HomeMy WebLinkAbout05/06/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
Of MAY 6, 2008
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
S.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 13, 2008 AND INDIAN
RIVER GENEALOGICAL SOCIETY DAY 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY, 2008,
AS NATIONAL HISTORIC PRESERVATION MONTH 2
6. APPROVAL OF MINUTES -NONE 2
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION -NONE 2
8. CONSENT AGENDA 3
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May 6, 2008
B.A. APPROVAL OF WARRANTS - APRIL 18, 2008 THRUAPRIL 24, 2008 3
B.B. AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) APPOINTMENTS 3
8.C. RIGHT -OF -FIRST REFUSAL FOR CONSERVATION LANDS RESOLUTION 4
B.D. PROCLAMATION HONORING CAPTAIN GERALD RESCH ON HIS RETIREMENT
FROMINDL4NRIVER COUNTY FIRE RESCUE 4
8.E. BIO DIESEL 4
8.F. APPROVAL OFBID AWARD FOR IRCBID No. 2008037, SR 60 UTILITY
IMPROVEMENTS -INDIAN CREEK BLVD TO 66TH AVE, WIP No. 471-23536-
044699-08503, UCP No. 3026 5
8.G. APPROVAL OF RESOLUTION ADOPTING THE 2008 INDIAN RIVER COUNTY
EMERGENCY PLAN FOR HAZARDOUS MATERIALS 5
B.H. APPROVAL OF RENEWAL FOR A CLASS "El" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ACTS, INDIAN RIVER ESTATES, TO
PROVIDE WHEELCHAIR SERVICES 6
8.L APPROVAL OF RENEWAL FOR A CLASS "El" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR HEALTHSOUTH TREASURE COAST
REHABILITATION HOSPITAL, TO PROVIDE WHEELCHAIR AND COMFORT
STRETCHER SERVICES 6
B.J. RIGHT-OF-WAY ACQUISITION & EXCHANGE, 66THAVENUE- COUNTYROAD
PROJECT #0370, 3705 66THAVENUE, NORTHWEST CORNER OF37THSTREET
AND 66THAVENUE, CHRISTOPHER P. AND CHARLENE W. SCHLITT, OWNERS 7
8.K. RIGHT-OF-WAY ACQUISITION, 8511 64TH COURT, CR51O PROJECT #0610 (ON
THE NORTH SIDE OF CR510 BETWEEN 58THAVENUEAND 66TH AVENUE),
JAMES BRADLEY, JR. 7
B.L. RIGHT-OF-WAY ACQUISITION FOR CR 510, COUNTYROAD PROJECT #0610,
PROPERTY: FULL TAKE: 6420 8171STREET(CR 510), NORTH SIDE OF CR 510,
WEST OF 64THAVENUE, OWNED BY EARTH ACQUISITIONS, LLC 8
B.M. RIGHT-OF-WAY ACQUISITION FOR CR 510, PROJECT #0610, 8465 85TH
STREET, (LOCATED ON THE NORTH-WEST CORNER OF 64THAVENUEAND 85TH
STREET AKA COUNTYROAD 510), OWNERS: GEORGE HEMMINGS, SR. AND
LORENZO C. HEMMINGS 8
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May 6, 2008
8.N. HEALTH INSURANCE SUBSIDY POLICY FOR RETIREES -REQUEST TO ALLOW
EMPLOYEES RETIRING BY JANUARY 31, 2009, TO PRESERVE THEIR SUBSIDY
UNDER THE CURRENT POLICY 9
8.0. OFFICE SPACE FOR REGIONAL COUNSEL DISTRICT 4 9
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE 10
10. PUBLIC ITEMS 11
10.A. PUBLIC HEARINGS 11
10.A.1. QUAIL RIDGE OF VERO BEACHLLC'S REQUEST TO AMEND THE
TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN TO REMOVE
SEGMENTS OF 61ST AND 65TH STREETS, BETWEEN 74TH AVENUE AND
INTERSTATE 95, FROM THE COUNTY'S EXTENDED ROADWAY GRID MAP
(LEGISLATIVE) 11
10.A.2. CONTINUED FROM APRIL 29, 2008: CONSIDERATION OF HARRY TANNER'S
REQUEST TO FORMALLY DESIGNATE A 1.3 MILE SEGMENT OF OLD DIXIE
HIGHWAY SOUTH OF CR 512 ASA HISTORIC ROAD (QUASI-JUDICIAL) 13
10.B. PUBLIC DISCUSSION ITEMS 19
10.B.1. REQUEST TO SPEAK FROM DR. STEPHEN J. FAHERTY, SR. RE: VERO BEACH
ELECTRIC UTILITY 19
10.C. PUBLIC NOTICE ITEMS 22
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING MAY 13, 2008: 22
CONSIDERATION TO APPROVE CONSERVATION EASEMENT 22
R ELATING TO EXPENDITURE OF ENVIRONMENTAL LAND BOND FUNDS FOR
THE CITY OF FELLSMERE'S FLORIDA COMMUNITIES TRUST GRANT PROJECT
KNOWN AS "FELLSMERE TRAILHEAD PRESERVE." 22
11. COUNTY ADMINISTRATOR'S MATTERS -NONE 22
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May 6, 2008
12. DEPARTMENTAL MATTERS 22
12.A. COMMUNITY DEVELOPMENT -NONE 22
12.B. EMERGENCY SERVICES -NONE 22
12.C. GENERAL SERVICES -NONE 22
12.D. HUMAN RESOURCES -NONE 22
12.E. HUMAN SERVICES -NONE 22
12.F. LEISURE SERVICES -NONE 22
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 23
12.H. RECREATION -NONE 23
12.L PUBLIC WORKS -NONE 23
12.J. UTILITIES SERVICES 23
12..11. CONSULTING SERVICES AMENDMENT 2 TO WORK ORDER No. 5 WITH POST,
BUCKLEY, SCHVE SCHUHAND JERNIGAN (PBS&J) FOR PERMITTING, DESIGN
AND CONSTRUCTION SERVICES FOR THE WEST REGIONAL WASTEWATER
TREATMENT PLANT EXPANSION UCP -2621 23
12.J.2. SHELTRA AND SONS CONSTRUCTION, INC. - CHANGE ORDER 2, VERO LAKE
ESTATES MASTER PLANNED WATER MAIN - PHASE I - UCP 2958 24
13. COUNTY ATTORNEY MATTERS -NONE 24
14. COMMISSIONER ITEMS 24
14.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -NONE 24
14.B. COMMISSIONER WESLEY$. DAVIS, VICE CHAIRMAN -NONE 24
14. C COMMISSIONER JOSEPH E. FLESCHER-NONE 24
14.D. COMMISSIONER PETER D. O'BRYAN-NONE 24
14.E. COMMISSIONER GARY C. WHEELER -NONE 25
15. SPECIAL DISTRICTS AND BOARDS 25
15.A. EMERGENCY SERVICES DISTRICT -NONE 25
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 25
15. C ENVIRONMENTAL CONTROL BOARD 25
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May 6, 2008
15. C 1. APPROVAL OF MINUTES MEETING OF FEBRUARY 5, 2008 25
15.C.2. APPROVAL OF MINUTES MEETING OF FEBRUARY 12, 2008 25
15.C.3. REPORT OF ACTIVITIES DURING FIRST QUARTER (JANUARY THROUGH
MARCH, 2008) 25
16. ADJOURNMENT 26
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May 6, 2008
May 6, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th St., Vero Beach, Florida, on
Tuesday, May 6, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley S.
Davis, and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Public Works Director Jim Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O'Bryan led the Pledge of Allegiance to the Flag.
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May 6, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 13, 2008 AND
INDIAN RIVER GENEALOGICAL SOCIETY DAY
Chairman Bowden read and presented the Proclamation to the following officers of
the Indian River Genealogical Society: Pete Kersey, President; Suzy Bromwell, Public Relations;
Pam Cooper, Editorial; and Jim Runnels, Vice President.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
MA172 2008, AS NATIONAL HISTORIC PRESERVATION MONTH
Commissioner Flescher read and presented the proclamation to Arlene Fletcher,
President, and Beverly Tyson, Executive Director, of the Indian River Historical Society who
extended thanks to the Commissioners, and to the Society's staff, Board Members, and
volunteers.
6. APPROVAL OF MINUTES -NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION -NONE
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May 6, 2008
8. CONSENT AGENDA
Attorney Collins asked to pull Item 8.0. for discussion.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Consent Agenda as amended.
8.A. APPROVAL OF WARRANTS - APRIL 18, 2008 THRUAPRIL 24, 2008
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for the time period of April 18, 2008 to April 24,
2008, as requested in the memorandum dated April 24,
2008.
8.B. AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC)
APPOINTMENTS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved to appoint to the AHAC: (1) the voting members
Frank (Pete) Clements; Mary Cone; Greg Amaral;
Julianne Price; Alan Green; Andy Bowler; Mark Seeberg;
Gerald Weick; Reverend Sylvester McIntosh; Penny
Chandler; Donald R. Hart, Sr.; Joel Tyson; Al Minner;
Ken Daige; William "Bill" Ahrens; and Deb Branwell;
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May 6, 2008
and (2) a non-voting member from the Board of County
Commissioners, as presented and recommended in the
memorandum of April 29, 2008.
8.C. RIGHT -OF -FIRST REFUSAL FOR CONSERVATION LANDS RESOLUTION
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Resolution 2008-049, requesting that the State
revise its procedure for disposing of conservation lands.
8.D. PROCLAMATION HONORING CAPTAIN GERALD RESCH ON HIS
RETIREMENT FROM INDIAN RIVER COUNTY FIRE RESCUE
The Board noted, for the record, the Proclamation
honoring Captain Gerald Resch.
8.E. BIO -DIESEL
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
authorized staff to buy either low sulfur diesel or B20 bio -
diesel based on which fuel type is the less expensive at the
time it needs to be purchased, as recommended in the
memorandum of April 29, 2008.
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May 6, 2008
8.F. APPROVAL OF BID AWARD FOR IRC BID No. 2008037, SR 60 UTILITY
IMPROVEMENTS -INDIAN CREEK BLVD TO 66TH AVE, WIP No. 471-
23536-044699-08503, UCP No. 3026
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved: (1) the Bid Award to Expertech Network
Installation as the lowest most responsive and responsible
bidder meeting the specifications as set forth in the
Invitation to Bid; (2) the Sample Agreement; and (3)
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 of April 28, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. APPROVAL OF RESOL UTIONADOPTING THE 2008 INDIAN RIVER
COUNTY EMERGENCY PLAN FOR HAZARDOUS MATERIALS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Resolution 2008-050, approving the Indian
River County Hazardous Materials Emergency Plan.
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May 6, 2008
8.H. APPROVAL OF RENEWAL FORA CLASS "El" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ACTS, INDIAN RIVER ESTATES,
TO PROVIDE WHEELCHAIR SERVICES
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved renewal of the Class "El" Certificate of Public
Convenience and Necessity for ACTS, Indian River
Estates, to be effective for a period of two (2) years from
May 7, 2008, to May 7, 2010, as recommended in the
memorandum of April 18, 2008.
COPY OF CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. APPROVAL OF RENEWAL FORA CLASS "El" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR HEALTHSOUTH TREASURE COAST
REHABILITATION HOSPITAL, TO PROVIDE WHEELCHAIR AND
COMFORT STRETCHER SERVICES
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved renewal of the Class "El" Certificate of Public
Convenience and Necessity for HealthSouth Treasure
Coast Rehabilitation Hospital, to be effective for a period
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May 6, 2008
of two (2) years from May 16, 2008, to May 16, 2010, as
recommended in the memorandum of April 28, 2008.
COPY OF CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. RIGHT-OF-WAY ACQUISITION & EXCHANGE, 66THAVENUE— COUNTY
ROAD PROJECT #0370, 3705 66THAVENUE, NORTHWEST CORNER OF
37TH STREET AND 66TH AVENUE, CHRISTOPHER P. AND CHARLENE W.
SCHLITT, OWNERS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Resolution 2008-051, approving an exchange of
land with Christopher P. and Charlene W. Schlitt.
DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. RIGHT-OF-WAY ACQUISITION, 8511 64TH COURT, CR510 PROJECT
#0610 (ON THE NORTH SIDE OF CR51O BETWEEN 58TH AVENUE AND
66TH AVENUE), JAMES BRADLEY, JR.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Option 1, the purchase of the needed right-of-
way at a price of $15,000.00, and authorized the Chairman
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May 6, 2008
to execute the Purchase and Sale Agreement as
recommended in the memorandum of April 25, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. RIGHT-OF-WAY ACQUISITION FOR CR 510, COUNTY ROAD PROJECT
#0610, PROPERTY: FULL TAKE: 6420 8TH STREET (CR 510), NORTH
SIDE OF CR 510, WEST OF 64TH AVENUE, OWNED BY EARTH
ACQUISITIONS, LLC
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Alternative 1, the purchase of the entire property
located at 6420 85th Street (CR 510) for $40,000.00, and
authorized the Chairman to sign the Purchase Agreement
with Earth Acquisitions, Inc., as recommended in the
memorandum of April 25, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
S.M. RIGHT-OF-WAY ACQUISITION FOR CR 510, PROJECT #0610, 8465
85TH STREET, (LOCATED ON THE NORTH-WEST CORNER OF 64TH
AVENUE AND 85TH STREET AKA COUNTY ROAD 510), OWNERS:
GEORGE HEMMINGS, SR. AND LORENZO C. HEMMINGS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
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May 6, 2008
approved Option 1, the purchase of the needed right-of-
way located at 8465 85th Street, at a price of $19,588.87,
and authorized the Chairman to execute the Purchase and
Sale Agreement with George Hemmings, Sr. and Lorenzo
C. Hemmings, as recommended in the memorandum of
April 24, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. HEALTH INSURANCE SUBSIDY POLICY FOR RETIREES — REQUEST TO
ALLOW EMPLOYEES RETIRING BY JANUARY 31, 2009, TO PRESERVE
THEIR SUBSIDY UNDER THE CURRENT POLICY
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved allowing employees to preserve their rights
under the current subsidy policy if they notify the Human
Resources Department by May 31, 2008, of their intent to
retire by January 31, 2009, as recommended in the
memorandum of April 29, 2008.
8.0. OFFICE SPACE FOR REGIONAL COUNSEL DISTRICT 4
County Attorney William Collins gave an overview of this item, regarding a new
unfunded State mandate for counties to provide office space for the Regional Counsel District 4.
He related that the Florida Association of Counties felt this was an attempt by the State to shift
some of the court costs back to the Counties (who had funded them prior to the
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May 6, 2008
Article 7 Amendment), and they were proposing to sue the State. Attorney Collins inquired
whether our County wanted to join in the suit. He clarified that he was not disputing staff's
recommendation to provide office space for the Counsel at 2155 15th Avenue, but wanted to
include a provision for release from the lease, if County funding for the space is determined to be
unconstitutional.
Vice Chairman Davis was not ready to decide on the lease or the lawsuit.
MOTION WAS MADE by Commissioner Wheeler to join
with the Florida Association of Counties in the lawsuit to
challenge the State's unfunded mandate. Motion DIED
for lack of a second.
Commissioner O'Bryan supported Commissioner Wheeler's intention, but felt that
more information was needed.
There was a Board Consensus to direct Attorney Collins to
obtain more information and bring this item back to the
next Board of County Commission meeting.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
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May 6, 2008
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. QUAIL RIDGE OF VERO BEACHLLC'S REQUEST TO AMEND THE
TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN TO
REMOVE SEGMENTS OF 61ST AND 65THSTREETS, BETWEEN 74TH
AVENUE AND INTERSTATE 95, FROM THE COUNTY'S EXTENDED
ROADWAY GRID MAP (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating, through a PowerPoint
Presentation, recapped the backup memorandum of April 22, 2008, providing information on
Quail Ridge of Vero Beach LLC's request to remove segments of 61st and 65th Streets (between
74th Avenue and Interstate 95) from the Extended Roadway Grid Map to eliminate future roads
that, if built, would bisect the proposed Quail Ridge project. Director Keating briefed the Board
on the changes which have occurred in the County's roadway grid from 1998 to the present;
provided details on the Comprehensive Plan; and outlined the Comprehensive Plan Amendment
process. He thereafter advised that today's "transmittal public hearing" was for the Board to
decide whether or not to approve the Planning and Zoning Commission (PZC) and staff's
recommendations to submit the Amendment of the Transportation Element of the
Comprehensive Plan to the Department of Community Affairs (DCA) for review.
Director Keating stated that Dan Corrigan (who owns property to the west of I-95),
had asked that the segment of roadway at 61st Street from 90th Avenue to I-95 be left in the
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May 6, 2008
County's Extended Roadway Grid Map, and inquired if the Board wanted to consider Mr.
Corrigan's request.
Commissioner O'Bryan felt that even if the property at 61st Street was retained on
the Roadway Grid Map, there would be a slim chance of the County building a road there.
Vice Chairman Davis noted that it did not make sense to try to line up two
drainage districts with roads, and had no problem with leaving 61st Street on the Grid Map.
The Chairman opened the public hearing.
Dan Corrigan, 525 Iris Lane, wanted to have the section of roadway from 90th
Ave. west to I-95 left in the Comprehensive Plan.
Scott McGuire, 80 Royal Palm Pointe, representing Quail Ridge, thanked staff &
the Planning and Zoning Commission for their recommendation, and urged the Board to follow
the recommendation. He declared that he had no problem with leaving in the portion of roadway
west of 90th Ave.
There were no additional speakers and the Chairman closed the public hearing.
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May 6, 2008
On Vice Chairman Davis's suggestion, the Board consented to amend staff's
recommendation to include the retention of the section of roadway on 61st Street west of 90th
Avenue to Interstate 95.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-052, as amended to include the retention
of the section of roadway on 61st Street west of 90th
Avenue to Interstate 95 in the Extended Roadway Grid
Map, approving the transmittal of a proposed Indian River
County Comprehensive Plan Amendment to the
Transportation Element to the State of Florida Department
of Community Affairs.
10.A.2. CONTINUED FROM APRIL 29, 2008: CONSIDERATION OF HARRY
TANNER'S REQUEST TO FORMALLY DESIGNATE A 1.3 MILE SEGMENT
OF OLD DIXIE HIGHWAY SOUTH OF CR 512 ASA HISTORIC ROAD
(QUASI -.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Chief of Environmental Planning Roland DeBlois, through a PowerPoint
presentation, recapped the backup memorandum of April 21, 2008, providing a history of Mr.
Harry Tanner's request to designate a segment of Old Dixie Highway as a Historic Road. Chief
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May 6, 2008
DeBlois conveyed that on December 18, 2007, the Board had voted to delay action on Mr.
Tanner's petition pending further review from the Historic Resources Advisory Committee
(HRAC), feedback by adjacent landowner George Maib, and a study by the County Surveyor to
determine if the road segment was part of the original Dixie Highway. Subsequent to that time,
the HRAC completed its review of researched information and is bringing back to the Board the
proposal to designate the 1.3 mile Old Dixie segment as a historic road, with the following
recommendations:
• That the Board formally designate the 1.3 mile Old Dixie segment as a
historic road
• That the Board allow alteration to the 1.3 mile Old Dixie segment for
traffic safety and private property access reasons, providing any such
alterations are reviewed in the interest of minimizing adverse impacts to the
historic integrity of the road
• That the formal historic designation of the 1.3 mile Old Dixie road segment
not go into effect until a corridor management plan with design criteria is
established after due process and public input
Chief DeBlois outlined what the five criteria were for designating a Historic Road,
and said the basis of this issue was whether the 1.3 mile segment of the roadway was part of the
alignment of the original Dixie Highway. He conveyed that the surveyor, Carter Associates, had
determined that the subject roadway was historic; however, Mr. Maib believed that there was
insufficient evidence to support that conclusion.
Chief DeBlois reviewed the Board's alternatives (outlined on page 217 of the
backup) in considering Mr. Tanner's petition, and pointed out that Mr. Tanner has documented
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May 6, 2008
that the HRAC's allowance of alterations to the roadway veers from the original petition. Chief
DeBlois thereafter presented staff's recommendation: To conceptually approve future
designation of the road segment as a historic road pending County development of a
management plan with specific criteria that balances historic preservation and private property
access rights.
The Chairman opened the public hearing.
Harry Tanner, 517 Belfast Terrace, Sebastian, talked about the history and
significance of the Old Dixie Highway. He then described the area as it is today, and dispensed
information regarding some of the historic homes surrounding the roadway. Mr. Tanner urged
the Board to preserve the County's historic resources and give the historic designation to this
portion of Old Dixie Highway.
Richard Maerz, 13275 North Indian River Dr., Sebastian, speaking on behalf of
Sebastian Industrial Park, related that he and some of the other property owners living along Old
Dixie, within the Sebastian City Limit, had not received notice of today's public hearing, even
though he had been told by the Commission and Legal offices that such notice would be
provided thirty days prior to the hearing. Mr. Maerz asked the Commission to recognize that
some of the property owners had been excluded, and to enforce the statutory rights of the citizens
to be given notice.
County Attorney William Collins explained that he had been told by staff that
notice had been provided; he then discovered, after a call from Mr. Maerz, that staff had felt that
the property owners within the Sebastian City limits would not be affected by the County's
ruling, as the original petition was focused on the unincorporated County. Attorney Collins
recommended that the Board delay any formal designation to a future date when notice could be
provided to all affected residents.
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May 6, 2008
The Commissioners apologized both to the citizens who had not received notice,
and to the citizens who came to today's meeting, and who might have to return. Discussion
ensued between the Board and staff regarding the dilemma of whether to continue with today's
hearing or whether to inconvenience those residents who were present today and might have to
return; and the importance of providing notice to all the affected residents.
Attorney Collins reiterated his legal opinion regarding this situation, and declared
that ANYONE owning property along the 1.3 mile section of Old Dixie Highway was entitled to
be notified. He stated that those residents in attendance today could provide input, but a final
determination needed to be deferred until proper notice to everyone had been provided.
Teresa Bryant, 1759 Highland Ave., Melbourne, expressed her dismay at having
taken time off from work two times; once, for the last public hearing (which ended up being
postponed); then today, with the prospect that today's hearing might be postponed as well.
Larry Close, 1955 Anglers Cove, suggested that the Board allow those who are
present today to address the issue, then to withhold final action until those who were not properly
noticed could come and present their case.
Mr. Geoffrey Smith, Esquire, Tallahassee, began his remarks but was asked to
delay them until technical difficulties (affecting the sound system) could be resolved.
The Chairman called a recess at 10:09 a.m., and reconvened the meeting at 10:25
a.m. Commissioner Flescher rejoined the meeting at 10:26 a.m.
Mr. Geoffrey Smith, Esquire, Tallahassee, Smith and Associates, and
representing George Maib, spoke about the procedural error which had occurred in the notice
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May 6, 2008
requirement; discussed Mr. Tanner's withdrawal of his petition (copy on file) subsequent to
denial of his original petition by the HRAC; and disputed the idea of staff's recommendation of a
"conceptual" approval. He urged the Commissioners to dismiss today's hearing until such time
that proper notice could be given to all of the property owners, and the Board could come
forward with a full plan disclosing the impacts to affected property owners.
Attorney Collins detailed the circumstances of Mr. Tanner's request to be
disassociated from the petition. He explained that consideration of the historical designation for
Old Dixie Highway could proceed, even though the HRAC had come to a different conclusion
than was requested by Mr. Tanner.
Mr. Tanner explained that he had withdrawn his petition as a result of changes to
his recommendations by the HRAC. He declared that the petition which is currently before the
Commission is from the HRAC, and the change should be reflected on the Agenda.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, for discussion,
to close the public hearing and provide re -notice and re -
notification of a future meeting to be held at a date
determined by staff.
Chairman Bowden sought and received confirmation from Attorney Collins that
there was precedent for the Board to lawfully continue with today's public hearing. She wanted
to proceed with today's hearing, with subsequent re -notice of the next hearing issued to all of the
property owners.
Betty McGuigan, 11325 Old Dixie Highway, owner of a Mobile Home Park
situated therein, established that on behalf of the people who reside on the Road, she had
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May 6, 2008
presented a petition supporting the historic designation. She was concerned about taking time
off from work for each of the hearings, and informed the Board that she would be unable to
attend if the subsequent hearing was scheduled in June.
The Board continued to discuss whether or not to continue with the pubic hearing,
and once again apologized to the residents who were in attendance, and to those who had not
received notice of the hearing.
Administrator Baird inquired whether the item should be placed on the Agenda as
"Consideration of Human Resources Advisory Committee's Recommendation to Formally
Designate a 1.3 mile Segment of Old Dixie Highway South of CR 512 as a Historic Road", and
this was validated by Attorney Collins.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved by a 4-
1 vote (Chairman Bowden opposed) to halt the public
hearing, and to reschedule and re -notify the affected
property owners.
Teresa Bryant conveyed that she would like to see the following issues addressed
at the next public hearing: (1) how staff's criteria tie in the national and State standards for
declaring a historic preservation piece of property; and (2) what are the economic bonuses and
costs to the property owners.
Attorney Smith urged the Board to return to the next hearing with a management
plan, such that everyone knows what action the Board is proposing to take, and how said action
would impact people.
18
May 6, 2008
Ruth Stanbridge, clarified that HRAC's recommendation was for the Board to
conceptually approve the historic road designation and then to develop the management plan
with the people. She related that it would be time consuming to do a management plan,
particularly for a road that may or may not make the historic designation.
There were no additional speakers, and the Chairman closed the public hearing.
Director Keating agreed that it would take staff some time to do a complete
management plan, and stated that staff has the basic information that they need, which is that the
road could be designated as historic and still be altered.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM DR. STEPHEN J. FAHERTY, SR. RE: VERO
BEACH ELECTRIC UTILITY
Dr. Stephen J. Faherty, Sr., 2120 Captains Walk, stated that he had addressed the
Board regarding electric utility issues pertaining to the City of Vero Beach (COVB) at the
January 8, 2008 Board of County Commission Meeting. Through a PowerPoint presentation
(copy on file), he recapped the facts which had been presented at the January meeting and
updated the Board on the actions which have since occurred. Dr. Faherty detailed the main
concerns he had relating to city utilities, particularly regarding the customers who reside outside
of the city limits and pay higher rates for city electric than do County residents with FPL. He
divulged that the City of Vero Beach had selected the Orlando Utilities Commission (OUC) as
their new electric supplier as of January 1, 2010, and provided details on the twenty-year OUC
contract, which he said would need further evaluation before a final determination could be made
as to its cost effectiveness over FPL.
19
May 6, 2008
Dr. Faherty disclosed that a referendum was going to be placed on the ballot in the
fall election to allow all affected municipal electric utility customers to decide whether or not to
create a separate utility authority to operate the utility. If a majority of the customers favor
creating a separate utility authority, the affected utility must present a proposed Charter to the
Legislature by January 15, 2009 to transfer the electric, as well as, the water and sewer utilities.
Dr. Faherty stressed the importance of including a multi jurisdictional representative group in
both the planning of the referendum item, and in the implementation of the proposed Charter to
the Legislature. Concluding his presentation, Dr. Faherty suggested some actions which the
County could take to protect the interests of the approximately 19,000 of the City Electric
customers who reside in the County, and the 10% of the customers who live in Indian River
Shores.
Board members expressed their appreciation and support for Dr. Faherty's efforts.
They wanted to have staff meet with him, and gain additional input, so the Commission could
receive staff's recommendation.
Administrator Baird explained that due to the loss of revenues subsequent to the
passage of Amendment 1, the municipalities would be looking to annexations as a quick way of
increasing revenues. This would reduce the County's tax base and increase that of the cities,
creating an inequity that needs to be addressed with the Legislature.
Bea Gardner spoke about the grave concerns of local citizens who must pay
higher utility bills than the residents using Florida Power & Light (FPL).
Lee Regan, 3207 Anthem Way, did not feel that the citizens were being
represented by the Utilities Commission. She voiced concerns over the City Attorney's
declaration that if they wished to be represented, the residents might have to support annexation;
and she asked the Board to stand by its County residents.
20
May 6, 2008
An unidentified speaker protested the 10% surcharge on the City Utility bills that
goes towards the daily operations of the City, which have no impact on him. He asked for
Board support of the efforts to move away from the high utility costs.
Monica Pinelli, 1480 4th Ave., spoke of personal hardships regarding the payment
of her utility bills, and solicited the Board's help in alleviating the situation.
John Lee, Customer Service Manager for the City of Vero Beach, said that the
City Utilities would be evaluating surcharges, rates, and other items after the Energy Bill (which
has been passed by the Legislature), is signed into law. The Bill would contain specific
provisions governing utilities operations.
Dr. Faherty emphasized that he was not hearing much about citizen participation
from the City Electric Utility. He stressed the importance of having the City and the County
work jointly on the development of the referendum and the proposed Charter.
Chairman Bowden directed staff to work with Dr. Faherty in evaluating the issues
pertaining to the electric utilities.
Administrator Baird conveyed that the County Budget Director, Jason Brown,
would begin working with Dr. Faherty right away.
NO BOARD ACTION TAKEN
21
May 6, 2008
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING MAY 13, 2008:
CONSIDERATION TO APPROVE A CONSERVATION EASEMENT
R ELATING TO EXPENDITURE OF ENVIRONMENTAL LAND BOND
FUNDS FOR THE CITY OF FELLSMERE'S FLORIDA COMMUNITIES
TRUST GRANT PROJECT KNOWN AS "FELLSMERE TRAILHEAD
PRESERVE."
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
12.E. HUMAN SERVICES -NONE
12.F. LEISURE SERVICES -NONE
22
May 6, 2008
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.I. PUBLIC WORKS -NONE
12..1 UTILITIES SERVICES
12..11. CONSULTING SERVICES AMENDMENT 2 TO WORK ORDER No. 5 WITH
POST, BUCKLEY, SC -HUE SCHUHAND JERNIGAN (PBS&J) FOR
PERMITTING, DESIGN AND CONSTRUCTION SERVICES FOR THE WEST
REGIONAL WASTEWATER TREATMENT PLANT EXPANSION UCP -2621
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Amendment 2 to Work Order No. 5 with Post,
Buckley, Schuh and Jernigan (PBS&J) in the amount of
$24,800.00 for additional work associated with reuse
distribution, and authorized the Chairman to execute the
same, as presented and recommended in the memorandum
of April 15, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
23
May 6, 2008
12.J.2. SHELTRA AND SONS CONSTRUCTION, INC. — CHANGE ORDER 2, VERO
LAKE ESTATES MASTER PLANNED WATER MAIN— PHASE I - UCP
2958
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Change Order No. 2 with Sheltra & Sons
Construction Co., Inc. in the amount of $10,949.60 for
additional work associated with completing the Master
Plan Water Main -Phase I at Vero Lake Estates and
authorized the Chairman to execute the same, as
presented, and as recommended in the memorandum of
March 18, 2008.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS -NONE
14. COMMISSIONER ITEMS
14.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -NONE
14.B. COMMISSIONER WESLEY S. DA VIS, VICE CHAIRMAN -NONE
14. C. COMMISSIONER JOSEPH E. FLESCHER-NONE
14.D. COMMISSIONER PETER D. O'BRYAN--NONE
24
May 6, 2008
14.E. COMMISSIONER GARY C. WHEELER NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
15.C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the
Environmental Control Board Meeting, the Board would reconvene as the Board of
Commissioners of the Environmental Control Board. Those Minutes are being prepared
separately and appended to this document.
15.C.1. APPROVAL OF MINUTES MEETING OF FEBRUARY S, 2008
15.C.2. APPROVAL OF MINUTES MEETING OF FEBRUARY 12, 2008
15.C.3. REPORT OF ACTIVITIES DURING FIRST QUARTER (JANUARY
THROUGH MARCH, 2008)
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
25
May 6, 2008
1 132 be ole
16. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11:25 a.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: JUN 1 0 2008
BCC/MG/2008Minutes
May 6, 2008
4"16''.
Sandra L. Bowden, Chairman
26 1 135 P6 075