HomeMy WebLinkAbout05/13/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 13, 2008
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
A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY, 2008
AS FOSTER FAMILY APPRECIATION MONTH 2
B. PRESENTATION OF PROCLAMATION DESIGNATING MAY 18 — 24, 2008, AS
EMERGENCY MEDICAL SERVICES WEEK 3
6. APPROVAL OF MINUTES - NONE 3
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION NONE 3
1. UPDATE ON REGIONAL CONFLICT COUNSEL POTENTIAL LITIGATION 3
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May 13, 2008
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS—APRIL 24, 2008, THRUMAY 1, 2008 3
8.B. UPDATE ON REGIONAL CONFLICT COUNSEL POTENTIAL LITIGATION 4
8.C. CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
NEIGHBORHOOD REVITALIZATION MODIFICATION #1 4
B.D. APPROVAL OF BID AWARD FOR IRC BID No. 2008046, WINTER GROVE
SUBDIVISION WATER ASSESSMENT PROJECT, WIP No. 473-169000-08507,
UCP No. 3013 5
B.E. WABASSO BEACH PARK RESTORATION, WORK ORDER CT -2; PROFESSIONAL
ENGINEERING SERVICES FOR MASTER LIFT STATION AND FORCE MAIN
CONNECTION; COASTAL TECHNOLOGY CORPORATION; SECOND AND FINAL
PAYMENT FOR RELEASE OF RETAINAGE 5
B.F. WORK ORDER No. 4 (ENGINEERING/SURVEYING), MASTELLER, MOLER, REED
AND TAYLOR, INC., CR512 PHASE V ROADWAY PLANNING & DESIGN
TOPOGRAPHIC SURVEY, FROM—PHASE IV (I-95) TO BROADWAY STREET (CITY
OF FELLSMERE) 6
8.G. WORK ORDER No. 5 (ENGINEERING/SURVEYING), MASTELLER, MOLER,
REED AND TAYLOR, INC. — FULL & FINAL PAY, CR512 PHASE IV ROADWAY
IMPROVEMENTS, IRC PROJECT 9611B, POND A (RETENTION AREA)
BOUNDARY SURVEY 6
8.H. WORK ORDER No. 5 (ENGINEERING/SURVEY), SURVEYING AND MAPPING/GIS
SERVICES, INDIAN RIVER COUNTY VERTICAL CONTROL NETWORK (IRCVCN),
PROJECT: INDIAN RIVER COUNTY VERTICAL CONTROL MAPPING/GIS, INDIAN
RIVER COUNTY MASTER CONTRACT 0504; NICK MILLER, INC. (NOW DOING
BUSINESS AS GLOBALMIND), PROFESSIONAL SURVEYORS AND MAPPERS 7
8.L WORK ORDER No. 6 (ENGINEERING/SURVEYING) MASTELLER, MOLER, REED
AND TAYLOR, INC. — FULL & FINAL PAY, CR512 PHASE IV ROADWAY
IMPROVEMENTS, 102ND TERRACE ABANDONMENT & 101sT AVE RE -ALIGNMENT
BOUNDARY SURVEYS 7
B.J. WORK ORDER No. 9 (ENGINEERING/SURVEYING), COUNTY ROAD 510 & US1
INTERSECTION IMPROVEMENTS PROJECT, RIGHT-OF-WAY & LAND
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May 13, 2008
ACQUISITION - BOUNDARY SURVEYS, CARTER ASSOCIATES, INC., IRC PROJECT
No. 0610 8
8.K. KIMLEY-HORN AND ASSOCIATES, INC. AMENDMENT No. 3 - RELEASE OF
RETAINAGE, S8TIT AVE AND SR 60 INTERSECTION- S8THAVE CORRIDOR STUDY 8
8.L. WORK ORDER No. 10 (ENGINEERING/SURVEYING), CARTER ASSOCIATES, INC.
, PROPOSED OSLO ROAD BOAT RAMP DESIGN AND PEMITTING PROJECT,
INDIAN RIVER COUNTY PROJECT NO. 0381 ADDITIONAL SURVEY SERVICES 9
8.M. APPROVAL OF NOTICE OF RETUNING SCHEDULE BETWEEN INDIAN RIVER
COUNTY AND SPRINT NEXTEL 9
8.N. REJECTION OF INDIAN RIVER COUNTY BID No. 2008036, PURCHASE OF
PORTABLE FLOW METERS, UTILITIES DEPARTMENT / WASTEWATER
TREATMENT DIVISION 10
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES — NONE ADDITION: 10
1. PROPERTY APPRAISER DAVID NOLTE - UPDATE ON HOUSE BILL 909
REGARDING THE VALUE ADJUSTMENT BOARD 10
10. PUBLIC ITEMS 12
A. PUBLIC HEARINGS 12
1. CONSIDERATION TO APPROVE A CONSERVATION
EASEMENT RELATING TO EXPENDITURE OF
ENVIRONMENTAL LAND BOND FUNDS FOR THE CITY OF
FELLSMERE'S FLORIDA COMMUNITIES TRUST GRANT
PROJECT KNOWN AS "FELLSMERE TRAILHEAD
PRESERVE" (ADMINISTRATIVE) 12
10.B. PUBLIC DISCUSSION ITEMS 15
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May 13, 2008
1. REQUEST TO SPEAK FROM DIAN GEORGE REGARDING SZECHUAN PALACE
RESTAURANT 15
2. REQUEST TO SPEAK FROM DIAN GEORGE REGARDING VOTER APPROVED
VETERANS EXEMPTION PASSING ON 2007 BALLOT 15
10.C. PUBLIC NOTICE ITEMS 15
1. NOTICE OF SCHEDULED PUBLIC HEARINGS: 15
A. PUBLIC HEARING MAY 20, 2008: 15
RYALL ACQUISITION GROUP, LLC's REQUEST TO REZONE APPROXIMATELY 596.33
ACRES FROM A-1, AGRICULTURAL 1 (UP TO 1 UNIT/5 ACRES), RS -3,
RESIDENTIAL SINGLE-FAMILY (UP TO 3 UNITS/ACRE, RS -6, RESIDENTIAL
SINGLE FAMILY (UP TO 6 UNITS/ACRES, RM -3, RESIDENTIAL MULTI -FAMILY
(UP TO 3 UNITS/ACRE), RM -6, RESIDENTIAL MULTI -FAMILY (UP TO 6
UNITS/ACRES), AND RM -8, RESIDENTIAL MULTI -FAMILY (UP TO 8
UNITS/ACRE), TO PLANNED DEVELOPMENT TRADITIONAL NEIGHBORHOOD
DESIGN (PDTND) AND OBTAIN CONCEPTUAL PLANNED DEVELOPMENT PLAN
APPROVAL FOR A PROJECT TO BE KNOWN AS LIBERTY PARK (LEGISLATIVE) 15
B. PUBLIC HEARINGS JUNE 3, 2008: 16
CONSIDERATION OF PROPOSED AMENDMENTS TO LDR CHAPTER 910,
CONCURRENCY MANAGEMENT SYSTEM, TO ADD SCHOOL CONCURRENCY
REGULATIONS AND UPDATE TRANSPORTATION MONITORING AREA OF
INFLUENCE REFERENCE (LEGISLATIVE) 16
11. COUNTY ADMINISTRATOR'S MATTERS - NONE 16
12. DEPARTMENTAL MATTERS 16
12.A. COMMUNITY DEVELOPMENT - NONE 16
12.B. EMERGENCY SERVICES - NONE 16
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May 13, 2008
12.C. GENERAL SERVICES - NONE 16
12.D. HUMAN RESOURCES - NONE 16
12.E. HUMAN SERVICES - NONE 17
12.F. LEISURE SERVICES - NONE 17
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 17
12.H. RECREATION - NONE 17
12.I. PUBLIC WORKS - NONE 17
12.J. UTILITIES SERVICES - NONE 17
13. COUNTY ATTORNEY - NONE 17
14. COMMISSIONERS ITEMS 17
A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN - NONE 17
B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 17
1. REQUEST FOR A RESOLUTION OF SUPPORT FOR THE NATIONAL STRATEGIC
IMPORTANCE OF MAINTAINING SPACEFLIGHT EXPERTISE AT THE KENNEDY
SPACE CENTER AND ENSURING FUTURE CREW AND CARGO LOGISTIC
MISSIONS TO THE INTERNATIONAL SPACE STATION USE DOMESTIC
CAPABILITIES 18
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May 13, 2008
14.C. COMMISSIONER JOSEPH E. FLESCHER 18
1. INDIAN RIVER COUNTY SHOOTING RANGE MANAGEMENT PLAN 18
D. COMMISSIONER PETER D. O'BRYAN - NONE 19
E. COMMISSIONER GARY C. WHEELER - NONE 19
15. SPECIAL DISTRICTS AND BOARDS 19
A. EMERGENCY SERVICES DISTRICT - NONE 19
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 19
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 19
16. ADJOURNMENT 20
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May 13, 2008
May 13, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, May 13, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley S.
Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, Deputy County Attorney William DeBraal,
and Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:02 a.m.
2. INVOCATION
Reverend Jack Diehl, Our Savior Lutheran Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Sandra L. Bowden, Chairman, led the Pledge of Allegiance to the
Flag.
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May 13, 2008
Chairman Bowden requested that a moment of silence be observed in honor of
Robert Woyshner, Ocean Rescue Lifeguard, who passed away yesterday during training.
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY
ITEMS
1. Addition: Item 9.A - Presentation by Property Appraiser David Nolte
regarding Senate/House Bill 909 — Value Adjustment Board
2. Move Item 8.B. from Consent Agenda and place under Item 7A —
Informational Items
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
MAY, 2008 AS FOSTER FAMIL YAPPRECIATION MONTH
Chairman Bowden read and presented the Proclamation to Foster Family
Recruiter, Rosanna Gonzales, who thanked the Board, on behalf of the Hibiscus Children's
Center, for the recognition.
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May 13, 2008
B. PRESENTATION OF PROCLAMATION DESIGNATING MAY 18 - 24,
2008, AS EMERGENCY MEDICAL SERVICES WEEK
Commissioner Flescher read and presented the Proclamation to Assistant Fire
Chief Brian Burkeen who, on behalf of the Fire Rescue team, thanked the Board for the
recognition. At the request of Commissioner O'Bryan, Mr. Burkeen gave a brief update on the
burning wild fires in Brevard County.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION NONE
1. UPDATE ON REGIONAL CONFLICT COUNSEL POTENTIAL
LITIGATION
At the request of Chairman Bowden, the above item was removed from the
Consent Agenda, 8.B, and placed here as an informational item.
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS -APRIL 24, 2008, THRUMAY 1, 2008
ON MOTION by Commissioner O'Bryan, 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 April 24, 2008 to May 1,
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May 13, 2008
2008, as requested in the memorandum dated May 1,
2008.
8.B. UPDATE ON REGIONAL CONFLICT COUNSEL POTENTIAL
LITIGATION
At the request of Chairman Bowden, this item was moved to Item 7 as an
informational item.
8.C. CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
NEIGHBORHOOD REVITALIZATION MODIFICATION #1
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved proposed Modification No. 1 to the
Neighborhood Revitalization Community Development
Block Grant, and authorized the Chairman to sign
appropriate related documents for transmittal to the
Department of Community Affairs (DCA), as
recommended in the memorandum dated May 5, 2008.
COPY OF LETTER TO DEBBIE BOYETT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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May 13, 2008
8.D. APPROVAL OF BID AWARD FOR IRC BID No. 2008046, WINTER
GROVE SUBDIVISION WATER ASSESSMENT PROJECT, WIP No.
473-169000-08507, UCP No. 3013
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Bid Award to Young's Communications Co.,
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, as recommended in the
memorandum dated May 5, 2008.
8.E. WABASSO BEACH PARK RESTORATION, WORK ORDER CT -2;
PROFESSIONAL ENGINEERING SERVICES FOR MASTER LIFT
STATION AND FORCE MAIN CONNECTION; COASTAL TECHNOLOGY
CORPORATION; SECOND AND FINAL PAYMENT FOR RELEASE OF
RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved payment of the Consultant's (Coastal
Technology Corp.) application for the requested release of
final retainage in the amount of $731.00, as recommended
in the memorandum dated May 6, 2008.
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May 13, 2008
8.F. WORK ORDER No. 4 (ENGINEERING/SURVEYING), MASTELLER,
MOLER, REED AND TAYLOR, INC., CR512 PHASE V ROADWAY
PLANNING & DESIGN TOPOGRAPHIC SURVEY, FROM — PHASE IV
(1-95) TO BROADWAY STREET (CITY OF FELLSMERE)
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Work Order No. 4, 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 May 1, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. WORK ORDER No. 5 (ENGINEERING/SURVEYING), MASTELLER,
MOLER, REED AND TAYLOR, INC. — FULL & FINAL PAY, CR512
PHASE IV ROADWAY IMPROVEMENTS, IRC PROJECT 9611B, POND
A (RETENTION AREA) BOUNDARY SURVEY
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved payment of Masteller, Moler, Reed and Taylor,
Inc.'s Invoice No. 2534-6551, dated 4/18/08, in the
amount of $4,325.00, as recommended in the
memorandum of May 2, 2008.
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May 13, 2008
8.H. WORK ORDER No. 5 (ENGINEERING/SURVEY), SURVEYING AND
MAPPING/GIS SERVICES, INDIAN RIVER COUNTY VERTICAL
CONTROL NETWORK (IRCVCN), PROJECT: INDIAN RIVER
COUNTY VERTICAL CONTROL MAPPING/GIS, INDIAN RIVER
COUNTY MASTER CONTRACT 0504; NICK MILLER, INC. (NOW
DOING BUSINESS AS GLOBALMIND), PROFESSIONAL SURVEYORS
AND MAPPERS
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Work Order No. 5 under the umbrella of the
Master Contract No. 0504 (Nick Miller, Inc., n/d/b as
GlobalMind), in the amount of $8,500.00, 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 May 5, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. WORK ORDER No. 6 (ENGINEERING/SURVEYING) MASTELLER,
MOLER, REED AND TAYLOR, INC. — FULL & FINAL PAY, CRS12
PHASE IV ROADWAY IMPROVEMENTS, 102ND TERRACE
ABANDONMENT & 101sTAVEREALIGNMENT BOUNDARY SURVEYS
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved payment of Invoice No. 2539-6550, dated
04/18/08, in the amount of $6,200.00, to Masteller, Moler,
Reed & Taylor, Inc., as recommended in the memorandum
dated May 2, 2008.
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May 13, 2008
8.J. WORK ORDER No. 9 (ENGINEERING/SURVEYING), COUNTY ROAD
510 & USI INTERSECTION IMPROVEMENTS PROJECT, RIGHT-OF-
WAY & LAND ACQUISITION - BOUNDARY SURVEYS, CARTER
ASSOCIATES, INC., IRC PROJECT NO. 0610
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Work Order No. 9 (Carter Associates, Inc.),
authorizing the project as outlined in the Scope of
Services, and authorized the Chairman to execute said
Work Order, as recommended in the memorandum dated
May 2, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. KIMLEY-HORN AND ASSOCIATES, INC. AMENDMENT No. 3 -
RELEASE OF RETAINAGE, 58TH AVE AND SR 60 INTERSECTION -
58THAVE CORRIDOR STUDY
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the release of retainage to Kimley-Horn and
Associates, Inc., on Invoice No. 3110104, dated 2/29/08 in
the amount of $3,720.00, as requested in the memorandum
of May 5, 2008.
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May 13, 2008
8.L. WORK ORDER No. 10 (ENGINEERING/SURVEYING), CARTER
ASSOCIATES, INC. , PROPOSED OSLO ROAD BOAT RAMP DESIGN
AND PEMITTING PROJECT, INDIAN RIVER COUNTY PROJECT No.
0381 ADDITIONAL SURVEY SERVICES
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Work Order No. 10 (Carter Associates, Inc.),
authorizing the project as outlined in the Scope of
Services, and authorized the Chairman to execute said
Work Order, as requested in the memorandum dated April
28, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. APPROVAL OF NOTICE OF RETUNING SCHEDULE BETWEEN INDIAN
RIVER COUNTY AND SPRINT NEXTEL
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the agreement with Nextel South Corporation,
and authorized the Chairman to execute any future
agreements for completion of the project, as recommended
in the memorandum dated May 5, 2008.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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May 13, 2008
8.N. REJECTION OF INDIAN RIVER COUNTY BID No. 2008036,
PURCHASE OF PORTABLE FLOW METERS, UTILITIES DEPARTMENT
/ WASTEWATER TREATMENT DIVISION
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved staff's recommendation, rejecting all bids and
directed staff to solicit new bids with revised
specifications, as recommended in the memorandum dated
May 1, 2008.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE ADDITION:
1. PROPERTY APPRAISER DAVID NOLTE - UPDATE ON HOUSE BILL
909 REGARDING THE VALUE ADJUSTMENT BOARD
David Nolte, Property Appraiser, 900 Royal Palm Place, informed the Board that
the Legislature passed a Bill, HB 909, which completely changes the Value Adjustment Board,
and puts additional costs on the County because of the legislative change to the Value
Adjustment Board. He noted there was a lot of support for this Bill and felt it was almost
impossible that the Governor would veto it.
Mr. Nolte listed some of the requirements of the Bill: (1) the mandatory training
of Special Magistrates; (2) it changes the composition of the Board, placing two citizens on it;
and (3) it mandates that a private counsel who has no association with government be appointed
counsel for VAB. Mr. Nolte assessed that the private counsel might prove not to be too
expensive as he/she would only appear at Board meetings and that could mean an additional
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May 13, 2008
$500.00 per year in cost. He did not think the Board could convince the governor that a $500.00
mandate is reason to veto this Bill.
Mr. Nolte responded to questions from Commissioner Wheeler regarding his
assessment that it would only cost an additional $500.00 for attorney's fees. Commissioner
Wheeler thought it would be more than that, and recognized that this was another unfunded
mandate. Mr. Nolte did not think sending a resolution would do any good as Commissioner
Wheeler thought.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman Bowden, to send a resolution
asking the Governor to veto this Bill, outlining the
difficulty of the County having to provide funding for this
new mandate, and voicing opposition to the unfunded
mandate.
The Board contemplated the need for new counsel when one was already in place.
Deputy County Attorney Bill DeBraal agreed with Commissioner Wheeler that
there would be increased attorney's costs, which he explained. He informed the Board that the
Florida Association of Counties is looking at this Bill from a Constitutional standpoint; there has
been talk about challenging the Bill; and it would cost us nothing additional, as that would be
done out of funds that we pay to the Association.
Mr. Nolte did not necessarily think the attorney has to be involved in anything
other than being at the Board meeting. He responded to questions from the Board regarding
Special Masters salaries for this year.
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May 13, 2008
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
Resolution 2008-053 in opposition to changes made to
County Value Adjustment Boards by Senate Bill/House
Bill 909.
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. CONSIDERATION TO APPROVE A CONSERVATION
EASEMENT RELATING TO EXPENDITURE OF
ENVIRONMENTAL LAND BOND FUNDS FOR THE CITY OF
FELLSMERE'S FLORIDA COMMUNITIES TRUST GRANT
PROJECT KNOWN AS "FELLSMERE TRAILHEAD
PRESERVE" (ADMINI STRAT IVE )
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Environmental Planning Chief Roland DeBlois recapped the backup memorandum
dated May 5, 2008, and provided a history of the project, including prior actions by the Land
Acquisition Advisory Committee (LAAC), when it voted to recommend that the Board of
County Commissioners approve a request from the City of Fellsmere for a 10% funding (up to
$700,000) as a local match towards the City's application to the Florida Communities Trust to
acquire the ±86 acre "Fellsmere Trailhead Preserve." Said property is located at the northwest
corner of I-95 and CR 512.
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May 13, 2008
Mr. DeBlois reminded the Board of its prior action on May 8, 2007, when they
considered the City's request and agreed to the 10% funding (up to $700,000), conditioned upon
the County obtaining a percentage of undivided title interest if the property is acquired.
However, the Florida Communities Trust (FCT) has advised that undivided title interest was not
allowed, because the County was not the applicant, but the County could obtain a conservation
easement interest (in lieu of title interest). Mr. DeBlois outlined the City of Fellsmere's
responsibilities, under the proposal, being the holder of the title.
Mr. DeBlois reported that the LAAC, at its March 12, 2008 meeting, voted 15-0 to
recommend that the Board of County Commissioners approve the easement (in lieu of title
interest) and proceed as a 10% funding partner. He then presented staff s recommendation as
outlined at page 97 of the backup. He thereafter responded to questions from the Board
regarding why we were not a part of the application so we could have an undivided interest; what
was the timetable for the improvements; and whether we have any ability to make sure it
happens within that timeframe.
Commissioner Flescher wanted to know the characteristics that set this easement
apart from any other easement that we have considered under this Bond.
Assistant County Attorney Marian Fell explained that this land would be owned by
another governmental entity, the City of Fellsmere, and it would provide full and unfettered
access. She said the land is proposed to be developed as a passive recreation and limited active
recreation, which examples she gave.
The Chairman opened the Public Hearing.
Jason Nunemaker, City Manager, City of Fellsmere, in response to
Commissioner Wheeler's earlier questions regarding timeframe, said they have ten (10) years to
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May 13, 2008
put the improvements in place and if they did not, the State would take the lands back. Mr.
Nunemaker explained how the improvements would be phased -in, in response to Commissioner
Wheeler's further questioning.
Commissioner O'Bryan asked if the words "Indian River County" could be added
to the entrance sign, where it says "with Florida Communities Trust recognition." Mr.
Nunemaker said, "Absolutely," and responded to further questions from the Board regarding
development.
Vice Chairman Davis liked this project because: we are putting in a half million
dollars to get 86 acres; we are creating a public facility; and it is a little more active recreation
versus passive recreation and the County residents can use it.
Mr. Nunemaker was happy working with the County, and felt it was a good
partnership.
Jens Tripson, 2525 14th Street, representing Pelican Island Audubon Society,
urged the Board to approve this partnership, and as Chairman of the LAAC, looked forward to
working with Fellsmere.
There were no other speakers and the Chairman closed the Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
approved the Conservation Easement and Memorandum of
Understanding; (2) authorized the Chairman to execute
said documents; and (3) approved an expenditure of
$542,873.00 in environmental land bond funds as a 10%
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May 13, 2008
match towards project costs for acquisition of the
Fellsmere Trailhead Preserve property, as recommended
in the memorandum of May 5, 2008.
Commissioner Wheeler believed the "Trailhead Preserve" could be viewed on the
internet and he encouraged residents to visit that website.
PARTIALLY EXECUTED COPIES OF DOCUMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
10.B. PUBLIC DISCUSSION ITEMS
1. REQUEST TO SPEAK FROM DIAN GEORGE REGARDING SZECHUAN
PALACE RESTAURANT
Ms. George was absent.
2. REQUEST TO SPEAK FROM DIAN GEORGE REGARDING VOTER
APPROVED VETERANS EXEMPTION PASSING ON 2007 BALLOT
Ms. George was absent.
10.C. PUBLIC NOTICE ITEMS
1. NOTICE OF SCHEDULED PUBLIC HEARINGS:
A. PUBLIC HEARING MAY 20, 2008:
RYALL ACQUISITION GROUP, LLC's REQUEST TO REZONE
APPROXIMATELY 596.33 ACRES FROM A-1, AGRICULTURAL 1 (UP
TO 1 UNIT/5 ACRES), RS -3, RESIDENTIAL SINGLE-FAMILY (UP TO 3
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May 13, 2008
UNITS/ACRE), RS -6, RESIDENTIAL SINGLE FAMILY (UP TO 6
UNITS/ACRES), RM -3, RESIDENTIAL MULTI -FAMILY (UP TO 3
UNITS/ACRE), RM -6, RESIDENTIAL MULTI -FAMILY (UP TO 6
UNITS/ACRES), AND RM -8, RESIDENTIAL MULTI -FAMILY (UP TO 8
UNITS/ACRE), TO PLANNED DEVELOPMENT TRADITIONAL
NEIGHBORHOOD DESIGN (PDTND) AND OBTAIN CONCEPTUAL
PLANNED DEVELOPMENT PLAN APPROVAL FOR A PROJECT TO BE
KNOWN AS LIBERTY PARK (LEGISLATIVE)
B. PUBLIC HEARINGS JUNE 3, 2008:
CONSIDERATION OF PROPOSED AMENDMENTS TO LDR CHAPTER
910, CONCURRENCY MANAGEMENT SYSTEM, TO ADD SCHOOL
CONCURRENCY REGULATIONS AND UPDATE TRANSPORTATION
MONITORING AREA OF INFLUENCE REFERENCE (LEGISLATIVE)
The Chairman read the Notices into the record.
11. COUNTY ADMINISTRATOR'S MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12.C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
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May 13, 2008
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES — NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION — NONE
12.I. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY - NONE
14. COMMISSIONERS ITEMS
A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -
NONE
B. COMMISSIONER WESLEY S. DAVIS, VICE
CHAIRMAN
May 13, 2008
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1. REQUEST FOR A RESOLUTION OF SUPPORT FOR THE NATIONAL
STRATEGIC IMPORTANCE OF MAINTAINING SPACEFLIGHT EXPERTISE
AT THE KENNEDY SPACE CENTER AND ENSURING FUTURE CREW AND
CARGO LOGISTIC MISSIONS TO THE INTERNATIONAL SPACE STATION
USE DOMESTIC CAPABILITIES
Vice Chairman Davis received a letter from the Chairman of the Brevard County
Commission requesting that the Indian River Board of County Commissioners consider drafting
a Resolution of support for the National Strategic Importance of Maintaining Spaceflight
Expertise at the Kennedy Space Center and Ensuring Future Crew and Cargo Logistic Missions
to the International Space Station Use Domestic Capabilities.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, The Board unanimously
approved Resolution 2008-054 to the Florida
Congressional Delegation regarding the importance of
maintaining Spaceflight Expertise at the Kennedy Space
Center and ensuring that future crew and cargo missions to
the International Space Station use domestic capabilities.
14.C. COMMISSIONER JOSEPH E. FLESCHER
1. INDIAN RIVER COUNTY SHOOTING RANGE MANAGEMENT PLAN
Commissioner Flescher was contacted by Mr. Adam Young from the Florida Fish
and Wildlife Conservation Commission regarding the County's Shooting Range, and was
advised that we would be getting into the 10 year assessment, per State Statute
{Ch.259.032(10)}, which affords us the opportunity, and mandates that the public, Range users
and members of the community are able to review the use of the land. A meeting on "Best
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May 13, 2008
Management Practices" is scheduled for Monday, May 19, 2008, at 6:30 to 9:00 a.m., in the
County Commission Chambers. Mr. Adam Young may be reached in Tallahassee at 850-413-
0084. Commissioner Flescher encouraged all members of the public to attend the meeting.
Vice Chairman Davis would like to see a sporting clays facility at the range in
addition to the five stands we currently have. He felt that was the one thing holding back the
Range from profitability, and if we get 10 more sporting clays stations this would be the icing on
the cake for the world class facility that it is now.
Administrator Baird said the problem is with environmental permitting; it is on
State property; and they cannot get the cooperation needed.
D. COMMISSIONER PETER D. O'BRYAN - NONE
E. COMMISSIONER GARY C. WHEELER - NONE
15. SPECIAL DISTRICTS AND BOARDS
A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15.C. ENVIRONMENTAL CONTROL BOARD - NONE
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May 13, 2008
NI 132 be Ise
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.
16. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 9:41 a.m.
ATTEST:
Jefarton, Clerk
Minutes Approved: JUN 1 0 2008
BCC/AA/2008 Minutes
May 13, 2008
/ Ow ca4.t..._
S . dra L. Bowden, Chairman
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