HomeMy WebLinkAbout11/20/2007INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 20, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN 2
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN 2
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS 3
5. PROCLAMATIONS AND PRESENTATIONS 4
A. PRESENTATION OF PROCLAMATION DESIGNATINGNOVEMBER 18 - 24, 2007, AS
CHRISTIAN HERITAGE WEEK IN INDIAN RIVER COUNTY, FLORIDA 4
B. PRESENTATION BY NANCY WOOD, INDIAN RIVER GREEN TEAM, OF THE
DONATION OF $4, 500 FOR THE APPLICATION TO THE FLORIDA GREEN
BUILDING COALITION, INC., FOR CERTIFICATION OF INDIAN RIVER COUNTY AS
A CERTIFIED FLORIDA GREEN LOCAL GOVERNMENT 4
6. APPROVAL OF MINUTES - NONE 5
November 20, 2007 1
7. CONSENT AGENDA 5
7.A. APPROVAL OF WARRANTS -NOVEMBER 2 TO NOVEMBER 8, 2007 5
7.B. INVESTMENT COMMITTEE REPORT FOR QUARTER ENDING 9/30/07 5
7.C. ANNUAL SIGNATORIES RESOLUTION 6
7.D. MISCELLANEOUS BUDGET AMENDMENT 027 6
7.E. GIFFORD YOUTH ACTIVITY CENTER, INC., LEASE AGREEMENT -
MAINTENANCE AND REPAIRS, MISCELLANEOUS BUDGET AMENDMENT 001 6
7.F. UTILITY CONFLICT RESOLUTIONS BY UTILITIES DEPARTMENT FOR PUBLIC
WORKS DEPARTMENT BID NO. 2006-065, PROJECT NO. 9611 & 001, CR 510 &
CR 512 PHASE III IMPROVEMENTS, UCP NO. 2837, APPROVAL OF FINAL
PAYMENT TO CONTRACTOR, UNDERGROUND UTILITIES, INC., AND RELEASE OF
RETAINAGE 7
7.G. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID # 2008014
MEADOWLARK WOODS WATER ASSESSMENT PROJECT, UTILITIES
DEPARTMENT 7
7.H. ACCEPTANCE CHANGE ORDER NO. 34 FOR THE ADMINISTRATION BUILDING 8
7i APPOINTMENT TO THE PARKS AND RECREATION COMMITTEE 8
7.J. PROCLAMATION HONORING DOROTHEA E. CLARKE ON HER RETIREMENT FROM
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND SOLID
WASTE DISPOSAL DISTRICT, DIVISION OF UTILITY SERVICES 9
7.K. WORK ORDER NO. 1 (ENGINEERING/SURVEYING), KIMLEY-HORN &
ASSOCIATES, INC., INDIAN RIVER BLVD. PROPOSED SIDEWALK TOPOGRAPHIC
SURVEY, IRC PROJECT NO. 0746, CONTINUING PROFESSIONAL SURVEYING &
MAPPING/GIS SERVICES, CONTRACT 0725 9
7.L. WORK ORDER NO. 2 (ENGINEERING/SURVEYING), KIMLEY-HORN &
ASSOCIATES, INC., 9TH STREET (EAST OF US1) PROPOSED SIDEWALK
TOPOGRAPHIC SURVEY, IRCPROJECTNO. 0744, CONTINUING PROFESSIONAL
SURVEYING & MAPPING/GIS SERVICES, CONTRACT 0725 9
7.M. PRANGEISLANDS CONSERVATION AREA ADOPTION AGREEMENT 10
7.N. PROFESSIONAL ENGINEERING SERVICES FOR STORMWATER CALCULATIONS
AND PERMITTING OF OSLO ROAD IMPROVEMENTS FROM 58THAVENUETO 43RD
AVENUE, IRC PROJECT 0517 10
7.0. WATERWAY VILLAGE-MUTUAL TERMINATION OF SLAB REMOVAL AGREEMENT
11
November 20, 2007 2
7.P. IRC JAIL EXPANSION- CHANGE ORDER # 14 11
7.Q. ACCEPTANCE CHANGE ORDER NO. 15 FOR THE EMERGENCY OPERATIONS
CENTER 11
7.R. APPOINTMENT TO THE PLANNING AND ZONING COMMISSION 12
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 14
9. PUBLIC ITEMS - 14
A. PUBLIC HEARINGS - NONE 14
9.B. PUBLIC DISCUSSION ITEMS -NONE 14
9.C. PUBLIC NOTICE ITEMS 14
1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR
DECEMBER 4, 2007: 14
A. OSLO COMMERCE CENTER, L.P'S: REQUEST TO REZONE
± 12.692 ACRES LOCATED NORTH OF 9TH STREET, S.W. AND
APPROXIMATELY 1,250 FEET EAST OF 43RD AVENUE FROM
CH, HEAVY COMMERCIAL, TO CG, GENERAL
COMMERCIAL. OSLO COMMERCE CENTER L.P., OWNER.
SCHULKE, BITTLE & STODDARD, LLC, AGENT
(QUASI-JUDICIAL) 14
B. FOURDEV'S: REQUEST TO REZONE ± 6.78 ACRES
LOCATED ON THE SOUTHWEST CORNER OF US HIGHWAY
1 AND 53RD STREET FROM IL, LIMITED INDUSTRIAL, TO
CG, GENERAL COMMERCIAL. FOURDEV, LLC OWNER.
November 20, 2007 3
KNIGHT, MCGUIRE & ASSOCIATES, INC., AGENT
(QUASI-JUCICIAL) 15
C. REQUEST BY BILLY L. HITCHCOX FOR A VARIANCE
FROM THE REQUIREMENTS OF THE SUBDIVISION
ORDINANCE (CHAPTER 913) FOR A MOBILE HOME
DEVELOPMENT AT 48TH AVENUE AND 43RD STREET
(QUASI-JUDICIAL) 15
10. COUNTY ADMINISTRATOR MATTERS 15
A. PIPER INCENTIVE PACKAGE 15
11. DEPARTMENTAL MATTERS 16
11.A. COMMUNITY DEVELOPMENT - NONE 16
11.B. EMERGENCY SERVICES - NONE 16
11.C. GENERAL SERVICES 16
1. IRC JAIL EXPANSION PROJECT PROPOSED CHANGE ORDER # 15 16
11.D. HUMAN RESOURCES 17
1. NATIONAL ASSOCIATION OF COUNTIES (NA Co) PRESCRIPTION CARD
PROGRAM 17
11.E. HUMAN SERVICES - NONE 19
11.F. LEISURE SERVICES - NONE 19
11.G. OFFICE OF MANAGEMENT AND BUDGET 19
November 20, 2007 4
1. PROPERTY TAX REFORM 19
11.H. RECREATION - NONE 20
11.I. PUBLIC WORKS - NONE 20
11.J. UTILITIES SERVICES 20
1. WEST WABASSO COMMUNITY WATER PROJECT, PHASE 1, SHELTRA & SON,
INC. - CHANGE ORDER No. 2 & FINAL PAY TO CONTRACT 2006051 20
11.J.2. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID # 2008015
VERO LAKE ESTATES MASTER PLAN WATER MAIN PHASE I, UTILITIES
DEPARTMENT 21
12. COUNTY ATTORNEY MATTERS 22
A. REQUEST POLICY DIRECTION ON TERMS OF LEASE FOR GIFFORD PARK
SECURITY HOUSE (DEFERRED FROM NOVEMBER 13, 2007) 22
12.B. AUTHORIZATION TO ADVERTISE FOR PUBLIC HEARING ON AMENDMENT TO
SECTION 104.06 OF THE ETHICS ORDINANCE AS IT PERTAINS TO INVITATIONS
TO ANNUAL HOLIDAY PARTIES, GROUNDBREAKINGS AND RIBBON CUTTING
CEREMONIES 24
12. C. MODIFICATION AND SUBSTANTIAL TERMINATION OF "DEVELOPER'S
AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND OSLO 27, LLC
FOR 27THAVENUEBETWEEN 13THSTREET SW AND 17THSTREETSW" DATED
DECEMBER 12, 2006. 25
13. COMMISSIONERS' ITEMS 27
A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
ADDITION: 27
1. MINING OPERATIONS 27
November 20, 2007 5
B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIRMAN NONE ADDITION: ACKNOWLEDGMENT OF PLAQUE
FROM RESOURCE ASSOCIATION 32
C. COMMISSIONER WESLEY S. DAVIS 33
1. REQUEST FOR APPROVAL IN WRITINGA LETTER IN SUPPORT OF THE INDIAN RIVER
COUNTY HISTORIC SOCIETY, INC., APPLYING FOR A HISTORIC PRESERVATION
GRANT FOR THE CONTINUED OPERATION OF THE MARIAN FELL LIBRARY IN
FELLSMERE 33
D. COMMISSIONER JOSEPH E. FLESCHER- NONE 33
E. COMMISSIONER PETER D. O'BRYAN NONE 33
1. ADDITION: UPDATE ON THE INDIAN RIVER COUNTY APPEAL OF ST. JOHN'S FINAL
ORDER 33
14. SPECIAL DISTRICTS AND BOARDS 34
A. EMERGENCY SERVICES DISTRICT - NONE 34
B. SOLID WASTE DISPOSAL DISTRICT - NONE 34
C. ENVIRONMENTAL CONTROL BOARD - NONE 34
15. ADJOURNMENT 34
November 20, 2007 6
November 20, 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, November 20, 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
Reverend Dawn Reichard, Christ by the Sea United Methodist Church, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Wheeler led the Pledge of Allegiance to the Flag.
1
November 20, 2007
ELECTION OF BOARD OF COUNTY COMMISSION
CHAIRMAN
Chairman Wheeler invited County Attorney William Collins to conduct the election
of Chairman and Vice Chairman of the Board.
Attorney Collins opened the floor to nominations for Chairman.
Commissioner Davis NOMINATED Commissioner
Bowden, and Commissioner Wheeler SECONDED the
nomination. There were no other nominations.
Attorney Collins CALLED FOR A VOTE on the
nomination for Chairman. The Board unanimously
accepted the nomination and appointed Commissioner
Bowden as Chairman of the Board for the year 2008.
ELECTION OF BOARD OF COUNTY COMMISSION VICE
CHAIRMAN
Attorney Collins then handed the proceedings over to the new Chairman, Sandra L.
Bowden, to conduct the nominations for Vice Chairman. Outgoing Chairman Gary C. Wheeler
ceremoniously passed the gavel to the new Chairman, who thanked her colleagues for their vote of
confidence.
Commissioner Davis took the opportunity to thank outgoing Chairman Gary
Wheeler for his excellent service and statesmanship in conducting meetings over the past year.
2
November 20, 2007
Chairman Bowden opened the floor to nominations for Vice Chairman.
Chairman Bowden NOMINATED Commissioner Davis,
and Commissioner Flescher SECONDED the nomination.
There were no other nominations.
Chairman Bowden CALLED FOR A VOTE on the
nomination for Vice Chairman. The Board unanimously
accepted the nomination and appointed Commissioner
Davis as Vice Chairman of the Board for the year 2008.
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS
Chairman Bowden announced the following changes to today's Agenda:
1. Correction to Item 9.C, date change
2. Addition, Item 13.E.1: Update on the Indian River County Appeal of
St. John's Final Order (Land Swap).
3. Addition: Item 13.A - Mining operations
4. Typographical Error on 7.L. — should read
5. Update on Maps, and on Items 7.K & 7.L
3
November 20, 2007
"8th Street" not 9th Street
6. Addition: Item 13.B, acknowledgement of Plaque received from the Resource
Association.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 18 -
24, 2007, AS CHRISTIAN HERITAGE WEEK IN INDIAN RIVER
COUNTY, FLORIDA
Commissioner Wheeler read and presented the Proclamation to Bob Johnson who
thanked the Board on behalf of the American Family Association.
B. PRESENTATION BY NANCY WOOD, INDIAN RIVER GREEN TEAM, OF
THE DONATION OF $4, 500 FOR THE APPLICATION TO THE FLORIDA
GREEN BUILDING COALITION, INC., FOR CERTIFICATION OF INDIAN
RIVER COUNTY ASA CERTIFIED FLORIDA GREEN LOCAL
GOVERNMENT
Nancy Wood presented a check of $4,500.00 to Chairman Bowden to pay the entire
fee for the Accreditation of Indian River County as a Certified Florida Green Local Government.
She announced that she received a donation from Peter Plieneck for the balance of the application
fee. She thanked all who participated in the process, and introduced members of her team,
co-founders Barbara Brooks and Eva Rocco, new Board member Dawn Chicano, and Nancy's
Boss Dr. Darryl Brooks.
Vice Chairman Davis congratulated Nancy Wood on the work she has done.
4
November 20, 2007
6. APPROVAL OF MINUTES - NONE
7. CONSENT AGENDA
Commissioner Wheeler asked to pull for discussion, Item 7.R.
Chairman Bowden asked to postpone Item 7.M.
Commissioner Flescher asked to pull for discussion, Item 7.R.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Consent Agenda, as amended.
7.A. APPROVAL OF WARRANTS — NOVEMBER 2 TO NOVEMBER 8, 2007
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of November 2, 2007, to November 8, 2007,
as requested in the memorandum of November 8, 2007.
7.B. INVESTMENT COMMITTEE REPORT FOR QUARTER ENDING 9/30/07
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously accepted
the Investment Advisory Committee Quarterly Report, as
recommended in the memorandum dated November 7,
5
November 20, 2007
2007.
7.C. ANNUAL SIGNATORIES RESOLUTION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Resolution 2007-157 directing depositories of County
funds to honor certain authorized signatures on County
checks, warrants, and other orders for payment; providing
for Board of County Commissioners and Clerk of the
Circuit Court signatories; rescinding Resolution No.
2006-181; delegating authority to the County
Administrator to declare states of local emergencies and to
act in a State of Florida declared emergency affecting
Indian River County; and providing an effective date.
7.D. MISCELLANEOUS BUDGET AMENDMENT 027
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Resolution 2007-158 amending the Fiscal Year 2006-2007
Budget.
7.E. GIFFORD YOUTH ACTIVITY CENTER, INC., LEASE AGREEMENT —
6
November 20, 2007
MAINTENANCE AND REPAIRS, MISCELLANEOUS BUDGET
AMENDMENT 001
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
reimbursement to the Gifford Youth Activity Center to
cover roof and electrical repair costs in the amount of
$5,810.00, as recommended in the memorandum of
November 13, 2007. The Board also approved Resolution
2007-059 amending the Fiscal Year 2007-2008 Budget.
7.F. UTILITY CONFLICT RESOLUTIONS BY UTILITIES DEPARTMENT FOR
PUBLIC WORKS DEPARTMENT BID No. 2006-065, PROJECT No.
9611 & 001, CR 510 & CR 512 PHASEIIIIMPROVEMENTS, UCP
No. 2837, APPROVAL OF FINAL PAYMENT TO CONTRACTOR,
UNDERGROUND UTILITIES, INC., AND RELEASE OF RETAINAGE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the total labor cost for Underground Utilities, Inc., as
$54,557.39; approved Change Order No. 1 for $2,530.84,
and approved Application for Payment No. 3 — Final as
final payment to Underground Utilities, Inc., in the amount
of $7,557.39, as recommended in the memorandum of
November 8, 2007. The final payment of $7,557.39 will
release and complete the County's obligation to
Underground Utilities, Inc.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.G. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC BID
7
November 20, 2007
# 2008014 MEADOWLARK WOODS WATER ASSESSMENT PROJECT,
UTILITIES DEPARTMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Bid award to Timothy Rose Contracting, Inc., as the
lowest most responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid. The
Board also approved the sample agreement and authorized
the Chairman to execute said agreement when required
performance and payment bonds have been submitted
along with appropriate certificate of insurance and the
County Attorney has approved the agreement as to form
and legal sufficiency, all as recommended in the
memorandum of November 5, 2007.
7.H. ACCEPTANCE CHANGE ORDER No. 34 FOR THE ADMINISTRATION
BUILDING
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Change Order No. 34, which changes the Substantial
Completion date from June 30, 2007 to August 3, 2007, as
recommended in the memorandum of October 16, 2007.
7.1. APPOINTMENT TO THE PARKS AND RECREATION COMMITTEE
8
November 20, 2007
The Board noted the temporary assignment of Mayor Sara Savage of the City of
Fellsmere, filling the seat on the Parks and Recreation Committee, vacated by Kenneth Hamilton
who resigned.
7.J. PROCLAMATION HONORING DOROTHEA E. CLARKE ON HER
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS AND SOLID WASTE DISPOSAL DISTRICT, DIVISION
OF UTILITY SERVICES
The Board noted, for the record, the Proclamation honoring Dorothea E. Clarke.
7.K. WORK ORDER No. I (ENGINEERING/SURVEYING), KIMLEY-HORN &
ASSOCIATES, INC., INDIAN RIVER BLVD. PROPOSED SIDEWALK
TOPOGRAPHIC SURVEY, IRC PROJECT No. 0746, CONTINUING
PROFESSIONAL SURVEYING & MAPPING/GIS SERVICES, CONTRACT
0725
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Work Order No. 1 with Kimley-Horn & Associates, Inc.,
authorizing the project as outlined in the Scope of Services,
and authorized the Chairman to execute said Work Order,
as recommended in the memorandum of November 13,
2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. WORK ORDER No. 2 (ENGINEERING/SURVEYING), KIMLEY-HORN &
9
November 20, 2007
ASSOCIATES, INC., 9TH STREET (EAST OF US1) PROPOSED
SIDEWALK TOPOGRAPHIC SURVEY, IRC PROJECT NO. 0744,
CONTINUING PROFESSIONAL SURVEYING & MAPPING/GIS
SERVICES, CONTRACT 0725
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Work Order No. 2 with Kimley-Horn & Associates, Inc.,
authorizing the project as outlined in the Scope of Services,
and authorized the Chairman to execute said Work Order,
as recommended in the memorandum of November 13,
2007.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. PRANGE ISLANDS CONSERVATION AREA ADOPTION AGREEMENT
This item was postponed at the request of Chairman Bowden.
7.N. PROFESSIONAL ENGINEERING SERVICES FOR STORMWATER
CALCULATIONS AND PERMITTING OF OSLO ROAD IMPROVEMENTS
FROM 58TH AVENUE TO 43RD AVENUE, IRC PROJECT 0517
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the $5,000.00 fee to Schulke, Bittle & Stoddard, LLC, for
stormwater calculations and modifications for the St. Johns
River Water Management District (SJRWMD) permit for
Oslo Road improvements from 58th Avenue to 43rd Avenue,
10
November 20, 2007
and authorized the Chairman to execute said Agreement, as
recommended in the memorandum of November 5, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.0. WATERWAY VILLAGE — MUTUAL TERMINATION OF SLAB REMOVAL
AGREEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Mutual Termination of Slab Removal Agreement and
authorized the Chairman to execute same, as recommended
in the memorandum of November 6, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.P. IRC JAIL EXPANSION — CHANGE ORDER # 14
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Change Order # 14 and authorized the Chairman to execute
said document, as recommended in the memorandum of
November 13, 2007.
7.Q. ACCEPTANCE CHANGE ORDER NO. 15 FOR THE EMERGENCY
OPERATIONS CENTER
11
November 20, 2007
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Change Order No. 15, which changes the Substantial
Completion date from June 30, 2007, to July 23, 2007, as
recommended in the memorandum of October 16, 2007.
7.R. APPOINTMENT TO THE PLANNING AND ZONING COMMISSION
Commissioner Wheeler expressed curiosity in the replacement of Mr. Robert Bruce
on the Planning and Zoning Commission, without an explanation. Commissioner Flescher
thought Commissioner Wheeler could be setting a precedence by his inquiry. He then explained
his reason for the replacement.
Mr. Gerard Weick addressed the Board and gave some background on his
qualifications.
Commissioner Wheeler expressed his concern, and that of Mr. Bruce on the sudden
change. Commissioner O'Bryan also expressed the concern of taking someone off the Board in
the middle of his/her term, and thought that sets a bad precedence. He felt they needed to set a
policy that members are allowed to serve out their term and not be subject to political whims. He
was also concerned about the timing and asked that this matter be put on hold until January, after
the Wild Turkey mining operation has run its course.
Commissioner Flescher explained his right, as a new Commissioner, to appoint a
new District member to the Planning & Zoning Commission (P&Z).
Chairman Bowden asked Attorney Collins whether P&Z members serve at the
12
November 20, 2007
pleasure of the Commissioners.
Attorney Collins replied that they do, and the Ordinance provides that "each
Commissioner shall appoint a member from their own District," so it was the right of each
Commissioner to make a selection. Therefore, Commissioner Flescher has the right, under the
County Code, to make an appointment, and the Board of County Commissioners did not have the
authority to vote this down. He stated further, that it was each Commissioner's appointment and
not the full Commission's, and the purpose is to have full representation from each District with
someone that the Commissioner knows and has confidence in.
Board members continued to discuss the right to approve or disapprove the
appointment, the timing mechanism in the Rule, and why the item was placed under the Consent
Agenda. Vice Chairman Davis expressed his support for the appointment whether he agreed with
the decision or not. Commissioner Flescher stated for the record that he did not place the timing
mechanism in the Rule. Chairman Bowden agreed with Attorney Collins' opinion and voiced her
support of the appointment.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board by a 3-2 vote
(Commissioners Wheeler and O'Bryan opposed) approved
the appointment of Mr. Gerard A. Weick, as the District 2
Appointee to the Planning and Zoning Commission,
replacing Mr. Robert (Bob) Bruce, as recommended in the
memorandum of November 14, 2007.
Commissioner Wheeler apologized to Mr. Weick for his being caught in the middle
of this controversy. He expressed appreciation for Mr. Weick's service to Indian River Shores, for
his excellence of character, and the job he has done. He also clearly expressed that this was
absolutely no reflection on Mr. Weick's ability. Commissioner O'Bryan concurred.
13
November 20, 2007
Vice Chairman Davis thought they could modify the Ordinance to deal with timing
issues. Commissioner Wheeler thought it was an excellent idea. Board members contemplated
whether to direct staff to review the Ordinance and bring this back to the Board. Chairman
Bowden thought this was too sudden and wanted to have an opportunity to think this through
before giving directions.
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS -
A. PUBLIC HEARINGS - NONE
9.B. PUBLIC DISCUSSION ITEMS -NONE
9.C. PUBLIC NOTICE ITEMS
1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR
NOVEMBER 20 2007 DECEMBER 4, 2007:
A. OSLO COMMERCE CENTER, L.P'S: REQUEST TO
REZONE ± 12.692 ACRES LOCATED NORTH OF 9TH STREET,
S.W. AND APPROXIMATELY 1,250 FEET EAST OF 43"
AVENUE FROM CH, HEAVY COMMERCIAL, TO CG,
GENERAL COMMERCIAL. OSLO COMMERCE CENTER
14
November 20, 2007
L.P., OWNER. SCHULKE, BITTLE & STODDARD, LLC,
AGENT (QUASI-JUDICIAL)
B. FOURDEV'S: REQUEST TO REZONE ± 6.78 ACRES
LOCATED ON THE SOUTHWEST CORNER OF US
HIGHWAY 1 AND 53RD STREET FROM IL, LIMITED
INDUSTRIAL, TO CG, GENERAL COMMERCIAL.
FOURDEV, LLC OWNER. KNIGHT, MCGUIRE &
ASSOCIATES, INC., AGENT (QUASI-JUCICIAL)
C. REQUEST BY BILLY L. HITCHCOX FOR A VARIANCE
FROM THE REQUIREMENTS OF THE SUBDIVISION
ORDINANCE (CHAPTER 913) FOR A MOBILE HOME
DEVELOPMENT AT 48TH AVENUE AND 43RD STREET
(QUASI-JUDICIAL)
10. COUNTY ADMINISTRATOR MATTERS
A. PIPER INCENTIVE PACKAGE
County Administrator Joe Baird reminded the Board of its past actions on the matter
and informed the Board that Piper was getting ready to take their proposal to Piper's governing
Board and wanted a clear verification on whether the County would agree to a new term, that is, to
finance or issue bonds to provide either of the following incentive payment schedule options:
1. Payment of $4 million on January 1, 2008, $4 million on January 1, 2009,
15
November 20, 2007
and $4 million on January 1, 2010; or
2. Payment of $6 million on January 1, 2008, and $6 million on January 1,
2010.
Administrator Baird said a vote of approval would commit Indian River County to
utilize cash or issue debt to finance this agreement, subject to the County reviewing and approving
the terms and conditions of the agreement, which would be similar to those negotiated by the State
of Florida.
Motion WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, for approval of
both options.
Administrator Baird wanted to leave the choosing of options to Piper. Board
members concurred.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT - NONE
11.B. EMERGENCY SERVICES - NONE
11.C. GENERAL SERVICES
1. IRC JAIL EXPANSION PROJECT PROPOSED CHANGE ORDER # 15
16
November 20, 2007
General Services Director Tom Frame explained the proposed Change Order and
asked the Board to approve the request.
Commissioner Wheeler was concerned about recurrent problems of which the
Architect should be aware.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order # 15 with Peter R. Brown Construction, Inc.,
for Acoustical Panel installation, and authorized the
Chairman to execute said document after review and
approval of the Budget and legal staff, as recommended in
the memorandum of November 13, 2007.
Administrator Baird addressed the concerns of Commissioner Wheeler.
Commissioner O'Bryan questioned competitive bid price, and Project Director Lynn Williams
explained how the prices were established, and from where the funds would come. Administrator
Baird offered to send additional information to Commissioner O'Bryan.
11.D. HUMAN RESOURCES
1. NATIONAL ASSOCIATION OF COUNTIES (NAC()) PRESCRIPTION
CARD PROGRAM
17
November 20, 2007
Human Resources Director Jim Sexton explained to the Board what the program
offers, who uses it, and that it would cost the County nothing.
Commissioner Flescher pointed out another valuable feature unique to the program,
that is, it is also accepted for pet/animal medication.
Motion WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to approve staffs
recommendation.
Bob Johnson, Coral Wind Subdivision, remarked that it was not clear to him why
the government has to be involved in this program.
Commissioners Davis and O'Bryan explained that the program was through the
National Association of Counties (NACo) and because of our affiliation with that organization, the
card was being offered as a benefit to the citizens of the County. He pointed out that participation
was optional and would be of no cost to the County. Despite the explanation, Mr. Johnson
objected to the County being involved in the program.
Bradley Bernauer, Human Services Program Director of the Health Department,
explained the Health Department's roles in this program.
The Chairman CALLED THE QUESTION, and the Board
unanimously approved the contract with the National
Association of Counties and CaremarkPCS Health, LP, to
implement the NACo Prescription Card Program through a
Human Services program, managed by the Indian River
County Health Department, as recommended in the
memorandum of November 13, 2007.
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November 20, 2007
Rene Renzi, Waverly Place, inquired where the cards could be obtained.
Administrator Baird informed her that the cards could be had from the Health Department's
Human Services Division, or the County's Human Resources Department.
Director Sexton announced that "kickoff would be in January" and it would be
advertised.
11.E. HUMAN SERVICES - NONE
11.F. LEISURE SERVICES - NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET
1. PROPERTY TAX REFORM
Budget Director Jason Brown, in light of the recent legislative tax reforms, desired
to make a brief presentation on the pending property tax reform package. He briefly summarized
the tax rollback legislation, and responded to questions from the Board, which included tax
decrease.
Vice Chairman Davis was looking forward to seeing appropriation of funds giving
tax relief to everyone. He urged his colleagues to do this prudently and not scare anyone.
Administrator Baird remarked that they would have to look at how they do things,
and this was going to be challenging.
Chuck Mechling, 1999 Pointe West Drive, asked what would be the mechanism to
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November 20, 2007
allow a county to not cut budgets or adjust their budgets upwards based on the county's needs. He
understood that is based on per capita income being increased in the county. Budget Director
Jason Brown confirmed the understanding as correct. Mr. Mechling believed that if the County
takes on a strong economic development base, it could lead to an increase of per capita income, as
well as, a better -stabilized tax base.
Rene Renzi, Waverly Place, suggested thermostat and light adjustments in the new
administration buildings to help to reduce cost.
Commissioner Wheeler addressed Ms. Renzi's comments regarding finding more
ways to be more efficient and effective, noting that the County was already looking at those things.
No Board action required or taken.
11.H. RECREATION - NONE
11.I. PUBLIC WORKS - NONE
11.J. UTILITIES SERVICES
1. WEST WABASSO COMMUNITY WATER PROJECT, PHASE I, SHELTRA
& SON, INC. - CHANGE ORDER No. 2 & FINAL PAY TO CONTRACT
2006051
Director of Utilities Eric Olson said this was the first of two Phases in Wabasso, and
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November 20, 2007
was the final payment, and a deductive change order. He extended appreciation to those who
helped to make this process possible: Victor Hart, Teddy Floyd, Julianne Price, Himanshu Mehta,
and Art Pfeffer. He recapped his memorandum of November 1, 2007 to provide background on
the project, and asked the Board to approve staff's recommendation.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Change Order No. 2 to Sheltra and Son Construction Co.,
Inc., for a deduction in the total amount of $50,286.50. The
Board also approved final payment and authorized the
Chairman to execute the final payment to Sheltra and Sons
for a total amount of $59,483.50, all as recommended in the
memorandum of November 1, 2007.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.2. APPROVAL OF BID AWARD AND SAMPLE AGREEMENT FOR IRC
BID # 2008015 VERO LAKE ESTATES MASTER PLAN WATER MAIN
PHASE I, UTILITIES DEPARTMENT
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Vice Chairman Davis, to approve staff's
recommendation.
Vice Chairman Davis was happy to see that the Bid came in under budget and that
they are able to move forward with some of the plans. Director Olson and Vice Chairman Davis
responded to Commissioner Wheeler's inquiry of how we would pay for this, and what were the
chances this would be kept on a pay -as -we -go level, as far as our Enterprise Funds go.
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November 20, 2007
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved the Bid award to
Sheltra & Son Construction Co. Inc., as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid. The
Board also approved the sample agreement, and authorized
the Chairman to execute said agreement when required
performance and payment bonds have been submitted
along with appropriate certificate of insurance, and the
County Attorney has approved the agreement as to form
and legal sufficiency, all as recommended in the
memorandum of November 13, 2007.
Chairman Bowden called a break at 10:28 a.m., and reconvened the meeting at
10:44 a.m., with all members present.
12. COUNTY ATTORNEY MATTERS
A. REQUEST POLICY DIRECTION ON TERMS OF LEASE FOR GIFFORD
PARK SECURITY HOUSE (DEFERRED FROM NOVEMBER 13, 2007)
Attorney Collins gave background on this matter by recapping the memorandum to
the Board dated November 7, 2007, regarding the building of a security house in Gifford Park, to
accommodate a Sheriffs deputy, who would provide security for the Gifford Youth Activity
Center, the Community Center, the Gifford Aquatics Center, and the Gifford Park. He informed
the Board that the security house was complete, the Certificate of Occupancy has been issued, and
staff was now seeking directions from the Board regarding the terms and conditions of the Lease.
Attorney Collins outlined the terms of the proposed lease agreement and asked that
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November 20, 2007
the Board provide direction to staff, and to delegate authority to the County Administrator to sign
the Lease for the Gifford Security House after review and approval by all appropriate staff and the
County Attorney's Office.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan to approve staffs
recommendation with exceptions: (1) that the $1,000.00
cash security deposit be eliminated, and (2) to have the
finished Lease come back to the Board for approval.
Commissioner Flescher agreed with Commissioner Wheeler to remove the
$1,000.00 security deposit, and thought they could place a $1.00 amount for security. Vice
Chairman Davis believed that for a lease to be enforceable it has to have value and consideration,
therefore they could not have zero.
Attorney Collins explained that a dollar deposit would be an administrative
nightmare, and the consideration was the security services being provided.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
Victor Hart, Sr., 4685 84th Avenue, was glad to see this program coming to an end.
He clarified his understanding that the $1,000.00 deposit is being removed. He thanked the
Commission and appreciated the attention given to the Gifford community.
Deputy Teddy Floyd of the Sheriffs Department thanked the Board and expressed
his honor to serve the County.
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November 20, 2007
Commissioner Wheeler acknowledged the care, attention and time given by Deputy
Floyd, especially to the children of the County.
Attorney Collins asked for authority for Administrator Baird to sign the Lease, in the
interim, and he would bring the Lease back to the Board with a clause that says, "... subject to
modification."
Motion WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to incorporate
Attorney Collins' request for Administrator Baird to sign
the Lease in the interim, which Lease would contain a
clause that reads, "... subject to modification by the
Board."
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and authorized the County Administrator to sign the Lease
for the Gifford Security House after review and approval by
all appropriate staff and the County Attorney's Office, with
exceptions: (1) that the $1,000.00 cash security deposit be
eliminated, and (2) to have the finished Lease returned to
the Board for approval.
12.B. AUTHORIZATION TO ADVERTISE FOR PUBLIC HEARING ON
AMENDMENT TO SECTION 104.06 OF THE ETHICS ORDINANCE AS IT
PERTAINS TO INVITATIONS TO ANNUAL HOLIDAY PARTIES,
GROUNDBREAKINGS AND RIBBON CUTTING CEREMONIES
Attorney Collins explained the rules as it pertains to accepting invitations and gifts
especially in the holiday season, and wanted to amend the Ordinance to add to the rules two
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November 20, 2007
exceptions. He asked the Board to authorize advertisement for a public hearing to add the two
exceptions as enumerated exceptions, thus formally clarifying the Ordinance's ambiguity
regarding "food and refreshment" prohibitions.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, for approval of
staff's recommendation, and for the matter to be brought
back to the Board.
A brief discussion followed regarding the intent of the Ordinance.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board authorized staff to
advertise for a public hearing to add the proposed
exceptions as enumerated exceptions thus formally
clarifying the ordinance ambiguity regarding "food and
refreshment" prohibitions, as recommended in the
memorandum dated November 14, 2007.
12. C MODIFICATION AND SUBSTANTIAL TERMINATION OF
"DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY,
FLORIDA AND OSLO 27, LLC FOR 27T11 AVENUE BETWEEN 13TH
STREET SW AND 17TH STREET SW" DATED DECEMBER 12, 2006.
MOTION WAS MADE BY Commissioner Wheeler,
SECONDED by Vice Chairman Davis, for approval of
staff s recommendation.
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November 20, 2007
Commissioner O'Bryan asked if the completed engineering designs were received.
Attorney Collins replied, "No," and asked Mr. Jerry Swanson to address the matter.
Jerry Swanson, P&S Properties, 3001 Ocean Drive, addressed the concerns of
Commissioner O'Bryan regarding the status of the design/drawings, and said he was told they
were 60% completed.
Attorney Collins stated that if nine (9) months were acceptable he would add a
clause to the Modification Agreement to say, "..., which deadline is hereby extended to September
12, 2008."
Commissioner Wheeler AMENDED THE MOTION,
SECONDED by Commissioner O'Bryan to incorporate the
following clause in the Modification Agreement: "...
which deadline is hereby extended to September 12, 2008."
The Chairman Called the Question and the Motion carried
unanimously. The Board approved the "Modification and
Substantial Termination" of the Developer's Agreement, as
amended, between Indian River County and Oslo 27, LLC,
for 27th Avenue between 13th Street SW and 17th Street SW;
authorized the Chairman to execute said document; and
authorized return of the Letter of Credit securing the
agreement, as recommended in the memorandum of
November 14, 2007.
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November 20, 2007
13. COMMISSIONERS' ITEMS
A. COMMISSIONER GARY C. WHEELER, CHAIRMAN -
NONE ADDITION:
1. MINING OPERATIONS
Commissioner Wheeler gave his reasons for adding this item to the Agenda, and
asked Attorney Collins to address the matter of an incorrect editorial regarding mining operations
and the Sexton Ranch.
Attorney Collins noted that Mr. DeBlois, Environmental & Code Enforcement
Chief, had sent an e-mail to the Editor pointing out that the sentence relating to the Sexton Ranch
that said "... your tax dollars didn't purchase the mineral rights that Sextons could get in the
mining business", was incorrect. He also cited other misstatements of fact that were included in
the article.
Chairman Bowden asked that a clarification be requested from the Press Journal.
Commissioner Wheeler wanted to give direction to staff to draft an ordinance
outlining the County's intent, as such that it protects the County. He also wanted this matter
removed from the December 13, 2007 Agenda, if possible.
Attorney Collins responded to Chairman Bowden's inquiry about altering the
process. He did not think it was possible or appropriate to develop an ordinance through the
process of a moratorium.
Commissioners sought to know what other legal avenues we have at this juncture to
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November 20, 2007
address the concerns and issues of the residents in immediacy. Attorney Collins would first need
to know how the Board wanted him to address those concerns.
Planning Director Stan Boling explained the rules of Chapter 934 on mining projects
that dealt with road maintenance, as well as, a section of Chapter 952 that dealt with paved road
requirements and trip thresholds. Discussion ensued among Board members and staff regarding
trip/traffic thresholds, the need for a pending ordinance, and paved road requirements.
Chairman Bowden opened the floor to public comments.
Ralph Evans, Esquire, 1420 Shorelands Drive West, and representing an Applicant,
was bothered that although they were entitled to a quasi-judicial process, their permit application
was being discussed in a legislative process. He suggested this matter be heard in a quasi-judicial
process, as he favored procedure and following the law.
Joseph Paladin, President of Black Swan Consulting, and representing Wild
Turkey, argued: (1) that a pending ordinance or moratorium cannot be "project specific" and has
to address a general concern; and (2) that trying to do a pending ordinance to be retroactive would
be against local, federal and state law. He discussed the permitting versus the moratorium process,
and urged the Board to let the moratorium and the permitting process go forward separately. He
promised his team would attach the new proposals to their current ones.
Attorney Evans explained the problem he was having with this permit application
process. He stated, "Everything that we've said that we are willing to do, we are willing to do, but
the place for that to be resolved is at P&Z and the quasi-judicial process." He felt the legislative
process being used now was wrong, and he did not want to make a deal here.
Helen Shafer, 6850 Carsons Trail on 69th Street, Indian River Farms, was confused
as to how the permit first got approved. She wanted to know how P&Z defines `mining' versus
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November 20, 2007
`agricultural'. She believed it was up to the Board to protect area residents, and agreed the issue
needed to go to P&Z.
Commissioner Wheeler and Administrator Baird responded to comments from Ms.
Shafer regarding the history of the permit application, and mining operations in the County.
Commissioner O'Bryan observed that they had not talked about the accumulative
impact of multiple mines impacting the roads. Chairman Bowden added that it was not only
impact on roads, but of the environment and everything involved.
Jim Gooch, 69th Street, west of 66th Avenue, felt it could not be an administrative
permit and argued that it was unconscionable, for the future of this County, to allow this to happen.
He urged the Board to not allow this permit and to consider the future of this County.
Linda Mitchell, 8340 65th Street, summarized the contents of a letter given to the
Board regarding area residents' frustration with the situation. She urged the Board to take the time
and look closely at what could be done legally to stop this mining operation; if not, to have
enforcement in place for compliance with the regulations.
Amy Banov, 69th Street, voiced her objection to the mining operations.
Donald Simon, 8080 24th Street, thinks the County is headed in the right direction
with the Florida Green Building Coalition. He asked the Board to do the right thing and protect
taxpayers, as the mining operation process does not make sense.
Jens Tripson, 2525 14th Street, representing Pelican Audubon Society, did not think
the Board could legally stop this particular permit today. He addressed the environmental issues,
and called upon the Board to figure out how to stop this project.
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November 20, 2007
Fran Denhardt, 2055 82nd Avenue, speaking on behalf of all residents in the
Mobile Home Park, said they were all opposed to this mine. She implored the Board to consider
this issue seriously before granting this permit to Wild Turkey.
David Knight, 80 Royal Palm Pointe, urged the Board to consider a pending
ordinance.
Honey Minuse, Indian River Neighborhood Association (IRNA), voiced the
IRNA's firm support for the residents in the area who are against the mining operations. She
pointed out that the IRNA have looked at the broader picture and found that it is incompatible to
put those operations next to the Ranch.
Victor Knight, 3295 Ranch Road, clarified comments which implied that he said
bringing forward a moratorium was too strong or too much.
David Cox, Periwinkle Lane, has supported sand mines in the past, and has never
been comfortable with them in AG -1 areas. He shared two issues: (1) the $12 million investment
in Sexton Ranch, which he described as "a crown jewel of ranches" in the County. He stated that
this was a major step for us to have preserved, through conservation easements, agricultural use on
this land. He felt that if major industrial activity is allowed next to that kind of investment, it
would erode the public trust in these ongoing negotiations about environmental lands; and (2) he
understood the distinction between quasi-judicial and legislative, but believed that ultimately the
first principles of government are that commissioners are entrusted with responsibility of
protecting the public's health, safety and welfare.
Shawn Sexton, 7880 37th Street, commented on the erroneous newspaper article,
and disclosed that a statement from the family was sent to the Press Journal expressing how they
felt about the article.
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November 20, 2007
Mr. Paladin reiterated that if these proposals were attached to their permit, they
would be happy to assist in any way. He urged the Board to go forward with what was voted on a
few weeks ago.
Commissioners again reiterated the need to move forward rapidly, either through a
pending ordinance or a future moratorium process.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to give staff
direction to draft a pending ordinance as quickly as possible
to protect the interest of this County.
Commissioner Flescher agreed they did not have enough teeth in the ordinance to
deal with these issues, and wanted to know what could be done for the here and now.
Attorney Collins did not think a Motion for a pending ordinance means anything
without some direction as to the content of that ordinance. He reminded the Board of the last time
they had a pending ordinance and the issues they had to deal with, and provided legal opinion on
the requirements of such a venture. He thought it would be difficult for staff to come back without
guidance as to how to proceed.
Chairman Bowden agreed with the statements of all Commissioners and the
concerns of the County Attorney, but said their first concern should be for health, safety, and the
welfare of residents. She also wanted to get the matter resolved expeditiously.
Commissioner Wheeler provided a brief synopsis of the issues to be addressed in the
pending ordinance. He did not think these mining permits should be under administrative
approval, but under public hearings.
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November 20, 2007
Administrator Baird commented on the matter of administrative approval from a
long-term perspective.
Director Boling sought clarification on whether they were just looking at impacts.
Board members briefly discussed dewatering and the effects on surrounding wells.
Attorney Evans worried about the teeth such an ordinance might have and its
ability to stop the Wild Turkey project.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved to move
forward and directed staff to draft a pending ordinance
addressing various issues of mining operations, and to
return to the Board for review.
Chairman Bowden called a break at 12:30 p.m., and reconvened the meeting at 12:
40 p.m., with all members present.
B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIRMAN -
NONE ADDITION: ACKNOWLEDGMENT OF PLAQUE
FROM RESOURCE ASSOCIATION
Chairman Bowden acknowledged the receipt of a Plaque from the Senior Resource
Association, acknowledging the commitment of the Board of County Commissioners to the Meals
on Wheels program.
32
November 20, 2007
C. COMMISSIONER WESLEY S. DAVIS
1. REQUEST FOR APPROVAL IN WRITING A LETTER IN SUPPORT OF
THE INDIAN RIVER COUNTY HISTORIC SOCIETY, INC., APPLYING
FOR A HISTORIC PRESERVATION GRANT FOR THE CONTINUED
OPERATION OF THE MARIAN FELL LIBRARY IN FELLSMERE
Vice Chairman Davis received a letter dated November 1, 2007, from the Indian
River County Historical Society, Inc., requesting that he "show support of an application for a
historic preservation grant for the continued operation of the Marian Fell Library in Fellsmere by
composing a letter to include the adaptive use and community involvements." In that regard, Vice
Chairman Davis requested that the Board of County Commissioners approve the writing of a letter
of support.
ON MOTION by Vice Chair Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and directed staff to write a letter of support for the Indian
River County Historic Society, Inc., application for a
historic preservation grant for the continued operation of
the Marian Fell Library in Fellsmere, as requested in the
memorandum of November 14, 2007.
D. COMMISSIONER JOSEPH E. FLESCHER- NONE
E. COMMISSIONER PETER D. O'BRYAN NONE
1. ADDITION: UPDATE ON THE INDIAN RIVER COUNTY APPEAL OF
ST. JOHN'S FINAL ORDER
33
November 20, 2007
Commissioner O'Bryan updated the Board on the pending appeal between the St.
John's River Water Management District (SJRWMD) land swap with the Corrigan family. He
thereafter requested an excused absence to attend the appeal process hearing.
14. SPECIAL DISTRICTS AND BOARDS
A. EMERGENCY SERVICES DISTRICT - NONE
B. SOLID WASTE DISPOSAL DISTRICT - NONE
C. ENVIRONMENTAL CONTROL BOARD - NONE
15. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 12:42 p.m.
ATTEST:
34
November 20, 2007
Jeffrey K. Barton, Clerk Sandra L. Bowden, Chairman
Minutes Approved:
BCC/AA/2007 Minutes
November 20, 2007
35