HomeMy WebLinkAbout05/22/2007 (3)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 22, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 28, 2007, AS MEMORIAL DAY 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING MAY 2007 AS NATIONAL
PRESERVATION MONTH 2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING MAY 2007, AS ELDER LAW MONTH
3
5.D. PRESENTATION OF PROCLAMATION DESIGNATING MAY 20-26, 2007 AS EMERGENCY
MEDICAL SERVICES WEEK 3
5.E. PRESENTATION OF INDIAN RIVER COUNTY AGRICULTURE EXTENSION SERVICE
STATUS REPORT BY CHRISTINE KELLY-BEGAZO, COUNTY EXTENSION DIRECTOR 3
6. APPROVAL OF MINUTES 4
A. REGULAR MEETING OFMARCH13, 2007 4
May 22, 2007 1
7. CONSENT AGENDA 4
7.A. APPROVAL OF WARRANTS APRIL 27, 2007 MAY03, 2007 MAY4, 2007—MAY10,
2007 4
7.B. RESIGNATION OF VERO BEACH REPRESENTATIVE APPOINTEE TO THE
METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMMITTEE 4
7.C. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID #2007059
REHABILITATION OF LIFT STATIONS, 1, 164, 167, 168 SOUTH COUNTY WWTF
WASTEWATER DIVISION/UTILITIES DEPARTMENT 5
7.D. AUTHORIZATION FOR SHERIFF TO OCCUPY AND USE THE FORMER SUPERVISOR OF
ELECTIONS MODULAR OFFICES 5
7.E. RAMELL PROPERTIES, INC. 'S REQUEST FOR FINAL PLAT APPROVAL FOR THE BELLA
TERRA SOUTH AFFIDAVIT OF EXEMPTION PROJECT (QUASI-JUDICIAL) 7
7.F. MISCELLANEOUS BUDGET AMENDMENT 018 7
7.G. RESOL UTONS TO PROVIDE FOR THE PAVING AND DRAINAGE IMPROVEMENTS TO AND
SET PUBLIC HEARING DATE FOR: 10TH COURT SW FROM 9TH STREET SW (OSLO
ROAD) TO 7TH STREET SW AND THE INTERSECTING STREETS IN OSLO PARK
SUBDIVISION, IRCPROJECTNO. 0436 7
7.H. MICHAEL CREEK SUBDIVISION DEVELOPER'S AGREEMENT FOR DEVELOPER
CONTRIBUTIONS TO INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF SR
510 AND US 8
7i ACCEPTANCE OF CHANGE ORDER NO. 10, NEW COUNTY EMERGENCY OPERATIONS
CENTER 9
7.J. ACCEPTANCE OF CHANGE ORDER NO. 11, NEW COUNTY EMERGENCY OPERATIONS
CENTER 9
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES 9
8.A. INDIAN RIVER COUNTY SHERIFF - ROY RAYMOND 9
2007 CRITICAL INFRASTRUCTURE PROJECT 9
9. PUBLIC ITEMS 10
May 22, 2007 2
9.A.1. PUBLIC HEARING 10
27TH DRIVE PETITION WATER SERVICE (NORTH OF 4TH STREET) 10
INDIAN RIVER COUNTY PROJECT NO. UCP -2906 10
RESOLUTION HI (ADMINISTRATIVE) 10
9.B. PUBLIC DISCUSSION ITEMS 10
9.B.1. REQUEST TO SPEAK FROM JOSEPH PALADIN, BOARD OF DIRECTORS, GIFFORD
YOUTH ACTIVITY CENTER, REGARDING COUNTY FUNDS FOR GIFFORD YOUTH
ACTIVITY CENTER 11
9.C. PUBLIC NOTICE ITEMS 11
9. C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR JUNE 5, 2007 11
9.0 1.A. CONSIDERATION OF PROPOSED AMENDMENTS TO SECTION 913.10.2 OF THE
CODE OF INDIAN RIVER COUNTY TO LOWER THE RATING ON BONDS SECURING
WARRANTY OF SUBDIVISION IMPROVEMENTS (COUNTY INITIATED) (LEGISLATIVE) 12
9. C1.B. CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 972 OF THE CODE OF
INDIAN RIVER COUNTY TO LIMIT TEMPORARY VEHICLE SALES LOCATIONS (COUNTY
INITIATED (LEGISLATIVE 12
9. C.1. C. INDIAN RIVER COUNTY PETITION FOR CLOSING, ABANDONMENT, AND VACATION
OFA 3' STRIP OF MOORING LINE DRIVE ADJACENT TO LOT 138 OF THE MOORINGS
SUBDIVISION (LEGISLATIVE) 12
9. C.2. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR JUNE 5, 2007 12
MEADOWLARK WOODS PETITION WATER SERVICE (61sT AVENUE NORTH OF 41ST STREET),
INDIAN RIVER COUNTY PROJECT NO. UCP -2324 (ADMINISTRATIVE) 12
9.C.3. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR JUNE 5,2007 12
ADOPTION OF AN ORDINANCE CONTAINING A NEW ELECTRIC FRANCHISE AGREEMENT
WITH FLORIDA POWER & LIGHT COMPANY (LEGISLATIVE) 12
10. COUNTY ADMINISTRATOR'S MATTERS - NONE 13
11. DEPARTMENTAL MATTERS 13
11.A. COMMUNITY DEVELOPMENT—NONE 13
11.B. EMERGENCY SERVICES - NONE 13
May 22, 2007 3
11. C. GENERAL SERVICES - NONE 13
11.D. HUMAN RESOURCES -NONE 13
11.E. HUMAN SERVICES - NONE 13
11.F. LEISURE SERVICES - NONE 13
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 13
11.H. RECREATION - NONE 13
13
13
11.L PUBLIC WORKS - NONE
11.J. UTILITIES SERVICES
11.J.1. DASIE HOPE CENTER/DOUGLAS SCHOOL PRIVATE LIFT STATION AND FORCE
MAIN, APPROVAL OF WORK AUTHORIZATION DIRECTIVE No. 2007-003, UCP No.
2940, WIPNo. 472-169000-07514
11.J.2. SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT, PROFESSIONAL
SERVICES BYKIMLEY-HORN & ASSOCIATES, INC. (KHA) FOR UPGRADES AND
MODIFICATIONS TO RESTORE CAPACITY- WORK ORDER No. 14 AMENDMENT NO. 1.... 14
14
12. COUNTY ATTORNEY MATTERS 15
12.A. RESPONDING RESOLUTION UNDER PARTIIOF CHAPTER 171, FLORIDA STATUTES
-INTERLOCAL SERVICE BOUNDARY AGEEMENTS 15
12.B. "STAND DOWN RESOLUTION" (INTERLOCAL AGREEMENT) 16
12. C. AUTHORIZATION TO CHALLENGE PENDING FELLSMEREANNEXATIONS 18
13. COMMISSIONER ITEMS 18
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 19
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR - NONE 19
13. C. COMMISSIONER WESLEY S. DAVIS - NONE 19
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 19
13.E. COMMISSIONER PETER D. O'BRYAN 19
1. UPDATE ON ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT LAND SWAP WITH
CORRIGANFAMILY 19
14. SPECIAL DISTRICTS AND BOARDS 19
May 22, 2007 4
14.A. EMERGENCY SERVICES DISTRICT 19
1. APPROVAL OF MINUTES OF REGULAR MEETING OF MARCH 13, 2007 19
2. APPROVAL OF MODIFICATION #1 TO GRANT AGREEMENT 06 -DS -3W-10-40-01-277 19
14.B. SOLID WASTE DISPOSAL DISTRICT 20
14.B.1. APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 20, 2007 20
14.B.2. APPROVAL OF MINUTES OF REGULAR MEETING OF APRIL 3, 2007 20
14.B.3. APPROVAL OF BID AWARD FOR IRC BID #2007063, 20 CUBIC YARD ROLL OFF
CONTAINERS/UTILITIES DEPARTMENT/SOLID WASTE DISPOSAL DISTRICT 20
14. C. ENVIRONMENTAL CONTROL BOARD - NONE 20
15. ADJOURNMENT 20
May 22, 2007 5
May 22, 2007
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday,
May 22, 2007. Present were Chairman Gary C. Wheeler, Vice Chair Sandra L. Bowden,
Commissioners Wesley S. Davis, Joseph E. Flescher, Peter D. O'Bryan. Also present were
County Administrator Joseph A. Baird, County Attorney William G. Collins II, and Deputy Clerk
Maria I. Suesz.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Joe Flescher led the Pledge of Allegiance to the Flag.
May 22, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler requested Item 7. J. be deleted from the agenda.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously made the
above change to the Agenda.
Chairman Wheeler requested Item 12.C., an authorization to challenge pending Fellsmere
annexations be deleted until after their joint meeting with Fellsmere.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously deleted
Item 12.C. from the Agenda.
It was Commissioner Davis's opinion that Item 12.C. was not a legal matter, therefore it
should be placed under Commissioners items when it comes back to the Board.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 28, 2007, AS
MEMORIAL DAY
Vice Chair Bowden read and presented the Proclamation to Larry Wapnik, President of the
Veterans Council on Aging. Mr. Wapnik presented poppies to each of the Commissioners.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING MAY 2007 AS
NATIONAL PRESERVATION MONTH
Commissioner Davis read and presented the Proclamation to Joel Tyson, who represents
the Indian River County Historical Society.
May 22, 2007 2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING MAY 2007, AS
ELDER LAW MONTH
Chairman Wheeler read the Proclamation. No one was present to receive the
Proclamation.
S.D. PRESENTATION OF PROCLAMATION DESIGNATING MAY 20-26, 2007
AS EMERGENCY MEDICAL SERVICES WEEK
Commissioner Flescher read and presented the Proclamation to Brian Burkeen, Assistant
Chief of Emergency Medical Services (EMS). Commissioner Flescher also presented a
Proclamation from Florida Governor Charlie Crist to Mr. Burkeen that observed May 23, 2007 as
Trauma Awareness Day and Emergency Medical Services for Children (EMSC) Day.
S.E. PRESENTATION OF INDIAN RIVER COUNTY AGRICULTURE
EXTENSION SERVICE STATUS REPORT BY CHRISTINE KELLY-BEGAZO,
COUNTY EXTENSION DIRECTOR
Director of Agriculture Extension Service Christine Kelly-Begazo complimented and
thanked Administrator Baird and General Services Manager Tom Frame, who have done an
excellent job in supporting and carrying out the extension service's local programs. She used a
PowerPoint presentation (on file) to provide a status report to the Board of the Cooperative
Agriculture Extension Service Program between the University of Florida and Indian River
County. She responded to questions from the Board.
Following comments made by Commissioner Davis regarding the Green County Initiative
Workshop, Ms. Kelly-Begaso mentioned that Janet Bargar, Water Quality Agent of the
Agricultural Extension Service, was going to attend the Workshop scheduled for May 29, 2007.
May 22, 2007 3
6. APPROVAL OF MINUTES
A. REGULAR MEETING OF MARCH 13, 2007
The Chairman asked if there were any corrections, deletions or additions to the Minutes of
the Regular Meeting of March 13, 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 13, 2007, as
written and distributed.
7. CONSENT AGENDA
Commissioner O'Bryan requested Item 7.D. be pulled for discussion.
7.A. APPROVAL OF WARRANTS APRIL 27, 2007 MAY 03, 2007 MAY4,
2007 - MAY 10, 2007
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of May 4, 2007 — May 10, 2007, as requested in
the memorandum of May 10, 2007.
7.B. RESIGNATION OF VERO BEACH REPRESENTATIVE APPOINTEE TO
THE METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY
COMMITTEE
The Board acknowledged the resignation of Mr. Jack Phillips, effective May 9,
2007 from the Metropolitan Planning Organization Citizens Advisory Committee, due to illness.
May 22, 2007 4
7.C. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID
#2007059 REHABILITATION OF LIFT STATIONS, 1, 164, 167, 168 SOUTH
COUNTY WWTF WASTEWATER DIVISION/UTILITIES DEPARTMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Bid be awarded to J&H Waterstop, Inc, as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid; approved
the attached 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 May 14, 2007.
7.D. AUTHORIZATION FOR SHERIFF TO OCCUPY AND USE THE FORMER
SUPERVISOR OF ELECTIONS MODULAR OFFICES
Commissioner O'Bryan wanted to know where the units would remain if they approved
the Sheriff s request to lease the units from the County, and he wanted to know what would
happen to the units at the end of that lease.
General Services Manager Tom Frame reviewed several options that the Board could
consider, as detailed in his memorandum of May 15, 2007. He advised against relocating the
May 22, 2007 5
structure because it was not cost effective. He discussed a leaseback option with G. E. Capital
Modular Service, advising that if the County was going to use it for any length of time, he
suggested they buy it. If they do not buy it, they should pull it out, which was what he originally
planned.
There was a lengthy discussion among the Commissioners regarding the options placed
before them.
Administrator Baird felt a 25% budget cut from the State would be severe, and was very
concerned with the money situation. He suggested postponing any decisions being made now
until they see what the State Legislature decides.
MOTION WAS MADE, by Commissioner O'Bryan,
SECONDED by Commissioner Davis for discussion, to
table this item until the State Legislature makes their
determination on property tax issues on June 22, 2007.
There was a question and answer period between Sheriff Raymond and the
Commissioners. Commissioner Davis wanted more time to visit with the Sheriff and get a first
hand tour before he made his decision.
Administrator Baird agreed and wanted to work with the Sheriff on options.
The Chairman CALLED THE QUESTION, and the
Motion carried.
May 22, 2007 6
7.E. RAMELL PROPERTIES, INC.'S REQUEST FOR FINAL PLAT APPROVAL
FOR THE BELLA TERRA SOUTH AFFIDAVIT OF EXEMPTION PROJECT
(QUASI -.JUDICIAL)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously granted final
plat approval for Bella Terra South, as requested in the
memorandum of May 15, 2007.
7.F. MISCELLANEOUS BUDGET AMENDMENT 018
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2007-051, amending the fiscal year 2006-2007
Budget.
7.G. RESOLUTONS TO PROVIDE FOR THE PAVING AND DRAINAGE
IMPROVEMENTS TO AND SET PUBLIC HEARING DATE FOR: 10TH COURT SW
FROM 9TH STREET SW (OSLO ROAD) TO 7TH STREET SW AND THE
INTERSECTING STREETS IN OSLO PARK SUBDIVISION, IRC PROJECT NO. 0436
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2007-052, providing for certain paving and
drainage improvements to 10th Court SW from 9th Street
SW (Oslo Road) to 7th Street SW, including the intersecting
streets in Oslo Park Subdivision, providing the total
May 22, 2007 7
estimated cost, method of payment of assessments, number
of annual installments, and legal description of the area
specifically benefited; and approved Resolution 2007-053,
setting a time and place at which the owners of property on
10th Court SW from 9th Street SW (Oslo Road) to 7th Street
SW including the intersecting streets in Oslo Park
Subdivision, County project #0436 and other interested
persons may appear before the Board of County
Commissioners and be heard as to the propriety and
advisability of making paving and drainage improvements
to said property as to the cost thereof, as to the manner of
payment therefor, and as to the amount thereof to be
specifically assessed against each property benefited
thereby.
7.H. MICHAEL CREEK SUBDIVISION DEVELOPER'S AGREEMENT FOR
DEVELOPER CONTRIBUTIONS TO INTERSECTION IMPROVEMENTS AT THE
INTERSECTION OF SR 510 AND US 1
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Alternative No. 1, approving the Developer's Agreement,
as recommended in the memorandum of May 14, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE BOARD
May 22, 2007 8
7.1. ACCEPTANCE OF CHANGE ORDER No. 10, NEW COUNTY
EMERGENCY OPERATIONS CENTER
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order #10 and authorized the Chairman to execute
the Change Order, as recommended in the memorandum of
May 14, 2007.
CHANGE ORDER NO. 010 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.J ACCEPTANCE OF CHANGE ORDER No. 11, NEW COUNTY
EMERGENCY OPERATIONS CENTER
Chairman Wheeler requested Item 7. J. be deleted from the agenda.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously made the
above change to the Agenda.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
8.A. INDIAN RIVER COUNTY SHERIFF — Roy RAYMOND
2007 CRITICAL INFRASTRUCTURE PROJECT
The Board noted for the record, the information as stated in the letter from Sheriff
Raymond dated May 9, 2007.
May 22, 2007 9
NO ACTION TAKEN OR REQUIRED.
9. PUBLIC ITEMS
9.A.1. PUBLIC HEARING
27TH DRIVE PETITION WATER SERVICE (NORTH OF 4TH STREET)
INDIAN RIVER COUNTY PROJECT NO. UCP -2906
RESOLUTION IH (ADMINISTRATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Manager of Assessment Projects Dan Chastain presented this item to the Board.
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 approved
Resolution 2007-054, confirming the special assessments
in connection with water main expansion along 27th Drive
North of 4th Street in Indian River County, Florida; and
providing for special assessment liens to be made of record.
9.B. PUBLIC DISCUSSION ITEMS
May 22, 2007 10
9.B. 1. REQUEST TO SPEAK FROM JOSEPH PALADIN, BOARD OF DIRECTORS,
GIFFORD YOUTH ACTIVITY CENTER, REGARDING COUNTY FUNDS FOR
GIFFORD YOUTH ACTIVITY CENTER
Joseph Paladin, Atlantic Coast Construction, wanted to give a few facts regarding the
Gifford Youth Activity Center, because it is an area that is going to affect us. He provided
statistics indicating 100% success rate of the Children's Achievement Program (CAP), pointing
out they do not have a lack of kids, but a lack of funds to take care of those kids. He asked the
Board to find a way to provide funds to help them.
John Dean, Chairman of the Board at the Gifford Youth Center, asked the Board for their
continued commitment to work with them.
Michael Hubler, 1515 Compass Point Circle, Executive Director of the Gifford Youth
Center, handout out a PowerPoint presentation and made his presentation to the Board regarding
the Center. Chairman Wheeler interrupted the presentation, apologized and advised that Mr.
Hubler needed to follow proper procedure and take his presentation to the Children Services
Committee. Commissioner O'Bryan, liaison to the Children Services Committee agreed.
Discussion ensued among the Commissioners regarding budget cuts and how it would
affect non-profit organizations.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS
9.C. 1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR JUNE 5, 2007
May 22, 2007 11
9. C I.A. CONSIDERATION OF PROPOSED AMENDMENTS TO SECTION 9I3. I0.2
OF THE CODE OF INDIAN RIVER COUNTY TO LOWER THE RATING ON BONDS
SECURING WARRANTY OF SUBDIVISION IMPROVEMENTS (COUNTY INITIATED)
(LEGISLATIVE)
9. C I.B. CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 972 OF
THE CODE OF INDIAN RIVER COUNTY TO LIMIT TEMPORARY VEHICLE SALES
LOCATIONS (COUNTYINITIATED)(LEGISLATIVE)
9. C 1.0 INDIAN RIVER COUNTY PETITION FOR CLOSING, ABANDONMENT,
AND VACATION OFA 3' STRIP OF MOORING LINE DRIVE ADJACENT TO LOT 138
OF THE MOORINGS SUBDIVISION (LEGISLATIVE)
9.C.2. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR JUNE 5, 2007
MEADOWLARK WOODS PETITION WATER SERVICE (6I ST AVENUE NORTH OF
4187 STREET), INDIAN RIVER COUNTY PROJECT NO. UCP -2324
(ADMINISTRATIVE)
9.C.3. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR JUNE 5, 2007
ADOPTION OF AN ORDINANCE CONTAINING A NEW ELECTRIC FRANCHISE
AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY (LEGISLATIVE)
The Chairman read the notices into the record.
May 22, 2007 12
(CLERK'S NOTE: The Chairman called for a recess at 10:27 a.m. and he reconvened the
meeting at 10:42 a.m. with all members present.
10. COUNTY ADMINISTRATOR'S MATTERS - NONE
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT — NONE
11.B. EMERGENCY SERVICES - NONE
11.C. GENERAL SERVICES - NONE
11.D. HUMAN RESOURCES - NONE
11.E. HUMAN SERVICES - NONE
11.F. LEISURE SERVICES - NONE
//.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION- NONE
11.1. PUBLIC WORKS - NONE
11.J. UTILITIES SERVICES
May 22, 2007 13
11. J.1. DASIE HOPE CENTER/DOUGLAS SCHOOL PRIVATE LIFT STATION
AND FORCE MAIN, APPROVAL OF WORK AUTHORIZATION DIRECTIVE No.
2007-003, UCP No. 2940, WIP No. 472-169000-07514
Utilities Director Erik Olson presented this item to the Board stating that the
purpose is to install a lift station and take away the septic tank at Dasie Hope Center/Douglas
School.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the project at a total cost of $81,204.50 and authorized the
Chairman to execute Work Authorization Directive No.
2007-003 to the Utilities Department Labor Contractor
Underground Utilities, Inc. authorizing payment to him of
up to $51,964.64, as recommended in the memorandum of
May 10, 2007.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11..12. SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT,
PROFESSIONAL SERVICES BYKIMLEY-HORN & ASSOCIATES, INC. (KHA) FOR
UPGRADES AND MODIFICATIONS TO RESTORE CAPACITY — WORK ORDER No.
14 AMENDMENT No. 1
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved (a)
Amendment 1 to Work Order No. 14 to Kimley-Horn &
Associates, Inc. in the amount of $27,640.00 — not to
May 22, 2007 14
exceed, for Professional Services related to South RO Plant
Upgrades and Modifications to Restore Capacity; and (b)
authorized the Chairman to execute Amendment No. 1 to
Work Order No. 14, as recommended in the memorandum
of May 7, 2007.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY MATTERS
12.A. RESPONDING RESOLUTION UNDER PART II OF CHAPTER 171,
FLORIDA STATUTES —INTERLOCAL SERVICE BOUNDARY AGEEMENTS
County Attorney William Collins, II, read his memorandum dated May 14, 2007
explaining that the City of Fellsmere initiated a Resolution under Chapter 171 of the Florida
Statutes that allows Interlocal Service Boundary Agreements to be negotiated. He prepared a
responding resolution for Board approval that identified the issues to be involved in the
discussions, which showed the entire incorporated and unincorporated areas of Indian River
County as the areas subject to discussion and negotiation on the interlocal agreements on
annexations and/or service issues.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-055, identifying additional land areas and
designating additional issues for negotiation pursuant to
section 171.203(2) of the Interlocal Service Boundary
Agreement Act codified at Florida Statutes Section 171.20
et. seq.
May 22, 2007 15
12.B. "STAND DOWN RESOLUTION" (INTERLOCAL AGREEMENT)
Attorney Collins related that a group of City Mayors proposed a "stand down resolution"
that is really an Interlocal Agreement between the County and all the Municipalities as an option
to Charter Government, whereby all parties would agree that there would be no annexations,
increase in density, or increase in heights for a 1 -year period during which the interlocal
agreements were being negotiated. In that "stand down agreement", Fellsmere has excluded any
applications for annexation and the County has the right to challenge those applications. Any
change to these restrictions would only be changed by a super majority vote of all the parties to the
agreement. This does not apply to lands for which annexation petitions were submitted before
May 1, nor does it preclude any party from bringing a challenge to the annexation, or related
Comprehensive Plan amendments. He concluded, stating that the idea was to maintain the status
quo and give all the local governments a chance to work on the interlocal agreements that they
were discussing in the prior resolution.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis for discussion, to
approve the "stand down resolution"/Interlocal Agreement
as an interim step towards implementing interlocal
agreements on annexation.
Discussion ensued by Vice Chair Bowden, regarding the Chairman having been voted as
their "point person" at a prior meeting. Attorney Collins felt staff received direction from the full
Commission to work with staff of the other cities to go forward, and was hopeful that these
meetings would give them direction on major policy issues. He was not under the impression that
there was a "point person".
Jason Nunemaker, City Manager of Fellsmere, advised that his Council members were
concerned with the applicability of this agreement and did not approve it.
May 22, 2007 16
Attorney Collins stated that the restrictions are primarily agreements the cities put
together, and they felt it would take 12 months to enter into these agreements.
Chairman Wheeler would not support the agreement as long as it had the clause that ends
the 1 -year agreement which states, "This ceases to exist if we have a first reading of the Home
Rule Charter Ordinance, and also if the negotiation of the urban service boundary is stopped." He
felt this agreement places the County at a tremendous disadvantage. He wanted everyone to
understand that the 20,000 acres to be annexed by Fellsmere were not on the table for negotiation,
and if that continues, it stops the County from doing anything, and completely limits their option
to move forward with Charter Government.
Attorney Collins related that this was the provision inserted at the request of the Town of
Orchid in the event the County schedules a public hearing on Charter; it would allow them to get
out of the 1 -year "stand down agreement".
Chairman Wheeler felt it was a big mistake to close the public out. He believed it was very
important and this position takes the public out of the process.
Mr. Nunemaker disagreed saying that Fellsmere's ultimate goal was to find common
grounds, taking in all the goals (preservation), and setting aside areas to meet those goals. He said
they would not take any steps to annex until everyone was in agreement to proceed.
Chairman Wheeler reiterated his support of the agreement if they remove the "one-year"
clause and discussion ensued among the Commissioners regarding the "one-year" clause.
Vice Chair Bowden wanted to move forward.
May 22, 2007 17
Commissioner O'Bryan opposed the Motion because it takes away their ability to have a
public hearing.
The Chairman CALLED THE QUESTION and the Motion
carried, by a 3-2 vote (Commissioner O'Bryan and
Chairman Wheeler opposed). The Board approved to use
the "Stand Down Resolution"/Interlocal Agreement as an
interim step toward implementing more fully developed
interlocal agreements on annexations.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. C AUTHORIZATION TO CHALLENGE PENDING FELLSMERE
ANNEXATIONS
Chairman Wheeler requested Item 12.C., an authorization to challenge pending
Fellsmere annexations be deleted until after their joint meeting with Fellsmere.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously deleted
Item 12.C. from the Agenda.
It was Commissioner Davis's opinion that Item 12.C. was not a legal matter, therefore it
should be placed under Commissioners items when it comes back to the Board.
Chairman Wheeler requested that this item be brought back under his items (Item 13.A.).
13. COMMISSIONER ITEMS
May 22, 2007 18
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
13.B. COMMISSIONER SANDRA L. BoWDEN. VICE CHAIR - NONE
13. C COMMISSIONER WESLEY S. DAVIS - NONE
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
13.E. COMMISSIONER PETER D. O'BRYAN
1. UPDATE ON ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT
LAND SWAP WITH CORRIGAN FAMILY
Commissioner O'Bryan provided a brief update stating that SJRWMD postponed their
vote on the land swap until June 12th. He advised that they are looking at June 6, 2007 to hold a
workshop to give the public a chance to hear more about the land swap.
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment, the Board would reconvene
as the Board of Commissioners of the Emergency Services District. Those Minutes are being
prepared separately and appended to this document.
1. APPROVAL OF MINUTES OF REGULAR MEETING OF MARCH 13, 2007
2. APPROVAL OF MODIFICATION #1 TO GRANT AGREEMENT
06 -DS -3 W-10-40-01-277
May 22, 2007 19
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency Services
District Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are being prepared separately and appended to this document.
14.B.1. APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 20,
2007
14.B.2. APPROVAL OF MINUTES OF REGULAR MEETING OF APRIL 3, 2007
14.B.3. APPROVAL OF BID AWARD FOR IRC BID #2007063, 20 CUBIC YARD
ROLL OFF CONTAINERS/UTILITIES DEPARTMENT/SOLID WASTE DISPOSAL
DISTRICT
14. C ENVIRONMENTAL CONTROL BOARD - NONE
15. ADJOURNMENT
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 11:20 a.m.
May 22, 2007 20
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/MIS/2007Minutes
May 22, 2007 21