDA
DEP(FDEP)C
EPARTMENT OF NVIRONMENTAL ROTECTION OASTAL
CCL(CCCL)SS
ONSTRUCTION ONTROL INE URVEY PECIFICATIONS AT
WBP ..............................................................................................8
ABASSO EACH ARK
TH
7.L.IRCB#2007041,84AR
NDIAN IVER OUNTY ID VENUE OADWAY
I,PWD ........................................................9
MPROVEMENTS UBLIC ORKS EPARTMENT
TH
7.M.74AFMLCSSR60,A
VENUE ORCE AIN OOP ONNECTION OUTH OF PPROVAL OF
FPS,B&S,L.L.C.
INAL AYMENT TO CHULKE ITTLE TODDARD FOR
ES,W.I.P.N.472-169000-06512,UCPN.2598 ............ 10
NGINEERING ERVICES O O
7.N.W’CS ................................................................ 10
ORKERS OMPENSATION ETTLEMENT
7.O.R--WA,JA.MGT,(TC
IGHTOFAY CQUISITION OYCE CREGOR RUST REASURE OAST
TH
M),63208SPI.D.#33-39-08-00001-0140-00003.0 ... 10
ONTESSORI TREET ARCEL
7.P.PRR,CTC
ARTIAL ELEASE OF ETAINAGE OASTAL ECHNOLOGY ORPORATION
I.,BPPU ........................................................... 11
NC EACH RESERVATION LAN PDATE
May 1, 2007 2
7.Q.ABASAIRCB#2007048,
PPROVAL OF ID WARD AND AMPLE GREEMENT FOR ID
TH
65SFMLGCODH,
TREET ORCE AIN FROM ATERAL ANAL TO LD IXIE IGHWAY
UD .......................................................................................... 11
TILITIES EPARTMENT
7.R.ABAIRCB#2007049CCM-P
PPROVAL OF ID WARD FOR ID REW AB ULTIOWER
T,UD ............................................................................. 12
RUCK TILITIES EPARTMENT
7.S.ACON.28,NC
CCEPTANCE HANGE RDER O FOR THE EW OUNTY
AB .................................................................................. 13
DMINISTRATION UILDINGS
7.T.OLRMBFO
PERATING EASE ENEWAL ON ODULAR UILDING ORMERLY CCUPIED
SE ........................................................................ 13
BY THE UPERVISOR OF LECTIONS
7.U.DEESSD ......................... 13
ECLARE XCESS QUIPMENT URPLUS FOR ALE OR ISPOSAL
7.V.CCPS2007-UCP-2947 .......... 14
ONTINUING ONTRACTS FOR ROFESSIONAL ERVICES
7.W.ABASAIRCB#2007038,
PPROVAL OF ID WARD AND AMPLE GREEMENT FOR ID
WRWTPE,U
EST EGIONAL ASTEWATER REATMENT LANT XPANSION TILITIES
D ........................................................................................................... 15
EPARTMENT
7.X.PACEPDS ...................................................... 15
ROJECT EMOLITION OF TRUCTURES
7.Y.WT,L.L.C.’SRFPA
OODSIDE RILLIUM EQUEST FOR INAL LAT PPROVAL FOR A
SKTW ..................................................... 16
UBDIVISION TO BE NOWN AS RILLIUM EST
7.Z.RPAPH–F
EQUEST ERMISSION TO DVERTISE FOR UBLIC EARING LORIDA
P&LFA ............................................................. 16
OWER IGHT RANCHISE GREEMENT
8.A.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE .................................................................................. 17
9.PUBLIC ITEMS - ........................................................................................ 17
A. PUBLIC HEARINGS ................................................................................. 17
1.IRC’RSEUA
NDIAN IVER OUNTYS EQUEST FOR PECIAL XCEPTION SE PPROVAL
LPUUKRP
FOR A IMITED UBLIC TILITIES SE TO BE NOWN AS OCKRIDGE UMPING
F“R”.(Q-J) ........................................................... 17
ACILITY ESIDENCE UASIUDICIAL
9.B.PUBLIC DISCUSSION ITEMS ................................................................ 18
May 1, 2007 3
1.RSMTC,TIR
EQUEST TO PEAK FROM AYOR OM ADDEN OWN OF NDIAN IVER
S,RCG ...................................................... 18
HORES EGARDING HARTER OVERNMENT
9.B.2.RSHRRBH
EQUEST TO PEAK FROM ENRY ODRIQUES EGARDING EING ARASSED
CENNC .......................................... 19
BY ODE NFORCEMENT BUT EIGHBORS OT ITED
9.B.3.RSJP,C,G
EQUEST TO PEAK FROM OSEPH ALADIN HAIRMAN ROWTH
AC,RCIF..................... 19
WARENESS OMMITTEE EGARDING OMMERCIAL MPACT EES
9.C.PUBLIC NOTICE ITEMS ......................................................................... 19
1.NSPHM8,2007: ............................. 19
OTICE OF CHEDULED UBLIC EARINGS FOR AY
A.CI:RCP
OUNTY NITIATED EQUEST TO AMEND THE OMPREHENSIVE LAN BY
FLUEP1.21.14;
REVISING UTURE AND SE LEMENT OLICIES AND AND BY
FLUEP1.14.11.14.2
CREATING NEW UTURE AND SE LEMENT OLICIES AND FOR
MHRP,MHRP(8
ESTABLISHING THE OBILE OME ENTAL ARK UP TO
/),(L) ........................................... 19
UNITSACRE LAND USE DESIGNATION EGISLATIVE
B.CI:R
OUNTY NITIATED EQUEST TO CHANGE THE LAND USE DESIGNATION FROM
M-1,MDR-1(8/);L-2,L
EDIUM ENSITY ESIDENTIAL UP TO UNITSACRE OW
DR-2(6/);C/I,C
ENSITY ESIDENTIAL UP TO UNITSACRE AND OMMERCIAL
I,MHRP,MHRP(8/),
NDUSTRIAL TO OBILE OME ENTAL ARK UP TO UNITSACRE
806.2310
FOR ACRES OF MOBILE HOME RENTAL PARKS THAT ARE ON PARCELS
ACRES IN SIZE OR GREATER AND ARE LOCATED WITHIN THE UNINCORPORATED
C.P
PORTIONS OF THE OUNTY ARKS ARE UNDER MULTIPLE OWNERSHIPS
(L) ......................................................................................................... 20
EGISLATIVE
C.CI:RCP’
OUNTY NITIATED EQUEST TO AMEND THE OMPREHENSIVE LANS
FLUEP1.341.35
UTURE AND SE LEMENT BY ELIMINATING OLICIES AND FOR
NT(L) .................................................................................... 20
EW OWNS EGISLATIVE
D.CI:RPSF
OUNTY NITIATED EQUEST TO CREATE A UBLIC CHOOL ACILITIES
EI
LEMENT AND AMEND PORTIONS OF THE NTERGOVERNMENTAL
CECIE
OORDINATION LEMENT AND THE APITAL MPROVEMENTS LEMENT OF
CPPSF
THE OMPREHENSIVE LAN AS RELATED TO UBLIC CHOOL ACILITIES
E(L) ........................................................................................ 20
LEMENT EGISLATIVE
E.CI:RCP’
OUNTY NITIATED EQUEST TO AMEND THE OMPREHENSIVE LANS
TE(L) .......................................................... 21
RANSPORTATION LEMENT EGISLATIVE
May 1, 2007 4
10.COUNTY ADMINISTRATOR’S MATTERS ........................................ 21
A.MRCGA ............................................. 21
ARINE ESOURCES OUNCIL RANT PPLICATION
10.B.JWCF ............................................... 21
OINT ORKSHOP WITH THE ITY OF ELLSMERE
11.ACOMMUNITY DEVELOPMENT ........................................................... 22
1.RAESFS
EQUEST FOR UTHORIZATION TO NTER INTO A TATE UNDED UBGRANT
ADMDTS
GREEMENT FOR EVELOPMENT OF A ODEL ATABASE RACKING YSTEM
SCI .................................................... 22
FOR CHOOL ONCURRENCY MPLEMENTATION
11.B.EMERGENCY SERVICES - NONE ........................................................ 22
11.C.GENERAL SERVICES - NONE ............................................................... 22
11.D.HUMAN RESOURCES .............................................................................. 22
1.BOCC–OS ................................................................. 23
RGANIZATIONAL TRUCTURE
11.E.HUMAN SERVICES - NONE ................................................................... 23
11.F.LEISURE SERVICES – NONE ................................................................ 23
11.G.OFFICE OF MANAGEMENT AND BUDGET - NONE ...................... 23
11.H.RECREATION - NONE ............................................................................. 23
11.I.1PUBLIC WORKS – CR 512, PHASE III, CR 510 – PROJECT
#9611 & 0001, BID NUMBER 2006065, CHANGE ORDER NO. 8 ..... 23
TH
11.I.2PROPERTY ACQUISITION, 6580/6860 85 STREET, CR 510
WIDENING AND IMPROVEMENTS COUNTY PROJECT NO.
0610 CHESTER & LYNN WILCOX, OWNER ..................................... 24
May 1, 2007 5
11.I.3LAND PURCHASE FOR BARBER STREET RIGHT-OF-WAY,
SEBASTIAN HIGHLANDS LOT – MARONDA HOMES, INC.,
SELLER........................................................................................................ 24
11.I.4DEVELOPER’S AGREEMENT BETWEEN INDIAN RIVER
COUNTY, FLORIDA, AND TABERNACLE BAPTIST CHURCH
OF VERO BEACH, INC. ........................................................................... 25
ST
11.I.5CHANGE ORDER #3 FOR 41 STREET IMPROVEMENTS
RD
AND INTERSECTION IMPROVEMENTS 43 AVENUE AND
KINGS HIGHWAY, INDIAN RIVER COUNTY PROJECT 0016
& 0236, BID #7074 ....................................................................................... 25
11.J.UTILITIES SERVICES – .......................................................................... 26
THTH
1.27DPWS(N4S),IR
RIVE ETITION ATER ERVICE ORTH OF TREET NDIAN IVER
CPN.UCP–2906,PAR
OUNTY ROJECT O RELIMINARY SSESSMENT ESOLUTIONS
1II .................................................................................................................... 26
AND
11.J.2.WON.4S,B&S,LLC
ORK RDER O WITH CHULKE ITTLE TODDARD FOR
DMWM,VLE,UCP-2958 ........ 27
ESIGN OF ASTER PLAN ATER AIN ERO AKE STATES
11.J.3CRSS–UCP#2521 ...... 28
ONSTRUCTION OF THE OCKRIDGE EWER YSTEM
12.COUNTY ATTORNEY .............................................................................. 29
A.FR07-HIRC
ELLSMERE ESOLUTION NITIATING ESOLUTION UNDER HAPTER
171,II,,“
PART FLORIDA STATUTES KNOWN AS THE INTERLOCAL SERVICE
”. ................................................................................. 29
BOUNDARY AGREEMENT ACT
12.B.P.,.,
RESENTATION OF DRAFT CHARTER ORDINANCE BY C ALLEN WATTS ESQ AND
REQUEST FOR BOARD DIRECTION ON DRAFT CHARTER ORDINANCE TO
........................................................................................ 31
CONSULTANTS AND STAFF
12.C..,. ................ 42
AUTHORIZATION FOR ADDITIONAL FUNDING FOR C ALLEN WATTS ESQ
13.COMMISSIONERS’ ITEMS .................................................................... 42
May 1, 2007 6
A. COMMISSIONER GARY C. WHEELER, CHAIRMAN .................... 42
1.SM15,2007FPHC
ETTING OF AY AS THE IRST UBLIC EARING FOR HARTER
G .......................................................................................................... 42
OVERNMENT
13.A.2.R
EQUEST FROM THE CITY OF FELLSMERE FOR APPOINTMENTS TO THE
.................................................... 51
TREASURE COAST REGIONAL PLANNING COUNCIL
13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIRMAN -
NONE ............................................................................................................ 51
13.C.COMMISSIONER WESLEY S. DAVIS - NONE .................................. 51
13.D.COMMISSIONER JOSEPH E. FLESCHER ......................................... 52
1.OG ......................................................................... 52
PTIONS FOR ROWTH MANAGEMENT
13.E.COMMISSIONER PETER D. O’BRYAN - NONE ............................... 53
14.SPECIAL DISTRICT AND BOARDS .................................................... 53
A.EMERGENCY SERVICES DISTRICT - NONE ................................... 53
B. SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 53
C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 53
15.ADJOURNMENT ....................................................................................... 53
May 1, 2007 7
May 1, 2007
MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, May 1, 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
Deputy Teddy Floyd of the Indian River County Sheriff’s Department, Crime
Prevention Unit, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O’Bryan led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS
Defer Item 13.A.2 - Fellsmere’s Appointments to the Treasure Coast Regional
Planning Council (at the request of Vice Mayor Sabin Abell).
May 1, 2007 1
Board members briefly discussed whether to defer this Item. Commissioner Davis
asked that Item H be also deferred, as the two requests for appointments were co-related.
Chairman Wheeler suggested they take a vote on whether to pull Item 13.A.2 and deal with Item
7.H when they get to the Consent Agenda.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
to defer Item 13.A.2.
Chairman Wheeler requested that Items 9.B.1, 12.A, 12.B and 13.A.1 (all relating to
Charter government and the Interlocal Agreement) be moved up for discussion prior to the
Consent Agenda.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION DESIGNATING
MAY 6 – 12, 2007, AS NATIONAL NURSES WEEK
Commissioner O’Bryan read and presented the Proclamation to a representative of
the Nurses Association who accepted the Proclamation on behalf of the Nurses of Indian River
County.
May 1, 2007 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING
MAY 10, 2007, AS WORLD LUPUS DAY
Commissioner Davis read into the record the Proclamation designating May 10,
2007 as World Lupus Day.
5.C. PRESENTATION BY GREG BURNS, MARLOWE &
COMPANY, LLC FEDERAL LOBBYIST
Greg Burns
, Marlowe & Company, represents the County in Washington, DC,
lobbying for Federal funding for the County in a variety of issues. He provided a brief update on
the current projects for which funding is being sought, namely: money for stormwater pollution
master plan, Federal short protection project which the County would like to restart, money to
purchase buses and bus facilities, and funding for the Gifford Health Center and Pelican Island
National Wildlife Refuge. He also worked on the issue of the local beach projects. He hoped he
could get more Commissioners to visit Washington.
Mr. Burns
responded to questions from Commissioner O’Bryan regarding the
National Wildlife project and the current status of that budget process.
6. APPROVAL OF MINUTES
A. REGULAR MEETING OF FEBRUARY 20, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of February 20, 2007. There were none.
May 1, 2007 3
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
Minutes of the regular meeting of February 20, 2007, as
written and distributed.
6.B. REGULAR MEETING OF MARCH 6, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of March 6, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the regular meeting of March 6, 2007, as written
and distributed
6.C. CHARTER GOVERNMENT WORKSHOP OF MARCH 12,
2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Public Workshop of March 12, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, the Board unanimously approved the
Minutes of the public workshop of March 12, 2007, as
written and distributed
May 1, 2007 4
Chairman Wheeler announced they would go through the three presentations
relating to Charter government, starting with Item 9.B.1 – Mayor Cadden.
7. CONSENT AGENDA
(Clerk’s Note: The Consent Agenda was heard after Item 9.B.1)
Commissioner Davis asked to pull, for discussion, Item H.
7.A REPORT PLACED ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD: ST. JOHNS WATER CONTROL
DISTRICT SPECIAL DISTRICT PUBLIC FACILITIES
REPORT ANNUAL UPDATE
7.B. APPROVAL OF WARRANTS – APRIL 6 2007 – APRIL 12,
2007
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of April 6, 2007 to April 12, 2007 as requested.
7.C. APPROVAL OF WARRANTS - APRIL 13, 2007 – APRIL 19,
2007
May 1, 2007 5
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of April 13, 2007 to April 19, 2007 as
requested.
7.D. 2007 ELECTION OF HISTORIC RESOURCES ADVISORY
COMMITTEE (HRAC) CHAIRMAN AND VICE CHAIRMAN
The Board noted the re-election of Mr. Chris Crawford as Chairman and the election
of Ms. Anna Brady as Vice Chairman of the Historic Resources Advisory Committee for the year
2007.
7.E. 2007 ELECTION OF METROPOLITAN PLANNING
ORGANIZATION (MPO) VICE CHAIRMAN
The Board noted the election of Ms. Susan Adams as Vice Chairman of the
Metropolitan Planning Organization for the year 2007, replacing Mr. Brian Burkeen.
7.F. RESIGNATION OF DISTRICT 4 APPOINTEE TO BOARD OF
ZONING ADJUSTMENTS
May 1, 2007 6
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously accepted the
resignation of Mr. Ralph J. Lindsay, District 4 Appointee to
the Board of Zoning Adjustments, whose term expires in
2008, as submitted in the memorandum of April 16, 2007.
7.G. TOWN OF ORCHID APPOINTMENTS TO COUNTY
COMMITTEES FOR 2007
The Board noted for the record the list of Committee appointments (to various
County Committees) submitted by the Town of Orchid for the period of March 2007 to March
2008.
7.H. CITY OF SEBASTIAN APPOINTMENTS TO COUNTY
COMMITTEES AND REGIONAL BOARDS FOR 2007
Commissioner Davis asked that this item be postponed until the next Board meeting.
ON MOTION by Commissioner Davis, Seconded by
Chairman Wheeler, the Board unanimously approved to
postpone this Item until the next Board of County
Commissioners Meeting.
7.I. AGREEMENT FOR THE CONTRIBUTION OF FUNDS
FROM BY THE RIVER, INC. FOR ROSELAND ROAD
LEFT-TURN LANE
May 1, 2007 7
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
Agreement for the Construction of Funds for Roseland
Road Left-Turn Lane and authorized the Chairman of the
Board of County Commissioners to execute same on behalf
of Indian River County, as recommended in the
memorandum of April 23, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.J. OSLO ROAD WIDENING PHASE I FROM WEST OF OLD
TH
DIXIE HIGHWAY TO 27 AVENUE, ENGINEERING
SERVICES AMENDMENT NO. 9 – POND SITING
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Amendment No. 9 to the Oslo Road Widening Phase 1
th
from West of Old Dixie Highway to 27 Avenue
Professional Engineering/Land Surveying Services
Agreement with Kimley-Horn for the lump sum component
of $9,780.00 and an hourly rate component of $7,500.00 for
a total contract amendment of $17,280.00, as recommended
in the memorandum of April 9, 2007.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. WORK ORDER NO. ME-1, MORGAN & EKLUND, INC.,
PROFESSIONAL SURVEYOR CONSULTANTS FOR
May 1, 2007 8
BOUNDARY AND TOPOGRAPHIC SURVEY TO FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
(FDEP) COASTAL CONSTRUCTION CONTROL LINE
(CCCL) SURVEY SPECIFICATIONS AT WABASSO BEACH
PARK
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Work Order ME-1 in the total amount of $3,490.00,
authorizing the project as outlined in the Scope of Services,
and authorized the Chairman to execute said Work Order,
as recommended in the memorandum of April 19, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
TH
7.L. INDIAN RIVER COUNTY BID # 2007041, 84 AVENUE
ROADWAY IMPROVEMENTS, PUBLIC WORKS
DEPARTMENT
ON MOTION by Commissioner Davis, SECONDED by
rejected
Vice Chair Bowden, the Board unanimously all
Bids due to the cost exceeding the Engineer’s estimated
budget, as recommended in the memorandum of April 13,
2007.
May 1, 2007 9
TH
7.M. 74 AVENUE FORCE MAIN LOOP CONNECTION SOUTH
OF SR 60, APPROVAL OF FINAL PAYMENT TO SCHULKE,
BITTLE & STODDARD, L.L.C. FOR ENGINEERING
SERVICES, W.I.P. NO. 472-169000-06512, UCP NO. 2598
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Invoice No. 05-126-15 (Final Invoice) as final payment to
Consulting Engineer Schulke, Bittle & Stoddard, LLC, in
the amount of $143.28, as recommended in the
memorandum of April 12, 2007.
7.N. WORKERS’ COMPENSATION SETTLEMENT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Settlement of this Claim in the mediated amount of
$230,750.00, plus the $10,000.00 fee and approximately
$15,000.00 in outstanding bills, as recommended in the
memorandum of April 24, 2007. The excess carrier will
reimburse the County for all payments above the
$250,000.00 retention level.
7.O. RIGHT-OF-WAY ACQUISITION, JOYCE A. MCGREGOR
TH
TRUST, (TREASURE COAST MONTESSORI), 6320 8
STREET PARCEL I.D. #33-39-08-00001-0140-00003.0
May 1, 2007 10
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Alternative 1 – the $10,850.00 purchase, and authorized the
Chairman to execute the Agreement, as recommended in
the memorandum of April 23, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.P. PARTIAL RELEASE OF RETAINAGE, COASTAL
TECHNOLOGY CORPORATION INC., BEACH
PRESERVATION PLAN UPDATE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
Partial Release of Retainage in the amount of $19,296.33
under Work Order #2 to the Contract with Coastal
Technology Corporation, Inc., as recommended in the
memorandum of April 13, 2007.
7.Q. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT
TH
FOR IRC BID #2007048, 65 STREET FORCE MAIN FROM
LATERAL G CANAL TO OLD DIXIE HIGHWAY, UTILITIES
DEPARTMENT
May 1, 2007 11
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously awarded the
Bid to S.P.S. Contracting, Inc., as the second 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 April 23, 2007.
7.R. APPROVAL OF BID AWARD FOR IRC BID #2007049 CREW
CAB MULTI-POWER TRUCK, UTILITIES DEPARTMENT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously awarded the
Bid to Rechtien International Trucks, Inc., in the amount of
$157,992.00, with the reduced tool package, as the lowest
most responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid, as
recommended in the memorandum of April 23, 2007.
May 1, 2007 12
7.S. ACCEPTANCE CHANGE ORDER NO. 28, FOR THE NEW
COUNTY ADMINISTRATION BUILDINGS
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously authorized the
County Administrator to execute Change Order No. 28,
which will then result in a decrease to the GMP of
$28,652.00 and an increase to the Owner’s Contingency in
the amount of $1,769.00, as recommended in the
memorandum of April 25, 2007.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.T. OPERATING LEASE RENEWAL ON MODULAR BUILDING
FORMERLY OCCUPIED BY THE SUPERVISOR OF
ELECTIONS
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
month-to-month renewal of the lease in anticipation of
either purchasing the modular or removing the structure, as
recommended in the memorandum of April 25, 2007.
7.U. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR
DISPOSAL
May 1, 2007 13
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously declared the
items on the Excess Equipment List as surplus and
authorized its sale and/or proper disposal. The Board also
granted authority to have the surplus equipment delivered
to the Indian River County Fairgrounds where it will be
sold at public auction on May 19, 2007, as recommended in
the memorandum of April 20, 2007.
7.V. CONTINUING CONTRACTS FOR PROFESSIONAL
SERVICES 2007-UCP-2947
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
First Amendment for an additional three (3) years, and
authorized the Chairman to execute same as presented. The
Board also approved the Selection Committee’s
recommendations for Continuing Contracts with the five
Engineering Firms selected (Carollo Engineers, Carter
Associates, Malcolm Pirnie, Hazen and Sawyer, Stanley
Consultants) and approved Continuing Contracts for
Professional Services for these firms for a three year period,
renewable for an additional three years, and authorized the
Chairman to execute same, as recommended in the
memorandum of March 26, 2007.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 1, 2007 14
7.W. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT
FOR IRC BID # 2007038, WEST REGIONAL WASTEWATER
TREATMENT PLANT EXPANSION, UTILITIES
DEPARTMENT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously awarded the
Bid to Wharton-Smith, Inc., as the lowest most responsive
and responsible bidder meeting the specifications as set
forth in the Invitation to Bid; approved the Sample
Agreement; and authorized the Chairman to execute said
Agreement when required performance and payment bonds
have been submitted along with appropriate certificate of
insurance and the County Attorney has approved the
Agreement as to form and legal sufficiency, all as
recommended in the memorandum of April 24, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.X. PACE PROJECT DEMOLITION OF STRUCTURES
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously authorized up
to $6,000.00 be donated to the PACE Project from the
May 1, 2007 15
General Fund for the sole purpose of paying associated
landfill fees, as recommended in the memorandum of April
24, 2007.
7.Y. WOODSIDE TRILLIUM, L.L.C.’S REQUEST FOR FINAL
PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS
TRILLIUM WEST
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously granted final
plat approval for Trillium West Subdivision, as
recommended in the memorandum of March 13, 2007.
7.Z. REQUEST PERMISSION TO ADVERTISE FOR PUBLIC
HEARING – FLORIDA POWER & LIGHT FRANCHISE
AGREEMENT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously authorized
staff to advertise a public hearing on June 5, 2007 to
consider the adoption of an ordinance containing a new
franchise agreement with Florida Power & Light, as
recommended in the memorandum of April 25, 2007.
May 1, 2007 16
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS -
A. PUBLIC HEARINGS
1. INDIAN RIVER COUNTY’S REQUEST FOR SPECIAL
EXCEPTION USE APPROVAL FOR A LIMITED PUBLIC
UTILITIES USE TO BE KNOWN AS ROCKRIDGE PUMPING
FACILITY “RESIDENCE”. (QUASI-JUDICIAL)
(Clerk’s Note: This item was heard following the break at 5:19 – 5:39 p.m. and
after Item 13.A.1.)
Planning Director Stan Boling presented this item to the Board by recapping his
memorandum of April 18, 2007. He outlined that this is a proposal for a pumping facility in a
residential zoning district, which constitutes limited utility use and special exception use. He
asked the Board to approve staff’s recommendation with conditions as outlined on page 241 of the
backup.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O’Bryan, the Board unanimously found
that, in conjunction with the recommended condition:
(A)it is empowered under the provisions of Chapter 971
to review the special exception applied for; (B) the granting
of the special exception approval will not adversely affect
the public interest; (C) the application satisfies the general
May 1, 2007 17
and specific criteria required for special exception
approval; and (D) the condition stated below is adequate to
ensure compatibility between the special exception use and
surrounding land uses.
The Board also granted special exception use approval for
the limited utilities use with condition that the facility must
be maintained with the appearance of a “residence” as
shown on the approved site plan, all as recommended in the
memorandum of April 18, 2007.
9.B. PUBLIC DISCUSSION ITEMS
1. REQUEST TO SPEAK FROM MAYOR TOM CADDEN, TOWN
OF INDIAN RIVER SHORES, REGARDING CHARTER
GOVERNMENT
9:20 a.m.
(Clerk’s Note: this Item was heard prior to Item 7 – Consent Agenda - )
Mayor Cadden
, believed the County should have a good plan for maintaining its
good character and to control growth but not through Charter government. He requested that the
County Commission vote to stop the Charter process now, to pay all the incurred expenses, and not
fund with taxpayers’ money, any future expenses relating to Charter government.
Mayor Cadden
believed the Board should move forward with the Special Act,
Charter government and the ILA at the same time. He thought it was time to bring in the land use
planners to establish a plan for the County not unlike the Paladin’s plan. He thought it was
imprudent to set a referendum in the middle of hurricane season (August).
May 1, 2007 18
Chairman Wheeler gave his perspective on the density and land use that could occur
within the City limits if Fellsmere followed through on its proposal to annex new lands. He
disagreed with talk about “rushing” the Charter, and was opposed to urban sprawl.
No Board action taken or required.
9.B.2. REQUEST TO SPEAK FROM HENRY RODRIQUES
REGARDING BEING HARASSED BY CODE
ENFORCEMENT BUT NEIGHBORS NOT CITED
Henry Rodrigues was not present.
9.B.3. REQUEST TO SPEAK FROM JOSEPH PALADIN,
CHAIRMAN, GROWTH AWARENESS COMMITTEE,
REGARDING COMMERCIAL IMPACT FEES
Mr. Joseph Paladin requested that his item be tabled until May 15, 2005, at which
time his request would be brought back under Item 5 - “Proclamations and Presentations”.
9.C. PUBLIC NOTICE ITEMS
1.NOTICE OF SCHEDULED PUBLIC HEARINGS FOR MAY 8,
2007:
A. COUNTY INITIATED: REQUEST TO AMEND THE
COMPREHENSIVE PLAN BY REVISING FUTURE LAND
May 1, 2007 19
USE ELEMENT POLICIES 1.2 AND 1.14; AND BY
CREATING NEW FUTURE LAND USE ELEMENT
POLICIES 1.14.1 AND 1.14.2 FOR ESTABLISHING THE
MHRP, MOBILE HOME RENTAL PARK (UP TO 8
UNITS/ACRE), LAND USE DESIGNATION (LEGISLATIVE)
B. COUNTY INITIATED: REQUEST TO CHANGE THE LAND
USE DESIGNATION FROM M-1, MEDIUM DENSITY
RESIDENTIAL-1 (UP TO 8 UNITS/ACRE); L-2, LOW
DENSITY RESIDENTIAL-2 (UP TO 6 UNITS/ACRE); AND
C/I, COMMERCIAL INDUSTRIAL, TO MHRP, MOBILE
HOME RENTAL PARK (UP TO 8 UNITS/ACRE), FOR 806.23
ACRES OF MOBILE HOME RENTAL PARKS THAT ARE ON
PARCELS 10 ACRES IN SIZE OR GREATER AND ARE
LOCATED WITHIN THE UNINCORPORATED PORTIONS
OF THE COUNTY. PARKS ARE UNDER MULTIPLE
OWNERSHIPS (LEGISLATIVE)
C. COUNTY INITIATED: REQUEST TO AMEND THE
COMPREHENSIVE PLAN’S FUTURE LAND USE
ELEMENT BY ELIMINATING POLICIES 1.34 AND 1.35 FOR
NEW TOWNS (LEGISLATIVE)
D. COUNTY INITIATED: REQUEST TO CREATE A PUBLIC
SCHOOL FACILITIES ELEMENT AND AMEND PORTIONS
May 1, 2007 20
OF THE INTERGOVERNMENTAL COORDINATION
ELEMENT AND THE CAPITAL IMPROVEMENTS
ELEMENT OF THE COMPREHENSIVE PLAN AS RELATED
TO PUBLIC SCHOOL FACILITIES ELEMENT
(LEGISLATIVE)
E. COUNTY INITIATED: REQUEST TO AMEND THE
COMPREHENSIVE PLAN’S TRANSPORTATION ELEMENT
(LEGISLATIVE)
10. COUNTY ADMINISTRATOR’S MATTERS
A. MARINE RESOURCES COUNCIL GRANT APPLICATION
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board unanimously approved
Resolution 2007-040
in support of the Marine Resources
Council’s application for a Grant to purchase property
along the St. Sebastian River.
10.B. JOINT WORKSHOP WITH THE CITY OF FELLSMERE
Administrator Baird presented the dates (May 23 or 24, 2007) the City of Fellsmere
would be available to have a joint meeting with the County. He requested that the Board approve
May 23, 2007 to ensure County staff’s attendance at the Workshop.
May 1, 2007 21
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously directed staff
to schedule a Joint Workshop with the City of Fellsmere for
May 23, 2007 at 7:00 p.m. in the City of Fellsmere Council
Chambers.
11.A COMMUNITY DEVELOPMENT
1. REQUEST FOR AUTHORIZATION TO ENTER INTO A
STATE FUNDED SUBGRANT AGREEMENT FOR
DEVELOPMENT OF A MODEL DATABASE TRACKING
SYSTEM FOR SCHOOL CONCURRENCY
IMPLEMENTATION
Community Development Director Bob Keating asked the Board to defer this item
because staff was working with the School Board staff on the issue.
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved to
table this item for a future date.
11.B. EMERGENCY SERVICES - NONE
11.C. GENERAL SERVICES - NONE
11.D. HUMAN RESOURCES
May 1, 2007 22
1. BOCC – ORGANIZATIONAL STRUCTURE
This item was tabled at the Request of Administrator Baird.
On Motion by Commissioner O’Bryan, SECONDED by
Commissioner Davis, the Board unanimously approved to
table Item 11.D.1, “BOCC – Organizational Structure” to
allow sufficient time for review, as recommended by
County Administrator Baird.
11.E. HUMAN SERVICES - NONE
11.F. LEISURE SERVICES – NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION - NONE
11.I.1 PUBLIC WORKS – CR 512, PHASE III, CR 510 – PROJECT
#9611 & 0001, BID NUMBER 2006065, CHANGE ORDER NO. 8
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O’Bryan, the Board unanimously approved
Change Order No. 8 increasing the contract amount by
$25,522.10 and the new contract amount will now be
May 1, 2007 23
$13,935,167.60. $3,617.60 will be reimbursed by the City
of Sebastian for modifications to the Blossom Ditch
Diversion, all as recommended in the memorandum of
April 23, 2007.
TH
11.I.2 PROPERTY ACQUISITION, 6580/6860 85 STREET, CR 510
WIDENING AND IMPROVEMENTS COUNTY PROJECT NO.
0610 CHESTER & LYNN WILCOX, OWNER
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Option 1, the $117,000.00 purchase, and authorized the
Chairman to execute the Agreement to Purchase and Sell
Real Estate, as recommended in the memorandum of April
16, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.3 LAND PURCHASE FOR BARBER STREET RIGHT-OF-WAY,
SEBASTIAN HIGHLANDS LOT – MARONDA HOMES, INC.,
SELLER
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the $75,500.00 purchase, and authorized the Chairman to
May 1, 2007 24
execute the Agreement, as recommended in the
memorandum of April 17, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.4 DEVELOPER’S AGREEMENT BETWEEN INDIAN RIVER
COUNTY, FLORIDA, AND TABERNACLE BAPTIST
CHURCH OF VERO BEACH, INC.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
$103,000.00 purchase, plus the appraisal fee of $1,750.00
for a total expenditure of $104,750.00, and authorized the
Chairman to execute the Agreement, as recommended in
the memorandum of April 13, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
ST
11.I.5 CHANGE ORDER #3 FOR 41 STREET IMPROVEMENTS
RD
AND INTERSECTION IMPROVEMENTS 43 AVENUE AND
KINGS HIGHWAY, INDIAN RIVER COUNTY PROJECT 0016
& 0236, BID #7074
MOTION WAS MADE by Vice Chair Bowden,
SECONDED by Commissioner Davis, to approve Change
Order No. 3 increasing the contract amount by $182,261.61
and extending the contract time by 131 days, as
May 1, 2007 25
recommended in the memorandum of April 24, 2007. The
project would be completed by August 12, 2007.
Public Works Director Jim Davis briefly updated the Board on this issue.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
11.J. UTILITIES SERVICES –
THTH
1. 27 DRIVE PETITION WATER SERVICE (NORTH OF 4
STREET), INDIAN RIVER COUNTY PROJECT NO. UCP –
2906, PRELIMINARY ASSESSMENT RESOLUTIONS 1 AND
II
MOTION WAS MADE by Commissioner O’Bryan,
SECONDED by Commissioner Davis for discussion, to
approve staff’s recommendation.
County Attorney Collins advised that these were Utility Resolutions I and II that had
already been brought before the Board, and this Resolution needs to be modified to reflect that it is
a “Corrective Resolution” because new parcels are being added.
MOTION WAS AMENDED by Commissioner O’Bryan,
SECONDED by Commissioner Davis, to include Attorney
Collins comments.
May 1, 2007 26
The Chairman CALLED THE QUESTION and the Motion
Corrective
carried unanimously. The Board approved
Resolution 2007-042
providing for water main expansion
thth
along 27 Drive north of 4 Street in Indian River County,
Florida; providing the total estimated cost, method of
payment of assessments, number of annual installments,
and description of the area to be served.
ON MOTION by Commissioner O’Bryan, SECONDED by
Vice Commissioner Davis, the Board unanimously
CorrectiveResolution 2007-043
approved setting a time
and place at which the owners of properties located along
thth
27 Drive north of 4 Street in Indian River County,
Florida, and other interested persons, may appear before the
Board of County Commissioners of Indian River County
and be heard as to the propriety and advisability of
constructing the water main extension, as to the cost
thereof, as to the manner of payment therefore, and as to the
amount thereof to be specially assessed against each
property benefited thereby.
11.J.2. WORK ORDER NO. 4 WITH SCHULKE, BITTLE &
STODDARD, LLC FOR DESIGN OF MASTER PLAN WATER
MAIN, VERO LAKE ESTATES, UCP - 2958
Commissioner Davis acknowledged the help of Susan Thomas and briefly described
the Project. He proposed a new approach that would put all residents within 1000 feet of a fire
hydrant.
May 1, 2007 27
Utilities Director Erik Olson said staff was looking into that process.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O’Bryan, the Board unanimously approved
Work Order No. 4 with Schulke, Bittle & Stoddard, LLC, in
the amount of $154,300.00 to provide surveying, design,
permitting and construction services for the subject project,
and authorized the Chairman to execute same, as
recommended in the memorandum of April 18, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.3 CONSTRUCTION OF THE ROCKRIDGE SEWER SYSTEM
– UCP #2521
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously awarded
the Bid to Gianetti Contracting of Florida, 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 performance and
payment bonds have been submitted along with appropriate
certificate of insurance and the County Attorney has
May 1, 2007 28
approved the Agreement as to form and legal sufficiency,
as recommended in the memorandum of April 10, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY
A. FELLSMERE RESOLUTION 07-H INITIATING
RESOLUTION UNDER CHAPTER 171, PART II, FLORIDA
STATUTES, KNOWN AS “THE INTERLOCAL SERVICE
BOUNDARY AGREEMENT ACT”.
(Clerk’s Note: This Item was heard after Item 9.B.1 and prior to the Consent
Agenda)
Assistant County Attorney Marian Fell presented this item to the Board explaining
that this summarizes the Interlocal Service Boundary Agreement Act, which provides a
collaborative tool for local governments to work together in the areas of planning, land use and
annexation. She explained the purposes and intent of the Resolution and asked the Board to direct
staff to come back with a responding Resolution with any and all issues the County would like to
include.
Attorneys Collins and Fell responded to questions from Commissioner O’Bryan
regarding the area on the map that refers to the potential future annexations and whether it was in
the County’s interest, or should they expand that and look at a bigger window. Commissioner
O’Bryan’s preference was to include all the unincorporated lands in the response.
May 1, 2007 29
Commissioner Davis agreed with Commissioner O’Bryan and thought they ought to
look at the inclusion of the transfer of development rights as well. Vice Chair Bowden agreed.
Chairman Wheeler thought we could move forward with a response to the Resolution.
Vice Chair Bowden talked about Fellsmere Farms and the water issue and thought
the County needed to have representation on the Water Management District Board.
MOTION WAS MADE by Commissioner O’Bryan,
SECONDED by Commissioner Flescher, under discussion,
to direct staff to draft a Responding Resolution that
expands the area of negotiation to include all
unincorporated land in the County, and to open the
discussion to all aspects of future land use including
density, height, land use, and water services.
Commissioner Flescher believed the Interlocal Agreement (ILA) is where they
needed to put more energy. He talked about a meeting he attended in Sebastian and asked staff to
give an account of those proceedings.
Assistant County Administrator Mike Zito attended the Meeting in Sebastian and
learned that they were discussing the framework under which we could discuss the important
issues of an Interlocal Service Boundary Agreement. They also discussed issues regarding
development near the I-95 interchange, the Hanson Property, and Fellsmere Joint Venture
properties. The meeting was informational in nature and no actions were taken.
Commissioner Flescher’s intent was to show that all the municipalities were looking
at the ILA seriously. He saw the need to call an open general meeting with all municipalities, so
we could have an open free agreement and to move forward as soon as possible.
May 1, 2007 30
Chairman Wheeler reiterated his support for the ILA and moving forward with all
three processes together. He thought it would be a huge mistake not to continue with Charter and
the ILA at the same time. Commissioner Davis disagreed.
Attorney Collins repeated the Motion to direct staff to draft a responding resolution
to include all unincorporated areas (including the 18,000 to 20,000 under the annexation
application) and land use issues, with direction to bring this back in sixty (60) days.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board directed staff to draft a
Responding Resolution that expands the area of negotiation
to include all unincorporated land in the County, including
the 18,000 acres under annexation application, and to open
the discussion to all aspects of future land use including
density, height, land use, and water services. The Board
also directed staff to bring this back before the Board in
sixty (60) days.
12.B. PRESENTATION OF DRAFT CHARTER ORDINANCE BY C.
ALLEN WATTS, ESQ., AND REQUEST FOR BOARD
DIRECTION ON DRAFT CHARTER ORDINANCE TO
CONSULTANTS AND STAFF
(Clerk’s Note: this Item was heard after Item 12.A. and prior to the Consent
Agenda)
May 1, 2007 31
C. Allen Watts
, Esquire, briefly summarized how county government evolved over
the years. He also talked about duties of the Clerk of the Court and responsibilities of county
government in the early years before growth became an issue.
Attorney Watts
talked briefly about Charter government in Florida, pointing out
that about 80-85% of Florida’s population is under Charter government. He felt the one thing
pertinent to today’s discussion was that under the Local Government Comprehensive Planning Act
of 1985 every city and county has to have a Comprehensive Plan. He advised that the Board of
County Commissioners could not adopt a Charter they could only propose one. He said the
Constitution is very specific that only by a vote of the people could they adopt, amend or repeal a
Charter. A Charter can be proposed by the Legislature, by Charter Commission or an Ordinance of
the Board of County Commissioners.
Attorney Watts
stated that the Draft Charter for review is being presented in the
form of a proposed ordinance complete with a ballot summary and questions. He pointed out that
the main rule for the Ballot Question is, it needs to be clear, not misleading, and has to be 75 words
or less.
Attorney Watts
presented the Draft Charter providing detailed explanations of all
additions and deletions to the draft document.
The Chairman called a break at 10:39 a.m. and reconvened the meeting at 10:56 a.m.
with all members present.
(Clerk’s Note: Chairman Wheeler announced that they would approve the Consent
Agenda, move to Item 13.A.1 discuss whether or not there would be a public hearing for Charter
government and come back to this item).
May 1, 2007 32
On Motion by Commissioner Davis, SECONDED by
Commissioner O’Bryan, the Board unanimously approved
for the Chairman to delay discussions on this Item, approve
the Consent Agenda, then move to Item 13.A.1, thereafter
returning to this Item.
(Clerk’s Note: After returning from a break at 3:38 p.m. the Chairman announced
that they would resume discussions on this Item).
Chairman Wheeler invited Attorney Watts to resume his presentation.
Attorney Watts
requested instructions from the Board on whether to include a
Preamble in the Draft Charter.
Board members briefly discussed the importance of including a Preamble.
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board by a 2-3 vote
(Commissioners Davis, Bowden and Flescher opposed)
DENIED
the inclusion of a Preamble in the Draft Charter
document.
Attorney Watts
explained the provisional changes and requested permission to
include the following Sections in the Draft Charter document:
Section 1.1.
(Creation and General Powers of Home Rule Charter Government.)
May 1, 2007 33
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board unanimously approved the
inclusion of Sections 1.1 through 1.3 in the Draft Charter
document.
Section 1.4.
(Special Powers and Duties of County)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O’Bryan, the Board unanimously approved
the inclusion of Section 1.4 in the Draft Charter document.
Section 1.5
(Transfer of Powers)
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board by a 3-2 vote
(Commissioners Davis and Bowden opposed) approved the
inclusion of Section 1.5 in the Draft Charter document.
Section 1.6
(Separation of Powers) specifically referring to the “County Manager”
as “County Administrator”.
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board unanimously approved the
inclusion of Section 1.6 in the Draft Charter document.
Section 1.7 did not
(Relation to State Law) was deemed standard language and
require approval.
May 1, 2007 34
Section 1.8
(Conflict of County Ordinances with Municipal Ordinances)
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board unanimously approved the
inclusion of Section 1.8 in the Draft Charter document.
Section 1.8.1
Under with subsections 1 through 4 (Urban Services Boundary for the
County and its Cities), Attorney Watts explained that he had added language to show the purpose
of the referendum. Said provision read, “If permitted by law, such plan amendment shall be
effective only upon vote of the electors, of the County at a referendum. If a referendum is not
permitted, such amendments shall be adopted by ordinance approved by not less than four
Commissioners.” Attorney Watts wanted to revise this Section to establish county pre-emptive
planning jurisdiction. He also discussed new language for Section 1.8.1.1 – Urban Services
Boundary, which provides that the County’s Comprehensive Plan in effect on May 1, 2007
establishes an urban services boundary.
Attorney Watts
responded to questions from Vice Chair Bowden as to whether
cities have any recourse if they run into this situation regarding annexed lands outside the urban
service boundary. He asked the Board if they wanted the stricture of a super-majority to apply to
all amendments of the urban service boundary or to only those, which occur inside a city.
Chairman Wheeler and Commissioner O’Bryan favored “all”.
Chairman Wheeler wanted to see language added that says, “unless provided by Interlocal
Agreement”, as it pertains to conflicting ordinances between a municipality and county.
Attorney Watts
agreed that there could be an inclusion that reads, “The County
Plan prevails except when otherwise provided by an Interlocal Agreement.”
Attorney Collins believed it would be useful to have that provision.
May 1, 2007 35
Warren Dill
, Fellsmere City Attorney, had also come up with similar provisions for
inclusion, which states, “… unless otherwise provided by Interlocal Service Boundary
Agreement.”
Discussion ensued among Board members and Attorney Watts on whether a
super-majority vote was required to approve an Interlocal Agreement.
Rich Stringer
, City Attorney, City of Sebastian, also spoke to the wording of the
provision whether to require super-majority vote for the approval of the Interlocal Service
Boundary Agreement, and believed in this instance it may not be needed.
Attorney Watts
reminded everyone that they are talking about the county
enactment of an ordinance approving an Interlocal agreement and whether the county should
subject itself to a requirement of the majority plus one vote. He thought that was a policy choice to
be put in the Charter.
George Christopher,
Planning & Zoning Commission, asked if the substitution on
page 8 was for the entire Section and subsections under Section 1.8. In which case they would be
dropping the referendum requirement on the density increased vote if legally allowed, and hoped
that was not what they were agreeing to.
Attorney Watts
read for the record the substituted language for Section 1.8.1.1. -
Urban Services Boundary).
Commissioner O’Bryan asked that the wording “… if a referendum is not permitted,
such amendment shall be adopted by ordinance of not less than four Commissioners”, be changed
to “majority plus one vote”.
May 1, 2007 36
Mr. Christopher
suggested the inclusion of Section 1.8.1.4 regarding densities,
which he thought was a critical provision. Discussion ensued on whether to take out this Section.
Attorney Watts
advised that this was a policy choice, and if the Board wanted to
limit the referendum to density increase, which would apply only to residential Comprehensive
Plan changes, they could do that. He felt the open question was, “Shall we limit the provision for
referendum super-majority to amendments effecting an increase in density?”
Attorney Collins sought clarity on the final wording for S. 1.8.1.4 regarding
densities. Attorney Watts explained that only the following sentence would be added: “If
permitted by law, any such plan amendment effecting an increase in residential density shall be
effective only upon vote of the electors of the county at a referendum, and if a referendum is not
permitted such amendments should be adopted by ordinance approved by not less than a majority
plus one.”
Attorney Watts
asked for the Board’s pleasure on the proposed Sections 1.8.1 and
1.8.1.1. Board members were comfortable with those provisions.
Attorney Dill
questioned language in Section 1.8.1.1 which states that the “Board
of County Commissioners may amend its comprehensive plan… in the manner provided by law:
…” He suggested the provision read, “…. in the manner provided herein.” He understood this
would only apply to density and perhaps intensities and asked why they could not leave the
industrial/commercial to the cities without the county having to vote every time a city wants to do
an industrial or commercial. It was explained to him that intensities would be left out.
Commissioner O’Bryan asked if they could add a Section 1.8.1.2 that reads, “…
with the exception of lands that are annexed for commercial/industrial, the above provisions do not
apply.” Commissioner Davis did not believe that was good policy.
May 1, 2007 37
After lengthy discussions among the Attorneys and Board members, on whether to
include or exclude certain language to stipulate prevailing ordinances between municipality and
county, it was decided that they needed to get together and work out a simple set of language as to
what was required.
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board unanimously approved to
direct its Legal staff to get together with Attorney Watts,
and the Legal staff of the Cities of Sebastian and Fellsmere,
to work out a simple set of language that would be
agreeable to all.
Section 1.8.2
Under (Maximum countywide building types) Attorney Watts
explained that this would be a second subject of county’s pre-emptive jurisdiction.
Attorney
Chairman Wheeler wanted language added that sets a maximum height.
Watts
advised that the Board might not want to do that by Charter but by Ordinance.
Nancy Offutt,
Vero Beach,commented on prior discussions about building heights
and new construction and asked what about destruction, grandfathering-in, or non-conforming
uses.
Attorney Watts
explained that this language is optional and they do not have to do
anything at all. If a grandfathering-in provision was required it could be placed in the Ordinance.
Chairman Wheeler asked if we could put in building heights with exceptions like we
currently have in our ordinances.
May 1, 2007 38
Attorney Watts
advised that in a Charter you either authorize or limit Legislation
but you do not actually enact it in the Charter; it is left to the legislative process, and would take a
referendum to undo.
Attorney Collins agreed that maximum height should not be in the Charter but once
there are ordinances establishing maximum heights, any increase would require a referendum.
Attorney Dill
thought this was a slippery slope and requested that the Board
exclude industrial and commercial structures from this provision.
Attorney Watts’
advice was to continue Section 1.8.2 as a permissive section, but
once they enact it, they could provide that any ordinance increase in height requires referendum in
a non-industrial zone. His usual advice to counties contemplating Charter is not to use the Charter
as a place to do legislation because facts and legislative changes happen.
(Clerk’s Note: Commissioner Davis exited the meeting at 4:47 p.m.)
Article 2
– Legislative Branch
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board by a 4-0 vote (Commissioner
Davis absent) approved the inclusion of all of Article 2, as
amended, in the Draft Charter document.
Article 3
– Administrative Branch
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board by a 4-0 (Commissioner
May 1, 2007 39
Davis absent) approved inclusion of Article 3, as amended,
in the Draft Charter document.
Article 4Article 5 Article 6
– County Attorney; – County Officers; – Powers
Reserved to the People (Initiative and Recall)
(Clerk’s Note: Commissioner Davis rejoined the meeting at 4:51 p.m.)
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board unanimously accepted the
wording of Articles 4, 5 and 6, as amended, for inclusion in
the Draft Charter document.
Article 7
- Miscellaneous Provisions.
Attorney Watts
recommended, under Section 7.3.2, that they add to the restrictions
on Charter amendments the same addition made to the restrictions on ordinances, (this is, they
cannot apply to the management powers or duties of the county’s constitutional officers.)
Commissioner Davis explained the problem he has with this new language.
Discussion ensued among Board members and Attorney Watts on whether to have language to
change the cycle of the Charter to provide three (3) members from Charter Review, one (1) from
each municipality, and two (2) appointed by each Commissioner.
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board unanimously accepted the
wording of Article 7, as amended, for inclusion in the Draft
Charter document.
May 1, 2007 40
Further discussion ensued regarding provisions for Charter repeal.
George Christopher
thought it was important the way this is drafted that an
amendment only need majority vote, and thought they had all talked about having a 60% vote to
amend the Charter. He drew attention to page 21, Section 7.3.3, which states, “… Passage of
proposed amendments shall require approval of a majority of electors voting in said election.”
Chairman Wheeler favored 60% of the votes.
Attorney Watts
could not say whether the Constitution authorizes it or that it does
not explicitly prohibit a 60% number. He advised that if it was put in and someone wanted to
challenge it they could.
Chairman Wheeler thought it was worth the risk and wanted to have it added.
Commissioner Davis favored majority all the way across. Vice Chair Bowden believed majority
makes sense.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board by a 4-1 vote (Chairman
Wheeler opposed) approved the substituted language to
Section 7.3.3 as follows: “… Passage of proposed
amendments shall require approval of a simple majority
50% plus 1 of electors voting in said election.”
Commissioner O’Bryan agreed with Commissioner Davis.
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Wheeler, the Board unanimously approved
May 1, 2007 41
Section 7, as amended, (with the additional wording in S.
7.3.2 and the revised wording under S. 7.4) for inclusion in
the Draft Charter document.
Attorney Watts
promised to give the Board a finished Charter document with the
amendments approved today. Chairman Wheeler thanked Attorney Watts for his assistance.
12.C. AUTHORIZATION FOR ADDITIONAL FUNDING FOR C.
ALLEN WATTS, ESQ.
(Clerk’s Note: this Item was heard after Item 11.J.3)
Attorney Collins reminded the Board that Mr. Watts was retained to provide legal
services with respect to developing a Charter ordinance and also to assist with annexation issues.
Mr. Watts has notified the Legal Department that he has approached the $5,000.00 limit of the
original authorization. Attorney Collins requested authorization to continue to have Mr. Watts on
retainer with an additional $10,000.00 for legal services, as needed.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O’Bryan, the Board unanimously
authorized the additional amount of not-to-exceed
$10,000.00 for additional legal services by C. Allen Watts,
as recommended in the memorandum of April 25, 2007.
13. COMMISSIONERS’ ITEMS
A. COMMISSIONER GARY C. WHEELER, CHAIRMAN
1. SETTING OF MAY 15, 2007 AS THE FIRST PUBLIC
HEARING FOR CHARTER GOVERNMENT
May 1, 2007 42
Chairman Wheeler asked for dates to be set for public hearings to have public input
on the Charter and how it would be adopted. The tentative dates proposed for the public hearings
were May 15, 2007 and May 22, 2007. The Chairman then opened the floor to public comments.
Fred Mensing
, was opposed to Charter government.
Al Minner
, Sebastian City Manager, 386 Belfast Terrace, speaking on behalf of the
Mayor of Sebastian, wanted to see a delay of the Charter and favored seeing the advancement of
the Interlocal Agreement (ILA).
Jerry Swanson
, 3001 Ocean Drive, opposed Charter government and supported the
ILA.
John Williams
, 1535 Smugglers Cove, begged the Board to go forward with
Charter and give the opportunity to the people to vote on issues that will affect them.
Rene Renzi
, Waverly Place, and Civic Association of Indian River County, agreed
with John Williams and saw Charter as a simple extension of democracy.
st
Ray Scent
, 1615 71 Court, was opposed to Charter government.
Nancy Cook
, Vero Beach, was opposed to Charter government and favored the
ILA.
Catherine Schenk
, 2800 Indian River Boulevard, supported Charter government.
Bill Menzies
, 1943 Tamara Trail, urged the Board to have the next public hearing,
and to let the people decide between Interlocal and Charter government.
May 1, 2007 43
Russel Herman
, 586 Redwood, speaking on behalf of the Friends of St. Sebastian
River, requested that the Board let the people vote on this important matter, and to keep Charter
government alive, but not to overly rush the date on the vote.
Robert Cook
, 710 Riomar Drive, wanted the Charter process to stop now.
Don Studley
, the Polo Grounds, was opposed to Charter government.
Nicholas Schaus
, 137 Anchor Drive, hoped the Board would leave Charter issues to
the voters to decide.
Peter Seed
, Indian River Shores, believed Charter needs additional work, it should
go to public hearings, and if the Board were not prepared to proceed he would feel betrayed.
Carol Webb
, 911 Ladybug Lane, believed it was not prudent to leave a decision of
this magnitude to the elected officials on how land use should be determined. She felt the voters
should have a voice.
George Hamner, Jr.
, Sandfly Lane, had no real disagreement with Charter, but felt
the Board should first pursue the ILA, move slower on Charter, and table the public hearings for
the future.
Jeff Bass
, 1281 Indian Mount Trail, did not understand Charter government. He
believed planning was the only way to control how a community looks and grows. He urged the
Board to kill this initiative and focus on plans for the future.
Attorney Collins responded to comments regarding compilation of the Charter
without a Charter Review Committee.
May 1, 2007 44
rd
Adriene Cuffe
, 695 43 Avenue, believed they did not have enough information on
Charter and did not know which way to go. She wanted to know how a Charter could possibly help
us, and what Interlocal Agreements may say.
James Goddard
, 600 Riomar Drive, did not know which way to go and thought the
decision to put this before the people was the right one.
Bob Smith
, 295 Coconut Palm Road, urged the Board to have the hearings on
Charter government.
th
Jens Tripson
, 2525 14 Street, supported putting the Charter to the people at a
public hearing.
Alfred Baldwin
, Lindsay Lanes, felt there was no guarantee that the ILA would
pass or go forward. He hoped the Board would give them the opportunity to vote and make
decisions.
Debra Ecker
, 550 Riomar Drive, believe that to deny going forward with the
County Charter would undercut the County’s land use regulations and implementations.
Ital Veron
urged the Board to vote for the public hearings.
Dennis Drake,
748 Banyon Road, asked the Board and all concerned to be cautious
to the voice of the majority and make sure the minority is protected.
th
Diane George
, 1515 27 Avenue, directed comments to Commissioner Flescher
regarding his statement to the Press Journal.
May 1, 2007 45
Commissioner Flescher responded to comments from Ms. George regarding his
“political demise” and statements to the Press.
th
Pat Corrigan
, 3645 90 Avenue, was opposed to Charter government but favored
the ILA.
Nancy Offutt
, Vero Beach, representing Treasure Coast Builders Association,
asked the Board to refrain from going forward with Charter government and let planning do its
work.
The Chairman called at break at 12:43 p.m. and reconvened the meeting at 1:01
p.m.
Jerry Thistle
, 2656 Paloma Drive, did not think he knew enough to say we should
go to Charter government.
th
Mark Tripson
, 5020 12 Street, urged the Board to leave the urban service
boundary alone, and did not support Charter government.
Vin Bailey
urged the Board to kill the Charter initiative and work for agreements
with the municipalities.
Guy Barber
, 2015 Highland Drive SW, talked about the power and influence the
IRNA has over the Board and the County.
Mike Ray
, 440 Greystone Court SW, presented growth rate analyses from other
counties to dispel fear that this County’s growth rate is out of control. He challenged the Board to
make an educated decision and stop the process of voting against this Charter.
May 1, 2007 46
Chairman Wheeler responded to comments regarding “ monopoly and scare
tactics”.
Bob Cole
, 98 North Bay Street, Fellsmere and Vice Chairman of Fellsmere
Planning & Zoning Commission, agreed that the public needs to be informed. He argued that it
was not the voters in Fellsmere that County residents needed to be concerned about, but with our
representation. He displayed a map showing Fellsmere’s City limits, its surrounding areas, and the
two planned annexations. Mr. Cole believed both alternatives (Charter & the ILA) should go
forward.
Richard Baker
, Sebastian, thought the Board should go on through the process,
bring out the issues, and let the voters decide.
Don Right
, 720 N. Fisher Circle, Sebastian, objected to how the Charter process is
being handled. He suggested Charter be reviewed before moving forward.
Tommy Barnes
, 602 Tulip Lane, felt Charter was bad for Indian River County and
should be scrapped.
Joseph Schulke
, Sebastian, did not believe Charter government was the right
answer.
Honey Minuse
, Vero Beach, urged the Board to bring the Charter movement to
public hearings.
Richard Dunlop
, 426 Indies Drive, gave his views on the Interlocal Agreement. He
informed the Board that the Town of Orchid would be having its third meeting on the ILA,
tomorrow at 2:00 p.m. in the Orchid Town Hall. He did not think Charter should be on the fast
track and urged the Board to stop Charter now.
May 1, 2007 47
Sara Savage
Mayor of Fellsmere , 235 S. Hickory Street, Fellsmere, also believed
Charter was going too fast. She had a meeting with Chairman Wheeler and offered to table
Fellsmere’s annexation if the Chairman would stop the Charter process but the Chairman said no
they would have to take it away altogether. She believed the County needed to revisit the
Comprehensive Plan because it is over 20 years old. She felt the ILA was the way to go.
Chairman Wheeler responded to the Mayor’s remarks that he had refused to stop the
Charter process if Fellsmere tabled its annexation proposal.
th
Ed Nelson
, 8775 20 Street, requested that the Board publish a copy of the draft
Charter document in the Newspaper, so people would be better informed.
Bill Teston,
736 Iris Lane, questioned the authority of the Chairman in making
decisions with the Mayor of Fellsmere on what should be done for the County. He also questioned
the wisdom to proceed with this process without the due consideration of the voters.
Chairman Wheeler responded to the questions of Mr. Teston. He reiterated prior
comments that if the annexations were off the table he would be willing to freeze Charter.
John Higgs,
45 Wax Myrtle Way, believed that if Fellsmere takes annexation off
the table and the County put a hold on Charter, it would enable everyone to discuss the matter and
make the right decisions.
Jason Nunemaker
, City Manager, Fellsmere, did not think this was an appropriate
forum for negotiations, but wanted to reiterate the proposals on the table. Fellsmere was willing to
meet with the County to discuss the issues.
May 1, 2007 48
Commissioner Davis applauded the Chairman’s efforts in the push for Charter
government, but felt the mechanism to get there is one that continues to backfire on us.
Motion WAS MADE by Commissioner Davis,
SECONDED by Vice Chair Bowden, to kill the Charter,
move forward with the Interlocal Agreement, and if that
fails, have other Commissioners bring Charter back and
move forward with the process.
Vice Chair Bowden seconded the Motion in hope and belief that we will make
tremendous headway with the ILA. She requested that the County seek the assistance of outside
Counsel to move us forward with the ILA.
Commissioner O’Bryan believed a better alternative would be to go ahead with the
first public hearing and have a second public hearing in the future, and that would give them an
option if the ILA does not work. He believed they need to keep all options on the table and was not
in favor of killing the Charter completely.
Commissioner Flescher wanted to have the public hearings to better inform the
people because they do not know enough about Charter government. He appreciated the work Mr.
Watts has done on the Charter application and did not want to see taxpayers money wasted.
Chairman Wheeler believed it was important that we do not kill Charter now and
that the public hearings be held.
Chairman Wheeler and Commissioner Davis engaged in further discussion on the
issues. Commissioner Flescher asked Mr. Watts what would happen to the cost of his work should
Charter be denied today. Mr. Watts explained how the Board would have to give direction on
changes to be made.
May 1, 2007 49
The Chairman CALLED THE QUESTION. By a 2-3 vote
(Commissioners Wheeler, Flescher and O’Bryan opposed),
the MOTION to stop the Charter process, pay incurred
expenses, and proceed post haste with the Interlocal
Agreement, FAILED for lack of a super majority vote.
The Chairman called a recess at 3:19 p.m. and reconvened the meeting at 3:38 p.m.,
with all members present. The Chairman announced that he would continue with Item 12.B.
(Clerk’s Note: This item was continued following Item 12.B. at 5:20 p.m.)
th
Chairman Wheeler asked for a Motion to set May 15 as the first public hearing for
Charter Government.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Vice Chair Bowden, to DENY setting
May 15, 2007 as the First Public Hearing for Charter
Government.
Discussion ensued among Board members regarding tabling this item and working
towards the ILA.
The Chairman CALLED THE QUESTION. By a 4-1 vote
(Chairman Wheeler opposed) the Board DENIED setting
May 15, 2007 as the First Public Hearing for Charter
Government.
May 1, 2007 50
Administrator Baird thought it would be in everyone’s best interest to table Human
Resources item (11.D.1) “ BOCC Organizational Structure”.
On Motion by Commissioner O’Bryan, SECONDED by
Commissioner Davis, the Board unanimously approved to
table Item 11.D.1, “BOCC – Organizational Structure” to
allow sufficient time for review, as recommended by
County Administrator Baird.
The Chairman called for a recess at 5:25 p.m. and reconvened the meeting at 5:39
p.m. moving to Item 9.A.1, with all members present.
13.A.2. REQUEST FROM THE CITY OF FELLSMERE FOR
APPOINTMENTS TO THE TREASURE COAST REGIONAL
PLANNING COUNCIL
This item was deferred.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
to defer Item 13.A.2.
13.B. COMMISSIONER SANDRA L. BOWDEN, VICE
CHAIRMAN - NONE
13.C. COMMISSIONER WESLEY S. DAVIS - NONE
May 1, 2007 51
13.D. COMMISSIONER JOSEPH E. FLESCHER
1. OPTIONS FOR GROWTH MANAGEMENT
Commissioner Flescher reminded the Board of Mr. Paladin’s Proposal to the Board
on April 19, 2007.
MOTION WAS MADE by Commissioner Flescher, to
authorize Administrator Baird to direct staff to review Mr.
Paladin’s proposal, presented on April 19, 2007, and to
come back with a plan.
Commissioner Davis thought perhaps they could incorporate this into some of the
things Fellsmere is doing with the Interlocal Agreement and keep things focused on the issues
current, like annexations. He suggested a delay of this Proposal for a certain period of time, until
they get past some of the issues at hand. He would be interested in looking at this if the Interlocal
agreements are not passed.
A brief discussion ensued between staff and Board members relative to the Paladin
Proposal.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Commissioner Davis, that Administrator
Baird direct staff to only review the proposed “Paladin
Plan” for application.
Chairman Wheeler was not comfortable voting on this matter without prior backup.
Commissioner O’Bryan thought they could talk about the concepts and would rather not see us
limit the proposal.
May 1, 2007 52
Administrator Baird thought maybe they could meet with Mr. Paladin and County
staff and try to incorporate some of his ideas in a report and send an information only report back
to the Board.
The Chairman CALLED THE QUESTION. By a 3-2 vote
(Commissioners O’Bryan and Wheeler opposed), The
Board approved that Administrator Baird would direct staff
to only review the proposed “Paladin Plan” for application.
13.E. COMMISSIONER PETER D. O’BRYAN - NONE
14. SPECIAL 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
May 1, 2007 53
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 6:06 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved: _________________
BCC/AA/2007 Minutes
May 1, 2007 54