HomeMy WebLinkAbout01/15/2008 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 15, 2008
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS 1
5. PROCLAMATIONS AND PRESENTATIONS 2
A. PRESENTATION BY DAVID K. ROACH, EXECUTIVE DIRECTOR, FLORIDA INLAND
NAVIGATION DISTRICT 2
6. APPROVAL OF MINUTES 2
A. REGULAR MEETING OF DECEMBER 18, 2007 2
7. CONSENT AGENDA 2
7.A. REPORTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD: 3
1. CONVICTIONS FOR THE MONTH OF DECEMBER 2007 3
2. CITY OF FELLSMERE ORDINANCE 07-26 — ANNEXING 4.73 -1 -ACRES 3
3. CITY OF FELLSMERE ORDINANCE 07-29 — ANNEXING 2,592 ACRES 3
7.B. APPROVAL OF WARRANTS - DECEMBER 28 TO JANUARY 3, 2008 3
7. C. ADDITION OF Two MEMBERS TO THE ECONOMIC DEVELOPMENT COUNCIL 3
7.D. DUNES COURSE PUMP STATION REPLACEMENT 4
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January 15, 2008
7.E. CONSIDERATION OF APPROVAL OFA GRANT CONTRACT WITH THE FLORIDA
COMMUNITIES TRUST FOR AFTER-PURCHASE COST SHARE REIMBURSEMENT FOR
THE SOUTH PRONG PRESERVE (SHADOWBROOK ESTATES AND RYALL PARCELS)
ENVIRONMENTAL LAND ACQUISITION 4
7.F. RIGHT-OF-WAYACQUISITION4505 USHIGHWAYJ (CORNER OF US1 & 45TH
STREET), DONN WALTRIP 5
7.G. WORK ORDER No. 2 (ENGINEERING/SURVEYING), KIMLEY-HORN & ASSOCIATES,
INC., FULL & FINAL PAYMENT, 8TH STREET (EAST OF US1) PROPOSED SIDEWALK
TOPOGRAPHIC SURVEY, IRC PROJECT NO. 0744, CONTINUING PROFESSIONAL
SURVEYING & MAPPING/GIS SERVICES, CONTRACT 0725 5
7.H. CONSIDERATION OF CONSULTANT CONTRACT FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) NEIGHBORHOOD REVITALIZATION ADMINISTRATION
SERVICES 5
7.L UPGRADES AND GENERATORS BENT PINE LIFT STATIONS NO. 68 AND 69, BID NO.
2007039, PROJECT NO. 9611 & 0001, CR 510 & CR 512 PHASE III IMPROVEMENTS,
UCP No. 2806, APPROVAL OF FINAL PAYMENT TO CONTRACTOR, TLC DIVERSIFIED,
INC., OF PALMETTO, FL, AND RELEASE OF RETAINAGE 6
7.J. APPROVAL OF MODIFICATION #2 TO GRANT AGREEMENT 06-DS-3W-10-40-01-277 6
7.K ACCEPTANCE OF CHANGE ORDER No. 35 FOR THE ADMINISTRATION BUILDING 7
7.L. AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CARTER
ASSOCIATES, INC., 66THAVENUEPAVING IMPROVEMENTS (4TH STREET TO SR 60),
IRC PROJECT No. 9810 7
7.M. MISCELLANEOUS BUDGET AMENDMENT 004 7
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 8
9. PUBLIC ITEMS 8
A. PUBLIC HEARINGS - NONE 8
B. PUBLIC DISCUSSION ITEMS - NONE 8
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January 15, 2008
9.C. PUBLIC NOTICE ITEMS 8
1. NOTICE OF SCHEDULED PUBLIC HEARING, JANUARY22, 2008. 8
PUBLIC NOTICE OF PUBLIC HEARING TO ADOPT AN ORDINANCE TO DESIGNATE AN
OFFICIAL COUNTY SEAL (LEGISLATIVE) 8
10. COUNTY ADMINISTRATOR MATTERS - NONE 8
11. DEPARTMENTAL MATTERS 8
A. COMMUNITY DEVELOPMENT 8
1. CONSIDERATION TO AUTHORIZE PULLING COMPLIANCE BONDS FOR
NONCOMPLIANCE WITH SITE PLAN APPROVAL REQUIREMENTS RELATING TO THE
TOM HAMMOND SAND MINE AND THE RANCH ROAD LAKE SAND MINE
(QUASI-JUDICIAL) 9
11.A. 2. CONSIDERATION OF ESTABLISHING A PROCESS FOR REVISING COUNTY MINING
REGULATIONS 14
11.B. EMERGENCY SERVICES - NONE 16
11.C. GENERAL SERVICES - NONE 17
11.D. HUMAN RESOURCES - NONE 17
11.E. HUMAN SERVICES - NONE 17
11.F. LEISURE SERVICES - NONE 17
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 17
11.H. RECREATION - NONE 17
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January 15, 2008
11.I. PUBLIC WORKS 17
1. HERITAGE RESERVE DEVELOPER'S AGREEMENT FOR DEVELOPER CONTRIBUTIONS
TO ROADWAY AND INTERSECTION IMPROVEMENTS 17
11.1.2. STATE ROAD 60 BETWEEN 82N° AVENUE AND 66TH AVENUE - JOINT PARTICIPATION
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ADVANCE
FUNDS FOR WIDENING STATE ROAD 60 FROM 4 -LANES TO 6 -LANES 18
11.J. UTILITIES SERVICES 19
1. SAN SEBASTIAN SPRINGS SUBDIVISION, INDIAN RIVER COUNTY PROJECT No. UCP
3014, APPROVAL OF WORK ORDER No. 6 TO RETAIN CARTER ASSOC. FOR
SURVEYING SERVICES 19
12. COUNTY ATTORNEY MATTERS 19
A. RESOLUTION DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR
DESIGNEE TO CALL LETTERS OF CREDIT AND ROAD MAINTENANCE SECURITY
ISSUED UNDER CHAPTER 934, EXCAVATION AND MINING, OF THE CODE OF INDIAN
RIVER COUNTY 19
13. COMMISSIONERS' ITEMS 20
A. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIRMAN -
NONE 20
B. COMMISSIONER WESLEY S. DAVIS , VICE CHAIRMAN NONE 20
1. ADDITION: REQUEST FOR TRAVEL EXPENSES FOR DR. SIDNEY T. BACCHUS 20
C. COMMISSIONER JOSEPH E. FLESCHER- NONE 21
D. COMMISSIONER PETER D. O'BRYAN -NONE 21
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January 15, 2008
E. COMMISSIONER GARY C. WHEELER - NONE 21
14. SPECIAL DISTRICTS AND BOARDS 21
A. EMERGENCY SERVICES DISTRICT 22
1. APPROVAL OF MINUTES - REGULAR MEETING OF DECEMBER 18, 2007 22
2. APPROVAL FY2007/08 EMS COUNTY AWARDS GRANT: PURCHASE OF
CAPITAL/OPERATING EQUIPMENT USING NON-MATCHING EMS GRANT FUNDS AND
GRANT RESOLUTION 22
B. SOLID WASTE DISPOSAL DISTRICT 22
1. APPROVAL OF MINUTES - REGULAR MEETING OF DECEMBER 11, 2007 22
2. APPROVAL OF MINUTES - REGULAR MEETING OF DECEMBER 18, 2007 22
3. PUBLIC ANNOUNCEMENT FOR AN ANNUAL ELECTRONICS RECYCLING EVENT ON
JANUARY 26, 2008 22
C. ENVIRONMENTAL CONTROL BOARD - NONE 22
15. ADJOURNMENT 23
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January 15, 2008
January 15, 2008
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, January
15, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley S. Davis, and Commissioners
Joseph E. Flescher, Peter D. O'Bryan and Gary C. Wheeler. Also present were County Administrator
Joseph A. Baird, County Attorney William G. Collins II, and Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:02 a.m.
2. INVOCATION
Pastor Roger Ball, Immanuel Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O'Bryan led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS
Chairman Wheeler announced the following change to today's Agenda:
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January 15, 2008
Addition: Item 13.B.1 — Request for Travel Expenses for Dr. Sidney T. Bacchus.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Davis, the Board unanimously approved the
above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
A. PRESENTATION BY DAVID K. ROACH, EXECUTIVE DIRECTOR,
FLORIDA INLAND NAVIGATION DISTRICT
David Roach briefly described the Navigation District and gave a detailed status report on
the activities of the District in this County. Mr. Roach thereafter responded to questions from the Board
regarding the District's involvement on the manatee signs in the Indian River Lagoon, the long-term use of
certain properties, and whether the groves in the dredging areas were currently being managed.
6. APPROVAL OF MINUTES
A. REGULAR MEETING OF DECEMBER 18, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of December 18, 2007. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved the
Minutes of the Regular Meeting of December 18, 2007, as
written.
7. CONSENT AGENDA
Commissioner O'Bryan asked to pull for discussion, Item 7.C.
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January 15, 2008
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved the Consent
Agenda, as amended.
7.A. REPORTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD:
CONVICTIONS FOR THE MONTH OF DECEMBER 2007
CITY OF FELLSMERE ORDINANCE 07-26 -ANNEXING 4.73 -1 -ACRES
CITY OF FELLSMERE ORDINANCE 07-29 - ANNEXING 2,592 ACRES
The Board noted the Reports on file.
7.B. APPROVAL OF WARRANTS - DECEMBER 28 TO JANUARY 3, 2008
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved the list of
Warrants as issued by the Clerk to the Board for the time period
of December 28, 2007 to January 3, 2008, as requested in the
memorandum dated January 3, 2008.
7.C. ADDITION OF TWO MEMBERS TO THE ECONOMIC DEVELOPMENT
COUNCIL
Commissioner O'Bryan updated the Board on this issue and moved for approval of the
resolution with the inclusion of a member from the Workforce Development Board.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2008-003, as amended, providing representation for
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January 15, 2008
the Town of Indian River Shores and the Town of Orchid on the
Economic Development Council.
7.D. DUNES COURSE PUMP STATION REPLACEMENT
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved the
Agreement with Hoover Pumping Systems Inc., to replace the
pump station at the Sandridge Golf Club, and authorized the
Chairman to execute said Agreement, as recommended in the
memorandum dated January 8, 2008.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.E. CONSIDERATION OF APPROVAL OFA GRANT CONTRACT WITH THE
FLORIDA COMMUNITIES TRUST FOR AFTER -PURCHASE COST
SHARE REIMBURSEMENT FOR THE SOUTH PRONG PRESERVE
(SHADOWBROOK ESTATES AND RYALL PARCELS) ENVIRONMENTAL
LAND ACQUISITION
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved the FCT
Grant Agreement for the "South Prong Preserve" parcels, and
authorized the Chairman to execute said Agreement, as
recommended in the memorandum of January 8, 2008.
PARTIALLY EXECUTED COPY OF CONTRACT ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
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January 15, 2008
7.F. RIGHT-OF-WAY ACQUISITION 4505 US HIGHWAY 1 (CORNER OF
USI & 45TH STREET), DONN WALTRIP
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved Option 1, the
purchase of the needed right-of-way at a price of $12,960.00, and
authorized the Chairman to execute the Purchase and Sale
Agreement, as recommended in the memorandum of January 7,
2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.G. WORK ORDER No. 2 (ENGINEERING/SURVEYING), KIMLEY-HORN
& ASSOCIATES, INC., FULL & FINAL PAYMENT, 8TH STREET (EAST
OF USI) PROPOSED SIDEWALK TOPOGRAPHIC SURVEY, IRC
PROJECT No. 0744, CONTINUING PROFESSIONAL SURVEYING &
MAPPING/GIS SERVICES, CONTRACT 0725
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved payment of
Invoice No. 3233299, dated December 20, 2007, in the amount
of $7,845.00, as recommended in the memorandum of January 7,
2008.
7.H. CONSIDERATION OF CONSULTANT CONTRACT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) NEIGHBORHOOD
RE VITALIZA TION ADMINISTRATION SERVICES
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved the proposed
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January 15, 2008
contract with Guardian Community Resource Management, Inc.,
for administration of a Neighborhood Revitalization Community
Development Block Grant, and authorized the Chairman to
execute said contract, as recommended in the memorandum of
January 3, 2008.
COPY OF CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.1. UPGRADES AND GENERATORS BENT PINE LIFT STATIONS No. 68
AND 69, BID No. 2007039, PROJECT NO. 9611 & 0001, CR 510 &
CR 512 PHASE III IMPROVEMENTS, UCP No. 2806, APPROVAL OF
FINAL PAYMENT TO CONTRACTOR, TLC DIVERSIFIED, INC., OF
PALMETTO, FL, AND RELEASE OF RETAINAGE
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved Application
for Payment No. 4 — Final as final payment to TLC Diversified,
Inc., of Palmetto, FL, Inc., in the amount of $68,528.18, as
recommended in the memorandum of December 13, 2007. The
final payment of $68,528.18 will release the retainage and
complete the County's obligation to TLC Diversified, Inc., of
Palmetto, FL.
7.J. APPROVAL OF MODIFICATION #2 TO GRANT AGREEMENT
06 -DS -3W-10-40-01-277
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved the
modification to the Federally Funded Subgrant Agreement
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January 15, 2008
(06 -DS -3W-10-40-01-277) between Indian River County
Emergency Management and the Florida Department of
Community Affairs, Division of Emergency Management, as
recommended in the memorandum of January 2, 2008.
MODIFICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. ACCEPTANCE OF CHANGE ORDER No. 35 FOR THE ADMINISTRATION
BUILDING
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved Change
Order # 35 and authorized the Chairman to execute said Change
Order, as recommended in the memorandum of January 9, 2008.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. AMENDMENT No. 7 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH CARTER ASSOCIATES, INC., 66TH AVENUE PAVING
IMPROVEMENTS (4TH STREET TO SR 60), IRC PROJECT No. 9810
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved Amendment
No. 7 for engineering services by Carter Associates, Inc., in the
amount of $2,790.00, as recommended in the memorandum of
January 9, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. MISCELLANEOUS BUDGET AMENDMENT 004
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January 15, 2008
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved Resolution
2008-004 amending the fiscal year 2007-2008 budget.
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
PUBLIC HEARINGS - NONE
B. PUBLIC DISCUSSION ITEMS - NONE
9.C. PUBLIC NOTICE ITEMS
1. NOTICE OF SCHEDULED PUBLIC HEARING, .JANUARY 22, 2008:
PUBLIC NOTICE OF PUBLIC HEARING TO ADOPT AN ORDINANCE TO
DESIGNATE AN OFFICIAL COUNTY SEAL (LEGISLATIVE)
The Chairman read the Notice into the record.
10. COUNTY ADMINISTRATOR MATTERS - NONE
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
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January 15, 2008
1. CONSIDERATION TO A UTHORIZE PULLING COMPLIANCE BONDS
FOR NONCOMPLIANCE WITH SITE PLAN APPROVAL REQUIREMENTS
RELATING TO THE TOM HAMMOND SAND MINE AND THE RANCH
ROAD LAKE SAND MINE (QUASI -.JUDICIAL)
(Clerk's Note: Court Reporter Sharon Northrup was present, representing Attorney Eugene
O'Neil, Esquire, for Ranch Road Lake Sand Mine)
County Attorney William Collins updated the Board on this matter and outlined the issues
that have brought this request to call the letters of credit for compliance bonds. He thereafter presented
staff's recommendation to approve the resolutions pulling the compliance bonds for the Tom Hammond
Sand Mine and for the Ranch Road Lake Sand Mine, and to authorize the Chairman to sign the resolutions.
Chairman Bowden questioned whether a public hearing was required. Attorney Collins
explained that this was not a public hearing, but just findings of fact the Board was being asked to make
after staff presented its case and the mine operators have the opportunity to state their case. The parties
have a right to file a written appeal, but he understood none had been filed to date. Attorney Collins
addressed the right of the parties to file an appeal and noted that to date none had been filed.
Commissioner Wheeler wanted to follow the rules and require the parties to file a written
appeal, and have the matter brought back before the Board.
Eugene O'Neil, Esquire, Gould, Cooksey, Fennell, P.A., 979 Beachland Boulevard,
representing Ranch Road Mines, requested that before staff begins its presentation, the two mining issues
(Hammond and Ranch Road) be separated and not be heard as one issue, to avoid alleged violations that are
not necessarily pertinent to their mine. He also requested that the Board treat this as their appeal, as they
were ready to go forward.
In response to queries from the Board, Attorney Collins thought the request for separation of
the issues was appropriate, because there has to be two findings, one for each mine, because they are
independent operators.
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January 15, 2008
Paul Amos, Esquire, O'Haire, Quinn, Candler & Casalino, 3111 Cardinal Drive,
representing Hammond Mines, also wanted the issues addressed separately. Mr. Amos informed the Board
that he would be requesting a continuance of this matter to allow him time to conduct an investigation, as he
only received notice of this matter three days ago.
Attorney Collins explained that Mr. Amos's client was not ready to make his case right now.
He also explained Mr. Amos's right to appeal after he gathers his facts.
Attorney Amos pointed out the issues of which the Board needed to have proper
information before deciding on the matter, and reiterated his desire for a continuance to enable him the
opportunity to gather facts.
Commissioner Wheeler continued to point out the rules of procedure for an appeal. He felt
we would be shortcutting this matter if the appeal is granted today. Attorney Collins repeated the rules of
procedure and pointed out that it was up to the Board how it wanted to conduct its hearings.
Attorney O'Neil drew reference to County Code and its interpretation, and addressed the
matter of non-compliance. Messrs. O'Neil and Amos continued to argue the issue of the Board making a
decision without giving them an opportunity to be heard.
Commissioner Flescher believed there should be an appeal process before findings of fact.
The Board debated whether to have a hearing, treat this as an appeal process, and whether to decide to pull
the letters of credit. Chairman Bowden agreed the issues should be separated and asked staff to begin its
presentation starting with the Hammond Sand Mine.
Hammond Mines
Chief of Environmental Planning Roland DeBlois recapped the backup memorandum dated
January 8, 2008, and provided description and analysis on the subject mine. He displayed by slide the
approved haul routes and read that portion of the Code that addresses non-compliance. Mr. DeBlois
thereafter responded to questions from the Board.
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January 15, 2008
Code Enforcement Officer Kelly Zedek and Administrator Baird responded to questions
from Commissioner Flescher regarding how evidence was gathered and what brought the matter before the
Board.
Mr. DeBlois turned the presentation over to Kelly Zedek, who explained how she gathered
her information of non-compliant trucks, and what each displayed photograph depicted. Ms. Zedek
responded to questions from Mr. DeBlois regarding her employment status, and her observation of the
vehicles coming and going from the mines. She also responded to questions from Board members.
Mr. DeBlois summarized his presentation and presented staff s recommendation for
approval of the resolution pulling the compliance bonds for the Tom Hammond Sand Mine.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, under discussion, to
accept and approve the resolution pulling the compliance bonds
for the Tom Hammond Sand Mine.
Attorney Collins explained that Mr. Amos has a right on behalf of his client to file an appeal
to overturn whatever decisions the Board makes Mr. Amos explained his concern that he was not provided
an opportunity to rebut allegations, this being a quasi-judicial hearing.
Commissioner Wheeler did not think the Commission was obliged to continue this appeal
today. He and Mr. Amos continued to debate the interpretation of the Ordinance and the requirement of a
written appeal.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved Resolution 2008-005
declaring default by the Eddie Huggins Land Grading Co., LLC,
under the terms or conditions of Section 934.07 of the Code of
Indian River County, and authorizing staff to make sight draft
against First National Bank and Trust Company of the Treasure
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January 15, 2008
Coast (now known as Seacoast National Bank) Irrevocable
Standby Letter of Credit No. 2006-07 dated March 29, 2006.
Ranch Road Lakes Sand Mine
Eugene O'Neil, Esquire, representing Ranch Road Lakes Sand Mine, was willing to "call
this our appeal process."
The Board briefly debated whether to have a vote to call this an appeal. Chairman Bowden
invited staff to present its analysis and findings.
Chief of Environmental Planning Roland DeBlois presented background on the code
violations by Ranch Road Sand Mines, by recapping backup memorandum dated January 8, 2008. Code
Enforcement Officer Kelly Zedek read the Affidavit on her observation of vehicular operations at the
subject mine. She displayed photographs of trucks in the area and explained her observation of the
movements of each truck. She thereafter responded to questions from the Board.
Attorney O'Neil requested permission to question Ms. Zedek, and staff had no objection.
Steven Smith, owner of Ranch Road Sand Mines, concurred that the trucks Ms. Zedek
observed did come out of their sand mine. He, however, defended the actions of the two "new" truck
drivers because it was their first day working in Vero Beach and they were not familiar with the area. He
said the violation was a one-time occurrence, which was immediately remedied. He thought that to shut
down the mines because of a legitimate mistake that was immediately corrected was "unconscionable." He
pleaded to the Board for reasonableness. Mr. Smith thereafter responded to questions from Commissioner
O'Bryan regarding orientation of new drivers.
Commissioner Wheeler asked if the evidence presented by Mr. Smith was verified.
Director Keating confirmed that staff had verified the evidence. Attorney Collins explained the "waiving of
an appeal" in response to comments by Attorney O'Neil that they would waive any future appeal.
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January 15, 2008
Chairman Bowden asked if the Board wanted to consider this as an appeal. Board members had no
objection.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Davis, the Board unanimously approved to void the
requirements for a written appeal.
Mr. DeBlois briefly updated the Board on the amount of compliance bonds being discussed.
Attorney O'Neil then presented his case. He suggested the error was minimal and
insignificant and the punishment would be shocking in light of the crime.
Commissioner Wheeler thought staff had verified the evidence presented by Mr. Smith and
the Board needed to determine if there was a violation, and whether or not it is diminimis
Mike Eisert, Cathco Construction, Vero Beach, at the invitation of Attorney O'Neil,
explained his contractual relationship with the subject mine and to what extent he would be impacted if the
Board voted to shut down the mines.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, under discussion, to
not approve the resolution revoking the compliance bonds.
Commissioner Wheeler said he was accepting Mr. Smith's evidence at face value and was
comfortable that staff had verified the evidence. Some Commissioners disclosed that they had received
calls from residents regarding the mining issue and they had informed those residents of their inability to
discuss the matter because it was slated for hearing today.
Commissioner O'Bryan expressed to all parties the seriousness of the Board in fully
enforcing the law, in relation to mining violations. The Chairman also cautioned about the violations and
assured miners that the law would be strictly enforced.
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January 15, 2008
The Chairman CALLED THE QUESTION and the Motion
carried unanimously, to not approve the resolution revoking the
letter of credit.
The Chairman called a recess at 10:42 a.m., and reconvened the meeting at 10:55 a.m., with
all members present.
Commissioner O'Bryan stated that it was verbally expressed that mining operators were on
notice, and he wanted to make a formal Motion.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Davis, to instruct the County
Administrator to continue to take any and all actions to ensure
that all mines are in compliance even if it means additional code
enforcement activity.
Under discussion, Chairman Bowden was not sure that was needed, but felt it was always
good to have things in writing.
Suzon Franzke reported that she observed trucks running southbound yesterday.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously, instructing the County Administrator to
take any and all action necessary to ensure mining operators are
compliant with County Code.
11.A. 2. CONSIDERATION OF ESTABLISHING A PROCESS FOR REVISING
COUNTY MINING REGULATIONS
Planning Director Stan Boling updated the Board on this request by recapping the backup
memorandum dated January 8, 2008. He pointed out that one of the considerations of the Board is who
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January 15, 2008
would manage the process of review during the moratorium period. He asked the Board to use an existing
committee to hold a series of workshops and said Committee would present a report to the Board on its
proposed regulations.
Director Boling then presented staff's recommendation that the Board review the proposed
mining regulation review process and activities, make changes as appropriate, and direct staff and the
Planning & Zoning Commission (P&Z) to initiate the process and conduct the activities outlined in the
memorandum. Staff did not see the need to hire a consultant to manage the review process. Directors
Boling and Keating thereafter responded to questions from the Board. The Board and staff discussed how
to best handle this process.
Joseph Paladin, President of Black Swan Consulting, agreed that a Consultant should not
be hired, and did not think the P&Z should be used to review this process. He thought the Board needed to
get a fresh set of eyes and/or create a new committee with staff and outside experts.
Vice Chairman Davis understood Mr. Paladin's thoughts, but thought it was important for
P&Z staff to understand why we have the LDRs that we have whenever they make their decisions.
Robert Adair, Chairman of the Agricultural Advisory Committee (AAC), asked if the
Board could possibly consider allowing the AAC a venue with P&Z to address the matter.
Mr. Paladin and the Board debated whether to have P&Z involved in the review process.
Ralph Evans, 1420 Shorelands Drive West, said neither he nor Mr. Paladin was speaking
on behalf of Wild Turkey Mines. He also thought it was not a good idea to have P&Z be a part of the review
process.
Gary Smith, 6625 West 82nd Avenue, supported P&Z being a part of the review process.
Chairman Bowden suggested they could consider enlarging the P&Z membership for this
process. Director Keating responded to questions from Vice Chairman Davis as to how staff would like to
proceed with this matter, based on discussions and suggestions heard today
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January 15, 2008
Commissioner O'Bryan confirmed with Attorney Collins that this being a legislative matter
they were free to have discussions with residents, staff and mine operators, but not to talk to other
Commissioners about this until it comes to a public meeting.
John Sanders, 2146 20th Avenue, asked if the Department of Transportation's decision in
February would change the way this Committee might look at things. Attorney Collins explained that it
was not a DOT decision but a task force appointed by the Governor and they were supposed to make a
report to the Legislature by February 1, 2008, and staff would be on top of that to make it available to
whatever groups are involved in this discussion.
Commissioner Wheeler wanted to see a place where any interested party could register their
ideas and give a snail mail or e-mail address, and they would in turn be notified of every workshop and/or
meetings, so they would know where meetings are and would be able to give their input. Chairman Bowden
thought it was a good idea.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, to approve staff's
recommendation.
Commissioner Flescher supported staff's recommendation that P&Z would be the
best -suited entity to do this review.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved and directed staff and
the Planning & Zoning Commission to initiate the process and
conduct the activities outlined in the backup memorandum dated
January 8, 2008, recommended.
11.B. EMERGENCY SERVICES - NONE
16
January 15, 2008
11.C.
11.D.
11.E.
11.F.
11.G.
11.H.
GENERAL SERVICES - NONE
HUMAN RESOURCES - NONE
HUMAN SERVICES - NONE
LEISURE SERVICES - NONE
OFFICE OF MANAGEMENT AND BUDGET - NONE
RECREATION - NONE
11.I. PUBLIC WORKS
1. HERITAGE RESERVE DEVELOPER'S A GREEMENT FOR DEVELOPER
CONTRIBUTIONS TO ROADWAY AND INTERSECTION IMPROVEMENTS
Assistant Public Works Director Chris Mora provided detailed background on this matter by
recapping the backup memorandum dated January 8, 2008. He thereafter presented staff's recommendation
to approve Alternative 1, the Developer's Agreement. He also responded to questions from the Board
regarding right-of-way acquisition, who would pay for it, and the need for the right -of -way.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative 1, the Developer's Agreement, as recommended in
the memorandum of January 8, 2008.
AFREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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January 15, 2008
11.1.2. STATE ROAD 60 BETWEEN 82" AVENUE AND 66THAVENUE -
JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO ADVANCE FUNDS FOR
WIDENING STATE ROAD 60 FROM 4 -LANES TO 6 -LANES
Assistant Public Works Director Chris Mora provided detailed background on this matter by
recapping backup memorandum dated January 7, 2008. He thereafter presented staff s recommendation to
approve Alternative 1, authorizing the Chairman to execute the Locally Funded Agreement to construct the
widening of SR60 between 82nd Avenue and 66th Avenue from 4 -lanes to 6 -lanes. He also requested that the
Board direct staff to amend the interest share fee ordinance to adjust the fees to reflect changes presented.
He thereafter responded to questions from the Board.
Betsy Jeffers, Department of Transportation (DOT), District 4, and Project Manager for
Design of SR 60, said they are on a tight schedule and are ready to proceed. She urged approval of the
Agreement.
ON MOTION by Commissioner Wheeler, SECONDED by Vice
Chairman Davis, the Board unanimously approved Alternative 1,
authorizing the Chairman to execute the Locally Funded
Agreement to construct the widening of SR60 between 82nd
Avenue and 66th Avenue from 4 -lanes to 6 -lanes, but to hold off
on the refunds until the actual cost is known. The Board also
directed staff to amend the State Road 60 Interest Share Fee
Ordinance to reflect the revised cost and repayment components
of the Locally Funded Agreement, as recommended in the
memorandum of January 7, 2008.
Chuck Mechling, 1999 Pointe West Drive, spoke of Assistant Director Mora and
Administrator Baird's involvement in the process and appreciated their time, diligence, and dedication to
the matter.
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January 15, 2008
PARTIALLY EXECUTED COPY OF AGREEMENT ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J. UTILITIES SERVICES
1. SAN SEBASTIAN SPRINGS SUBDIVISION, INDIAN RIVER COUNTY
PROJECT NO. UCP 3014, APPROVAL OF WORK ORDER NO. 6 TO
RETAIN CARTER ASSOC. FOR SURVEYING SERVICES
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved Work
Order No. 6 (Engineering/Surveying) from Carter Associates for
a total lump sum amount of $24,400.00, and authorized the
Chairman to execute Work Order No. 6 as recommended in the
memorandum of January 2, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY MATTERS
A. RESOLUTION DELEGATING AUTHORITY TO THE COUNTY
ADMINISTRATOR OR DESIGNEE TO CALL LETTERS OF CREDIT AND
ROAD MAINTENANCE SECURITY ISSUED UNDER CHAPTER 934,
EXCAVATION AND MINING, OF THE CODE OF INDIAN RIVER
COUNTY
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, to approve staff's
recommendation.
Attorney Collins disclosed that in light of this morning's earlier hearings, what this would
do is to allow under our ordinance, that the Board can delegate certain duties to our Administrator, and in
19
January 15, 2008
this case it would delegate the authority to call letters of credit relating to road maintenance security or
compliance bonds, and anything related to mines.
Commissioner O'Bryan thought they should continue to handle the matter the way they
have been, and felt it might be too much to lay on Administrator Baird's shoulders. Administrator Baird
agreed that it was a more fair process to continue things the way they have been.
Based on comments from Attorney Collins and Administrator
Baird, Commissioner Wheeler WITHDREW HIS MOTION.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Wheeler, the Board unanimously agreed to not
approve the resolution. Staff's recommendation DENIED.
13. COMMISSIONERS' ITEMS
COMMISSIONER SANDRA L. BOWDEN, VICE CHAIRMAN - NONE
B. COMMISSIONER WESLEY S. DAVIS , VICE
CHAIRMAN - NONE
1. ADDITION: REQUEST FOR TRAVEL EXPENSES FOR DR. SIDNEY
T. BACCHUS
(Clerk's note: this item was heard following the District Meetings)
Vice Chairman Davis informed the Board of a recommendation of the Agricultural
Advisory Committee (AAC) to retain the services of Dr. Sidney T. Bacchus to evaluate and review the
current water quality and usage of existing mining in Indian River County. He requested that the Board
approve travel expenses for Dr. Bacchus, not to exceed $1,000.00, to present her findings on the current
water quality and usage of existing mining in this County. He pointed out that Dr. Bacchus and the State
permitting agencies have opposing views on the effects of mines on our water supply.
20
January 15, 2008
MOTION WAS MADE by Vice Chairman Davis, SECONDED
by Commissioner Flescher, to approve the request for travel
expenses for Dr. Sidney T. Bacchus.
In response to questions from Commissioner Wheeler, Robert Adair, Chairman of the AAC,
provided curriculum vitae on Dr. Bacchus and explained the need to use her services.
Commissioner Wheeler did not want to set any precedence for consultants to come and offer
their services. Chairman Bowden thought it was a good thing to do this periodically. The Board debated
the need to use this Consultant's services.
The Chairman CALLED THE QUESTION and by a 4-1 vote
(Commissioner Wheeler opposed) the Board approved travel
expenses, not to exceed $1,000.00, for Dr. Sidney Bacchus to
visit the County to evaluate and review the current water quality
and the effects of mining activities on our water supply, as
requested in the memorandum of January 14, 2008.
Commissioner Wheeler made it clear that this has nothing to do with the Consultant's
expertise, but was just a matter of principle.
C. COMMISSIONER JOSEPH E. FLESCHER- NONE
D. COMMISSIONER PETER D. O'BRYAN -NONE
E. COMMISSIONER GARY C. WHEELER - NONE
14. SPECIAL DISTRICTS AND BOARDS
21
January 15, 2008
A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment of the Board of County
Commissioners Meeting, the Board would reconvene as the Board of Commissioners of the Emergency
Services District. Those Minutes are being prepared separately and are appended to this document.
APPROVAL OF MINUTES — REGULAR MEETING OF DECEMBER 18, 2007
APPROVAL FY 2007/08 EMS COUNTY AWARDS GRANT: PURCHASE OF
CAPITAL/OPERATING EQUIPMENT USING NON-MATCHING EMS
GRANT FUNDS AND GRANT RESOLUTION
B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency Services
District Board Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are being prepared separately and are appended to this document.
1. APPROVAL OF MINUTES — REGULAR MEETING OF DECEMBER 11,
2007
2. APPROVAL OF MINUTES — REGULAR MEETING OF DECEMBER 18,
2007
3. PUBLIC ANNOUNCEMENT FOR AN ANNUAL ELECTRONICS
RECYCLING EVENT ON .JANUARY 26, 2008
C. ENVIRONMENTAL CONTROL BOARD - NONE
22
January 15, 2008
II 13' be Sae
3. PUBLIC ANNOUNCEMENT FOR AN ANNUAL ELECTRONICS
RECYCLING EVENT ON JANUARY 26, 2008
C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN TRE 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 12:08 p.m.
ATTEST:
Jeffr . BlIon, Clerk PILaGxJ
Minutes Approved:
BCC/AA/2008 Minutes
January 15, 2008
FEB 0 5 2008
ra L. Bowden, Chairman
26
134 PS 3$7