HomeMy WebLinkAbout05/08/2007 (3)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 8, 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 CELEBRATING MAY 12, 2007 AS THE 75TH
ANNIVERSARY FOR INDIAN RIVER MEDICAL CENTER 2
5.B. PRESENTATION OF PROCLAMATION HONORING BE KIND TO ANIMALS WEEK
MAY 6-12, 2007 2
6. APPROVAL OF MINUTES - NONE 2
7. CONSENT AGENDA 3
7.A. REPORT ON FILE IN THE OFFICE OF CLERK TO THE BOARD: CONVICTION
NOTICE REPORT FOR THE MONTH OF MARCH 2007 3
7.B. APPROVAL OF WARRANTS -APRIL 20, 2007—APRIL 26, 2007 3
May 8, 2007 1
7.C. OUT OF COUNTY TRAVEL TO ATTEND THE 2007 COMMUNITY LEADERS
BRIEFING AT THE KENNEDY SPACE CENTER 3
7.D. REQUEST FOR RELEASE OF RETAINAGE ON TURNER CONSTRUCTION
CONTRACT FOR COUNTY EMERGENCY OPERATIONS CENTER (AMENDMENT #4,
JUNE 6, 2006) 4
7.E. MISCELLANEOUS BUDGET AMENDMENT 017 4
7.F. RECLAIMED WATER USE AGREEMENT WITH: TARMAC AMERICA LLC 4
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES 5
8.A. INDIAN RIVER COUNTY SHERIFF - ROY RAYMOND
U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE
BULLETPROOF VEST PARTNERSHIP PROGRAM 5
9. PUBLIC ITEMS 5
9.A. PUBLIC HEARINGS 5
9.A.1. COUNTY INITIATED: REQUEST TO AMEND THE TEXT OF THE COMPREHENSIVE
PLAN'S FUTURE LAND USE ELEMENT BY CREATING A NEW MHRP, MOBILE
HOME RENTAL PARK (UP TO 8 UNITS/ACRE), LAND USE DESIGNATION FOR
MOBILE HOME RENTAL PARKS (LEGISLATIVE) 5
9.A.2. COUNTY INITIATED: REQUEST TO AMEND THE COUNTY'S COMPREHENSIVE
PLAN TO RE -DESIGNATE 1-806.23 ACRES FROM M-1, L-2, AND C/I TO MHRP
(LEGISLATIVE) 10
9.A.3. COUNTY INITIATED: REQUEST TO AMEND THE TEXT OF THE COMPREHENSIVE
PLAN'S FUTURE LAND USE ELEMENT BY ELIMINATING NEW TOWN POLICIES
1.34 AND 1.35 (LEGISLATIVE) 11
9.A.4. COUNTY INITIATED: REQUEST TO AMEND THE TRANSPORTATION ELEMENT
OF THE COMPREHENSIVE PLAN (LEGISLATIVE) 14
9.A.5. COUNTY INITIATED: REQUEST TO ADOPT A NEW PUBLIC SCHOOL FACILITIES
ELEMENT AND TO AMEND THE CAPITAL IMPROVEMENTS ELEMENT AND THE
May 8, 2007 2
INTERGOVERNMENTAL COORDINATION ELEMENT OF THE COMPREHENSIVE
PLAN (LEGISLATIVE) 16
9.B. PUBLIC DISCUSSION ITEMS 17
9.B.1. REQUEST TO SPEAK FROM GOLDSMITH TEAM GMAC REAL ESTATE
REGARDING FORGIVENESS OF INTEREST ONA LIEN IMPOSED BY THE COUNTY
ONA LOT IN WHISPERING PALMS 17
9.C. PUBLIC NOTICE ITEMS - NONE 17
10. COUNTY ADMINISTRATOR'S MATTERS 18
10.A. BONITA J. SORENSEN, M.D., M.B.A., DEPUTY STATE HEALTH OFFICER,
DEPARTMENT OF HEALTH, REQUEST THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVE THE APPOINTMENT OF MIRANDA SWANSONAS THE
ADMINISTRATOR OF THE INDIAN RIVER COUNTY HEALTH DEPARTMENT 18
11. DEPARTMENTAL MATTERS 18
11.A. COMMUNITY DEVELOPMENT 18
11.A. 1. REQUEST FOR AUTHORIZATION TO ENTER INTO A STATE FUNDED SUBGRANT
AGREEMENT FOR DEVELOPMENT OFA MODEL DATABASE TRACKING SYSTEM
FOR SCHOOL CONCURRENCY IMPLEMENTATION (DEFERRED FROM MEETING
OFMAY 1, 2007) 18
11.A.2. CITY OF FELLSMERE'S REQUEST FOR BOARD AUTHORIZATION TO USE
COUNTY ENVIRONMENTAL LAND ACQUISITION BOND FUNDSASA 10% MATCH
FOR A CITY APPLICATION TO THE FLORIDA COMMUNITIES TRUST FOR A
PROJECT CALLED "THE FELLSMERE PRESERVE" 19
11.B. EMERGENCY SERVICES- NONE 20
11. C. GENERAL SERVICES - NONE 20
11.D. HUMAN RESOURCES 20
11.D.1. BOCC— ORGANIZATIONAL STRUCTURE 20
11.E. HUMAN SERVICES - NONE 21
11.F. LEISURE SERVICES - NONE 22
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 22
May 8, 2007 3
11.H. RECREATION - NONE 22
11.L PUBLIC WORKS - NONE 22
11.1 UTILITIES SERVICES 22
11.J.1. MEADOWLARK WOODS SUBDIVISION PETITION WATER SERVICE — 61sT
AVENUE NORTH OF 415T STREET, INDIAN RIVER COUNTY PROJECT NO.
UCP -2324, PRELIMINARY ASSESSMENT RESOLUTIONS I AND II 22
11.J.2. SHADY ACRES SUBDIVISION PETITION WATER SERVICE— 24TH AVENUE
NORTH OF 10TH STREET, INDIAN RIVER COUNTY PROJECT NO. UCP -2961 23
11.J.3. AWARD OF ANNUAL RFP/BID FOR WATER METERS: RFP #2007047 24
12. COUNTY ATTORNEY MATTERS - NONE 25
13. COMMISSIONER ITEMS 25
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 25
13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR - NONE 25
13. C. COMMISSIONER WESLEY S. DAVIS - NONE 25
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 25
13.E. COMMISSIONER PETER D. O'BRYAN 25
13.E. 1. LAND ACQUISITION ADVISORY COMMITTEE RECOMMENDATION ON
SEBASTIAN HARBOR PRESERVE AND PROPOSED FLEMING STREET EXTENSION25
13.E.2. UPDATE ON ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT LAND SWAP
OF 1,265 ACRES OF THE BERRY FARMS PROPERTY FOR 460 ACRES OF
CORRIGANPROPERTY 26
14. SPECIAL DISTRICTS AND BOARDS 27
14.A. EMERGENCY SERVICES DISTRICT - NONE 27
14.B. SOLID WASTE DISPOSAL DISTRIC - NONE 27
14. C. ENVIRONMENTAL CONTROL BOARD - NONE 27
15. ADJOURNMENT 27
May 8, 2007 4
May 8, 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 8, 2007, at 9:00 a.m. Present were Chairman Gary C. Wheeler, Vice Chair Sandra
L. Bowden, Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Ray Scent of the Gathering of Devoted Servants delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Gary C. Wheeler led the Pledge of Allegiance to the Flag.
May 8, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler requested the following changes to the Agenda:
Deletion: Item 11.A.1., Request for Authorization to Enter into a State
Funded Subgrant Agreement for Development of a Model Database Tracking
System for School Concurrency Implementation (Deferred from Meeting of May 1,
2007).
Addition: Item 13.E.2., Commissioner O'Bryan's Matters, Update on St.
John's River Water Management District land swap of 1,265 acres of the Berry
Farms property for 460 acres of Corrigan property.
ON MOTION by Vice Chair Bowden, SECONDED
by Commissioner Flescher, the Board unanimously
made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION CELEBRATING MAY 12, 2007 AS
THE 75TH ANNIVERSARY FOR INDIAN RIVER MEDICAL CENTER
Chairman Wheeler read and presented the Proclamation to Garnett Radin from
Indian River Medical Center.
5.B. PRESENTATION OF PROCLAMATION HONORING BE KIND TO ANIMALS
WEEKMAY6-12, 2007
Commissioner O'Bryan read and presented the Proclamation to Patti Schell, Dogs
for Life, Inc. volunteer, who accepted on behalf of Director Ferger of the American Humane
Association.
6. APPROVAL OF MINUTES - NONE
May 8, 2007 2
7. CONSENT AGENDA
7.A. REPORT ON FILE IN THE OFFICE OF CLERK TO THE BOARD:
CONVICTION NOTICE REPORT FOR THE MONTH OF MARCH 2007
NO BOARD ACTION REQUIRED OR TAKEN
7.B. APPROVAL OF WARRANTS — APRIL 20, 2007 -APRIL 26, 2007
ON MOTION by Vice Chair Bowden, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the list of Warrants as issued by the Clerk to
the Board for April 20-26, 2007.
7. C. OUT OF COUNTY TRAVEL TO A TTEND THE 2007 COMMUNITY LEADERS
BRIEFING AT THE KENNEDY SPACE CENTER
ON MOTION by Vice Chair Bowden, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved out -of -county travel for Commissioners to
attend the 2007 Community Leaders Briefing at the
John F. Kennedy Space Center on Friday, May 11,
2007, as recommended in the memorandum of May 2,
2007.
May 8, 2007 3
7.D. REQUEST FOR RELEASE OF RETAINAGE ON TURNER CONSTRUCTION
CONTRACT FOR COUNTY EMERGENCY OPERATIONS CENTER
(AMENDMENT #4, JUNE 6, 2006)
ON MOTION by Vice Chair Bowden, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the request that retainage be reduced to and
remain at 5% (of all work completed on which
retainage can be withheld) for the remainder of the
project. And further, that an amount equal to one half
of the amount currently being withheld be released to
Turner Construction. This total would currently
amount to $201,191.00 x 1/2 or $100,596.00, as
recommended in the memorandum of May 2, 2007.
7.E. MISCELLANEOUS BUDGET AMENDMENT 017
ON MOTION by Vice Chair Bowden, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Resolution 2007-043, amending the fiscal
year 2006-2007 budget.
7.F. RECLAIMED WATER USE AGREEMENT WITH: TARMAC AMERICA LL C
ON MOTION by Vice Chair Bowden, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Agreement for the Delivery of
May 8, 2007 4
Reclaimed Water, and authorized the Chairman to
execute the same, as recommended in the
memorandum of April 16, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
8.A. INDIAN RIVER COUNTY SHERIFF — ROYRAYMOND
U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE
BULLETPROOF VEST PARTNERSHIP PROGRAM
ON MOTION by Commissioner Davis, SECONDED
by Commissioner Flescher, the Board unanimously
approved the use of Grant money for the purchase of
replacement bulletproof vests through the Bureau of
Justice Assistance Bulletproof Vest Partnership
Program, as requested in the letter of April 13, 2007.
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.1. COUNTY INITIATED: REQUEST TO AMEND THE TEXT OF THE
COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT BY CREATING
A NEW MHRP, MOBILE HOME RENTAL PARK (UP TO 8 UNITS/ACRE),
LAND USE DESIGNATION FOR MOBILE HOME RENTAL PARKS
(LEGISLATIVE)
May 8, 2007 5
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Clerk's Note: Public Hearings for Items 9.A.1. and 9.A.2. were addressed together
since they are interrelated.
Community Development Director Robert Keating used a PowerPoint presentation
(copy on file) to explain the process of submitting a Comprehensive Plan Amendment. He
informed the Board that this item was brought back from the October 24, 2006 meeting, where
staff was directed to create a new Land Use Designation for mobile home rental parks that would
provide more protection to the owners who rent spaces and could be displaced, should the park
owner opt to sell the park for another use. Director Keating explained how creating a separate
mobile home rental park (MHRP) Land Use Designation would benefit those who rent their
spaces. He requested the Board to: (1) create a new MHRP Land Use Designation; (2) apply that
Designation to the 14 existing mobile home rental parks; and (3) direct the County Attorney's staff
to research the 24 month notification period to see if it could be implemented.
The Board asked questions of Director Keating and County Attorney Collins to gain
a better understanding of the notification timeframe requirement, number of units per acre, the ten
acre threshold, and the land density in mobile home rental parks.
Chairman Wheeler and Commissioner Davis wanted to remove the two parks that
were designated as commercial industrial (C/I) from the properties list, which would allow all
other parks to conform to the low density (L-2) and medium density (M-1) land use designations,
while still meeting the eight unit per acre threshold requirement.
May 8, 2007 6
The Chairman opened the public hearing.
Robert Bower, 7300 20th Street, Village Green, represented the Coalition of Mobile
Manufactured Homeowners of Indian River County. He agreed with Director Keating and
requested the Board approve the Land Use Designation change.
Lynn Lucier, Midway Estates, explained that her mobile home park consisted of
renters and shareholders. She had purchased a share and voiced concern that should a hurricane
demolish the property that the shareholders would be left holding "empty land". She wanted the
Board to consider the 65 shareholders as well as the 45 renters living in the park.
Chairman Wheeler explained that the objective of the land use change is to try to
protect the people, their home investment, and make it difficult for the park owners to change the
land use designation.
Bob Nece, 7000 20th Street, Village Green, expressed that the mobile home park
was the lifestyle he chose and he wanted the Board to protect his home.
Jennifer Vanhoose, 480 10th Place, Beach Cove, urged the Board to look at the
entire County ordinance and how it applies to the mobile home rental parks before passing the
ordinance.
Michael Battaglini, Southgate Village, requested the "family owned" park be
excluded from the list and suggested increasing the land use designation size from ten acres or
more to fifteen acres or more.
Jack Borgen, on behalf of the owners of Southgate Village, informed the Board that
his mobile home park had been family owned for three generations and he wanted the park to
May 8, 2007 7
continue being grandfathered. He felt that since his park consisted of 10.29 acres and was on the
list of ten acres or more instead of ten acres or less, that his park would continue to be
nonconforming. He voiced concern that in order to comply, they would have to go from 109 lots
to 82 lots, misplacing 27 residents. He requested the Board consider his plea of changing the
threshold from ten acres or more to fifteen acres or more.
Bruce Barkett, Attorney for the owners of Southgate Village, requested the Board
support Mr. Borgen's request to exclude properties designated commercial industrial (C/I).
Claire Ranahan, Shady Rest, told the Board that she could not afford to move and
even if she did, no company would agree to move a mobile home that was over 20 years old and
those that could be moved would cost $15,000.00 to $17,000.00. She was concerned that there
would be a lot of homeless, elderly people, if the Board did not protect the people who rent spaces.
Norma Sanderson, Shady Rest, asked the Board to support the mobile home park
residents.
Fred Schaefer, Southgate Village, revealed that he has Parkinson's disease and is
forced to live in a mobile home park because of finances. He was concerned that he would lose his
home if changes were made to the park. He wanted the Board to increase the land use designation
size to 11+ acres.
Danny Ellis, Senior Regional Manager from Kissimmee, Florida, represented MHC
Holiday Village L.L.C., owner of Holiday Village Mobile Home Park, and provided a letter urging
the Board not to approve the proposed amendments and listing problems with the proposed
amendment to the Comprehensive Plan Amendment (copy on file). He suggested the owners get
involved to discuss ways to make it continual affordable housing that would protect mobile home
residents.
May 8, 2007 8
There were no additional speakers and the Chairman closed the public hearing.
MOTION WAS MADE by Vice Chair Bowden,
SECONDED by Chairman Wheeler, approved
Resolution No. 2007-044, approving the transmittal of
a proposed Indian River County Comprehensive Plan
Amendment to the text of the Future Land Use
Element to the State of Florida Department of
Community Affairs, excluding the designated
Commercial Industrial (C/I) property of Southgate
Village.
Chairman Wheeler clarified with Director Keating that changing 10 acres to 15
acres and changing the C/I land use designation would " fix the existing non -conformities."
Discussion ensued as the Board and Director Keating discussed the protection of the
residents and their homes in the resident -owned community of Midway Estates.
MOTION WAS AMENDED by Vice Chair Bowden,
SECONDED by Chairman Wheeler, to change the
land use designation size from 10 acres or more to 15
acres or more; and to remove the land use element of
C/I.
The Chairman CALLED THE QUESTION. The
Board unanimously approved Resolution No.
2007-044, approving the transmittal of a proposed
May 8, 2007 9
Indian River County Comprehensive Plan Amendment
to the text of the Future Land Use Element to the State
of Florida Department of Community Affairs;
eliminating the rental parks designated as C/I and
increasing the land use designation size from 10 acres
or more to 15 acres or more.
9.A.2. COUNTY INITIATED: REQUEST TO AMEND THE COUNTY'S
COMPREHENSIVE PLAN TO RE -DESIGNATE ±806.23 ACRES FROM M-1,
L-2, AND C/I TO MHRP (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Clerk' Note: This Public Hearing was addressed with Item No. 9.A.1.
ON MOTION by Vice Chair Bowden, SECONDED
by Chairman Wheeler, the Board unanimously
approved Resolution No. 2007-045, approving the
transmittal of a proposed Indian River County
Comprehensive Plan Future Land Use Map
Amendment Changing the Land Use Designation of
806.23 acres from M-1, L-2 and C/I to MHRP to the
State of Florida Department of Community Affairs.
Chairman Wheeler requested they hear Item 10.A. at this point.
May 8, 2007 10
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chair Bowden, the Board
unanimously approved the Agenda change.
The Chairman called a recess at 10:34 a.m. and reconvened the meeting at 10:50
a.m. with all members present.
9.A.3. COUNTY INITIATED: REQUEST TO AMEND THE TEXT OF THE
COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT BY
ELIMINATING NEW TOWN POLICIES 1.34 AND 1.35 (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Keating informed the Board that this item was being brought back from the
end of last year, when the Board directed staff to draft an amendment to the Comprehensive Plan
eliminating the allowance for New Town Policies 1.34 and 1.35. He briefly provided background
information, detailed the requirements of a New Town Policy, and affirmed the increase in density
that could occur if all the property outside the urban service area were agriculturally gated and put
into a New Town. He acknowledged that there had been an oversight in the approved plan because
the amount of yield that could occur in density with New Towns outside the urban service area was
not recognized. Recommendation was to approve the amendment that would eliminate FLUE
Policies 1.34 and 1.35 (New Town Centers) for transmittal to the Department of Community
Affairs for review.
Discussion ensued regarding transfer of development rights in the context of a New
Town, increasing densities on properties within the urban service area, and clustering densities.
May 8, 2007 11
Vice Chair Bowden thought the Interlocal Agreement would eventually work things
out and considered the text of the Comprehensive Plan's Future Land Use Element "unusable as
written". She suggested leaving it as a "place -holder".
Commissioner O'Bryan wanted to see a development rights program give the
landowners current value for relinquishing their development rights to help them stay in farming
or keep the land preserved. He supported eliminating the policy wording and moving forward with
the Interlocal Agreement negotiations.
Commissioner Davis wanted to move forward with changes to the New Town
concept, not throw it out.
Director Keating provided the Board with specifics regarding the capture rates and
the density provisions that would need to be tweaked, to be a useable policy.
Chairman Wheeler thought the text should include a change that would reflect a
"scientific method" when transferring densities.
The Chairman opened the public hearing.
Mike Ray, no address given, wanted the Board to discuss this further and requested
it be left in the Comprehensive Plan until it becomes a workable document.
Doug Bournique, Indian River Citrus League, encouraged the Board to keep this in
the Comprehensive Plan because he felt that it was a viable tool and that with time, staff could
make it a workable policy.
May 8, 2007 12
Joseph Paladin, 6450 Tropical Way, voiced that he was on the Western Lands
Committee and the Coral Group Committee which provided the mapping. He thought it was a
good tool that should not be eliminated.
Richard Bialosky, Oyster Shell Lane, emphasized that the Board should tweak it as
necessary and he wanted them to "think green".
Jeff Bass, member of the Western Lands Committee, echoed the previous speakers
sentiments and added that the members of the committee were still available to work on what he
considered a "density manager". He mentioned that it would be easier to change what is already
in the Comprehensive Plan than to remove it and then add it back later.
Amy Themo, 1769 Pointe West Way, expressed that the frame -work is already
there and thought it could be tailored to suit the western land owners.
There were no additional speakers, and the Chairman closed the public hearing.
MOTION was made by Commissioner Davis,
SECONDED by Vice Chair Bowden, to deny
submittal to the Department of Community Affairs
(DCA).
Discussion ensued among the Board regarding the one unit per acre project density
and working with Geographic Information Systems (GIS).
Commissioner Davis was agreeable to move forward with a Geographic
Information Systems (GIS) based method of western lands development.
May 8, 2007 13
Discussion ensued over the wording, "new town". Commissioner O'Bryan felt new
town and affordable housing did not go together. He suggested wiping the slate clean and starting
over.
Chairman Wheeler wanted densities addressed and did not think it should be rushed.
Commissioner Flescher did not understand why this was an issue now, since it had
been in existence for over 20 years, had never been used, and still needed significant work, all with
the Interlocal Agreement on the horizon.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously, to deny the submittal of
the amendment to the Department of Community
Affairs (DCA), and approved to move forward with a
Geographic Information Systems (GIS) based system
of density transfers, for land outside the urban service
area.
9.A.4. COUNTY INITIATED: REQUEST TO AMEND THE TRANSPORTATION
ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Phillip Matson, MPO Staff Director, gave a PowerPoint presentation (on file)
describing and justifying three proposed components to the Comprehensive Plan Amendment: (1)
May 8, 2007 14
traffic study changes; (2) revising the roadway Level of Service (LOS) standards on SR 60; and (3)
text changes.
The Chairman opened the public hearing.
Joseph Paladin, 6450 Tropical Way, said the eight -mile radius limit was diluting
the accuracy of the information and thought by narrowing it down to two or three miles would
make it a more accurate report. He reported that limiting the County to only using the Florida
Department of Transportation's (FDOT) Level of Service Handbook should not be the County's
only source for establishing roadway capacities.
Bob Johnson, Coral Wind Subdivision, wanted to know if the recommendations
being made would impact the previous decisions made on 43rd Avenue. Director Matson assured
him it would not.
There were no additional speakers, and the Chairman closed the public hearing.
Commissioner Davis wanted clarification of the ART -plan analysis and Director
Keating briefed that it was the only alternative calculation methodology that would provide a
specific volume number. Chris Mora, Assistant Public Works Director, added that he did not see
the need to have engineers recalculate capacities using other programs because adjustments were
already built into the FDOT service tables.
Discussion ensued as the Board compared the FDOT-plan with the ART -plan, and
the eight mile radius versus the two mile radius.
Chairman Wheeler closed the public hearing.
May 8, 2007 15
ON MOTION by Commissioner Davis, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Resolution No. 2007-046, approving the
transmittal of a proposed Indian River County
Comprehensive Plan Amendment to the text of the
Transportation Element to the State of Florida
Department of Community Affairs.
Chairman Wheeler called a recess at 12:05 p.m. and reconvened the meeting at
1:19 p.m. with Commissioner Davis and Attorney Collins absent.
9.A. 5. COUNTY INITIATED: REQUEST TO ADOPT A NEW PUBLIC SCHOOL
FACILITIES ELEMENT AND TO AMEND THE CAPITAL IMPROVEMENTS
ELEMENT AND THE INTERGOVERNMENTAL COORDINATION ELEMENT
OF THE COMPREHENSIVE PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Keating reported that this amendment involved three separate elements of
the Comprehensive Plan: (1) to adopt a new Public School Facilities Element (PSFE); (2) to
amend the Capital Improvements Element (CIE); and (3) to amend the Intergovernmental
Coordination Element (ICE). He briefed the purposes of the text amendment, reviewed the school
concurrency adoption timetable, and explained the components of each element listed above (copy
on file).
May 8, 2007 16
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Vice Chair Bowden, SECONDED
by Chairman Wheeler, by a 4-0 vote (Commissioner
Davis absent) the Board approved Resolution No.
2007-047, approving the transmittal of proposed
amendments to the text of the Capital Improvements
Element, text of the Intergovernmental Coordination
Element, and adoption of a New Public School
Facilities Element of the Indian River County
Comprehensive Plan to the State of Florida
Department of Community affairs.
9.B. PUBLIC DISCUSSION ITEMS
9.B.1. REQUEST TO SPEAK FROM GOLDSMITH TEAM GMAC REAL ESTATE
REGARDING FORGIVENESS OF INTEREST ONA LIEN IMPOSED BY THE
COUNTY ON A LOT IN WHISPERING PALMS
Goldsmith Team GMAC Real Estate representative was not present.
NO BOARD ACTION TAKEN OR REQUIRED
9.C. PUBLIC NOTICE ITEMS - NONE
May 8, 2007 17
10. COUNTY ADMINISTRATOR'S MATTERS
10.A. BONITA J. SORENSEN, M.D., M.B.A., DEPUTY STATE HEALTH
continuity.
OFFICER, DEPARTMENT OF HEALTH, REQUEST THAT THE BOARD OF
COUNTY COMMISSIONERS APPROVE THE APPOINTMENT OF MIRANDA
SWANSON AS THE ADMINISTRATOR OF THE INDIAN RIVER COUNTY
HEALTH DEPARTMENT
Clerk's Note: This item was heard following Item 9.A.2.and is placed here for
ON MOTION by Commissioner Flescher,
SECONDED by Commissioner Davis, the Board
unanimously approved the appointment of Miranda
Swanson as the Administrator of the Indian River
County Health Department, as requested in the letter of
April 30, 2007.
Miranda Swanson thanked the Board and Dr. Bonnie Sorensen, as she expressed her
anticipated excitement in her new role.
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT
11.A.1. REQUEST FOR A UTHORIZATION TO ENTER INTO A STATE FUNDED
SUBGRANT AGREEMENT FOR DEVELOPMENT OF A MODEL DATABASE
May 8, 2007 18
TRACKING SYSTEM FOR SCHOOL CONCURRENCY IMPLEMENTATION
(DEFERRED FROM MEETING OF MAY 1, 2007)
Chairman Wheeler announced that this item would be deleted from the Agenda.
NO BOARD ACTION TAKEN OR REQUIRED
11.A. 2. CITY OF FELLSMERE'S REQUEST FOR BOARD AUTHORIZATION TO USE
COUNTY ENVIRONMENTAL LAND ACQUISITION BOND FUNDS AS A 10%
MATCH FOR A CITY APPLICATION TO THE FLORIDA COMMUNITIES
TRUST FOR A PROJECT CALLED "THE FELLSMERE PRESERVE"
Clerk's Note: County Attorney Collins rejoined the meeting at 1:32 p.m.
Chief of Environmental Planning Roland DeBlois, through a PowerPoint
presentation and map (copy on file), referenced the unincorporated property located at the
northwest corner of the Intersection of I-95 and CR 512, and revealed that the City of Fellsmere
intends to apply for a grant from the Florida Communities Trust (FCT) to acquire property for a
conservation park. The City of Fellsmere also requested, as part of the application, the use of
County environmental land acquisition bond funds for a 10% match. He acknowledged that the
title would be a shared interest if the property were to be acquired under the City's proposal.
Clerk's Note: Commissioner Davis rejoined the meeting at 1:37 p.m.
There was a brief question and answer period regarding realignment and
commercial development sites.
May 8, 2007 19
Jason Nunemaker, City Manager of Fellsmere, affirmed that the City of Fellsmere
is receptive to "shared interest".
ON MOTION by Vice Chair Bowden, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved use of County bond funds for 10% of "The
Fellsmere Preserve" project costs, not to exceed
$700,000.00, with the County and City sharing title to
the property if it is acquired. The Board also
authorized the County Administrator to sign the letter
for the City's use in its application to the FCT, as
recommended in the memorandum of May 2, 2007.
11.B. EMERGENCY SERVICES- NONE
11. C GENERAL SERVICES - NONE
11.D. HUMAN RESOURCES
11.D.1. BOCC - ORGANIZATIONAL STRUCTURE
Human Resources Director Jim Sexton informed the Board that this item was
brought back from a February meeting where the Board directed staff to study organizational
charts from other counties, then offer options for consideration on how to organize the office of the
Executive Aide. After surveying twenty-four counties, two items remained consistent with the
counties surveyed: (1) none of the counties had an Executive Aide position that was created by an
Ordinance nor did they obtain an employment contract; and (2) none of the offices of the
Executive Aide or offices of the Board of County Commissioners were responsible for recording
May 8, 2007 20
the minutes of the Advisory Committees. He revealed that even though it was difficult to find
jurisdictions that had an identical organizational structure, the bulk of the organizational data was
inconsistent. He presented several options to the Board for consideration (copy on file).
Discussion ensued regarding the options presented and the dollars saved under each
one, the current workload of staff, and the use of individual Aides. The Board, County Attorney
and County Administrator all agreed that current technology (DVD and/or website) needs to be
utilized more and the Minutes need to be condensed.
ON MOTION by Commissioner O'Bryan,
SECONDED by Chairman Wheeler, the Board
unanimously approved to direct Mr. Sexton to use
Option 5, and that he provide a more detailed summary
of the stipulations and rotations of the Office Manager
Position, with the understanding that: (1) the
Commissioner Assistants could be hired "not at will",
but with vested rights; (2) the Assistants would be
instructed to reduce Minute taking to a minimum; (3)
each Assistant would stay with the assigned
Commissioner and not rotate among the Districts; and
(4) assign the existing staff to Option 5.
The Chairman called a recess at 2:49 p.m. and reconvened the meeting at 3:03 p.m.
with all members present.
11.E. HUMAN SERVICES - NONE
May 8, 2007 21
11.F. LEISURE SERVICES - NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION- NONE
11.1. PUBLIC WORKS - NONE
11.J. UTILITIES SERVICES
11. J.1. MEADOWLARK WOODS SUBDIVISION PETITION WATER SERVICE — 6187
AVENUE NORTH OF 4187
STREET, INDIAN RIVER COUNTY PROJECT NO.
UCP -2324, PRELIMINARY ASSESSMENT RESOLUTIONS I AND II
Manager of Assessment Projects Dan Chastain informed the Board that he was
returning as a result of a 2003 meeting where the Board provided authorization to move forward on
the Resolutions but a few of the owners had petitioned against it. He currently had 83% of the
property owners who supported the project and requested, once again, to move forward.
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, the Board
unanimously approved Resolution 2007-048,
providing for water main expansion to Meadowlark
Woods Subdivision (61st Avenue North of 41st Street)
in Indian River County, Florida; providing the total
estimated cost, method of payment of assessments,
May 8, 2007 22
number of annual installments, and description of the
area to be served.
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, the Board
unanimously approved Resolution 2007-049, setting a
time and place at which the owners of properties,
located in Meadowlark Woods Subdivision (61st
Avenue North of 41st Street) in Indian River County,
Florida, and other interested persons, may appear
before the Board of County Commissioners of Indian
River County and be heard as to the propriety and
advisability of constructing the water main extension,
as to the cost thereof, as to the manner of payment
therefore, and as to the amount thereof to be specially
assessed against each property benefited thereby.
11.J.2. SHAD vA cis SUBDIVISIONPETITION WA TER SER VICE - 24THA VENUE
NORTH OF 10TH STREET, INDIAN RIVER COUNTY PROJECT NO.
UCP -2961
Manager Chastain announced that he had 83% of the property owners' support on
this item and requested authorization to begin the design process.
ON MOTION by Commissioner Davis, SECONDED
by Chairman Wheeler, the Board unanimously
approved the project; authorized the Utility Services
May 8, 2007 23
Department to proceed with the engineering design
work, and negotiate a contract for survey services,
with one of the approved survey consultants, in
preparation for the special assessment project, as
recommended in the memorandum of May 1, 2007.
11.J.3. AWARD OF ANNUAL RFP/BID FOR WATER METERS: RFP #2007047
Capital Projects Manager for Utility Services Mike Hotchkiss reported that the
Purchasing Division used a two-step process to select Municipal Water Works, Inc., as the lowest,
most qualified bidder.
ON MOTION by Commissioner Davis, SECONDED
by Chairman Wheeler, the Board unanimously
approved: (1) the bid be awarded to Municipal Water
Works, Inc., as the lowest, most qualified, responsive
and responsible bidder meeting the technical criteria as
set forth in the RFP; (2) authorized the Purchasing
Division to issue blanket purchase orders or individual
job purchase orders, as needed, for a period of one (1)
year beginning May 2007 through April 30, 2008, as
specified in the RFP, with the recommended bidder;
and (3) authorized the Purchasing Manager to renew
this bid for three (3) additional one (1) year periods
subject to satisfactory performance, zero cost increase,
vendor acceptance and the determination that renewal
of this annual contract is in the best interest of Indian
May 8, 2007 24
River County, as recommended in the memorandum of
May 1, 2007.
12. COUNTY ATTORNEY MATTERS - NONE
13. COMMISSIONER ITEMS
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
13.B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIR - NONE
13. C. COMMISSIONER WESLEY S. DAVIS - NONE
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
13.E. COMMISSIONER PETER D. O'BRYAN
13.E.1. LAND ACQUISITION ADVISORY COMMITTEE RECOMMENDATION ON
SEBASTIAN HARBOR PRESERVE AND PROPOSED FLEMING STREET
EXTENSION
Commissioner O'Bryan informed the Board that this item was being brought to
them from the prior week's Land Acquisition Committee special meeting. Since he serves as the
liaison between the Committee and the Board, he wanted confirmation, for the Committee, that it
was the Board's intention (when they voted at the January 23, 2007 meeting) that this was to be
May 8, 2007 25
purchased "entirely" as a conservation tract, that it be purchased "entirely" with Land Acquisition
Bond money, and that construction of the right-of-way (Fleming Street Extension) not proceed.
Roland DeBlois, Environmental and Code Enforcement Chief, confirmed that the
there had been a strong recommendation from staff that the road not go through the property.
Administrator Baird noted that Fleming Street Extension is on the 20/25 Long
Range Transportation Plan and thought it would be best to buy it with right-of-way money.
Al Minner, Sebastian City Manager, informed the Board that the City Council was
opposed to the extension crossing through the Preserve and that they expressed concern over the
eagle's nest that is situated on the property. He said that an east and west thoroughfare is
something that would eventually be required, and then he would hope that other avenues would be
considered. He noted that this item would be further addressed at the May 22, 2007 meeting.
Commissioner Davis confirmed that he had moved for approval of staff's
recommendation on this item. He requested the recommendations of the Historical Resources
Advisory Council be submitted to the City of Sebastian to reflect the linkage of this item and the
effect that the north/south access on Old Dixie would create.
NO ACTION TAKEN
13.E.2. UPDATE ON ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT LAND
SWAP OF 1,265 ACRES OF THE BERRY FARMS PROPERTY FOR 460
ACRES OF CORRIGAN PROPERTY
May 8, 2007 26
Chairman Wheeler announced that he received an e-mail regarding the Corrigan
exchange, from Charles Lee, Director of Advocacy, Audubon of Florida, requesting it be placed
on the record (copy on file).
Commissioner O'Bryan reviewed the history of the land value swap and voiced that
he did not think the Board/County received sufficient representation from the Governing Board
and he suggested appointing someone (to the Governing Board) that would protect the County's
future interests.
Jens Tripson reported that his father was the representative before Mr. Green, but
since then he noticed that Indian River had been cut out of the loop. He wanted to see a strong
representative be appointed for the County.
Commissioner O'Bryan noted that he would put something together so the Board
could return for a formal vote and select a candidate to represent the County.
NO ACTION TAKEN
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRIC - NONE
14. C ENVIRONMENTAL CONTROL BOARD - NONE
15. ADJOURNMENT
May 8, 2007 27
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 3:38 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/LAA/2007Minutes
May 8, 2007 28