HomeMy WebLinkAbout06/19/2007 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 19, 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 HONORING THE VERO BEACH HIGH
SCHOOL GIRLS LACROSSE TEAM 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING JUNE 17-23, 2007, AS
AMATEUR RADIO WEEK 2
5.C. PRESENTATION BY LARRY WAPNICK, PRESIDENT, VETERANS COUNCIL OF
INDIAN RIVER COUNTY VETERANS SERVICES 2
5.D. PRESENTATION BY LARRY WAPNICK, PRESIDENT, VETERANS COUNCIL OF
INDIAN RIVER COUNTY, TO JOSE GUERRA, CHANNEL 10 3
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OFMAY 1, 2007 3
June 19, 2007 1
7. CONSENT AGENDA 3
7.A. APPROVAL OF WARRANTS — JUNE 1, 2007 — JUNE 7, 2007 3
7.B. APPOINTMENT OF THE INDIAN RIVER COUNTY SCHOOL DISTRICT APPOINTEE
TO THE TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD 4
7.C. APPOINTMENT OF VERO BEACH REPRESENTATIVE APPOINTEE TO THE
METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMMITTEE 4
7.D. CITY OF FELLSMERE CHANGE IN APPOINTMENTS TO COUNTY COMMITTEES
AND REGIONAL BOARDS FOR 2007 4
7.E. FEDERAL FISCAL YEAR 2007 EDWARD BYRNEMEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) 5
7.F. WORK ORDER NO. 2 (ENGINEERING), CREECHENGINEERS, INC., INDIAN
RIVER COUNTY FAIRGROUNDS PROPERTY (HOBART PARK), RELEASE OF
RETAINAGE, IRC PROJECT NO. 0603, CONTINUING PROFESSIONAL SURVEY
SERVICES CONTRACT 0390 5
7.G. ADDENDUM NO. 2 WORK ORDER NO. 6, (ENGINEERING/SURVEY), KINGS
HIGHWAYEXTENSION, SOUTH, PHASE 1. OSLO ROAD THROUGH 21sT ST. ,S. W,
IRC PROJECT 0446, FINAL PAYMENT, KIMLEY-HORN & ASSOCIATES, INC.,
CONTRACT 0390/2005-2006 6
7.H. SR510 (WABASSO CAUSEWAY) BETWEEN US1 AND SRA1A, FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) MEMORANDUM OF AGREEMENT
(MOA) FOR ESTABLISHING AN ESCROW ACCOUNT 6
7i TRANSFER A CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FROM INDIAN RIVER MEDICAL CENTER TO AMERICAN AMBULANCE
SERVICES INC 7
7. J. HUD GRANT RENEWALS ON SHELTER PLUS CARE GRANT 7
7.K. ACCEPTANCE OF CHANGE ORDER NO. 12, NEW COUNTY EMERGENCY
OPERATIONS CENTER 8
7.L. APPROVAL OF RESOLUTION ADOPTING THE 2007 INDIAN RIVER COUNTY
EMERGENCY PLAN FOR HAZARDOUS MATERIALS 8
7.M. FINAL PAY WORK ORDER No. 3 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
June 19, 2007 2
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES CONTRACT NO.
0534, 8TH STREET BRIDGE AT 74THAVENUE(PROJECT NO. 03107-B) 8
7.N. FDEP HURRICANE RECOVERY AGREEMENT NO. H51R1, AMENDMENT NO. 3 9
7.0. SELECTION OF MOVING COMPANY FOR ADMINISTRATION BUILDING MOVE 9
7.P. BILL BOYSTON'S BOYDSTON'S REQUEST FOR FINAL PLAT APPROVAL FOR A
COMMERCIAL PLANNED DEVELOPMENT TO BE KNOWN AS PROTRANSMASTERS
IIP.D. (QUASI JUDICIAL) 10
7.Q. MISCELLANEOUS BUDGET AMENDMENT 021 10
7.R. FIRST AMENDMENT TO MASTER PURCHASE AGREEMENT WITH NEC UNIFIED
SOLUTIONS 10
7.S. PROFESSIONAL SERVICES TECHNICAL SUPPORT, WORK ORDER NUMBER 8 11
7. T. LOCAL OPTION GAS TAX DISTRIBUTION PERCENTAGES 11
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE 11
9. PUBLIC ITEMS 11
9.A. PUBLIC HEARINGS 11
9.A.1. COUNTY INITIATED REQUEST FOR APPROVAL OF SMALL SCALE
COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS TO
REDESIGNATE 1.32 ACRES FROM C-1 TO L-1 AND TO REZONE THOSE 1.32
ACRES FROM CON -1 TO RS -3; AND TO REDESIGNATE 7.6 ACRES FROM REC TO
L-1; AND TO REDESIGNATE 6.76 ACRES FROML-1 TO REC; AND TO
REDESIGNATE 2.42 ACRES FROML-1 TO C-1 AND TO REZONE THOSE 2.42
ACRES FROM RS -3 TO CON -1 (LEGISLATIVE) 12
9.A.2. CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS
PROPERTIES FOR AFFORDABLE HOUSING (ADMINISTRATIVE) 15
9.A.3. PAVING & DRAINAGE IMPROVEMENTS TO 10TH COURT SW FROM 9TH STREET
SW (OSLO ROAD) TO 7TH STREET SW INCLUDING THE INTERSECTING STREETS
(8TH STREET SW AND 7TH STREET STI) IN OSLO PARK SUBDIVISION -IRC
PROJECT NO. 0436 (ADMINISTRATIVE) 18
June 19, 2007 3
9.A.4. AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION 101- COUNTY
OFFICERS (LEGISLATIVE) 22
9.B. PUBLIC DISCUSSION ITEMS 26
9.B.1. REQUEST TO SPEAK FROM MR. WILLIAM WELLS REGARDING DOCK BUILT ON
NEIGHBORING PROPERTY WITHOUT PERMIT. VIOLATION OF DEP
REQUIREMENTS 26
9.B.2. REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN OF GROWTH
AWARENESS COMMITTEE, REGARDING THE HIRING OFA TRAFFIC ENGINEER
FOR INDIAN RIVER COUNTY 29
9.B.3. REQUEST TO SPEAK FROM BEA GARDNER REGARDING ROLL CALL VOTES 29
9.C. PUBLIC NOTICE ITEMS NONE 29
10. COUNTY ADMINISTRATOR'S MATTERS -NONE 30
11. DEPARTMENTAL MATTERS 30
11.A. COMMUNITY DEVELOPMENT -NONE 30
11.B. EMERGENCY SERVICES -NONE 30
11. C. GENERAL SERVICES NONE 30
11.D. HUMAN RESOURCES -NONE 30
11.E. HUMAN SERVICE -NONE 30
11.F. LEISURE SERVICESNONE 30
11. G. OFFICE OF MANAGEMENT AND BUDGET -NONE 30
11.H. RECREATION -NONE 30
11.L PUBLIC WORKS NONE 30
11.J. UTILITIES SERVICES 30
11.J.1. US 1 FROM THE SOUTH RELIEF CANAL TO SOUTH OF OSLO ROAD -
RESOLVE CONFLICTS BETWEEN DRAINAGE AND WATER AND SEWER FORCE
MAIN, APPROVAL OF WORK AUTHORIZATION DIRECTIVE NOS. 2007-005 AND
2007-006 31
June 19, 2007 4
11.J.2. 12TH STREET EAST OF 6THAVENUERESOLUTION OF CONFLICT
BETWEEN 8 -INCH WATER MAIN AND STORM DRAIN, WORK AUTHORIZATION
DIRECTIVE NO ""'004, 2007-008, UCP No. 2967 31
11.J.3. CHANGE ORDER No. 1 TO IRC CONTRACT 2006012 WITHPOOLEAND
KENT COMPANY OF FLORIDA, INC. FOR THE EXPANSION OF THE NORTHRO
PLANT 32
11.J.4. WINTER BEACH PARK SUBDIVISION PETITION WATER, 52ND AVENUE
NORTH OF 65TH STREET, INDIAN RIVER COUNTY PROJECT NO. UCP -2633,
RESOL UTIONI V FINAL ASSESSMENT 33
12. COUNTY ATTORNEY MATTERS 33
12.A. TOP HAT & TAILS SETTLEMENT OFFER 33
13. COMMISSIONER ITEMS 34
13.A COMMISSIONER GARY C. WHEELER, CHAIRMAN -NONE 34
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR NONE 34
13. C. COMMISSIONER WESLEY S. DAVIS-NONE 34
13.D. COMMISSIONER JOSEPH E. FLESCHER-NONE 35
13.E. COMMISSIONER PETER D. O'BRYAN 35
13.E.1. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO SEND A
LETTER OF OBJECTION REGARDING THE PROPOSED LAND SWAP BETWEEN ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE CORRIGAN FAMILY.
LETTER OF OBJECTION TO BE SENT TO SJR WMD GOVERNING BOARD,
GOVERNOR AND CABINET, STATE REPRESENTATIVES AND SENATORS 35
14. SPECIAL DISTRICTS AND BOARDS 38
14.A. EMERGENCY SERVICES DISTRICT 38
14.A.1. APPROVAL OF MINUTES FOR REGULAR MEETING OF MAY 22, 2007 38
14.A.2. EMERGENCY SERVICES PROGRESS REPORT 38
14.B. SOLID WASTE DISPOSAL DISTRICT 38
14.B.1. APPROVAL OF MINUTES FOR REGULAR MEETING OF MAY 22, 2007 38
June 19, 2007 5
14.B.2. WASTE MANAGEMENT REQUEST FOR FEE ADJUSTMENT 38
14. C. ENVIRONMENTAL CONTROL BOARD NONE 38
15. ADJOURNMENT 39
June 19, 2007 6
June 19, 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,
June 19, 2007, at 9:00 a.m. Present were Chairman Gary C. Wheeler, Vice Chair Sandra L.
Bowden, and 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
Maureen Gelfo, Clerk to the Board.
1. CALL TO ORDER
Chairman Wheeler 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.
June 19, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
1. Administrator Baird, on behalf of Joseph Paladin, requested deletion of Item 9.B.2.
"Request to Speak from Joseph Paladin."
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously made the
above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION HONORING THE VERO BEACH
HIGH SCHOOL GIRLS LACROSSE TEAM
Commissioner Davis read the Proclamation into the record. The Vero Beach High School
Girls Lacrosse Team was not present.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING JUNE 17 - 23, 2007,
AS AMATEUR RADIO WEEK
Chairman Wheeler read and presented the Proclamation to Mark Timblin, President of the
Vero Beach Amateur Radio Club.
5.C. PRESENTATION BY LARRY WAPNICK, PRESIDENT, VETERANS COUNCIL
OF INDIAN RIVER COUNTY VETERANS SERVICES
Larry Wapnick, President, Veterans Council of Indian River County Veterans Services,
acknowledged the caring and devotion of the Veterans Council. He presented the award for
community service and patriotism to Joel Herman, Veterans Services, who accepted on behalf of
Ron Tesnow and Becky Mitchell, who were not present.
June 19, 2007 2
5.D. PRESENTATION BY LARRY WAPNICK, PRESIDENT, VETERANS COUNCIL
OF INDIAN RIVER COUNTY, TO JOSE GUERRA, CHANNEL 10
Mr. Wapnick provided background information on Jose and Maria Guerra, the owners of
local TV Channel 10. Mr. Wapnick described the programming of Channel 10, which supports
the Veterans Council Freedom Forums and other valuable community programming He
presented the second award for community service and patriotism to Jose and Maria Guerra.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF MAY 1, 2007
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of May 1, 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 May 1, 2007, as written
and distributed.
7. CONSENT AGENDA
7.A. APPROVAL OF WARRANTS — .JUNE 1, 2007 -.JUNE 7, 2007
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for June
1, - June 7, 2007, as requested in the memorandum of June
7, 2007.
June 19, 2007 3
7.B. APPOINTMENT OF THE INDIAN RIVER COUNTY SCHOOL DISTRICT
APPOINTEE TO THE TRANSPORTATION DISADVANTAGED LOCAL
COORDINATING BOARD
The Board noted for the record the appointment of Ms. Ruth Freeman -Wheeler as the new
Director of Transportation, replacing the previous director Ms. Cookie Geyer, as the Seniors
Representative on the Transportation Disadvantaged Local Coordinating Board.
7.C. APPOINTMENT OF VERO BEACH REPRESENTATIVE APPOINTEE TO THE
METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY
COMMITTEE
The Board noted for the record the appointment of Mr. Herb Whittall, replacing Mr. Jack
Phillips, as the City of Vero Beach's Representative Appointee to the Metropolitan Planning
Organization Citizens Advisory Committee.
7.D. CITY OF FELLSMERE CHANGE IN APPOINTMENTS TO COUNTY
COMMITTEES AND REGIONAL BOARDS FOR 2007
The Board acknowledged the changes made in appointments by the Fellsmere City Council,
for the members of two (2) Boards: Treasure Coast League of Cities — Sara Savage, Member, and
Cheryl Hampton, Alternate; and Economic Development Council, Sara Savage, Member, and
Francisco Magana, Alternate; as requested by Jason R. Nunemaker, Fellsmere City Manager, in
the letter of June 8, 2007.
June 19, 2007 4
7.E. FEDERAL FISCAL YEAR 2007 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG)
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
Substance Abuse Council Advisory Board's
recommendations, and authorized the Chairman to sign the
grant applications and other necessary related documents,
for submittal to the State prior to the deadline of Friday,
June 29, 2007, as recommended in the memorandum of
June 12, 2007.
DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.F. WORK ORDER NO. 2 (ENGINEERING), CREECH ENGINEERS, INC.,
INDIAN RIVER COUNTY FAIRGROUNDS PROPERTY (HOBART PARK),
RELEASE OF RETAINAGE, IRC PROJECT NO. 0603, CONTINUING
PROFESSIONAL SURVEY SERVICES CONTRACT 0390
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Invoice Number 911729, dated 06/04/07, in the amount of
$2,761.00 for release of retainage, as recommended in the
memorandum of June 11, 2007.
June 19, 2007 5
7.G. ADDENDUM NO. 2 WORK ORDER No. 6, (ENGINEERING/SURVEY),
KINGS HIGHWAY EXTENSION, SOUTH, PHASE 1. OSLO ROAD
THROUGH 21ST ST. S. W , IRC PROJECT 0446, FINAL PAYMENT,
KIMLEY-HORN & ASSOCIATES, INC., CONTRACT 0390 /2005-2006
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Invoice Number 2996115, dated 04/30/07 in the amount of
$9,487.80 for Addendum No. 2 to Work Order No. 6 for
final payment and release of retainage, as recommended in
the memorandum of June 11, 2007.
7.H. SR51 O (WABASSO CAUSEWAY) BETWEEN US] AND SRA1A, FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) MEMORANDUM OF
AGREEMENT (MOA) FOR ESTABLISHING AN ESCROW ACCOUNT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Alternative No. 1, whereby the MOA is approved for the
Chairman's signature and $1,546,000.00 be transmitted to
the Florida Department of Transportation as payment for
Invoice #001, as recommended in the memorandum of June
11, 2007.
CERTIFIED COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
June 19, 2007 6
7.1. TRANSFER A CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FROM INDIAN RIVER MEDICAL CENTER TO AMERICAN
AMBULANCE SERVICES INC.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved a
transfer of the Class "B" Certificate of Public Convenience
and Necessity from Indian River Medical Center to
American Ambulance Services, Inc., to be effective for a
period of two (2) years from June 30, 2007, to June 30,
2009, as recommended in the memorandum of June 8,
2007.
CERTIFIED COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.J. HUD GRANT RENEWALS ON SHELTER PLUS CARE GRANT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
renewal agreement with HUD, and authorized the
Chairman to execute the renewal agreement and to allow
the Treasure Coast Homeless Services Council to submit
the grant agreement on behalf of the County, as
recommended in the memorandum of June 12, 2007.
CERTIFIED COPY AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
June 19, 2007 7
7.K. ACCEPTANCE OF CHANGE ORDER No. 12, NEW COUNTY EMERGENCY
OPERATIONS CENTER
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Change Order No. 12, and authorized the Chairman to
execute same, as recommended in the memorandum of
June 13, 2007.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. APPROVAL OF RESOLUTION ADOPTING THE 2007 INDIAN RIVER
COUNTY EMERGENCY PLAN FOR HAZARDOUS MATERIALS
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Resolution No. 2007-066, approving the Indian River
County Hazardous Materials Emergency Plan.
7.M. FINAL PAY WORK ORDER No. 3 (ENGINEERING) WITHARDAMAN &
ASSOCIATES, INC. PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES CONTRACT NO. 0534, 8111 STREET BRIDGE AT 74111 AVENUE
(PROJECTNO. 03107-B)
June 19, 2007 8
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
payment to Ardaman & Associates, Inc. for Invoice
Number SL -007151 for full payment of Work Order No. 3,
as recommended in the memorandum of June 12, 2007.
7.N. FDEP HURRICANE RECOVERY AGREEMENT NO. H51R1,
AMENDMENT NO. 3
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved and
authorized execution of Amendment No. 3 to FDEP Grant
Agreement No. H51R1, as recommended in the
memorandum of June 11, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.0. SELECTION OF MOVING COMPANY FOR ADMINISTRATION BUILDING
MOVE
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved to
waive the normal sealed bid requirements and accept the
written quotes as being properly competitive, and
authorized staff to utilize the services of Coastal Van Lines,
Inc. in conjunction with Rentacrate Inc., as per unit prices
June 19, 2007 9
included within the submitted proposal, as recommended in
the memorandum of June 13, 2007.
7.P. BILL BOYSTON'S BOYDSTON'S REQUEST FOR FINAL PLAT APPROVAL
FOR A COMMERCIAL PLANNED DEVELOPMENT TO BE KNOWN AS
PROTRANSMASTERS H P.D. QUASI-JUDICIAL)
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously granted final
Plat approval for Protransmasters II P.D., as recommended
in the memorandum of June 11, 2007.
7.Q. MISCELLANEOUS BUDGET AMENDMENT 021
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Resolution No. 2007-067, amending the Fiscal Year
2006-2007 Budget.
7.R. FIRST AMENDMENT TO MASTER PURCHASE AGREEMENT WITH NEC
UNIFIED SOLUTIONS
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously authorized the
County Administrator or his designee to approve the First
Amendment to the Master Purchase Agreement, as
recommended in the memorandum of June 13, 2007.
June 19, 2007 10
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.S. PROFESSIONAL SERVICES TECHNICAL SUPPORT, WORK ORDER
NUMBER 8
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Work Order Number 8 (not to exceed $73,770.00) to the
Professional Services Consulting Agreement with
Geographic Technologies Group, and authorized the
County Administrator to execute the approved Work Order,
as recommended in the memorandum of June 14, 2007.
7.T. LOCAL OPTION GAS TAX DISTRIBUTION PERCENTAGES
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
2006/2007 revenue distribution percentages effective
10/01/07, as recommended in the memorandum of June 11,
2007.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
June 19, 2007 11
9.A.1. COUNTY INITIATED REQUEST FOR APPROVAL OF SMALL SCALE
COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS TO
REDESIGNATE 1.32 ACRES FROM C-1 TO L-1 AND TO REZONE THOSE
1.32 ACRES FROM CON -1 TO RS -3; AND TO REDESIGNATE 7.6 ACRES
FROM REC TOL-1; AND TO REDESIGNATE 6.76 ACRES FROM L-1 TO
REC; AND TO REDESIGNATE 2.42 ACRES FROM L-1 TO C-1 AND TO
REZONE THOSE 2.42 ACRES FROMRS-3 TO CON -1 (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating explained that the Comprehensive Plan
Amendments and rezonings would allow a future three-way land exchange agreement between
Windsor, the State of Florida, and the County, to go forward with the correct land use designations
and zonings.
Through a PowerPoint presentation (copy on file), Director Keating displayed maps,
illustrated boundaries, and detailed the current and proposed land use and zoning designations for
each parcel that would be involved in the land swap.
Director Keating revealed that the land exchange agreement would involve 8.92 acres of
public land being swapped to Windsor in exchange for 9.1 acres of Windsor property. This would
allow Windsor to have one consolidated development instead of having Golden Sands Park (to be
reconstructed by Windsor) separate the development in the middle. Director Keating revealed
that there would be a County owned 50' wide Conservation Easement on the south side, and 1.73
acres of the aforementioned 9.1 acres would go to the State.
June 19, 2007 12
Director Keating discussed the four criteria (1) Concurrency; (2) Comprehensive Plan
Consistency; (3) Environmental Impact; and (4) Compatibility, which staff used to analyze the
Comprehensive Plan Amendments. He noted that 2.42 acres of conservation land would provide
a 1.75 -foot buffer between Golden Sands Park and the Sanderling Subdivision. In conclusion,
Director Keating asked the Board for approval of the six Ordinances relative to amending the land
use and rezoning designations.
Commissioner O'Bryan asked Director Keating to explain any change in total densities for
Windsor; questioned whether the State had approved the swap, and if the new park would be built
to County specifications. Director Keating disclosed that Windsor would have less density after
the exchange, due to decreased acreage of developed land. He related that the new park would be
built to County specifications and that the State formally approved the swap.
Chairman Wheeler asked whether the original $1 million contribution from Windsor to the
County (as part of the land swap) was still in place. Director Keating affirmed that it was.
The Chairman opened the public hearing.
Bob Rountree, Sanderling Subdivision, aired the concerns of the Sanderling Property
Owners Association, that had been advised by Windsor that the County would provide them with a
500' buffer between their property line and Golden Sands Park. Mr. Rountree spoke about the
problems resulting from having the beach in such close proximity. He felt the Sanderling Property
Owners would be adversely impacted without the buffer.
Todd Sutherland, Vero Beach, asked for additional clarification of the land uses of the
involved properties, and also inquired about the 500' buffer. Director Keating further explained
the land usages, and Administrator Baird declared that the land transfer has always involved 175
feet of buffer, which the County felt would provide a substantial buffer.
June 19, 2007 13
There were no additional speakers and the Chairman closed the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously adopted the
following Ordinances:
Ordinance No. 2007-016, amending the future land use
element of the Comprehensive Plan by changing the land
use designation for ± 1.32 acres located east of AlA and
740 feet south of Hammock Way, from C-1,
Conservation -1, to L-1, Low -Density Residential -1 (up to 3
units/acre); and providing codification, severability, and
effective date.
Ordinance 2007-017, amending the future land use
element of the Comprehensive Plan by changing the land
use designation for ± 7.6 acres located east of Al A and 820
feet south of Hammock Way, from REC, Recreation, to
L-1, Low -Density Residential -1 (up to 3 units/acre); and
providing codification, severability, and effective date.
Ordinance 2007-018, amending the future land use
element of the Comprehensive Plan by changing the land
use designation for ± 6.76 acres located east of AlA and
June 19, 2007 14
1830 feet south of Hammock Way, from L-1, Low -Density
Residential -1 (up to 3 units/acre), to REC, Recreation; and
providing codification, severability, and effective date.
Ordinance 2007-019, amending the future land use
element of the Comprehensive Plan by changing the land
use designation for ± 2.42 acres located east of AlA and
460 feet north of Wicklow Way, from L-1, Low -Density
Residential -1 (up to 3 units/acre), to C-1, Conservation -1;
and providing codification, severability, and effective date.
Ordinance 2007-020, amending the zoning ordinance and
zoning map for ± 1.32 acres located east of AlA and 740
feet south of Hammock Way, from CON -1, Public Lands
Conservation (Zero Density), to RS -3, Single Family
Residential (up to 3 units/acre); and providing codification,
severability, and effective date.
Ordinance 2007-021, amending the zoning ordinance and
zoning map for ± 2.42 acres located east of Al and 460
feet north of Wicklow Way, from RS -3, single family
residential (up to 3 units/acre), to CON -1, Public Lands
Conservation (Zero Density); and providing codification,
severability, and effective date.
9.A.2. CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS
PROPERTIES FOR AFFORDABLE HOUSING (ADMINISTRATIVE)
June 19, 2007 15
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating disclosed that Statutory requirements
obligate Counties to provide a list of County owned lands suitable for affordable housing, and to
adopt a Resolution regarding the list and the properties. Through a PowerPoint presentation
(copy on file), he detailed the selection criteria for the ten (10) properties that had been deemed
appropriate for affordable housing.
Director Keating recapped Sasan Rohani's memorandum of June 11, 2007. He described the
three options available to the Board: (1) sell property to generate funds for the local housing trust
fund (SHIP program); (2) sell property with restriction to developers for the provision of
affordable housing; and (3) donate property to a non-profit housing organization. Director
Keating detailed the pros and cons of each option, as outlined on pages 180 and 181 of the backup.
Director Keating elaborated on the conditions for staff's recommendation, Option 3, which
mandates that the non-profit beneficiary of the County land must establish a Community Land
Trust (CLT), which allows the trust to own the land, and to construct a housing unit that is sold
separately from the land. Mr. Keating related that the Coalition for Attainable Homes is the only
organization he knows of with the CLT. He presented staff's recommendation to approve the
Resolution supporting Option 3, and that the Board opt to sell the properties and contribute the
proceeds to the SHIP trust fund, if no request for the land has been received by October 1, 2007.
Vice Chair Bowden asked if the ten parcels were large enough for single-family homes, and
if they were so zoned, to which Director Keating replied, "Yes."
June 19, 2007 16
Commissioner Davis supported Option 3, and remarked that having the properties utilized
would resolve any code violations that may have existed and enhance the neighborhoods.
Commissioner Flescher inquired whether, if the Board chose Option 1, there was a time
constraint on the sale of the property. Director Keating said there was flexibility as to when the
land could be sold.
The Chairman opened the public hearing.
Bob Johnson, Coral Winds Subdivision, wanted to know if any of the ten properties were
located on 5th Street, the proposed fire station site, to which he was told, "No."
Jim Goldsmith, Chairman, Coalition for Attainable Homes, requested that the Board
proceed with Option 3, and conveyed that his organization would have a program administrator
who would be putting together a CLT for Board approval. He declared that the Coalition would
research the lots to see if they have clear titles.
Commissioner O'Bryan wanted to know how the Coalition for Attainable Homes would
work with Habitat for Humanity (Habitat). Mr. Goldsmith divulged that Habitat representatives
had told him that the lots did not meet their plan of operation.
Vice Chair Bowden inquired as to the timeframe for the houses that would be constructed on
the donated properties. Director Keating informed her that the timeframe, along with other
details, would be worked out and brought back to the Board.
Commissioner Flescher asked Mr. Goldsmith if he planned to address all levels of the
affordable housing designation. Mr. Goldsmith explained that the Coalition seeks to address the
June 19, 2007 17
needs of those earning 50% to 80% to 120% of the median annual income of $55,500.00, and he
added that the neighborhood and lot size would factor into the market.
Louise Hubbard, Coalition for Attainable Homes and Treasure Coast Homeless Services
Council, stated that if the Board approves Option 3, developers would have the ability to "take the
cost of the dirt" out of the house. The affordable housing groups would like to be able to secure
housing for people in the $40,000.00-$60,000.00 a year income range.
Joseph Paladin, Chairman, Growth Awareness Committee (a private sector organization)
supported Option 3 wholeheartedly.
Bob Pickett, 111 River Oak Drive, urged the Commissioners to support affordable housing.
There were no additional speakers, and the Chairman closed the public hearing.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2007-068, approving the list of County owned
properties appropriate for the provision of affordable
housing.
9.A.3. PAVING & DRAINAGE IMPROVEMENTS TO LOTH COURT SW FROM 9TH
STREET SW (OSLO ROAD) TO 7TH STREET SW INCLUDING THE
INTERSECTING STREETS (8TH STREET SW AND 7TH STREET SW) IN
OSLO PARK SUBDIVISION — IRC PROJECT No. 0436
(ADMINISTRATIVE)
June 19, 2007 18
Design Professional Engineer Mike Nixon recapped County Civil Engineer Michael
Mezzina's memorandum of May 30, 2007. He revealed that the cost of the paving project would
be $319,636.27, with property owners paying 75%. He talked about the cost break down per
property owner, five of whom had met with staff to discuss the expense. Mr. Nixon presented
staffs recommendation that the Board move ahead with this project, and invited questions from
the Board.
Commissioner O'Bryan asked if there would be a payment plan for the owners. Public
Works Director James Davis replied that the owners could spread payments out over five years, or
make interest-free payments within 90 days.
Chairman Wheeler opened the public hearing.
Anna Bischoff, Oslo Park Subdivision, stated that she and her husband had owned their
business for three years and had received only one notification, which informed them what their
assessment would be in May 2007. She was concerned about the lack of water and sewer, and felt
that it made little sense to pave the road and later have it torn up in order to install sewer lines.
Mrs. Bischoff felt the cost for the job seemed high, and opined that the Board should get another
quote on the project.
Steve Bischoff, Oslo Park Subdivision, voiced that the property owners had not been clear
on what they were getting. He reiterated the need for utilities, and pointed out that the existing
septic tanks in the area were not good for the aquifer.
Peter Frank, 836 10th Court (Oslo Park Subdivision), also said the first notice he received
was the assessment notification. He wanted to know if the property owners would be getting
sidewalk or swale and agreed with the Bischoffs that sewer should be included in the project. Mr.
June 19, 2007 19
Frank noted that he has already had to pay for sidewalk going all around his property, as part of his
site plan.
At Chairman Wheeler's request, Mr. Nixon provided more details regarding the project.
Chairman Wheeler inquired about putting in utilities, and Administrator Baird suggested that the
Utilities Department meet with the property owners to discuss the cost for putting in sewer.
Utilities Director Erik Olson stated that Utilities would coordinate with Engineering to draft
a cost estimate.
Steve Bischoff made inquiries as to how the impact fees paid by County residents were used.
Administrator Baird informed him that impact fees would not pay for this project, which arose
from voluntary requests for paving, to which the County contributes 25%. He pointed out that no
requests for sewer had accompanied the original petition.
Joseph Paladin wanted to know if there were going to be sidewalks, and if the swales would
be used to convert or store water. Chairman Wheeler informed him the swales would be used to
convey water, and that sidewalks would place an additional cost burden on the property owners.
Vice Chair Bowden suggested that since this item has been on the books for three years, the
County should recheck with the homeowners to see if they still wanted to proceed.
Administrator Baird recommended having the Board postpone this item so staff could
research and bring back information on the following three issues: (1) sewer; (2) the cost
differential between property owners who have and have not escrowed; and (3) sidewalk. He also
felt it would be beneficial to have another meeting with the current property owners.
June 19, 2007 20
Discussion ensued among the Commissioners, Attorney Collins, and Director Davis
regarding the advisability of sending future notices to the property owners via certified mail, with
Commissioner Davis advocating the use of same, particularly regarding this project.
Attorney Collins said that if information is received on the utilities pricing in a couple of
weeks, the public hearing could be continued on July 17 or July 24, 2007. At that time, if the
consensus is to include sewer, the item could be re -advertised as a combined project; if not, a
determination could be made whether or not to proceed with paving.
Steve Bischoff asked about bids, and Administrator Baird replied that the paving project
would be bid out with a "not to exceed" cap. Mr. Bischoff expressed interest in having the project
involve more of the neighborhood roads. Mr. Bischoff was advised to contact Director Davis to
find out the locations of nearby paving projects so the property owners could decide which roads
needed paving, and then come forward to the Board.
Director Davis, in response to Mr. Paladin's query, provided more details on the drainage.
There were no additional speakers and the Chairman closed the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
to postpone Item 9.A.3., Paving & Drainage Improvements
to 10th Court SW, from 9th Street SW (Oslo Road) to 7th
Street SW Including the Intersecting Streets (8th Street SW
and 7th Street SW) in Oslo Park Subdivision — IRC Project
No. 0436, to a public hearing to be held on July 24, 2007.
June 19, 2007 21
Clerk's Note: The Chairman called for a recess at 10:48 a.m. and he reconvened the meeting
at 10:59 a.m.
9.A.4. AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION 101— COUNTY
OFFICERS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Attorney Collins stated that about six weeks ago, the Board of County Commissioners had
decided to re -organize their support staff by eliminating the position of Executive Aide to the
Commission as a County officer, and to provide for Commissioner Assistants
Attorney Collins outlined the duties and terms of the Commissioner Assistants as provided in
Section 101.07 of the proposed Ordinance (Page 242 of the backup) and recapped Section 101.08
(Page 242 of the backup) regarding Board -Employee relations. Commissioner Davis did not see
the necessity for the Ordinance to address the Commissioner Assistant positions. Commissioner
Flescher and Vice Chair Bowden agreed. Attorney Collins stated that the section referencing the
Commissioner Assistant position would be deleted, with the Human Resources department
handling the job description.
Vice Chair Bowden suggested making the Commissioner Assistant an "at will" employee.
Commissioner Wheeler opposed this designation, declaring that it could place an employee in an
unfair position of being involved in the politics of the Commissioner he/she is working for.
Commissioner Davis believed that the existing employees should receive protection, and that the
"at will" designation could be re-examined in the future. Vice Chair Bowden disagreed and
declared that the desired goal was professional service. Attorney Collins clarified that only the
new, and not the current employees, could be made "at will".
June 19, 2007 22
Vice Chair Bowden pointed out that since the current employees work for all five
Commissioners, staff could not be given directives without a meeting of the entire Commission.
She would like for the staff to be placed under the County Administrator's direction until the new
assistants are hired. Commissioner Davis felt that this would facilitate the transition, and
Commissioner Flescher added that it might provide an additional training resource for new staff
members.
The Chairman opened the public hearing.
Bea Gardner, Vero Beach, agreed that the Commissioners would benefit from having
individual assistants and recommended that the Board include an office manager in the
reconfiguration of the office.
Commissioner Davis wanted to know whom the office manager would answer to, and he and
Vice Chair Bowden agreed that it was important to move away from the situation where one
person must answer to five Commissioners. Chairman Wheeler suggested the receptionist could
manage the daily office operations, but not the individual assistants.
Renee Renzi, Waverly Place, wanted to know if the office restructuring would increase
County payroll costs. Administrator Baird made clear that discontinuing the Executive Aide
position, and going to any of the options, would result in a savings. Commissioner Davis
interjected that by going in this direction, the Board was also dispensing with a contract that could
become a liability. Ms. Renzi asked if present personnel could apply for the Commissioner
Assistant positions, to which she was told, "Yes."
Joseph Paladin, supported the reorganization with the utilization of five Commissioner
Assistants and one receptionist.
June 19, 2007 23
Darcy Vasilas, Interim Executive Aide (former assistant to the Executive Aide), provided a
hand out (copy on file) that detailed her proposed Option 6, asking the Board to consider the hiring
of five individual Commissioner Assistants and the addition of an Office
Coordinator/Receptionist. She asked that she be issued the position of Office Coordinator. Ms.
Vasilas would accept a pay reduction. She disclosed that by eliminating the Executive Aide
position and selecting Option 6, the County could effect a 25% budget cut in personnel.
Detailed discussion ensued among the Commissioners, Human Resources Director James
Sexton, Attorney Collins, and Ms. Vasilas regarding Option #6 and the proposed Office
Coordinator's responsibilities, pay grade, financial considerations, and organizational structure.
The Commissioners, with the exception of Chairman Wheeler, wanted to place the position under
the direction of the County Administrator. Ms. Vasilas requested that the two other staff members
be moved into the Commissioner Assistant positions without having to apply or go through
probation again.
There were no additional speakers and the Chairman closed the Public Hearing.
After input from Attorney Collins, Vice Chair Bowden presented the following motion:
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously adopted
Ordinance No. 2007-022, amending the Indian River Code
of Ordinances, Sections 101.03, County Officers; Section
101.07, the Executive Aide to the Commission; Section
101.08, Board of County Commissioners employee
relations; eliminating the position of Executive Aide to the
June 19, 2007 24
Commission; providing for codification; providing for
severability; and providing for an effective date.
Vice Chair Bowden MOVED to retain the three individuals
currently working, and to move forward with the five
Commission Assistant positions, with two new Assistants
being "at will"; and to direct staff to research how other
counties structure the position of Office Coordinator,
whether it falls under the Board of Commissioners or
County Administrator. MOTION DIED for lack of a
second
Commissioner Davis did not agree with the two new employees being "at will." Chairman
Wheeler did not think it was prudent to add additional staff until the State Legislative Session
ends. He was opposed to the "at will" employees, and noted that all of the numbers being
discussed were based on the salary of the Executive Aide position, which no longer exists.
Lengthy discussion ensued among the Commissioners, Administrator Baird and Mr. Sexton
regarding how to handle overtime in the future, and whether to place the Commissioner Assistants
under Commissioner or County jurisdiction.
MOTION WAS AMENDED by Vice Chair Bowden,
SECONDED by Commissioner Davis, to retain the three
individuals currently working, and to move forward with
the five Commissioner Assistant positions, with two new
Assistants, in the interim; put staff under the County
Administrator, not "at will", and to direct staff to bring back
more information on the budgetary and structural
June 19, 2007 25
components of the five Commissioner Assistants, and the
possible Office Coordinator, for further consideration.
The Chairman CALLED THE QUESTION and by a 4-1
vote (Chairman Wheeler opposed), the Motion carried.
Clerk's Note: The Chairman called for a recess at 12:18 p.m. and reconvened the meeting at
12:32 p.m. with all members present.
9.B. PUBLIC DISCUSSION ITEMS
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
9.B.1. REQUEST TO SPEAK FROM MR. WILLIAM WELLS REGARDING DOCK
BUILT ON NEIGHBORING PROPERTY WITHOUT PERMIT. VIOLATION OF
DEP REQUIREMENTS
Mr. William Wells, 8800 44th Ave., presented the Board with a handout (copy on file)
providing a timeline detailing what he believed were the code violations regarding a dock, illegal
filling, boatlifts, an oversize stockade fence, an in-house generator, and a concrete wall, that were
installed on a neighboring property owned by Mr. Chestnut. He displayed a map depicting the
dock area, and described the steps he (Mr. Wells) had taken in order to get the County, Army
Corps of Engineers, and St. Johns River Water Management District (SJRWMD) to take
appropriate action on these violations.
June 19, 2007 26
Mr. Wells disclosed that Mr. Chestnut had received a permit for the sea wall which
encroaches upon his (Mr. Wells') property and extends past the survey pin, even though he (Mr.
Chestnut) has not had a final inspection. Mr. Wells felt there was a great inequity here, since he
himself had spent $4,000 to remove his driveway to comply with Code Enforcement.
Community Development Director Bob Keating said that Mr. Wells had met with staff, the
St. Johns River Water Management District, and the Department of Environmental Protection
(DEP). Commissioner O'Bryan wanted to know what exactly the County would be responsible
for.
Community Development Chief Roland DeBlois made observations regarding the dock and
permitting issues, and related that Mr. Chestnut had received a DEP permit and applied for a
second County permit for the dock extension. Chief DeBlois disclosed that the State had met
with Mr. Chestnut to discuss the removal or relocation of the boatlifts.
Commissioner O'Bryan wanted to know how long it would take for Mr. Chestnut to get the
proper permitting. Chief DeBlois stated that Mr. Chestnut immediately applied for the dock
permit and the item is slated to go before the Code Enforcement Board at the next July meeting.
He added that the Saint Johns River Water Management District and the DEP are addressing
some of the other issues mentioned by Mr. Wells.
Commissioner Wheeler wanted clarification from Mr. Wells on what issues the County
could address. Mr. Wells wanted to know why the seawall was allowed to remain oversized.
Chief DeBlois declared that the building department had rechecked the wall and concluded that it
had been built as permitted, as a regular or retaining wall, and not as a seawall. Director Buddy
Akins, Building Division, added that the length of the sea wall was not included when the building
permit was issued; the wall conformed to the site plan, and the permit was issued.
June 19, 2007 27
Chairman Wheeler asked Attorney Collins what the legal authority was of the Board.
Attorney Collins stated that Code Enforcement would deal with an illegal structure, while the St.
Johns River Water Management District would address any illegal filling issues.
Chief DeBlois revealed that Code Enforcement's focal point has been the shoreline
encroachment (the dock extension) issue. Code Enforcement is currently reviewing a punch list
they have received from Mr. Wells to see if there are any unpermitted items on the Chestnut
property.
Commissioner Flescher gave some background of his awareness of Mr. Wells' situation and
stated, for the record, that Mr. Wells had spent an exorbitant amount of time with County
government over the past few months. Administrator Baird acknowledged that his own meeting
with Mr. Wells had resulted in Director Buddy Akins re -inspecting the wall. Mr. Baird had
requested of Mr. Wells a survey of his property, but Mr. Wells has told him that no surveyor had
been willing to get involved. Commissioner Davis commented that it might be necessary for a
judge to solve this dispute.
Mr. Wells displayed a photo of Australian pines trees which encroached from the Chestnut
property to his land, and which blocked his view of the waterway. Chief DeBlois observed that the
trees were not illegal under County Code.
Mr. Wells voiced concern over the two natural gas tanks in the ground at the Chestnut
property, and about the concrete steps that are not shown on the survey. Chief DeBlois related that
a detailed review would be conducted of the permits that have been issued for Mr. Chestnut's
property, and Administrator Baird assured Mr. Wells that staff would be dispatched to reexamine
this situation.
There were no additional speakers and the Chairman closed the public hearing.
June 19, 2007 28
9.B. 2. REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN OF GROWTH
AWARENESS COMMITTEE, REGARDING THE HIRING OF A TRAFFIC
ENGINEER FOR INDIAN RIVER COUNTY
At Administrator Baird's request, on behalf of Joseph Paladin, this item was deleted from
today's agenda.
9.B.3. REQUEST TO SPEAK FROM BEA GARDNER REGARDING ROLL CALL
VOTES
Bea Gardner requested that the Board institute a roll call vote for purposes of clarity after
motions are made.
After discussion among Board Members, the
CONSENSUS was not to do a roll call vote, unless the
results of a voice vote were unclear or unless there were
items where an in depth discussion occurred. On
"boilerplate" issues, Chairman Wheeler would announce
the results of the vote and provide the names of dissenting
Commissioners.
The Chairman closed the public hearing.
NO ACTION REQUIRED OR TAKEN
9.C. PUBLIC NOTICE ITEMS -NONE
June 19, 2007 29
10. COUNTY ADMINISTRATOR'S MATTERS -NONE
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT -NONE
11.B. EMERGENCY SERVICES -NONE
H.C. GENERAL SERVICES -NONE
11.D. HUMAN RESOURCES -NONE
11.E. HUMAN SERVICE -NONE
11.F. LEISURE SERVICES -NONE
//.G. OFFICE OF MANAGEMENT AND BUDGET -NONE
11.H. RECREATION -NONE
R.I. PUBLIC WORKS -NONE
11.J. UTILITIES SERVICES
June 19, 2007 30
11.J.1. US 1 FROM THE SOUTH RELIEF CANAL TO SOUTH OF OSLO ROAD —
RESOLVE CONFLICTS BETWEEN DRAINAGE AND WATER AND SEWER
FORCE MAIN, APPROVAL OF WORK AUTHORIZATION DIRECTIVE Nos.
2007-005 AND 2007-006
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved the
project at a total estimated cost of $1,087,062.74, and
authorized the Chairman to execute Work Authorization
Directive No. 2007-005 to the Utilities Department Labor
Contractor, Underground Utilities, Inc. authorizing
payment to him of up to $523,540.16. The Board also
authorized the Chairman to execute Work Authorization
No. 2007-006 to the Utilities Department Labor Contractor,
Derrico Construction Corporation, authorizing payment to
him of up to $122,231.45, as recommended in the
memorandum of May 18, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.2. 12TH STREET EAST OF 6TH AVENUE RESOLUTION OF CONFLICT
BETWEEN 8 -INCH WATER MAIN AND STORM DRAIN, WORK
AUTHORIZATION DIRECTIVE No 2007 001, 2007-008, UCP No. 2967
Clerk's Note: Administrator Baird stated the Directive should be 2007-008, not 2007-001.
June 19, 2007 31
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
project at a total cost of $12,649.84, and authorized the
Chairman to execute Work Authorization Directive No.
2007-008 to the Utilities Department Labor Contractor,
authorizing payment to him of up to $7,578.00, as
recommended in the memorandum of June 5, 2007.
WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.3. CHANGE ORDER No. 1 TO IRC CONTRACT 2006012 WITH POOLE AND
KENT COMPANY OF FLORIDA, INC. FOR THE EXPANSION OF THE
NORTHRO PLANT
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order No. 1 to IRC Contract 2006012 with Poole
and Kent Company of Florida, Inc., to reduce the contract
in the amount $804,632.00, and authorized the Chairman to
execute said Change Order. The Board also authorized the
Purchasing Manager to direct purchase a maximum of
1,448 membranes at a cost of $525/membrane from
DOW/Film Tec in the total amount of $760,200.00, as
recommended in the memorandum of June 11, 2007.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
June 19, 2007 32
11..1.4. WINTER BEACH PARK SUBDIVISION PETITION WATER, 52" AVENUE
NORTH OF 65TH STREET, INDIAN RIVER COUNTY PROJECT NO.
UCP -2633, RESOLUTION IV, FINAL ASSESSMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2007-070, certifying "as -built" costs for
installation of water service to Winter Beach Park
Subdivision (52nd Avenue North of 65th Street) in Indian
River County, Florida, and such other construction
necessitated by such project; providing for formal
completion date, and date for payment without penalty and
interest.
12. COUNTY ATTORNEY MATTERS
12.A. TOP HAT & TAILS SETTLEMENT OFFER
Attorney Collins reported that the Planning and Zoning Commission (P&Z) had denied
permitting, fearing excessive noise levels among other concerns, for Mercer Beck Enterprises for
the commercial kennel, Top Hat & Tails, they wanted to build. He related that Mercer Beck had
then appealed to the County Commissioners, who upheld Planning & Zoning's denial of the
application. Attorney Collins recapped Assistant County Attorney George Glenn's memorandum
of June 13, 2007, relative to the settlement letter offer received from Bruce Barkett, the attorney
representing Mercer Beck Enterprises. He divulged that Mercer Beck Enterprises' architect,
June 19, 2007 33
Gregory Burke, had provided a letter and technical information on noise attenuation and had
offered to make a presentation before the Commissioners. Attorney Collins felt the presentation
might be helpful in the development of a record on the attenuation of kennel noise, and on making
a determination in this matter. He asked the Board to consider including this item for the July 10,
2007 meeting.
Commissioner Davis was opposed to the kennel, not because of the sound, but because it
would involve having an RS -3 zoning immediately adjacent to A-1 zoning.
Commissioner Flescher also voiced opposition to the kennel, not because of the sound or the
building structure, but because of concerns with the kennel's day-to-day operations and the
possibility of non -familiar animals agitating others and perhaps causing a dangerous situation.
Commissioner O'Bryan MOVED, seconded by Chairman
Wheeler, to approve staffs recommendation to rehear
some of the discussion on the noise attention in the site plan
modifications. By a 2-3 vote (Vice Chair Bowden,
Commissioners Flescher and Davis opposed) the Motion
FAILED.
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
June 19, 2007 34
13.D. COMMISSIONER JOSEPH E. FLESCHER-NONE
13.E. COMMISSIONER PETER D. O'BRYAN
13.E.1. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO SEND A
LETTER OF OBJECTION REGARDING THE PROPOSED LAND SWAP
BETWEEN ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE
CORRIGAN FAMILY. LETTER OF OBJECTION TO BE SENT TO SJRWMD
GOVERNING BOARD, GOVERNOR AND CABINET, STATE
REPRESENTATIVES AND SENATORS
Commissioner O'Bryan conveyed that the Board had, at a prior workshop meeting, heard
input from Robert Christianson, Director, St. Johns River Water Management District
(SJRWMD), who wanted to go forward with the land swap. At that meeting, the Board had also
received input from Charles Lee and Dr. Richard Baker, Audubon Society, and David Cox, all of
whom felt the exchange was not in the taxpayers' best interest. Commissioner O'Bryan declared
that the land should be held in conservation and remarked that it was an improper use of taxpayer
dollars to use conservation land as a settlement to potential legal issues. He felt this might set a
dangerous precedent, and he believed that SJRWMD had failed to investigate alternatives.
Commissioner O'Bryan requested that the Board send a letter of objection to SJRWMD as stated
on the agenda.
MOTION WAS MADE by Commissioner O'Bryan,
Seconded by Chairman Wheeler, under discussion, to send
a Letter of Objection to SJRWMD Governing Board,
Governor and Cabinet, State Representatives and Senators,
June 19, 2007 35
regarding the proposed land swap between St. Johns River
Water Management District and the Corrigan Family.
Commissioner Davis favored executing a resolution that would address retaining the land in
conservation, but did not feel comfortable delving into whether the settlement was or was not
appropriate. Commissioner Flescher noted that the participants in the land agreement might also
desire to keep the land in conservation.
Vice Chair Bowden felt that it might be premature to take action, believing that SJRWMD
had not yet made their decision. Attorney Collins added that some new environmental
information had been received, and a SJRWMD Board member had informed him that they would
make their final decision based on science. Commissioner O'Bryan clarified that "conservation
lands" are publicly owned lands and reported that this matter would go before SWRWMD Board
on July 10, 2007.
Dr. Baker, Audubon Society, felt that the land swap was a bad deal, because it involved
property that may be annexed into Fellsmere. He feared that this public land, which had been
purchased with conservation funds, could lose its C-1, Conservation, designation.
Commissioner O'Bryan wanted to rephrase his Motion to send a letter of objection based
upon the fact that the County felt that the land should remain in public ownership to be used for
conservation.
Vice Chair Bowden preferred to rephrase the letter to a positive. After further discussion
between Commissioners Davis and O'Bryan, as to the content of the letter, Commissioner
O'Bryan presented an amended Motion.
June 19, 2007 36
MOTION WAS AMENDED by Commissioner O'Bryan,
Seconded by Chairman Wheeler, to send a letter of
objection regarding the proposed land swap between St.
Johns River Water Management District and the Corrigan
Family, to SJRWMD Governing Board, Governor and
Cabinet, State Representatives and Senators, based upon
the fact that this land should remain in public ownership for
conservation.
Commissioner Flescher did not like the letter of objection. Vice Chair Bowden wanted to
work with St. Johns River Water Management District so the Board would have representation.
Commissioner Davis wanted to send a letter of support for the property to remain in conservation
and in public ownership. He also wanted the County to be in the position of purchasing the
property should SJRWMD decide to surplus it.
The Chairman CALLED THE QUESTION and by a 2-3
vote (Commissioners Davis, Bowden, & Flescher
opposed), the Motion FAILED.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
that a Resolution (2007-022) be sent to the SJRWMD
Governing Board, stating that the County would like to see
this piece of property kept in public ownership and in
June 19, 2007 37
conservation; and if the opportunity arises, for the County
to enter into a purchase.
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment of its regular BCC meeting,
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.
14.A.1. APPROVAL OF MINUTES FOR REGULAR MEETING OF MAY 22, 2007
14.A.2. EMERGENCY SERVICES PROGRESS REPORT
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 FOR REGULAR MEETING OF MAY 22, 2007
14.B.2. WASTE MANAGEMENT REQUEST FOR FEE ADJUSTMENT
14. C ENVIRONMENTAL CONTROL BOARD -NONE
June 19, 2007 38
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 1:38 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/MG/2007Minutes
June 19, 2007 39