HomeMy WebLinkAbout10/02/2007 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 2, 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
A. PRESENTATION BY ANTHONY YOUNG, GRANDSON OF THE FIRST MAYOR OF
VERO BEACH; RETIRED COLONEL OF THE UNITED STATES ARMY AND THE
BOOK MARKETING CHAIRMAN FOR THE INDIAN RIVER GENEALOGICAL
SOCIETY'S INDIAN RIVER COUNTY "POSTCARD HISTORY SERIES" 2
B. PRESENTATION BY AMY THOMA OF TIERRA VERDE BUILDERS ON THE GREEN
RESOLUTION FOR CONSIDERATION BY THE BOARD OF COUNTY
COMMISSIONERS TO APPLY TO THE FLORIDA GREEN BUILDING COALITION TO
BECOME CERTIFIED ASA GREEN LOCAL GOVERNMENT 3
6. APPROVAL OF MINUTES 4
A. REGULAR MEETING OF SEPTEMBER 4, 2007 4
6.B. BUDGET HEARING - SEPTEMBER 5, 2007 5
6.C. REGULAR MEETING OF SEPTEMBER 11, 2007 5
October 2, 2007 1
7. CONSENT AGENDA 5
7.A. REPORT PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD:
CONVICTIONS FOR THE MONTH OF AUGUST 2007 6
7.B. APPROVAL OF WARRANTS - SEPTEMBER 7-13, 2007 6
7.C. APPROVAL OF WARRANTS - SEPTEMBER 14 - 20, 2007 6
7.D. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF
COUNTIES 2008 LEGISLATIVE CONFERENCE AT THE WORLD GOLF VILLAGE
RENAISSANCE RESORT 6
7.E. CONTRACT FOR PURCHASE AND SALE OF OSLO ROAD STORMWATER
RETENTION AREA AND 20THAVENUERIGHT-OF-WAY 7
7.F. PROCLAMATION HONORING MAUREEN DERUSSO ON HER RETIREMENT FROM
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, SANDRIDGE
GOLF CLUB 7
7.G. VERO BEACH HIGH SCHOOL USE OF FAIR GROUNDS EXPO CENTER 7
7.H. OUT OF COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR 8
7i ECOLOGICAL ASSOCIATES INC., CONTRACT AMENDMENT NO. 3 8
7.J. GRANT OF EASEMENT BY INDIAN RIVER COUNTY TO THE CITY OF VERO BEACH
FOR PUBLIC UTILITIES - NEW COUNTY ADMINISTRATION BUILDINGS 8
7.K. INDIAN RIVER COUNTY ROCKRIDGE SUBDIVISION SURGE PROTECTION, FEMA
PROJECT 1545-59-R, MODIFICATION #1 TO FEDERALLY FUNDED SUBGRANT
AGREEMENT 9
7.L. REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR MANDALA
CLUB PLANNED DEVELOPMENT 9
7.M. APPROVAL OF RENEWAL OF A CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ARC OF INDIAN RIVER COUNTY TO
PROVIDE WHEELCHAIR SERVICES 10
7.N. 12TH STREET EAST OF 6TH AVENUE UTILITY CONFLICT RESOLUTION, WORK
AUTHORIZATION DIRECTIVE NO. 2007-007, UCP NO. 2967, APPROVAL OF
FINAL PAYMENT TO CONTRACTOR AND RELEASE OF RETAINAGE 10
7.0. DEDICATION OF FPL EASEMENT FOR NEW POWER TRANSFORMER AND
ASSOCIATED CIRCUITRY RELATED WITH THE NORTH COUNTY (HOBART) R.0.
WATER TREATMENT PLANT EXPANSION PROJECT 11
7.P. CR 512 1-95 TO ROSELAND ROAD - IRC PROJECT No. 9611, ADDENDUM #8,
October 2, 2007 2
TASK F, REQUEST FOR FINAL RELEASE OF RETAINAGE 11
7.Q. CR 512, PHASE III, CR 510 — PROJECT #9611 & 0001, BID NUMBER 200605
2006065, CHANGE ORDER No. 9 12
7.R. 79TH STREET (106TH AVENUE TO 101ST AVENUE), 87TH STREET (106TH AVENUE
TO 102ND AVENUE), PROJECT # 0535 & 0536, BID NUMBER 2007070, CHANGE
ORDER No. 1 12
7.S. APPROVAL OF WORK ORDER No. 3 (ENGINEERING) WITHA.M. ENGINEERING
AND TESTING, INC., 79TH STREET (106TH AVENUE TO 101ST AVENUE) AND 87111
STREET (106TH AVENUE TO 102ND AVENUE) ROADWAY IMPROVEMENTS, IRC
PROJECT # 0535 & 0536, BID NUMBER 2007070 12
7. T. THIRD PARTY CLAIMS ADMINISTRATION AGREEMENT 13
7.U. ACCEPTANCE CHANGE ORDER No. 32, FOR THE NEW COUNTY
ADMINISTRATIONBUILDINGS 13
7.V. ACCEPTANCE OF CHANGE ORDER No. 14, NEW COUNTY EMERGENCY
OPERATIONS CENTER 14
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 14
9. PUBLIC ITEMS - 14
A. PUBLIC HEARINGS 14
1. ROBERT PICKETT JR.'S REQUEST FOR ABANDONMENT OF
A PORTION OF 6TH AVENUE SW LYING IMMEDIATELY
SOUTH OF 7TH LANE SW (LEGISLATIVE) 14
9.A.2. PAVING & DRAINAGE IMPROVEMENTS TO 1ST ROAD
FROM 5TH AVENUE TO 32ND AVENUE IN VERO BEACH
HOMESITES SUBDIVISION - IRC PROJECT NO. 0522
(ADMINISTRATIVE) 15
October 2, 2007 3
9.A.3. AMENDMENT TO CHAPTER 972 OF THE CODE OF INDIAN
RIVER COUNTY TO LIMIT THE NUMBER OF TEMPORARY
VEHICLE SALES (LEGISLATIVE) 17
9.B. PUBLIC DISCUSSION ITEMS 19
1. REQUEST TO SPEAK FROM DR. MICHAEL WEISS REGARDING CHANGES IN
CODES FOR SOLAR ENERGY USE IN PUBLIC FACILITIES 19
2. REQUEST TO SPEAK FROM JOSEPH PALADIN, PRESIDENT OF BLACK SWAN
CONSULTING REGARDING TAKE PERMIT FOR TORTOISE'S AND NEW LAW AS OF
JULY 31, 2007 19
9.C. PUBLIC NOTICE ITEMS 22
1. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 9, 2007: 22
A. CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 911 AND 915 OF THE
LAND DEVELOPMENT REGULATIONS TO IMPLEMENT COMPREHENSIVE PLAN
CHANGES TO FLUE POLICY 5.8 (AGRICULTURAL PDS) [QUASI-JUDICIAL] 22
B. KALYNA'S DAY CARE: REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A
CHILD CARE FACILITY TO BE KNOWN AS KALYNA'S DAY CARE. HELEN
JACKSON, OWNER, KENNETH JACKSON, AGENT. LOCATED AT 398145TH PLACE.
ZONING CLASSIFICATION: RS -6, RESIDENTIAL SINGLE-FAMILY (UP TO 6
UNITS/ACRE). LAND USE DESIGNATION: L-2, LOW DENSITY RESIDENTIAL (UP
TO 6 UNITS/ACRE). [QUASI-JUDICIAL] 22
2. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 16, 2007: 22
A. CONSIDERATION OF AN APPLICATION FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR A CLASS "E" CERTIFICATE FROM
MEDICAL TRANSPORTATION SPECIALISTS (ADMINISTRATIVE) 22
10. COUNTY ADMINISTRATOR MATTERS - NONE 22
11. DEPARTMENTAL MATTERS 22
A. COMMUNITY DEVELOPMENT 22
October 2, 2007 4
1. THE FLORIDA RESEARCH CENTER FOR AGRICULTURAL SUSTAINABILITY,
INC. 'S APPEAL OF THE PLANNING AND ZONING COMMISSION'S APPROVAL OF
THE ST. AUGUSTINE AT VERO BEACH PRELIMINARY PLAT APPLICATION
(QUASI-JUDICIAL) 22
11.A.2. CONSIDERATION OF PUBLIC HEARING DATE REGARDING HARRY
TANNER'S PETITION TO DESIGNATE A 1.3 MILE SEGMENT OF OLD DIXIE
HIGHWAY SOUTH OF CR 512 As A HISTORIC ROAD 24
11.B. EMERGENCY SERVICES - NONE 24
11.C. GENERAL SERVICES 24
1. FORMER ELECTIONS OFFICE MODULAR 24
11.C.2. REQUEST FOR TOUR OF NEW FACILITIES 24
11.D. HUMAN RESOURCES - NONE 24
11.E. HUMAN SERVICES - NONE 24
11.F. LEISURE SERVICES — NONE 24
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 24
11.H. RECREATION 25
1. LIGHTNING PREDICTION SYSTEM 25
11.I.1 PUBLIC WORKS — NONE 25
11.J. UTILITIES SERVICES — 25
1. 1sT ROAD FROM 35TH AVENUE TO 32ND AVENUE IN VERO HOMESITES UNIT NO.
1, UCP # 2984, WATER SYSTEM CONFLICT RESOLUTIONS, WORK
October 2, 2007 5
AUTHORIZATION DIRECTIVE No. 2007-010 25
12. COUNTY ATTORNEY MATTERS - NONE 25
13. COMMISSIONERS' ITEMS 25
A. COMMISSIONER GARY C. WHEELER, CHAIRMAN 25
1. PIPER AIRCRAFT 25
B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIRMAN -
NONE 26
C. COMMISSIONER WESLEY S. DAVIS - NONE 26
D. COMMISSIONER JOSEPH E. FLESCHER- NONE 26
E. COMMISSIONER PETER D. O'BRYAN 26
1. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO ADOPT THE GREEN
RESOLUTION 26
14. SPECIAL DISTRICTS AND BOARDS 28
A. EMERGENCY SERVICES DISTRICT 28
1. APPROVAL OFMINUTES - MEETING OF SEPTEMBER 4, 2007 28
2. ADDITIONAL STAFFING AT FIRE -RESCUE STATIONS 6AND 11 29
B. SOLID WASTE DISPOSAL DISTRICT 29
1. APPROVAL OF MINUTES - MEETING OF SEPTEMBER 4, 2007 29
2. CANCEL 2007 PETITION HEARING - SOLID WASTE DISPOSAL DISTRICT
October 2, 2007 6
ASSESSMENT FEES 29
C. ENVIRONMENTAL CONTROL BOARD - NONE 29
15. ADJOURNMENT 29
October 2, 2007 7
October 2, 2007
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, October 2, 2007. 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 Athena Adams.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Commissioner Wesley S. Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chair Sandra L. Bowden led the Pledge of Allegiance to the Flag.
October 2, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS
1. Chairman Wheeler requested that Item 13.A. "Piper Aircraft" be deleted
in light of the Special Call Meeting at 1:30 this afternoon to discuss the
Piper Proposal. He announced that if the BCC meeting could not be
finished on time, they would break at 12 noon, reconvene at 1:30 p.m., for
the Special Call "Piper" meeting, then return to the regular BCC meeting
thereafter.
2. Commissioner O'Bryan requested to move Item 13.E.1. to immediately
follow Item 5.B., as the two items were related. He informed the Board
that Item 13.E.2. was not an Agenda item and needed to be deleted.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
A. PRESENTATION BY ANTHONY YOUNG, GRANDSON OF THE FIRST
MAYOR OF VERO BEACH; RETIRED COLONEL OF THE UNITED
STATES ARMY AND THE BOOK MARKETING CHAIRMAN FOR THE
INDIAN RIVER GENEALOGICAL SOCIETY'S INDIAN RIVER COUNTY
"POSTCARD HISTORY SERIES"
Anthony Young introduced the book "Post Card History Series Indian River
County," which was compiled by the Indian River Genealogical Society from a selection of post
cards, depicting the history and legacy of the County from the early 1800s. He announced that
October 2, 2007 2
profits from the sale of the book would go towards community support, specifically the Library's
Genealogy Department, as well as projects in support of local history.
The Book may be obtained at various locations throughout the County, including the
Library Gift Shop, and all major retailers. Mr. Young introduced Committee members who
presented signed copies of the Book to Board members: Cindy Davis, Past President of the Indian
River Genealogical Society presented to Chairman Wheeler; Susie Bromwell presented to Vice
Chair Bowden; Ellen Stanley presented to Commissioner Flescher; Tom Garvey, Society
Treasurer presented to Commissioner Davis; and Nancy Garvey presented to Commissioner
O'Bryan. Mr. Young acknowledged the wealth of information he received from Pam Cooper.
Vice Chair Bowden announced that the book was also available at Corey's
Pharmacy on the beach and at the Vero Beach Book Center.
B. PRESENTATION BY AMY THOMA OF TIERRA VERDE BUILDERS ON
THE GREEN RESOLUTION FOR CONSIDERATION BY THE BOARD OF
COUNTY COMMISSIONERS TO APPLY TO THE FLORIDA GREEN
BUILDING COALITION TO BECOME CERTIFIED AS A GREEN LOCAL
GOVERNMENT
Commissioner O'Bryan introduced Amy Thoma, and reminded the Board that this
presentation relates to his prior request for the adoption of a "green" resolution to have the County
certified as a "Green Local Government", and the subsequent desire of Board members for more
information on the matter.
Amy Thoma presented a brief history of the Florida Green Building Coalition, and
outlined the Coalition's Mission, which is to lead a statewide program that defines, promotes, and
encourages sustainable green building standards that have positive environmental and economic
benefits. She introduced other members of the group: Susan Cook, Executive Director who
October 2, 2007 3
provided more information on the local government standards; Kelly Brown from Habitat for
Humanity who spoke about establishing a green team and how funds and points are raised in this
process; and Himanshu Mehta, Solid Waste Disposal District, who explained how some County
departments were already utilizing the "green process" in their daily operations.
Other Committee members spoke on behalf and in support of the County becoming
"green": Susan Olson of the School District, Nancy Wood of Indian River Green Team, Christine
Kelly-Begasso, Indian River County Extension Director, Nancy Offutt, Government Affairs
Director for Treasure Coast Builders Association, Judy Orcutt of the Sustainability Committee,
Jens Tripson of Pelican Island Audubon Society, David Cox of Periwinkle Lane and a member of
the Florida Green Building Coalition. They all urged the Board to approve the resolution.
Commissioner Flescher remarked that Schools were not entirely in keeping with a
"green" environment. Commissioner O'Bryan thought that was even more reason for us to move
forward with the "green" initiative.
(Clerk's Note: Item 13.E. 1 was heard immediately following Item 5.B, above and is
placed in Agenda order below. Thereafter, the Chairman called a recess at 10:38 a.m., and
reconvened the meeting at 10:50 a.m., with all members present.
6. APPROVAL OF MINUTES
A. REGULAR MEETING OF SEPTEMBER 4, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of September 4, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
October 2, 2007 4
the Minutes of the Regular Meeting of September 4, 2007,
as written.
6.B. BUDGET HEARING - SEPTEMBER 5, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Budget Hearing of September 5, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Budget Hearing of September 5, 2007, as
written.
6.C. REGULAR MEETING OF SEPTEMBER II, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of September 11, 2007.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of September 11, 2007, as
written.
7. CONSENT AGENDA
October 2, 2007 5
7.A. REPORT PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD:
CONVICTIONS FOR THE MONTH OF AUGUST 2007
The Board acknowledged the Report on file.
7.B. APPROVAL OF WARRANTS - SEPTEMBER 7-13, 2007
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of September 7 - 13, 2007, as requested.
7.C. APPROVAL OF WARRANTS - SEPTEMBER 14 - 20, 2007
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of September 14 - 20, 2007, as requested.
7.D. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION
OF COUNTIES 2008 LEGISLATIVE CONFERENCE AT THE WORLD
GOLF VILLAGE RENAISSANCE RESORT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved out
of County travel for Commissioners and staff to attend the
Florida Association of Counties 2008 Legislative
Conference, at the World Golf Village Renaissance Resort,
from Wednesday, November 14, 2007, to Friday,
November 16, 2007, as requested in the memorandum of
September 13, 2007.
October 2, 2007 6
7.E. CONTRACT FOR PURCHASE AND SALE OF OSLO ROAD STORMWATER
RETENTION AREA AND 20TH AVENUE RIGHT-OF-WAY
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Contract for Sale and Purchase, and authorized the
Chairman to execute said contract, as recommended in the
memorandum of September 26, 2007.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.F. PROCLAMATION HONORING MAUREEN DERUSSO ON HER
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS, SANDRIDGE GOLF CLUB
The Proclamation was noted for the record.
7.G. VERO BEACH HIGH SCHOOL USE OF FAIR GROUNDS EXPO CENTER
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Vero Beach High School's use of the Fairgrounds Expo
Center for College Board Advanced Placement testing.
The Board also waived the standard usage fees and set-up
charges, as recommended in the memorandum of
September 26, 2007.
October 2, 2007 7
7.H. OUT OF COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved out
of County travel for the County Administrator to attend a
Florida Government Financial Officers Association
(FGFOA) 2007 School of Finance Course, from November
12 — 16, 2007, in Palm Beach Gardens, as requested in the
memorandum of September 20, 2007.
7.1. ECOLOGICAL ASSOCIATES INC., CONTRACT AMENDMENT NO. 3
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Contract Amendment No. 3 to the Agreement with
Ecological Associates, Inc., as requested in the
memorandum of September 7, 2007. NFWF Grant
Agreement 2006-0114-005 provides 100% funding on a
cost reimbursement basis.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.J GRANT OF EASEMENT BY INDIAN RIVER COUNTY TO THE CITY OF
VERO BEACH FOR PUBLIC UTILITIES — NEW COUNTY
ADMINISTRATION BUILDINGS
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Deed of Easement, and authorized the Chairman to sign the
October 2, 2007 8
Easement document, as recommended in the memorandum
of September 26, 2007.
PARTIALLY EXECUTED COPY ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. INDIAN RIVER COUNTY ROCKRIDGE SUBDIVISION SURGE
PROTECTION, FEMA PROJECT 1545-59-R, MODIFICATION #1 TO
FEDERALLY FUNDED SUBGRANT AGREEMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Modification # 1 to the Agreement with the Division of
Emergency Management (DEM), and authorized the
Chairman to execute said Agreement, as recommended in
the memorandum of September 24, 2007.
PARTIALLY EXECUTED COPY OF MODIFICATION ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR
MANDALA CLUB PLANNED DEVELOPMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Alternative 1, the cut and fill balance waiver request of
October 2, 2007 9
2,422,887 cu. ft, as recommended in the memorandum of
September 17, 2007.
7.M. APPROVAL OF RENEWAL OF A CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ARC OF INDIAN RIVER
COUNTY TO PROVIDE WHEELCHAIR SERVICES
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
renewal of the Class "E" Certificate of Public Convenience
and Necessity for ARC of Indian River County, to be
effective for a period of two (2) years commencing October
5, 2007, and expiring October 5, 2009, as recommended in
the memorandum of September 13, 2007.
COPIES OF CERTIFICATES ON FILE IN THE OFFICE OF CLERK TO THE BOARD
7.N. 12TH STREET EAST OFO11 AVENUE UTILITY CONFLICT RESOLUTION,
WORK AUTHORIZATION DIRECTIVE No. 2007-007, UCP No. 2967,
APPROVAL OF FINAL PAYMENT TO CONTRACTOR AND RELEASE OF
RETAINAGE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Application for Payment No. 2 — Final as final payment to
October 2, 2007 10
the Contractor, Underground Utilities, Inc., in the amount
of $702.75, as recommended in the memorandum of
September 6, 2007.
7.0. DEDICATION OF FPL EASEMENT FOR NEW POWER TRANSFORMER
AND ASSOCIATED CIRCUITRY RELATED WITH THE NORTH COUNTY
(HOBART) R. 0. WATER TREATMENT PLANT EXPANSION PROJECT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Utility Easement with Florida Power & Light (FPL), and
authorized the Chairman to execute same, as recommended
in the memorandum of September 11, 2007.
CERTIFIED COPY OF EASEMENT ON FILE IN OFFICE OF THE CLERK TO THE BOARD
7.P. CR 512 1-95 TO ROSELAND ROAD — IRC PROJECT No. 9611,
ADDENDUM #8, TASK F, REQUEST FOR FINAL RELEASE OF
RETAINAGE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
release of retainage for Addendum No. 8 — Task F, in the
October 2, 2007 11
amount of $3,220.00, as recommended in the memorandum
of September 13, 2007.
7.Q. CR 512, PHASE III, CR 510 - PROJECT #9611 & 0001, BID NUMBER
200605 2006065, CHANGE ORDER No. 9
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order No. 9, increasing the contract amount by
$118,003.95 and adding 190 calendar days to the contract
time, as recommended in the memorandum of September
24, 2007. The new contract amount will now be
$14,053,171.55, and the proposed $118,003.95 will be
funded from gas tax cash forward.
7.R. 79TH STREET (106THAVENUE TO 1OrAVENUE), 87TH STREET (106TH
AVENUE TO 102ND AVENUE), PROJECT # 0535 & 0536, BID NUMBER
2007070, CHANGE ORDER No. 1
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order #1, increasing the contract amount by
$127,992.65, as recommended in the memorandum of
September 24, 2007. The new contract amount will now be
$1,221,544.65
7.S. APPROVAL OF WORK ORDER No. 3 (ENGINEERING) WITH A.M.
ENGINEERING AND TESTING, INC., 79TH STREET (106TH AVENUE TO
101ST AVENUE) AND 87TH STREET (106TH AVENUE TO 102ND AVENUE)
ROADWAY IMPROVEMENTS, IRC PROJECT # 0535 & 0536, BID
NUMBER 2007070
October 2, 2007 12
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No. 3 (Engineering), authorizing the project as
outlined in the Scope of Services, and authorized the
Chairman to execute said Work Order for a not -to -exceed
fee of $6,773.00, as recommended in the memorandum of
September 24, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.T. THIRD PARTY CLAIMS ADMINISTRATION AGREEMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Addendum No. 11 to the Third Party Claims
Administration Agreement with Johns Eastern Company,
Inc. (JEC), for a one-year extension of the Agreement, with
the same terms and conditions as the original agreement, as
requested in the memorandum of September 25, 2007.
ADDENDUM ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.U. ACCEPTANCE CHANGE ORDER NO. 32, FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
October 2, 2007 13
Change Order No. 32, and authorized the Chairman to
execute said Change Order, as recommended in the
memorandum of September 26, 2007.
CHANGE ORDER ON FILE IN THE OFFICE OF CLERK TO THE BOARD
7.V. ACCEPTANCE OF CHANGE ORDER No. 14, NEW COUNTY
EMERGENCY OPERATIONS CENTER
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order No. 14, and authorized the Chairman to
execute said Change Order, as recommended in the
memorandum of September 26, 2007.
CHANGE ORDER ON FILE IN THE OFFICE OF CLERK TO THE BOARD
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS -
A. PUBLIC HEARINGS
1. ROBERT PICKETT JR.'S REQUEST FOR
ABANDONMENT OF A PORTION OF 6TH AVENUE SW
LYING IMMEDIATELY SOUTH OF 7TH LANE
SW (LEGISLATIVE)
October 2, 2007 14
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling, through a PowerPoint presentation, recapped his
memorandum of September 11, 2007, and provided detailed data on this request for abandonment
of the segment of 6th Avenue SW that lies immediately south of 7th Lane SW. He asked the Board
to approve staff's recommendation that the County abandon its right to the subject right of way,
and to authorize the Chairman to execute the abandonment resolution on condition that a public
drainage and utility easement be retained over the entire right of way. He thereafter responded to
questions from the Board.
The Chairman opened the public hearing.
Seeing no one, the Chairman closed the public hearing.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-132 providing for the closing,
abandonment, vacation and discontinuance of a segment of
6th Avenue SW adjacent to Lot 39 of Dixie Gardens Unit 2,
reserving a drainage and utility easement over the entire
right-of-way, said land lying in Indian River County,
Florida.
9.A.2. PAVING & DRAINAGE IMPROVEMENTS TO 1ST ROAD
FROM 5TH AVENUE TO 32ND AVENUE IN VERO BEACH
HOMESITES SUBDIVISION - IRC PROJECT NO. 0522
(ADMINISTRATIVE)
October 2, 2007 15
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Public Works Director Jim Davis presented this item to the Board and asked that the
Board open the public hearing and receive comments from the residents of the subject area
regarding the assessment for paving the road. Director Davis responded to questions from the
Board regarding delivery and receipt of certified notices, and how many petition paving projects
the County had done.
Commissioner Davis felt there would be a time when the County would have to look
at readdressing some of the requirements for the petition paving process.
The Chairman opened the public hearing.
Connie Hall, 3236 1st Road, explained why the residents got this petition. She
complained about water draining onto her property, and believed that if paving is done it would
eliminate the problem. She urged the Board to approve the paving project.
There were no other speakers and the Chairman closed the public hearing.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board by unanimously
approved Resolution 2007-133 confirming the Assessment
Roll for certain paving and drainage improvements to 1 st
Road from 35th Avenue to 32nd Avenue in Vero Beach
Homesites Subdivision — IRC Project No. 0522.
October 2, 2007 16
9.A.3. AMENDMENT TO CHAPTER 972 OF THE CODE OF INDIAN
RIVER COUNTY TO LIMIT THE NUMBER OF TEMPORARY
VEHICLE SALES (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Deputy County Attorney Bill DeBraal reminded the Board of its decision on June 5,
2007, to hold a public hearing concerning proposed changes to County Code Chapter 972,
temporary uses; special vehicle and boat sale events. The Board had instructed staff to draft an
ordinance that would limit the number of temporary vehicle and boat sales to twelve (12) per year
on a first come, first served basis. Attorney DeBraal noted that the amended ordinance would
apply to the entire unincorporated areas of the County. He recommended that the Board conduct
the public hearing and consider adoption of the proposed ordinance amendment.
The Chairman opened the public hearing.
Bryan McNulty, Gator Chrysler, Melbourne, argued that to limit six (6) sales to
out -of -County dealers, and six (6) sales to in -County dealers was not a good idea. He also believed
the "first come first served" basis was not a good idea either, because it would give the first dealer
the opportunity to buy all six permits. He suggested maybe limiting sales to twelve (12) and each
dealer to three (permits) sales per year. He asked the board to reconsider its limitations on sales.
Jay Campana, Vero Beach Chrysler, felt this was a fair compromise and supported
the measure. For the record, he assured everyone that they "would not come and take the other six
(6) permits." He reiterated his support for the resolution as written.
Commissioner O'Bryan also had concerns about the "first come first served" basis.
October 2, 2007 17
Attorney Collins explained the effects of the "first come first served" issues on the ordinance, and
explained how the ordinance could be structured so it would be fair to everyone. Commissioner
O'Bryan wanted to see wording "limiting 1 per licensee per 6 months."
Joseph Paladin, Chairman of the Growth Awareness Committee, believed
competition was in the community's best interest, and suggested leaving things the way they were.
There were no other speakers and the Chairman closed the public hearing.
Commissioner Davis explained why limits are in place; thought the issue was not
about free trade but fair trade; and could not find a problem with the ordinance as presented.
Vice Chair Bowden supported the recommendations of the committees, and did not
want to regulate trade.
Commissioner Flescher had "tremendous fear" that we were entering into regulating
trade and free commerce in the community. He believed in open competition, because it is what
drives an economy upwards. He declared that he would not support the resolution.
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board by a 3-2 vote
(Commissioners Bowden and Flescher opposed) adopted
Ordinance 2007-029 amending the Code of Indian River
County, Section 972.08, temporary uses; to provide for an
annual limit of twelve special vehicle and boat sale events
in Indian River County; providing for codification;
providing for severability; and providing for an effective
date.
October 2, 2007 18
9.B. PUBLIC DISCUSSION ITEMS
1. REQUEST TO SPEAK FROM DR. MICHAEL WEISS REGARDING
CHANGES IN CODES FOR SOLAR ENERGY USE IN PUBLIC
FACILITIES
Dr. Michael Weiss presented arguments and facts in support of his request for a
change in the County's Codes for the use of Solar Energy in public facilities. He believed the
County could set the standard and be a role model for the State, and proceeded to explain the
County's need for reliable and sustainable alternative sources of energy.
Dr. Weiss suggested the County look into the use of some of the farmlands and
Groves that have been affected by canker or other blight, that could be converted to "sugar
sorghum growth" to produce Ethanol alcohol. He talked about the use of various plant materials
(e.g., corn, wood pulp, cellulose, certain bean products, solar power and other sources) as
alternative energy resources. He presented cost-saving scenarios through use of solar power that
would benefit the County, should those principles be adopted. Dr. Weiss believed the County
could establish a totally voluntary group that could work within the government to help in this
process.
No Board action required or taken.
2. REQUEST TO SPEAK FROM JOSEPH PALADIN, PRESIDENT OF BLACK
SWAN CONSULTING REGARDING TAKE PERMIT FOR TORTOISE'S
AND NEW LAW AS OF. JULY 31, 2007
Joseph Paladin, President of Black Swan Consulting, briefly described how the
tortoise issue came about. He has been working with Dr. Cox to facilitate the move of the tortoises
to a location where they could live and die naturally rather than having them destroyed in the event
October 2, 2007 19
of infection among the tortoises. Mr. Paladin reported that his Team was instrumental in having
the law changed (July 31st) enabling the move of tortoises, even if one or more is found to be
infected.
Mr. Paladin announced that cost factor was not a major concern, and they had
found a place in Pasco County to where they had some tortoises moved. He presented his
recommendations to the Board as outlined on pages 223-224 of the backup, requesting an
amendment to the County's Code, Chapter 929 "Upland Habitat Protection." He asked the Board
to have staff review his recommendations and for staff to work with him and his team so the
County could be on the forefront of this process.
Commissioner Flescher acknowledged that Mr. Paladin had some valid points, and
was glad Mr. Paladin had brought this matter forward for the Board's awareness.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to direct staff to
review and develop a policy to the Land Development
Regulations (LDR) changes for the Gopher Tortoises to be
carefully considered and relocated to a suitable location;
and that final documentation be brought back to the Board
for consideration and approval.
Commissioner O'Bryan believed they should follow County procedures and have
Mr. Paladin present his request to the Conservation Lands Advisory Committee (CLAC) for input.
He stated that he has no problem working with Mr. Paladin through CLAC to bring this forward.
Commissioners and staff agreed that the request should be submitted to CLAC for review and
input.
October 2, 2007 20
MOTION WAS AMENDED by Commissioner Flescher,
Seconded by Commissioner Davis to present the issue to
the Conservation Lands Advisory Committee (CLAC) for
review and input and that the matter be brought back to the
Board.
Dr. Weiss supported Mr. Paladin's recommendations.
Ilka Daniel, Director of Outreach Services, Humane Society, Vero Beach,
addressed the matter of "incidental take" permits, and its impact on the tortoises. She reported that
"take permits" have been banned, and urged the Board to proceed with taking measures.
Ralph Monticello, Land Protection Manager at Indian River Land Trust, said
Indian River Land Trust sponsored a Study this last year on Gopher Tortoises at the North
Sebastian Conservation area and it showed the capacity of those conservation areas. He felt if staff
uses this as a model, it might be helpful and could save the County staff some time.
Nancy Offutt, Treasure Coast Builders Association, confirmed that the "taking
permits" have been banned and entombment is no longer allowed. They would be happy to work
with anyone else in the County for relocation or addressing the issue in a comprehensive manner.
The Chairman CALLED THE QUESTION and by a
unanimous vote, the Board approved: (1) that
Commissioner O'Bryan would work with Mr. Paladin and
the Conservation Lands Advisory Committee on the
Gopher Tortoise issues; and (2) for staff to continue to work
with them in a timely manner; and that the matter be
brought back to the Board thereafter.
October 2, 2007 21
9.C. PUBLIC NOTICE ITEMS
I. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 9, 2007:
A. CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 911
AND 915 OF THE LAND DEVELOPMENT REGULATIONS TO
IMPLEMENT COMPREHENSIVE PLAN CHANGES TO FLUE POLICY
5.8 (AGRICULTURAL PDs) %QUASI -.JUDICIAL]
B. KALYNA'S DAY CARE: REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR A CHILD CARE FACILITY TO BE KNOWN AS
KALYNA'S DAY CARE. HELEN JACKSON, OWNER, KENNETH
.JACKSON, AGENT. LOCATED AT 3981 45TH PLACE. ZONING
CLASSIFICATION: RS -6, RESIDENTIAL SINGLE-FAMILY (UP TO 6
UNITS/ACRE). LAND USE DESIGNATION: L-2, Low DENSITY
RESIDENTIAL (UP TO 6 UNITS/ACRE). [QUASI -.JUDICIAL]
2. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 16, 2007:
A. CONSIDERATION OF AN APPLICATION FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY FOR A CLASS "E"
CERTIFICATE FROM MEDICAL TRANSPORTATION SPECIALISTS
(ADMINISTRATIVE)
10. COUNTY ADMINISTRATOR MATTERS - NONE
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
I. THE FLORIDA RESEARCH CENTER FOR AGRICULTURAL
SUSTAINABILITY, INC. 'S APPEAL OF THE PLANNING AND ZONING
COMMISSION'S APPROVAL OF THE ST. A UGUSTINE AT VERO BEACH
PRELIMINARY PLAT APPLICATION (QUASI -.JUDICIAL)
October 2, 2007 22
(Clerk's Note: Court Reporter Patricia Nelson in attendance on behalf of Attorney
Michael O'Haire)
Chairman Wheeler announced that he received a note from Director Boling that the
Florida Research Center for Agricultural Sustainability, Inc., requested to have this matter tabled
to a date certain. Director Boling understood from both parties that they are hopeful to settle the
matter and asked that it be tabled to next week.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously agreed to
table this item to next week's Board of Commissioners'
meeting.
Chairman Wheeler called a recess at 11:58 a.m., and announced that the Board
would reconvene at 1:30 p.m., for the Special Call Joint "Piper" meeting, and thereafter resuming
BCC Agenda starting with Item 11.A.2.
(Clerk's Note: At 1:30 p.rn., at the start of the Special Call "Piper" meeting, the
Board voted to postpone the remainder of the morning's BCC Agenda.)
On MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously agreed to
POSTPONE the balance of this Meeting's Agenda to next
week's BCC meeting Agenda (Items 11.A.2 through 14.C,
except for Item 13.E.1, which was heard following Item
S.B.)
October 2, 2007 23
11.A.2. CONSIDERATION OF PUBLIC HEARING DATE REGARDING HARRY
TANNER'S PETITION TO DESIGNATE A 1.3 MILE SEGMENT OF OLD
DIXIE HIGHWAY SOUTH OF CR 512 AS A HISTORIC ROAD
This Item was postponed to next week's Agenda.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously agreed to
postpone Items 11.A.2, through 14.C. (except for Item
13.E.1) to the October 9, 2007 BCC Agenda.
11.B. EMERGENCY SERVICES - NONE
11.C. GENERAL SERVICES
1. FORMER ELECTIONS OFFICE MODULAR
This Item was postponed to next week's Agenda.
11.C.2. REQUEST FOR TOUR OF NEW FACILITIES
This Item was postponed to next week's Agenda.
11.D. HUMAN RESOURCES - NONE
11.E.
11.F.
11.G.
HUMAN SERVICES - NONE
LEISURE SERVICES - NONE
OFFICE OF MANAGEMENT AND BUDGET - NONE
October 2, 2007 24
11.H. RECREATION
L LIGHTNING PREDICTION SYSTEM
This Item was postponed to next week's Agenda.
11.I.1 PUBLIC WORKS - NONE
11.J. UTILITIES SERVICES -
1. 1sT ROAD FROM 35TH AVENUE TO 32ND AVENUE IN VERO HOMESITES
UNIT NO. 1, UCP # 2984, WATER SYSTEM CONFLICT RESOLUTIONS,
WORK AUTHORIZATION DIRECTIVE NO. 2007-010
This Item was postponed to next week's Agenda.
12. COUNTY ATTORNEY MATTERS - NONE
13. COMMISSIONERS' ITEMS
A. COMMISSIONER GARY C. WHEELER, CHAIRMAN
1. PIPER AIRCRAFT
This item was deleted from the Agenda at the request of Chairman Wheeler.
October 2, 2007 25
B. COMMISSIONER SANDRA L. BOWDEN, VICE
CHAIRMAN - NONE
C. COMMISSIONER WESLEY S. DAVIS - NONE
D. COMMISSIONER JOSEPH E. FLESCHER- NONE
E. COMMISSIONER PETER D. O'BRYAN
I. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO
ADOPT THE GREEN RESOLUTION
(Clerk's Note: this item was heard immediately following Item 5.B above, and is
placed here for continuity.)
Commissioner O'Bryan reminded the Board of its prior decision to have a
presentation brought back to the Board in an effort to answer some of Vice Chair Bowden's
questions regarding the County becoming certified as a "Green Local Government".
Vice Chair Bowden questioned whether the current resolution was a change from
the one submitted previously, and was assured there was no change. She expressed that she was
not in favor of creating a department to handle the initiative.
Administrator Baird addressed the matter of creating a department to handle the
County becoming "green" and the associated cost. Commissioners O'Bryan and Bowden engaged
in further discussions regarding the "green" initiative and whether it meant creating a new
department.
October 2, 2007 26
Commissioner Flescher read the provisions in the fourth "WHEREAS" Clause of
the Resolution and remarked that they were "very costly words." He supported the "green"
initiative, but thought it would be a costly process to undertake. He believed college students
working on this process could assist us, and then meld in with the Environmental Protection
Agency (EPA) standards, which should cost the County nothing.
Chairman Wheeler believed the County should set the standards and take the lead.
The Board continued to discuss and debate the structure of the Resolution, associated costs, long
term benefits, benefits of the certification, and whether to move ahead with the initiative.
MOTION WAS MADE by Commissioner O'Bryan,
Seconded by Chairman Wheeler, to adopt the "green"
Resolution as presented.
Vice Chair Bowden voiced her support, but suggested that the Board not direct the
County Administrator to do a feasibility study, but to go ahead and do this voluntarily. She
thought they needed to mandate what the Resolution does, and asked that item No. 6 on page 3 of
the Resolution, be deleted.
Commissioner O'Bryan AMENDED his Motion for
adoption of the Resolution with the deletion of Item No. 6
at page 3 of the Resolution.
Vice Chair Bowden asked for a commitment that the "Green Team" do all in its
power to come up with the $4,500.00 application fee rather than taking it out of the general
operating funds. Based on that, she would support the initiative.
October 2, 2007 27
Commissioners Davis and Flescher also wanted to see modifications to the
Resolution. Commissioner O'Bryan agreed to most of the suggested changes and Moved for
amendment of the Motion.
Commissioner O'Bryan MOVED, SECONDED by
Chairman Wheeler, for adoption of the Resolution, as
amended.
Joseph Paladin, Chairman of Growth Awareness Committee, favored the initiative,
and offered to contribute the difference (of the $4,500.00) of what the Team could not afford to
pay, if he could get a 5-0 vote from the Board for this initiative.
Discussion continued regarding costs, and an unidentified Speaker remarked that the
cost of not doing it was far greater than doing it.
The Chairman CALLED THE QUESTION and by a 4-1
vote (Commissioner Flescher opposed), the Motion carried.
The Board approved Resolution 2007-134, as amended,
authorizing application to the Florida Green Building
Coalition, Inc., for certification of Indian River County as a
Certified Florida Green Local Government and to
demonstrate a significant commitment on the part of Indian
River County Government to establish policies, guidelines,
goals, and strategic actions to promote sustainability.
14. SPECIAL DISTRICTS AND BOARDS
A. EMERGENCY SERVICES DISTRICT
I. APPROVAL OF MINUTES — MEETING OF SEPTEMBER 4, 2007
October 2, 2007 28
This item was postponed to next week's Agenda.
2. ADDITIONAL STAFFING AT FIRE -RESCUE STATIONS 6 AND II
This item was postponed to next week's Agenda.
B. SOLID WASTE DISPOSAL DISTRICT
I. APPROVAL OF MINUTES — MEETING OF SEPTEMBER 4, 2007
This item was postponed to next week's Agenda.
2. CANCEL 2007 PETITION HEARING - SOLID WASTE DISPOSAL
DISTRICT ASSESSMENT FEES
This item was postponed to next week's Agenda.
C. ENVIRONMENTAL CONTROL BOARD - NONE
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.
15. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11:58 a.m.
October 2, 2007 29
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/AA/2007 Minutes
October 2, 2007 30