HomeMy WebLinkAbout01/23/2007 (3)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 23, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS - NONE 1
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING FEBRUARY 4, 2007ASFOUR
CHAPLAINS INTERFAITH MEMORIAL DAY 2
5.B. PRESENTATION OF PROCLAMATION HONORING ETTA LOPRESTI FOR
RECEIVING THE 2006 THOMAS YATABE AWARD FOR OUTSTANDING
ACHIEVEMENT 2
5.C. PRESENTATION BY KEN GRUDENS, EXECUTIVE DIRECTOR, INDIAN RIVER
LAND TRUST REGARDING THE STATE'S FLORIDA FOREVER PROGRAM 2
6. APPROVAL OF MINUTES 2
7. CONSENT AGENDA 3
January 23, 2007 1
7.A. REPORTS PLACED ON FILE IN THE OFFICE OF CLERK TO THE BOARD: ANNUAL
FINANCIAL REPORT OF UNITS OF LOCAL GOVERNMENT AND THE ANNUAL
POST AUDIT REPORT FOR 2005-2006 FISCAL YEAR FOR THE SEBASTIAN INLET
DISTRICT COMMISSION 3
7.B. APPROVAL OF WARRANTS - JANUARY 5 -11, 2007 3
7.C. 2007 ELECTION OF PLANNING AND ZONING AGENCY (P&Z) CHAIRMANAND
VICE CHAIRMAN 3
7.D. 2007 ELECTION OF BEACH & SHORES PRESERVATION COMMITTEE (BEACH)
CHAIRMANAND VICE CHAIRMAN 4
7.E. APPOINTMENT OF DISTRICT 4 APPOINTEE TO THE CHILDREN'S SERVICES
ADVISORY COMMITTEE 4
7.F. 2007ELECTIONOFECONOMIC DEVELOPMENT COUNCIL (EDC) CHAIRMAN
AND VICE CHAIRMAN 4
7.G. MISCELLANEOUS BUDGET AMENDMENT 008 5
7.H. REQUEST FOR FINAL PAYMENT AND RELEASE OF RETAINAGE FOR WORK
ORDER NO. 2-RR FOR THE ROCKRIDGE SUBDIVISION SURGE PROTECTION
PROJECT 5
7i CHOOSE LIFE LICENSE PLATE FUNDING -ANNUAL AUDIT 5
7.J. CHOOSE LIFE LICENSE PLATE FUNDING -DISTRIBUTION OF FUNDS TO CARE
NET PREGNANCY CENTER OF INDIAN RIVER CO. 6
7.K. FINAL PAYMENT - WORK ORDER NO. 3, CREECHENGINEERS, INC. FOR:
LACONIA STREET EXTENSION FROM CR 510 TO WITHIN THE CITY OF
SEBASTIAN, IRC PROJECT NO. 0523 6
7.L. APPROVAL WORK ORDER No. 1 (ENGINEERING) WITH CH-CONSTRUCTION
TESTING & INSPECTION, INC. PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES
CONTRACT NO. 0534, 4TH STREET/COOCHDITCH BRIDGE REPLACEMENT
(PROJ. NO. 0209), 11TH STREET SW PAVING AND DRAINAGE PROJECT (PROJ.
No. 9321) 7
7.M. TOUSA HOMES INC. 'S REQUEST FOR FINAL PLAT APPROVAL FOR A
PLAT-OVER-SITE-PLAN SUBDIVISION TO BE KNOWN AS TAMARIND LAKES 7
January 23, 2007 2
7.N. BARKETT WATER SERVICE INSTALLATION AT 2015 OSLO ROAD, APPROVAL OF
FINAL PAYMENT TO CONTRACTOR 8
7.0. ANTILLES SUBDIVISION LINE STOPS ON 16 -INCH WATER MAIN, APPROVAL OF
CHANGE ORDER No. 1 AND FINAL PAYMENT TO CONTRACTOR 9
7.P. 4TH STREET BRIDGE REPLACEMENT OVER GOOCHDITCH (35THAVENUE)
AMENDMENT NO. 2 TO KIMLEY-HORN & ASSOCIATES, INC. CONTRACT IRC
PROJECT NO. 0209 9
7.Q. CONTRACT EXECUTION FOR IRC BID No. 2007020, GIFFORD HEALTH CENTER
GRADING, PAVING, DRAINAGE & BUS SHELTER IMPROVEMENTS 9
7.R. AMENDMENT NUMBER 4 TO CONTRACT BETWEEN OWNER AND ARCHITECT FOR
DESIGN OF NEW COUNTY ADMINISTRATION BUILDINGS 10
7.S. ACCEPTANCE OF CHANGE ORDER No. 3, NEW COUNTY EMERGENCY
OPERATIONS CENTER (EOC) 10
7. T. ACCEPTANCE OF CHANGE ORDER No. 4, NEW COUNTY EMERGENCY
OPERATIONS CENTER (EOC) 11
7. U. ACCEPTANCE OF CHANGE ORDER No. 22, FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS 11
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 12
9. PUBLIC ITEM 12
9.A.1. CONSIDERATION OF PROPOSED AMENDMENTS TO LDR CHAPTER 910
CONCURRENCY MANAGEMENT SYSTEM; TITLE X, IMPACT FEES; AND LDR
CHAPTER 912, SINGLE-FAMILY DEVELOPMENT (CONTINUATION OF
DECEMBER 5, 2006 PUBLIC HEARING 12
9.A.2. BOARD CONSIDERATION TO APPROVE PURCHASE OF THE "SEBASTIAN HARBOR
PRESERVE" SITE UNDER THE COUNTY ENVIRONMENTAL LAND ACQUISITION
PROGRAM 19
9.B. PUBLIC DISCUSSION ITEMS 22
January 23, 2007 3
9.B.1. REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN, GROWTH
AWARENESS COMMITTEE REGARDING PROPOSED COUNTY POLICY OF
RIGHT-OF-WAY ACQUISITION 22
9.C. PUBLIC NOTICE ITEMS 24
9. C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR FEBRUARY 6, 2007;
AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION 102.06. RULES OF
DEBATE (LEGISLATIVE) 24
10. COUNTY ADMINISTRATOR'S MATTERS - NONE 25
11. DEPARTMENTAL MATTERS 25
11.A. COMMUNITY DEVELOPMENT 25
11.A.1. CONSIDERATION OF THE STATUS OF WATERWAY VILLAGE'S (DIVOSTA)
PRIOR VESTED UNITS 25
11.A.2. DEMOLITION OF STRUCTURE LOCATED AT 21331ST COURT SE 26
11.A. 3. CONSIDERATION OF REVISIONS TO THE BUILDING DIVISION FEE SCHEDULE 26
11.B. EMERGENCY SERVICES -NONE 27
11. C. GENERAL SERVICES 27
11.C.1. REVIEW AND APPROVAL OF BOARD OF COUNTY COMMISSIONERS OFFICE 27
11.D. HUMAN RESOURCES -NONE 28
11.E. HUMANSERVICES-NONE 28
11.F. LEISURE SERVICES -NONE 28
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 28
11.H. RECREATION - NONE 29
11.L PUBLIC WORKS 29
11.L 1. AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC. FOR ROADWAY IMPROVEMENTS, 66THAVENUE
FROM 4THSTREETTO SR 60 — IRC PROJECT NO. 9810 29
11.J. UTILITIES SERVICES 30
11.J.1. SOUTH COUNTY REVERSE OSMOSIS PLANT - FDEP PERMIT RENEWAL FOR
DEMINERALIZED CONCENTRATE DISPOSAL WORK ORDER NO. 6 —
January 23, 2007 4
PROFESSIONAL SERVICES TO KIMLEY-HORN & ASSOCIATES, INC. AMENDMENT
No. 2 TO WORK ORDER No. 6 30
11.J.2. WEST WAABASSO COMMUNMITY WATER PROJECT -PHASE I STATUS, IMPACT
FEE FUNDING UPDATE AND PHASE II EXPANSION 31
12. COUNTY ATTORNEY MATTERS 31
12.A. EXECUTIVE AIDE CONTRACT 31
13. COMMISSIONER ITEMS 37
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 37
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR - NONE 37
13. C. COMMISSIONER WESLEY S. DAVIS - NONE 37
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 37
13.E. COMMISSIONER PETER D. O'BRYAN 37
13.E. 1. DISCUSSION OF COUNTY CHARTER GOVERNMENT 37
14. SPECIAL DISTRICTS AND BOARDS 39
14.A. EMERGENCY SERVICES DISTRICT - NONE 39
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE 39
14. C. ENVIRONMENTAL CONTROL BOARD - NONE 39
15. ADJOURNMENT 39
January 23, 2007 5
January 23, 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, January 23, 2006, at 9:00 a.m. Present were Chairman Gary C. Wheeler, Vice Chair
Sandra L. Bowden, Commissioners Wesley S. Davis, Joseph E. Flescher and Peter D. O'Bryan.
Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II,
Executive Aide to the Board Kimberly Massung, and Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Ray Scent, Gathering of Devoted Servants, 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
- NONE
January 23, 2007 1
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING FEBRUARY 4,
2007 AS FOUR CHAPLAINS INTERFAITH MEMORIAL DAY
Commissioner O'Bryan read and presented the Proclamation designating February
4, 2007 as Four Chaplains Interfaith Memorial Day to Larry Wapnick, President of the Veteran's
Council and Ernest Heaton, a Dorchester.
5.B. PRESENTATION OF PROCLAMATION HONORING ETTA LOPRESTI
FOR RECEIVING THE 2006 THOMAS YATABE AWARD FOR OUTSTANDING
ACHIEVEMENT
Commissioner Davis read and presented the Proclamation to Etta LoPresti.
5.C. PRESENTATION BY KEN GRUDENS, EXECUTIVE DIRECTOR, INDIAN
RIVER LAND TRUST REGARDING THE STATE'S FLORIDA FOREVER PROGRAM
Ken Grudens, Executive Director of the Indian River Land Trust, used a PowerPoint
presentation (copy on file) to define the Florida Forever Program and encouraged the Board to
support the development of the next "Florida Forever" in 2010.
6. APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of November 21, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
January 23, 2007 2
Minutes of the Regular Meeting of November 21, 2007, as
written and distributed.
7. CONSENT AGENDA
Chairman Wheeler requested Item 7.M. be pulled for discussion.
7.A. REPORTS PLACED ON FILE IN THE OFFICE OF CLERK TO THE
BOARD: ANNUAL FINANCIAL REPORT OF UNITS OF LOCAL GOVERNMENT AND
THE ANNUAL POST AUDIT REPORT FOR 2005-2006 FISCAL YEAR FOR THE
SEBASTIAN INLET DISTRICT COMMISSION
7.B. APPROVAL OF WARRANTS — JANUARY 5 -11, 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
January 5 - 11, 2007, as requested in the memorandum of
January 11, 2007.
7.C. 2007 ELECTION OF PLANNING AND ZONING A GENCY (P&Z)
CHAIRMAN AND VICE CHAIRMAN
The Board noted for the record, the election of Robert E. Bruce as Chairman and
George Christopher as Vice Chairman of the Planning & Zoning Commission Committee.
January 23, 2007 3
7.D. 2007 ELECTION OF BEACH & SHORES PRESERVATION COMMITTEE
(BEACH) CHAIRMAN AND VICE CHAIRMAN
The Board noted for the record the election of Mayor Tom White as Chairman and
Bob Anderson as Vice Chairman of the Beach and Shores Preservation Committee for 2007.
7.E. APPOINTMENT OF DISTRICT 4 APPOINTEE TO THE CHILDREN'S
SERVICES ADVISORY COMMITTEE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Commissioner O'Bryan's request to appoint Mr. Gerald
Lamothe as the District 4 Appointee to the Children's
Services Advisory Committee until January 2011, as
requested in the memorandum of January 16, 2007.
7.F. 2007 ELECTION OF ECONOMIC DEVELOPMENT COUNCIL (EDC)
CHAIRMAN AND VICE CHAIRMAN
The Board noted for record the re-election, by the Economic Development Council
of William Penney as Chairman and Peter Robinson as Vice Chairman of the Economic
Development Council.
January 23, 2007 4
7.G. MISCELLANEOUS BUDGET AMENDMENT 008
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution No. 2007-005, amending the Fiscal Year
2006-2007 Budget.
7.H. REQUEST FOR FINAL PAYMENT AND RELEASE OF RETAINAGE FOR
WORK ORDER No. 2 -RR FOR THE ROCKRIDGE SUBDIVISION SURGE
PROTECTION PROJECT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
release of retainage and payment of the entire final invoice
($9,144.00), as recommended in the memorandum of
January 15, 2007.
7.1. CHOOSE LIFE LICENSE PLATE FUNDING — ANNUAL AUDIT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Annual Choose Life Specialty License Plate Report and
authorized the Chairman to sign the Report for submittal to
the Department of Highway Safety and Motor Vehicles, as
recommended in the memorandum of January 15, 2007.
January 23, 2007 5
7.J. CHOOSE LIFE LICENSE PLATE FUNDING — DISTRIBUTION OF
FUNDS TO CARE NET PREGNANCY CENTER OF INDIAN RIVER CO.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
advanced distribution of the Choose Life License Plate
funds in the amount of $17,000.00, to Care Net Pregnancy
Center of Indian River County, with the stipulation that all
fund expenditures must be in accordance with Florida
Statutes, Sections 320.08056 and 320.08058(30).
Additionally, all documentation of expenditures and return
of unused funds must be received by the Indian River
County Budget Office no later than October 12, 2007, as
recommended in the memorandum of January 15, 2007.
7.K. FINAL PAYMENT — WORK ORDER No. 3, CREECH ENGINEERS, INC.
FOR: LACONIA STREET EXTENSION FROM CR 510 TO WITHIN THE CITY OF
SEBASTIAN, IRC PROJECT NO. 0523
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
payment in the amount of $4,171.50 for final and full
payment for Work Order No. 3 from the Fund 102, Traffic
Impact Fees, as recommended in the memorandum of
January 15, 2007.
January 23, 2007 6
7.L. APPROVAL WORK ORDER No. 1 (ENGINEERING) WITH
CTI -CONSTRUCTION TESTING & INSPECTION, INC. PROVIDING
PROFESSIONAL GEOTECHNICAL SERVICES IN ACCORDANCE WITH THE
ANNUAL GEOTECHNICAL SERVICES CONTRACT No. 0534, 4TH STREET/COOCH
DITCH BRIDGE REPLACEMENT (PROJ. No. 0209), 11TH STREET SW PAVING
AND DRAINAGE PROJECT (PROJ. No. 9321)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No 1, (Engineering) authorizing the project as
outlined in the scope of services and authorized the
Chairman to execute the Work Order for fee not -to -exceed
$8,540.54, as recommended in the memorandum of
January 8, 2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. TOUSA HOMES INC. 'S REQUEST FOR FINAL PLAT APPROVAL FOR A
PLAT -OVER -SITE -PLAN SUBDIVISION TO BE KNOWN AS TAMARIND LAKES
Chairman Wheeler wanted a better understanding to determine if this item needed to
be reviewed by the Planning and Zoning Commission (P&Z) before coming to the Board for
approval.
Community Development Director Bob Keating explained that P&Z had already
approved the preliminary plat and site plan. He further explained that at a previous meeting the
Developer's Agreement went to the Board before the actual development project (that created the
January 23, 2007 7
impacts) went to P&Z. He also noted that the Developers Agreement does not commit the County
to do anything if the project was not approved by P&Z.
Donna Keys, Planning and Zoning Commission, voiced concern because after a
certain Developer's Agreement was approved by the Board, then the project went to P&Z, the
applicant had asked, "how can you deny this item when the Board of County Commissioners
already approved the Developer's Agreement?" Ms. Keys found it to be an intimidating factor and
wanted to know what the procedures would be in the future.
Chairman Wheeler said this would be placed on the February Agenda and direction
would be given at that point.
ON MOTION by Chairman O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously tabled this
item until February 2007 to address the procedures for
approving Developer's Agreements.
7.N. BARKETT WATER SERVICE INSTALLATION AT 2015 OSLO ROAD,
APPROVAL OF FINAL PAYMENT TO CONTRACTOR
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
total labor cost of $2,937.00, and approved Application for
Pay Request No. 1 — Final as final payment to The Danella
Companies, Inc., in the amount of $2,937.00, as
recommended in the memorandum of January 9, 2007.
January 23, 2007 8
7.0. ANTILLES SUBDIVISION LINE STOPS ON I (INCH WATER MAIN,
APPROVAL OF CHANGE ORDER No. I AND FINAL PAYMENT TO CONTRACTOR
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order No. 1 for $2,322.03, and approved
Application for Pay Request No. 1 — Final as final payment
to The Danella Companies, Inc., in the amount of
$19,416.65, as recommended in the memorandum of
January 15, 2007.
7.P. 4TH STREET BRIDGE REPLACEMENT OVER COOCH DITCH (35TH
AVENUE) AMENDMENT No. 2 TO KIMLEY-HORN & ASSOCIATES, INC.
CONTRACT IRC PROJECT NO. 0209
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Amendment No. 2 for $17,050.00, and authorized the
Chairman to execute the contract, as recommended in the
memorandum of January 16, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Q. CONTRACT EXECUTION FOR IRC BID No. 2007020, GIFFORD
HEALTH CENTER GRADING, PAVING, DRAINAGE & BUS SHELTER
IMPROVEMENTS
January 23, 2007 9
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized
the Chairman to execute the Contract Documents, as
recommended in the memorandum of January 16, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.R. AMENDMENT NUMBER 4 TO CONTRACT BETWEEN OWNER AND
ARCHITECT FOR DESIGN OF NEW COUNTY ADMINISTRATION BUILDINGS
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously accepted
Amendment No. 4 to the primary Contract with Donadio
and Associates in the amount of $8,500.00, for architectural
services, as recommended in the memorandum of January
9, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.S. ACCEPTANCE OF CHANGE ORDER No. 3, NEW COUNTY
EMERGENCY OPERATIONS CENTER (EOC)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously accepted
Change Order No. 3 to the Emergency Operations Center,
January 23, 2007 10
with Turner Construction Company, as recommended in
the memorandum of January 16, 2007.
CHANGE ORDER NO. 3 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.T. ACCEPTANCE OF CHANGE ORDER No. 4, NEW COUNTY
EMERGENCY OPERATIONS CENTER (EOC)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order No. 4, with Turner Construction, that will
result in a decrease to the GMP by $61,188.00, resulting in
a new GMP of $4,236,004.00, and an increase to the
Owner's Contingency by the amount of $3,771.00, for a
total Owner Contingency of $45,322.00, as recommended
in the memorandum of January 16, 2007.
CHANGE ORDER NO. 4 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.U. ACCEPTANCE OF CHANGE ORDER No. 22, FOR THE NEW COUNTY
ADMINISTRATION BUILDINGS
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously accepted
Change Order No. 22, as recommended in the
memorandum of January 16, 2007.
January 23, 2007 11
CHANGE ORDER NO. 22 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEM
9.A.1. CONSIDERATION OF PROPOSED AMENDMENTS TO LDR CHAPTER
910 CONCURRENCY MANAGEMENT SYSTEM; TITLE X, IMPACT FEES; AND
LDR CHAPTER 912, SINGLE-FAMILY DEVELOPMENT (CONTINUATION OF
DECEMBER 5, 2006 PUBLIC HEARING)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling provided a hand-out and displayed a summary sheet
(copy on file) defining Chapter 910, Title X and Chapter 912 Amendments that resulted from the
workshop of January 5, 2007. He explained the process of how to determine the cost of impact
fees.
Commissioner O'Bryan wondered if a project needed three (3) or four (4) trips, and
if it would be financially feasible to enter into a proportionate share agreement. Director Keating
gave an explanation regarding trip and proportionate share amounts.
Chairman Wheeler opened the public hearing.
Joseph Paladin, Chairman of the Growth Awareness Committee, voiced concerns
regarding conservation and traffic decisions being made within the County. He said analyzations
January 23, 2007 12
needed more clarification so that people would know what the information is based on and where it
came from. Mr. Paladin felt that when capturing trips commercial and residential developments
needed to be looked at differently and he wanted to see two separate traffic studies. He wanted to
see the Board adopt the "pending ordinance".
Spencer Simmons, 118 43rd Avenue, Simmons Homes, agreed with Mr. Paladin
regarding vesting by commercial developers and did not feel there was enough vesting since WCI
Communities, Inc. took all the trips on US 1. He agreed with Mr. Paladin that commercial
development needed to be looked at differently.
There was a brief discussion between Director Keating and the Commissioners
regarding vesting by WCI Communities, Inc.
Chris Mora, Assistant Public Works Director said as a result of the January 5th
workshop, staff had looked at three scenarios (small, medium and large subdivisions). Staff took
the changes that were proposed in Chapter 910, applied them to the trip thresholds and they all
significantly dropped links. He concluded that each of the thresholds had a substantial number of
links but the smaller projects benefited more.
Discussion continued as Vice Chair Bowden requested clarification on
"conservative" numbers regarding threshold, links and trips.
Commissioner Davis commented that vesting and traffic counting should be
discussed separately. He thought "what and when" to invest should be looked at first.
Jerry Swanson, 3001 Ocean Drive, believed that once the commercial situation was
worked -out, the traffic and residential trips would improve. He did not want the Board to take
action until they reviewed it again and he supported staffs recommendation.
January 23, 2007 13
A lengthy discussion ensued regarding de minimis trips, impacts, counting, and
five-year vesting.
Mark Brackett, 1915 34th Avenue, felt that the consultant's report provided a de
minimis number that laid out what was appropriate and he suggested using it. He did not want the
Board to vote yet and expressed how important it was for them to review the recommendation
before they did so.
Chuck Mechling, 1999 Pointe West Drive, did not want the Board to vote yet. He
wanted to see one more workshop before they voted and hoped they would take the consultant's
concepts into consideration.
Bruce Barkett, 3011 Nassau Drive, thought the Board should support staff s
recommendation as it was presented. He said they will never get anything that is "perfect" so he
wanted them to vote today then tweak it as needed.
Andrew Kennedy 535 Eugenia Road, agreed with Mr. Barkett and supported
staff s recommendation.
Richard Bialoski, 940 Oyster Shell Lane, voiced that he stood on the side of staff s
recommendation and he wanted the Board to vote.
The Chairman called a recess at 10:34 a.m. and he reconvened the meeting at 10:48
a.m. with all members present.
January 23, 2007 14
Henry Muller, 7355 35th Court, asked if he could get building permits to build on
his fourteen (14) lots. He emphasized that an individual's lot should have as much consideration
as the major builders' lots.
Discussion ensued as the Board questioned Mr. Muller about his concerns regarding
lots, vesting, concurrency, building permits and the pending ordinance.
Chairman Wheeler announced that the Board would make their decision today. He
also expressed that the Board was very interested in getting the roads built as they were looking at
three years to solve the problem and four years to see their improvements.
Gene Lessard felt that vesting should be at the time of permit and wanted the Board
to know that "the smaller builder has a right to exist".
Peter Robinson, 315 Greytwig Road, felt that the Board needed to keep the impact
fee payment due at building permit application.
Nancy Offutt, Vero Beach, representing the Treasure Coast Builders Association,
said building wider and faster roads was not the solution, and hoped the Board would take a
creative approach toward mitigating instead of "paving over". She suggested capturing traffic
instead of generating it.
John Blum, 638 Tulip Lane, said since there was no fix for US 1 and the
Department of Transportation had no plans to fix it, he thought this would be a "measure to let
some of the smaller projects move forward".
David Ederer, 1351 Seahawk Lane, urged the Board to go with Chapter 910 and
staff's recommendation but wanted them to drop the pending ordinance.
January 23, 2007 15
There were no additional speakers and the Chairman closed the public hearing.
Vice Chair Bowden asked Attorney Collins when the pending ordinance was
adopted. Attorney Collins said it had been since October 4, 2005. He summarized the idea of a
pending ordinance and why it had been held -up. He did not feel that the pending ordinance should
be dragged -out any longer and thought the staff report should be adopted, then tweaked as needed.
Commissioner Davis voiced how important it was to keep "vesting at building
permit" on the table.
Commissioner O'Bryan questioned Directing Keating for clarification regarding the
proposed wording of rationing and wanted to ensure that small sites would still allow remaining
capacity on that link. Director Keating said that it would, as long as the capacity remained.
Commissioner O'Bryan thought the traffic situation still needed work and suggested the Board
support the recommendation of the traffic consultant.
Vice Chair Bowden commented that traffic in the community was a quality of life
issue and asked if the Highway Capacity Software (HCS) should be used since it was so old, or if
there was something easier and better that could be utilized. Discussion ensued and Mr. Mora
explained that even though the HCS was old, it was continually updated.
Chairman Wheeler summarized what had been said then voiced that he did not think
it was necessary to have another workshop. He favored vesting at building permit and wanted to
see the pending ordinance become permanent, then critique as needed.
Commissioner Davis agreed, however, he felt that the pending ordinance should
also allow for proportionate share or other guaranteed agreements for major road improvements.
January 23, 2007 16
Discussion ensued regarding Senate Bill 360 and whether it would serve the pending
ordinance. Director Keating advised Commissioner Davis that the County had already adopted the
proportionate share ordinance and that it was a requirement of the State. He explained that the
biggest challenge would be for the developers, because they probably would not get financing for
their infrastructure improvements.
A lengthy question and answer period continued as the Commissioners sought
details from staff
the motion.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chair Bowden, to accept staff's
recommendation as presented.
Chairman Wheeler, Commissioners Davis and Flescher said they could not support
The Chairman CALLED THE QUESTION and by a vote
of 2-3, (Chairman Wheeler, Commissioners Davis and
Flescher opposed), the MOTION FAILED.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to adopt the
current Land Development Regulations Chapter 910
"pending" ordinance, with revision allowing vesting only at
time of building permit issuance, except for proportionate
share agreements and other types of guaranteed
improvement situations.
January 23, 2007 17
Discussion ensued regarding setting a threshold for a timeframe for certification.
Director Boling defined the changes to clarify the motion.
MOTION WAS AMENDED by Commissioner Davis,
SECONDED by Vice Chair Bowden, to include a threshold
of 7 -years for proportionate share to other guaranteed
agreements.
The Chairman CALLED THE QUESTION and by a vote
of 4-1, (Commissioner O'Bryan opposed) the Motion
carried. The Board adopted Ordinance 2007-001,
concerning amendments to Land Development Regulations
(LDRs); Chapter 910, Concurrency Management System,
by amending Section 910.07(1)(A) through (F) to change
initial development order classifications and update
terminology for charges and fees; by amending Section
910.07(2) to establish de minimis exemption for certain
single-family lots and parcels lawfully created prior to June
18, 1991; by amending section 910.08(2) to update
terminology and change 5 year initial concurrency to 7
years for projects with special Developer's Agreements; by
amending Section 910.09(4)(B) to change trip assignment
thresholds for 2 -lane and multi -lane roadways, and
establish use of fractional trips to track single-family road
impacts; providing for Amendments to Chapter 1000, Title
X, Impact fees, to update concurrency references;
providing for amendments to LDR Chapter 912,
January 23, 2007 18
single-family development, to update concurrency and
Impact Fee References; providing for repeal of conflicting
provisions; codification; severability; and effective date.
The Chairman called a recess at 11:49 a.m. and he reconvened the meeting at
12:02 p.m.
9.A.2. BOARD CONSIDERATION TO APPROVE PURCHASE OF THE
"SEBASTIAN HARBOR PRESERVE" SITE UNDER THE COUNTY ENVIRONMENTAL
LAND ACQUISITION PROGRAM
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Roland DeBlois, Environmental and Code Enforcement Chief, using a PowerPoint
presentation provided a brief history of the Sebastian Harbor Preserve. He requested the Board
approve the purchase of environmental property under the terms of the option agreement and the
City and County not proceed with extending Fleming Street through the north portion of the
property.
Vice Chair Bowden wanted to know how much shared -funding was anticipated.
Mr. DeBlois felt very confident that it could be fifty percent.
Chairman Wheeler opened the public hearing.
Graham Cox, 1213 George Street, Sebastian, is a close neighbor of the property
under consideration and works with the Audubon Society in New York. He supported the
January 23, 2007 19
proposal but cautioned the Board to make sure there would be money allotted for stewardship
(damage from vehicles, hikers, mountain bikers, etc).
Bob Johnson, Coral Winds Subdivision, wanted to see the preserve renamed to the
"Indian River County Preserve" since it was a County bond issue. He wanted to see this move
forward.
Dale Simchick, 766 S. Easy Street, said she had been working a long time to
preserve this property from development and was pleased the County was now taking -over the
process. She informed the Board that this area was saturated with wild life and emphasized how it
was a high threat to be developed into a site of 301 homes. She said the share -funding meets the
criteria of the bond money which exists. The Fleming Street Extension was not on the City's
Comprehensive Plan or wish list and she wanted to see the purchase go forward.
Robin Myers, 739 S. Easy Street, said her property "backed -up" to said land and
that she was a steward for the property. She said she would support whatever they decided to name
it.
Peter Robinson with Laurel Homes, said he was the developer next door to this
property and was amazed with all the wildlife on this property. He informed the Board that if they
did not buy it, they would be missing a real opportunity and he supported the program.
Eugene Wolff, 757 Wimbrow Drive, Sebastian, was concerned that the purchase of
the property would jeopardize the entire Land Act Acquisition Program in the County. He wanted
the Board to show due diligence when spending such a "huge chunk" of taxpayer's money.
Discussion ensued as Commissioner Flescher asked Mr. DeBlois about the timelines
for appraisals and how much money he anticipated for a matching grant.
January 23, 2007 20
Jens Tripson, 2525 14th St., spoke on behalf of the Pelican Island Audubon Society.
He said that "raw land" had not gone down in price and felt that if the County did not purchase it
now, it would cost more later or be built upon so he urged the Board to go through with the
purchase.
Robert Johnson, Sebastian, said he lived adjacent to the property and he reflected
how close the property had come to being developed, so he wanted the County to purchase the
property so the wildlife would be preserved.
Joseph Paladin, 6450 Tropical Way, a local developer, thought the property was
valuable, felt it to be a good deal, and supported the purchase. He wanted to know what would
happen to the development rights on the property. Staff said it would be a full fee simple purchase,
with the County being the full titleholder.
Director Keating added that the development rights would be extinguished.
David Cox, Periwinkle Drive, wanted the Board to take staff's recommendation to
add this property to the list of the County's fully -owned environmental lands. He also wanted the
Board to continue fostering the civic care of our treasures.
Joseph Kazari, 1401 Thornhill Lane, spoke on behalf of his wife, Julie. He said she
wanted the Board to purchase the property and to use it as a transporting station (for tortoise being
moved from developing locations) or consider putting a winding bike path on it.
Cathy Thomas, 2109 SE 2nd Ave. supported the purchase of the property.
January 23, 2007 21
Damien Gilliams, 1623 US 1, was in favor of purchasing the property, however he
also wanted to see matching funds for the homeless.
Chairman Wheeler explained that this was a Bond Referendum and the money was
to be used specifically for this area's agriculture, conservation or historical lands, and it is not
allowed to be used for anything else. He felt it necessary to explain that over one million dollars
were given to various organizations every year to help people. He did not want anyone to think
that certain areas within the community were being neglected.
There were no additional speakers and the Chairman closed the Public Hearing.
There was a brief question and answer period between the Board and Mr. DeBlois
regarding matching funds, and Commissioner Davis suggested giving the Sebastian
Environmental Lands Advisory Committee (if permitted) an opportunity to maintain the preserve
property. Chairman Wheeler agreed and thought it needed to be explored.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Wheeler, the Board unanimously approved
to exercise the "Sebastian Harbor Preserve" parcel option
agreement, and authorized staff to proceed with due
diligence and close the purchase, as recommended in the
memorandum of January 15, 2007.
9.B. PUBLIC DISCUSSION ITEMS
9.B.1. REQUEST TO SPEAK FROM JOSEPH PALADIN, CHAIRMAN, GROWTH
A WARENESS COMMITTEE REGARDING PROPOSED COUNTY POLICY OF
RIGHT-OF-WAY ACQUISITION
January 23, 2007 22
Clerk's Note: This item was heard after Item JJ.A.3. and is placed here for
continuity.
Mr. Paladin once again sought approval from the Board for his Proposed County
Policy on Right -of -Way Acquisition which he submitted on December 5, 2006. He wanted to
achieve timely acquisitions of necessary right-of-way for road expansion and improvement.
Commissioners Davis and Bowden wanted to hear input from staff before voting on
the policy.
Discussion ensued as Jim Davis, Public Works Director, informed the Board that
many of the suggestions were currently being implemented, and he informed the Board of some
possible problems.
Mr. Paladin further added that the Policy would put everything in "black and
white", which would help to alleviate the "gray area". He specified that occasionally it might not
work but overall it would lay down a guideline. He thought the principles of resolutions might be
better than an ordinance.
County Attorney Collins remarked on a couple bulleted items, then said as long as it
was a "policy", and there would be leeway to depart from it when circumstances dictated, then he
did not see a problem.
The Commissioners voiced various concerns to Director Davis regarding
completion timeframes and flexibility.
January 23, 2007 23
Vice Chair Bowden wanted to know if the Legal Department and staff had
signed -off on the proposed policy. Director Davis informed her that staff found no problem with
the general policy guideline because it was not a rigid policy.
County Attorney Collins informed the Board that if it was going to be implemented
as a Policy, then it should be re -drafted as a Resolution, which would be a general policy, then it
would not be binding in every case.
Assistant County Attorney William Debraal acknowledged reviewing the proposal
and asked the Board to give staff direction.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously directed
staff to draft a Resolution of Mr. Paladin's proposed Policy
of Right -of -Way Acquisition for Road Improvement
Projects and bring it back to the Board on February 6, 2007.
The Chairman called a recess at 1:32 p.m. and he reconvened the meeting at 1:43
p.m. with all members present.
(Clerk's Note: Item No. 12.A. was heard following the recess.)
9.C. PUBLIC NOTICE ITEMS
9.C. 1. NOTICE OF SCHEDULED PUBLIC HEARING FOR FEBRUARY 6, 2007;
AMENDMENT TO INDIAN RIVER COUNTY CODE SECTION 102.06. RULES OF
DEBATE (LEGISLATIVE)
January 23, 2007 24
Executive Aide Kimberly Massung read the Public Notice into the record.
10. COUNTY ADMINISTRATOR'S MATTERS - NONE
11. DEPARTMENTAL MATTERS
II.A. COMMUNITY DEVELOPMENT
II.A.I. CONSIDERATION OF THE STATUS OF WATERWAY VILLAGE'S
(DIVOSTA) PRIOR VESTED UNITS
Director Boling informed the Board that since the meeting of December 5, 2006,
staff had not vested any additional Waterway Village units, and had continued to keep the 733
previously vested units in the concurrency management system. He said that staff requested the
Board to either confirm staff's decision to continue to vest the units or direct staff to make
appropriate changes. Director Boling gave a PowerPoint presentation (copy on file) which
summarized vesting for Waterway Village. He stated that staff recommended there be no changes
to the vesting of the 733 units at this time.
Attorney John Shubin, from Shubin and Bass, Special Counsel to the County,
agreed with staff, that 234 units must be vested and all impact fees must be paid, however, he did
not think the 733 -units required vesting.
MOTION was made by Vice Chair Bowden, SECONDED
by Commissioner Davis, to table this item to allow
Attorney Shubin and staff to work out the problems and
provide a recommendation to the Board.
There was a brief discussion regarding the units already vested.
January 23, 2007 25
The Chairman CALLED THE QUESTION. The Board
unanimously approved to table this item and directed staff
to work with Attorney Shubin to prepare a recommendation
to the Board.
11.A.2. DEMOLITION OF STRUCTURE LOCATED AT 2133 1ST COURT SE
James "Buddy" Akins, Director of the Building Division, used a PowerPoint
presentation to provide updated status on the demolition of the structure located at the subject
address. He showed the Board pictures of how the owner had resolved outstanding code issues
with the building and improved its appearance. He requested the Board rescind the condemnation
action and allow the owner to acquire a Certificate of Occupancy.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
to rescind the condemnation action of November 14, 2006,
for the structure located at 2133 1st Court SE, and allow the
owner up to 60 -days additional time to acquire a Certificate
of Occupancy for this residence, as recommended in the
memorandum of January 10, 2007.
11.A.3. CONSIDERATION OF REVISIONS TO THE BUILDING DIVISION FEE
SCHEDULE
January 23, 2007 26
James "Buddy" Akins, Director of Building Division, wanted the Board to approve
the proposed permit fee schedule (copy in backup). He recapped the various fees and said
everything was based on evaluation.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-006, amending the fees for the various
building permits and related inspections.
11.B. EMERGENCY SERVICES — NONE
11. C GENERAL SERVICES
11.C.1. REVIEW AND APPROVAL OF BOARD OF COUNTY COMMISSIONERS
OFFICE
Clerk's Note: This Item was heard after Item No. 11.1.1.and placed here for
continuity.
Tom Frame, General Services Director, directed the Board to review Drawing E
(Copy on file) and felt it would be the drawing that would work best, based on suggestions from
the architect, plus it would give additional privacy. He wanted the Board to review and confirm
said drawings before staff ordered the furniture.
There was a brief question and answer period regarding wall extensions,
workstations, and the reception area.
January 23, 2007 27
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the layout depicted with an E, since it would appear that the
Board would ultimately move towards the use of aides, and
that the close arrangement of the workstations to the
individual Commissioners would also benefit the
Commissioners by having the current Administrative
Assistants closer to address their individual and specific
needs, as recommended in the memorandum of January 17,
2007.
Discussion ensued regarding the extension of specific walls for further privacy, to
comply with the "Sunshine Law". Vice Chair Bowden wanted to amend her Motion to extend
specific walls for further privacy.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
to extend specific walls for further privacy.
11.D. HUMAN RESOURCES - NONE
11.E. HUMAN SERVICES — NONE
11.F. LEISURE SERVICES - NONE
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
January 23, 2007 28
11.H. RECREATION - NONE
11.I. PUBLIC WORKS
11.1.1. AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH CARTER ASSOCIATES, INC. FOR ROADWAY IMPROVEMENTS, 66TH
AVENUE FROM 4TH STREET TO SR 60 - IRC PROJECT NO. 9810
Clerk's Note: This Item was heard after Item J1.J.1. and placed here for continuity.
Jim Davis, Public Works Director, informed the Board that Amendment No. 5 was
to provide for the connection of College Lane at 16th Street to the 66th Avenue intersection.
Originally the intersection was to be north of the 16th Street alignment but it made more sense to
construct the connection at 16th Street which would allow the communities to the west of 66th
Avenue direct access to the Community College and 66th Avenue. Director Davis mentioned that
this would change the engineering drawings (which had already been completed). He also noted
that the grade would need to be raised which would increase the Carter Associates, Inc. contract
for a lump sum of $21,460.00
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved
Alternative No. 1, Amendment No. 5 to the Professional
Services Agreement with Carter Associates, Inc. for road
improvements, 66th Avenue from 4th Street to SR 60, as
recommended in the memorandum of January 16, 2007.
CHANGE ORDER NO. 022 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 23, 2007 29
11.J. UTILITIES SERVICES
11. J.1. SOUTH COUNTY REVERSE OSMOSIS PLANT — FDEP PERMIT RENEWAL
FOR DEMINERALIZED CONCENTRATE DISPOSAL WORK ORDER No. 6 —
PROFESSIONAL SERVICES TO KIMLEY-HORN & ASSOCIATES, INC.
AMENDMENT NO. 2 TO WORK ORDER No.
Clerk's Note: This Item was heard prior to Item 11.1.1. and is placed here for
continuity.
Erik Olson, Director of Utility Services said the Florida Department of
Environmental Protection (FDEP) requested additional testing and analysis before a renewal
permit could be obtained. He requested the Board approve an allowance and additional
authorization for Kimberly -Horn & Associates, in the amount of $42,100.00, to include sampling,
testing and engineering associated with it; however there was money left over from a previous
authorization so the actual amount would be $31,100.00.
ON MOTION by Commissioner Bowden, SECONDED by
Chairman Wheeler, the Board unanimously approved (a)
Amendment No. 2 to Work Order No. 6 to Kimberly —
Horn, Inc. in the amount of $31,100.00 for additional
coordination, sampling, evaluation and lab cost, and (b)
Authorized the Chairman to execute Agreement for
Professional Services.
AMENDMENT NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 23, 2007 30
11..1.2. WEST WAABASSO COMMUNMITY WATER PROJECT — PHASE I STATUS,
IMPACT FEE FUNDING UPDATE AND PHASE II EXPANSION
Clerk's Note: This Item was heard after Item No. 12.A. and placed here for
continuity.
Erik Olson, Director of Utility Services, notified the Board that Phase I of the
Project had successfully come to a conclusion. He explained how the funding was supplied and
requested approval: (1) to utilize funds from the General Contingency Fund for $61,100.00, (2) to
move forward into Phase II, and (3) to allow the General Contingency Fund to cover $32,500.00 in
impact fees for Phase II.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
(a) using the General Contingency Fund to cover
$61,100.00 in impact fees for Phase I, (b) Phase II
expansion to serve an additional 25 residences, and (c) the
use of the General Contingency Fund to cover an additional
$32,500.00 in impact fees for Phase II, as recommended in
the memorandum of January 17, 2007.
12. COUNTY ATTORNEY MATTERS
12.A. EXECUTIVE AIDE CONTRACT
Clerk's Note: This item was heard prior to Item No.11.J2.
January 23, 2007 31
Assistant County Attorney William Collins informed the Board that Executive Aide
Kimberly Massung desired to invoke Section 9 of the Severance Provisions of her contract.
Attorney Russ Petersen, representing Kim Massung referred the Board to the 12 -month
Severance Estimate Spreadsheet (on file) which he handed out, then he reviewed each column. He
informed the Board that there were issues of entitlement, namely: (1) deferred compensation over
12 -months (as part of her severance package), (2) whether she was entitled to be compensated for
the 5 -months remaining on her contract, or (3) whether Mrs. Massung was limited to 12 -months
severance only. He said rather than contest the issues through a declaratory action in court to
determine the parties' respective rights under the contract, he and Attorney Collins recommended
a compromise. Attorney Petersen suggested the 12 -month severance package (without deferred
compensation), and pay one-half the balance on Mrs. Massung's contract (2-1/2 months) to
include accruals of annual leave, sick leave and deferred compensation. Attorney Petersen further
suggested the Board take this opportunity to end the contract for all subsequent employees who
would fill this position.
Attorney Collins mentioned that the numbers were preliminary, the package was taxable,
and there could be no deferment.
Commissioners Flescher, Davis and O'Bryan voiced their concerns and asked questions of
Attorney Petersen for a better understanding of the contract and the resignation.
Attorney Collins informed the Board that if the contract could not be terminated as
requested, then it would be up to Mrs. Massung to resign, walk -away, or assert that she was
resigning "under pressure" or "circumstances suggesting constructive discharge".
There was a brief question and answer period between the Board and Attorney
Collins regarding Mrs. Massung's severance package.
January 23, 2007 32
Chairman Wheeler voiced that he could only support what the contract stated
(12 -months, not the additional 2-1/2 months) and that it had nothing to do with Mrs. Massung's job
performance. He wanted to see her stay until June without renewing her contract as it was before.
Commissioner O'Bryan felt that Mrs. Massung "must have felt pressured" since she
voiced concerns of "walking away". He wanted to see her stay until the end of her contract (June
20, 2007) then execute the severance pay, but he did not agree with the 2-1/2 month settlement nor
the automobile allowance.
Attorney Peterson informed the Board that due to the anticipated move into the
new building, Mrs. Massung would be willing to work for a few more months to allow for a
smooth transition.
There was a brief question and answer period between the Board and Attorney
Collins regarding the automobile allowance and not implementing future employment contracts.
Clerk's Note: The Chairman released Attorney Petersen and Mrs. Massung at 2:15
p.m. for an Attorney/Client consultation. They returned at 2:43 p.m.
Upon returning, Attorney Petersen informed the Board that Mrs. Massung expressed
a desire to: (1) leave immediately, (2) receive the 12 -months severance package, and if needed she
would (3) be willing to work 30 more days.
Discussion ensued by the Board to obtain a clearer understanding of Mrs. Massung's
contract, severance package, and desires.
January 23, 2007 33
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner O'Bryan, to terminate Mrs.
Massung's contract as written (with a 30 -day notice).
Chairman Wheeler suggested appointing Darcy Vasilas to the
position in the interim.
Attorney Collins explained and confirmed the components of the severance pay.
The Board accepted input from former Commissioner and Chairman Arthur
Neuberger. He informed the Board that he was the Chairman when Mrs. Massung's contract was
implemented. He said the harassment clause was put in the contract at that time for a specific
reason, and he felt that she was leaving due to the harassment from one of the Commissioners.
Chairman Wheeler felt that Mrs. Massung needed to work closely with Mrs. Vasilas
through the transition period over the next 30 -days. Attorney Petersen confirmed that Mrs.
Massung would agree to do that.
MOTION WAS AMENDED by Commissioner Davis to
remove the 30 -day notice and terminate the contract
immediately. Commissioner O'Bryan RESCINDED his
SECOND and the MOTION DIED.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Wheeler, the Board by a 2-3
vote (Vice Chair Bowden and Commissioners Davis and
Flescher opposed) to accept a 30 -day termination notice
from Mrs. Massung and provide her with a severance
January 23, 2007 34
package that covers Section 9 severance as presented in the
spreadsheet. MOTION FAILED.
Commissioner Flescher felt $130,000.00 was a lot of money and he wanted more
answers before proceeding.
Vice Chair Bowden did not wish to terminate the contract.
Discussion continued among the Commissioners and Commissioner Davis
expressed he did not want to take further action without a reason. The Board questioned Mrs.
Massung's termination after she just received a strong vote of confidence at a prior meeting.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Flescher, not to take action
on this item.
Discussion continued as to why this was taking place.
Attorney Petersen asked the Board how much detail the Board wanted to take a
political action.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved to take no action
on this item.
Attorney Petersen announced that one of the reasons that Mrs. Massung wanted to
terminate the contract was due to pressure from one or more commissioners. After hearing his
January 23, 2007 35
comment, Commissioner Davis announced that he wanted to go with his original motion to
terminate the contract immediately.
Chairman Wheeler said he would support Commissioner Davis if the 30 -days were
added because he felt the transition period was very important.
There was more discussion regarding the perception of "undue pressure" and the
explanation of why Chairman Wheeler added the vote of confidence to the agenda.
MOTION WAS MADE by Commissioner Davis, to
remove the 30 -day notice and terminate the contract
immediately. There was no SECOND. MOTION DIED.
Commissioner Davis felt that Mrs. Massung had obviously found "something so
bad" that she did not want to stay until the end of her contract so he suggested giving her what she
wanted.
this item.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner O'Bryan, to terminate the
contract immediately.
Discussion ensued whereby Commissioner Flescher pursued obtaining a reason for
Vice Chair Bowden and Commissioner Davis wanted to move forward.
The Chairman CALLED THE QUESTION. By a 3-2 vote
(Vice Chair Bowden and Commissioner Flescher opposed)
January 23, 2007 36
the Board terminated the contract of Executive Aid
Kimberly Massung, effective immediately.
The Chairman called a recess at 2:43 p.m. and he reconvened the meeting at 3:31
p.m. with all members present.
13. COMMISSIONER ITEMS
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
13.B. COMMISSIONER SANDRA L. BoWDEN. VICE CHAIR - NONE
13. C COMMISSIONER WESLEY S. DAVIS - NONE
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
13.E. COMMISSIONER PETER D. O'BRYAN
13.E.1. DISCUSSION OF COUNTY CHARTER GOVERNMENT
Commissioner O'Bryan wanted to protect and preserve Indian River County's
quality of life and was convinced that a Charter Government process would do that.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Wheeler, to direct the County
Attorney and appropriate staff to prepare a simple Charter
Ordinance pursuant to the optional County Charter Law
January 23, 2007 37
that contains the concepts that were discussed at the
January 17, 2007 workshop. The Board also permitted staff
to proceed in holding public hearings, take public
comments, and write-up Charter Ordinances.
Under discussion, Vice Chair Bowden wanted to see more workshops before
requesting staff to draft an ordinance on Charter Government.
Commissioner O'Bryan said he had planned to have four to six more workshops
spread throughout the County to ensure dissemination of the information. He felt that drafting an
ordinance would help the workshops to stay "more focused".
Chairman Wheeler suggested hiring a consultant for direction. He wanted to
implement a draft ordinance so the workshops could use it for discussion, debate, and then change
as needed.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board directed the County
Administrator to authorize an expenditure up to
$25,000.00, to hire a Consultant/Facilitator to assist the
Board and staff with developing the Charter Ordinance and
schedule and facilitate a series of public workshops and
public hearings.
Discussion ensued between Commissioners O'Bryan and Flescher regarding the
$25,000.00 figure. Commissioner O'Bryan said he would provide back-up and the Board could
decide who they want to hire as early as next week.
January 23, 2007 38
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
14. C ENVIRONMENTAL CONTROL BOARD - NONE
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 3:38 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/LAA/2007Minutes
January 23, 2007 39