HomeMy WebLinkAbout12/11/2007 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 11, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION ON THE PADGETT BRANCH CONSERVATION EASEMENTS AS
THEY RELATE TO THE REGIONAL KISSIMMEE-ST. JOHNS RIVER CONNECTOR
FLORIDA FOREVER PROJECT BYROLAND DEBLOIS, CHIEF, INDIAN RIVER
COUNTY ENVIRONMENT PLANNING SECTION 2
6. APPROVAL OF MINUTES 4
A. REGULAR MEETING OF NOVEMBER 20, 2007 4
7. CONSENT AGENDA 5
7.A. REPORT PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD:
CONVICTIONS FOR THE MONTH OF OCTOBER 2007 5
7.B. APPROVAL OF WARRANTS - NOVEMBER 0916 TO NOVEMBER 15-29, 2007 5
December 11, 2007 1
7.C. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC), COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY COMMITTEE (CEDSC)
REAPPOINTMENT 6
7.D. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC) COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY COMMITTEE (CEDSC) APPOINTMENT 6
7.E. FY 2006-2007 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIAISON OFFICER FORM, BOARD OF COUNTY
COMMISSIONERS 7
7.F. REQUEST FOR AN EASEMENT FROM THE CITY OF VERO BEACH 7
7.G. AUTHORIZATION TO ATTEND 2008 ANNUAL FSBPA AND GFOA
CONFERENCES 8
7.H. APPROVAL OF INCREASED FUNDING AND AMENDMENTS TO FOUR CHILDREN'S
SERVICES GRANT PROVIDERS 8
7i CHOOSE LIFE LICENSE PLATE FUNDING, ANNUAL AUDIT 9
7.J. INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE SCHOOL
DISTRICT OF INDIAN RIVER COUNTY 9
7.K. WORK ORDER NO. 2 (ENGINEERING/SURVEYING), CARTER ASSOCIATES, INC.,
66THAVEROADWAY IMPROVEMENTS/DESIGN-SOUTH OF SR60, SURVEY
HORIZONTAL AND VERTICAL CONTROL PROJECT 10
7.L. WORK ORDER NO. 3 (ENGINEERING/SURVEYING), CARTER ASSOCIATES, INC.,
PROPOSED 26TH STREET RIGHT--OF-WAY ACQUISITIONS, SKETCH AND
DESCRIPTIONS 10
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 10
8.A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF THE COURT:
INVESTMENTS OF COUNTY FUNDS 11
8.B. K4YCLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS: VOTING
SYSTEM EQUIPMENT 12
9. PUBLIC ITEMS 13
9.A. PUBLIC HEARINGS 13
December 11, 2007 2
9.A.1. CONSIDERATION OF PROPOSED LDR AMENDMENTS TO CHAPTER 910,
CONCURRENCY REGULATIONS, AND ALLOWANCES FOR "VESTING"
CONCURRENCY (LEGISLATIVE) 13
9.A.2. AMENDMENT TO SECTION 104.06, CODE OF ETHICS AND CONDUCT, OF THE
INDIAN RIVER COUNTY CODE (LEGISLATIVE) 17
9.B. PUBLIC DISCUSSION ITEMS -NONE 18
9.C. PUBLIC NOTICE ITEMS 19
9. C.1. NOTICE OF SCHEDULED PUBLIC HEARING DECEMBER 18,2007: 19
CONSIDERATION OF ORDINANCE IMPOSING A MORATORIUM ON ACCEPTANCE OF
APPLICATIONS FOR MINING ADMINISTRATIVE PERMIT APPROVALS AND
ISSUANCE OF MINING PERMITS (LEGISLATIVE) 19
9.C.2. NOTICE OF SCHEDULED PUBLIC HEARING JANUARY 8, 2008: 19
CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 973 PUBLIC NUISANCE
FOR WEED MAINTENANCE REGULATIONS AND THE NUISANCE ABATEMENT
PROCESS (LEGISLATIVE) 19
10. COUNTY ADMINISTRATOR MATTERS -NONE 19
11. DEPARTMENTAL MATTERS 19
11.A. COMMUNITY DEVELOPMENT 19
11.A. 1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES 20
11.B. EMERGENCY SERVICES -NONE 23
11. C. GENERAL SERVICES -NONE 23
11.D. HUMANRESOURCESNONE 23
11.E. HUMANSERVICESNONE 23
11.F. LEISURE SERVICES -NONE 23
11. G. OFFICE OF MANAGEMENT AND BUDGET -NONE 23
11.H. RECREATION -NONE 23
December 11, 2007 3
11.L PUBLIC WORKS NONE 23
11..1 UTILITIES SERVICES 23
11.J.1. SAN SEBASTIAN SPRINGS SUBDIVISION PETITION WATER SERVICE, INDIAN
RIVER COUNTY PROJECT NO. UCP -3014 23
11.J.2. GRAND HARBOR SPOONBILL MARSH -AGREEMENT FOR TEMPORARY
CONSTRUCTION EASEMENT AND FINAL PAY TO MASTELLER, MOLER, REED
AND TAYLOR, INC. 24
11.J.3. SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT,
PROFESSIONAL SERVICES BYKIMLEY-HORN & ASSOCIATES, INC. (KHA) FOR
UPGRADES AND MODIFICATIONS AT SOUTH COUNTYRO FACILITY- WORK
ORDER NO. 14 AMENDMENT NO. 2 24
12. COUNTY ATTORNEY MATTERS -NONE 24
13. COMMISSIONER ITEMS 24
13.A COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -NONE 24
13.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN -NONE 25
13. C. COMMISSIONER JOSEPH E. FLESCHER-NONE 25
13.D. COMMISSIONER PETER D. O'BRYAN 25
13.D.1. REPRESENTATION ON THE ECONOMIC DEVELOPMENT COUNCIL 25
13.E. COMMISSIONER GARY C. WHEELER NONE 25
14. SPECIAL DISTRICTS AND BOARDS 25
14.A. EMERGENCY SERVICES DISTRICT 25
14.A.1. APPROVAL OF MINUTES FOR REGULAR MEETING OF NOVEMBER 06, 2007 26
14.A.2. FY2006-2007RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIAISON OFFICER FORM, EMERGENCY SERVICES
DISTRICT 26
14.B. SOLID WASTE DISPOSAL DISTRICT 26
14.B. 1. APPROVAL OF MINUTES FOR REGULAR MEETING OF OCTOBER 23, 2007 26
December 11, 2007 4
14.B.2. FY 2006-2007 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIAISON OFFICER FORM, SOLID WASTE DISPOSAL
DISTRICT 26
14. C. ENVIRONMENTAL CONTROL BOARD NONE 27
15. ADJOURNMENT 27
December 11, 2007 5
December 11, 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, 1801 27th Street, Vero Beach, Florida, on
Tuesday, December 11, 2007. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley
S. Davis, Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Wesley S. Davis led the Pledge of Allegiance to the Flag.
December 11, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Bowden requested the following change to today's Agenda:
1. Deletion of Item 11.J.3. South County Reverse Osmosis Water Treatment
Plant, Professional Services by Kimley-Horn & Associates, Inc. (KHA) for
Upgrades and Modifications at South County RO Facility — Work Order No.
14 Amendment No. 2 (requested by Administrator Baird)
ON MOTION by Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously made the
above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION ON THE PADGETT BRANCH CONSERVATION
EASEMENTS AS THEY RELATE TO THE REGIONAL KISSIMMEE-ST.
JOHNS RIVER CONNECTOR FLORIDA FOREVER PROJECT BYROLAND
DEBLOIS, CHIEF, INDIAN RIVER COUNTY ENVIRONMENT PLANNING
SECTION
Chief Environmental Planner Roland DeBlois introduced this item, reminding the
Commissioners that on September 18, 2007, the Board had approved the purchase of Conservation
Easements on the Padgett Branch land acquisition site (which refers to both Padgett Branch, LLC,
and Triple S Land Company). Mr. DeBlois explained that staff had invited Jim Muller, the former
December 11, 2007 2
director of the Florida National Areas Inventory, to speak about the relationship of Padgett Branch
to the larger regional picture.
Jim Muller, Muller & Associates, Inc., through a PowerPoint presentation,
presented an overview of how Padgett Branch fit in with the State's perspective. He defined
Conservation Easements, and expounded on the pros and cons of fee simple and conservation
easement acquisitions, noting that the latter remain in perpetuity.
Mr. Muller explained that Florida Forever is involved in a variety of projects, and he
revealed that the Board of Trustees currently has only $20 million left in uncommitted funds. He
urged the Commissioners to let the Legislature know the importance of State funding for the
program, and suggested that the Board consider sending another Resolution this year, letting the
State know that the County wants them to increase the available funding or to extend the program
and institute a successor program with additional funding.
The Board spoke about the importance of land preservation, and thanked Mr. Muller
for educating the public.
Chairman Bowden reiterated that Padgett Branch and Triple S were essential parcels
to the core project of Florida Forever. She proposed sending another Resolution to the Legislature
to let them know that Florida Forever is a County priority, which requires additional State funding.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
sending to the Legislative Delegation, a Resolution to
increase the amount of funding made
December 11, 2007 3
available through the Florida Forever Program as it is now,
or to extend the program and increase funding.
Guy Barber, Highlands Drive Southwest, and Renee Renzi, Waverly Place, shared
their concerns regarding the permanency of the County's conservation rights.
The Commissioners, County Attorney Collins, and Mr. Barber discussed and
debated what was perpetuity, and the permanency of the County's easement rights.
Renee Renzi, Waverly Place, wondered what would happen if the descendants of
the current owners wanted to repudiate the easement restrictions. She wanted assurance that the
easement restrictions would be ironclad.
Vice Chairman Davis and County Attorney Collins addressed her concerns.
Chairman Bowden was enthusiastic about continuing to educate the public, so they
would truly understand and appreciate the importance of this item.
6. APPROVAL OF MINUTES
A. REGULAR MEETING OF NOVEMBER 20, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of November 20, 2007. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Wheeler, the Board unanimously approved
December 11, 2007 4
the Minutes of the Regular Meeting of November 20, 2007,
as written and distributed.
7. CONSENT AGENDA
Chairman Bowden asked to pull for discussion, Item 7.G.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Consent Agenda, as amended.
7.A. REPORT PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD: CONVICTIONS FOR THE MONTH OF OCTOBER 2007
The Board acknowledged the Report on file.
7.B. APPROVAL OF WARRANTS - NOVEMBER 0916 TO NOVEMBER 14-29,
2007
ON MOTION by Commissioner Wheeler, 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 16, 2007 to November 29,
2007, as requested in the memorandum of November 29,
2007.
December 11, 2007 5
7.C. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC),
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE
(CEDSC) RE -APPOINTMENT
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the re -appointment of Ms. Helene Castletine to the Treasure
Coast Regional Planning Council Comprehensive
Economic Development Strategy Committee, as
recommended in the memorandum of December 5, 2007.
7.D. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC)
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE
(CEDSC) APPOINTMENT
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the appointment of Mr. Matt King to the Treasure Coast
Regional Planning Council Comprehensive Economic
Development Strategy Committee, as recommended in the
memorandum of December 5, 2007.
December 11, 2007 6
7.E. FY 2006-2007 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIAISON OFFICER FORM, BOARD OF COUNTY
COMMISSIONERS
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized the Chairman to execute the Records
Disposition Compliance Statements for the period October
1, 2006 through September 30, 2007, and to submit the
Record Management Liaison Officer (RMLO) form to the
Florida Department of State for the Indian River County
Board of County Commissioners, as recommended in the
memorandum of December 5, 2007.
7.F. REQUEST FOR AN EASEMENT FROM THE CITY OF VERO BEACH
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized the Chairman to execute the drainage -enclosed
easement for the City of Vero Beach Recreation Complex
and St. Francis Manor, as recommended in the
memorandum of November 30, 2007.
December 11, 2007 7
7.G. AUTHORIZATION TO ATTEND 2008 ANNUAL FSBPA AND GFOA
CONFERENCES
Chairman Bowden wanted to include in the Motion authorization for the
Commissioners to attend the two conferences, in addition to authorizing attendance for the County
Administrator.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
for the Commissioners and the County Administrator to
attend the Florida Shore & Beach Preservation
Association's 2008 National Conference on Beach
Preservation in Sarasota, Florida, on January 30, 2008, to
February 1, 2008. The Board also approved for the
Commissioners and County Administrator to attend the
Government Finance Officers' Association Annual
Conference in Fort Lauderdale, Florida, on June 15, 2008 —
June 18, 2008. The latter conference provides continuing
education hours necessary to maintain the Government
Finance Officer Certification.
7.H. APPROVAL OF INCREASED FUNDING AND AMENDMENTS TO FOUR
CHILDREN'S SERVICES GRANT PROVIDERS
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the reallocation of $52,000.00 in Children's
December 11, 2007 8
Services funding; approved the form of Amendment to the
existing Grant Contracts, and authorized the Chairman to
execute each of the five Amendments to the five existing
Grant Contracts after approval by County staff and the
County Attorney's office, as recommended in the
memorandum of December 3, 2007.
7.1. CHOOSE LIFE LICENSE PLATE FUNDING, ANNUAL AUDIT
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Annual Choose Life Specialty License Plate Report and
authorized the Chairman to execute the Report for
submittal to the Department of Highway Safety and Motor
Vehicles, as recommended in the memorandum of
December 3, 2007.
7.J INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE
SCHOOL DISTRICT OF INDIAN RIVER COUNTY
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Interlocal Agreement, as recommended in the
memorandum of December 5, 2007.
December 11, 2007 9
7.K. WORK ORDER No. 2 (ENGINEERING/SURVEYING), CARTER
ASSOCIATES, INC., 66THAVE ROADWAY IMPROVEMENTS/DESIGN —
SOUTH OF SR60, SURVEY HORIZONTAL AND VERTICAL CONTROL
PROJECT
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Work Order No. 2, authorizing the above mentioned project
as outlined in the Scope of Services, and authorized the
Chairman to execute said Work Order, as recommended in
the memorandum of November 28, 2007.
7.L. WORK ORDER No. 3 (ENGINEERING/SURVEYING), CARTER
ASSOCIATES, INC., PROPOSED 26TH STREET RIGHT--OF-WAY
ACQUISITIONS, SKETCH AND DESCRIPTIONS
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Work Order No. 3, 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 29, 2007.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
December 11, 2007 10
B.A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF THE COURT:
INVESTMENTS OF COUNTY FUNDS
Clerk of the Circuit Court Jeffrey K. Barton briefed the Board on the status of the
County's Florida Local Government Investment Pool (LGIP) investments, managed by the State
Board of Administration (SBA). Due to rumors regarding difficulties that the SBA was
experiencing, and with the intention of protecting the County's and taxpayers' money, on
November 29, 2007, Mr. Barton transferred $66 million of the County's investment pool. This
was followed by the LGIP shutting down. Mr. Barton explained that although the County (and
everyone else in the fund) lost interest for the month of November, it was a small price to pay for
saving the principal. He noted that quite a few other counties had also pulled out their resources
due to uncertainly about what was occurring at LGIP.
Mr. Barton reported that when everything was closed down, the State Board of
Administration allowed the $23 million that was in the Tax Collector's SBA account to be
transferred to the Board of County Commissioners' SBA account. Subsequent to November 29,
2007, SBA froze fourteen percent (14%) of the funds into a separate account and eighty-six
percent (86%) was made available to be pulled out in the future. When the SBA reopened, we
were allowed to take fifteen percent (15%) or $3.4 million, out of the account. This money was put
into US Treasury Obligations, which have the highest marketability of anything available, if we
need cash. Mr. Barton assured the Board that every necessary precaution had been taken to
safeguard the County's and citizen's money.
Vice Chairman Davis asked how much money was currently in the investment fund
in Tallahassee. Mr. Barton divulged that there was $23 million in the SBA.
December 11, 2007 11
Finance Director Diane Bernardo reiterated that fourteen percent (14%), or
approximately $3.8 million, was in the County's name, but in restricted funds. She stated that the
SBA was anticipated to be allowing additional fund withdrawals in the near future.
Chairman Bowden thanked Mr. Barton for setting the record straight.
B.B. KAY CLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS:
VOTING SYSTEM EQUIPMENT
Supervisor of Elections Kay Clem, through a review of her memorandum,
provided a detailed explanation of the voting system equipment needed to satisfy the requirements
of recently passed House Bill 537. She stated that although the State would be granting the County
funds to buy 57 optical scanners from Sequoia Voting Systems, and to lease one Ballot on Demand
printer from Runbeck Elections Services, Inc., no funds were provided for training or backup
equipment. She asked the Board to approve funding for sole sourcing the purchase of the optical
scanner component of the voting system to Sequoia Voting Systems, using the funds provided by
the State grant ($342,646.00). She also asked the Board to approve appropriating the extra
$329,355.00 in order to implement the system.
Phil Foster, Sequoia Voting Systems, provided a demonstration of the precinct
tabulator equipment, the Optech Insight Plus.
Questions were posed and comments made regarding this item, after which
Chairman Bowden thanked Ms. Clem and Mr. Foster for their presentations.
MOTION WAS MADE by Chairman Davis, SECONDED
by Commissioner Wheeler for discussion, to approve the
December 11, 2007 12
Optical Scanner Component for the County's voting
system, and to allocate $329,355.00 for the purchase of
same.
Kay Clem interjected that Sequoia has a provision in their contract that states that
they will credit us 50% or 25% (depending on the transaction date) of the purchase price of the new
products that the County has purchased to implement House Bill 537, should the County use the
trade-in option to purchase new equipment in the future.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously to approve the purchase of the Optical
Scanner Component for the County's voting system, and to
approve the allocation of $329,355.00 for the purchase of
same, as requested by the Supervisor of Elections, Kay
Clem, in her letter of December 4, 2007.
The Chairman called a recess at 10:38 a.m. and reconvened the meeting at 10:47
a.m. with all members present.
9. PUBLIC ITEMS
9.A. PUBLIC HEARINGS
9.A.1. CONSIDERATION OF PROPOSED LDR AMENDMENTS TO CHAPTER 910,
CONCURRENCY REGULATIONS, AND ALLOWANCES FOR "VESTING"
CONCURRENCY (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
December 11, 2007 13
Planning Director Stan Boling related that in July 2007, the Board directed staff to
revisit Ordinance 2007-001, concerning amendments to the Land Development Regulations
(LDRs), Chapter 910, that govern concurrency vesting. Through his memorandum and a
PowerPoint presentation, Director Boling discussed the regulations governing concurrency
vesting and explained why amendments to Chapter 910 were necessary.
Director Boling reviewed the two draft Ordinances, Alternative 1 and Alternative 2,
which were up for Board approval. Alternative 1 would modify concurrency vesting allowances
for all types of development, and Alternative 2 would change vesting allowances for targeted uses
only. He advised the Board that the Professional Services Advisory Committee (PSAC), Planning
& Zoning (P&Z), and staff had all recommended adoption of Alternative 1.
item.
The Board offered comments and posed questions to Director Boling regarding this
The Chairman opened the public hearing.
The following speakers spoke in favor of Amendment 1:
Joseph Paladin, Black Swan Consulting, and David Ederer.
Bob Johnson, Vero Beach, posed questions about school concurrency, and learned
from Community Development Director Bob Keating that no County financial responsibility
would occur because of school concurrency.
Detailed discussion ensued between the Commissioners, Director Keating, and
Administrator Baird regarding impact fees as related to school concurrency, and Director Keating
December 11, 2007 14
explained that the Board would have to have a request from the School Board to adopt an
Ordinance imposing the impact fees.
There was additional discussion about using impact fees for funding capital
improvements.
Bob Johnson wanted to see the School Board get paid back, and then deposit into
the County's millage, the money that they had loaned to another county. He believed that this
would save taxpayers from having to pay unnecessary impact fees.
Bea Gardner, Vero Beach, directed a question regarding school concurrency to
Director Keating. He explained what was concurrency, and informed everyone that the Interlocal
Agreement would give the County (and other local governments) more participation in identifying
school sites and proposed school construction.
The Board offered additional comments and posed more questions regarding school
concurrency, capacity, and zoning, and Director Keating spoke to their concerns.
Joseph Paladin, a member of the Impact Fee Task Force, provided comments on
impact fees, and declared that new development should pay for new development, so that it does
not impact citizens.
The Board and Director Keating had additional comments, which pertained to the
school district's database of students.
There were no additional speakers and the Chairman closed the public hearing.
December 11, 2007 15
The Board and Planning Director Stan Boling engaged in further discussion
regarding developer vesting, and whether a limit should be put on the number of lots that could be
vested by a large developer.
A lengthy discussion ensued among the Board and Director Boling regarding
concurrency, vesting, and impact fees. The Board expressed concerns regarding the large
developers monopolizing concurrency, and discussed how to protect "the little guy."
Chairman Bowden re -opened the public hearing.
Bruce Barkett, Vero Beach, offered comments on impact fees and vesting as those
items related to developers, and the Board addressed his remarks.
Chuck Mechling, 1999 Pointe West Drive, spoke in favor of providing a sense of
security to the people who wanted to move their projects along, which he believed would be
primarily in the commercial and industrial areas.
The Board continued to make observations regarding vesting and concurrency.
Their concerns centered on structuring concurrency regulations so that large developers could not
acquire a monopoly. The Commissioners agreed that the permanent concurrency certificates
should apply only to entities not purchasing a large number of lots, and debated as to how many
lots one entity should be allowed to purchase in order to be granted the permanent certificates.
Mr. Barkett encouraged the Board to continue this item and not draft anything "on
the fly." For the record, Chairman Bowden agreed.
December 11, 2007 16
Vice Chairman Davis asked what was staffs position on limiting the number of
permanent concurrency certificates, and learned from Director Keating that this would be fine with
staff.
Joseph Paladin wanted to see more permanent vesting given to
industrial/commercial development, and he agreed with Mr. Barkett that the Board should spend
additional time before amending the Ordinance.
Director Keating stated he would work on the language of the Ordinance and bring
this item back to the Board of County Commission meeting on January 8, 2008.
Seeing no further speakers, Chairman Bowden closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved to
postpone this item until the first meeting in January 2008.
9.A. 2. AMENDMENT TO SECTION 104.06, CODE OF ETHICS AND CONDUCT, OF
THE INDIAN RIVER COUNTY CODE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney William Collins presented this item, which dealt with some
ambiguities in the Ethics Ordinance relating to County officials accepting food and refreshments.
He had drafted an Ordinance that would allow exemptions from the above prohibition for the
following:
December 11, 2007 17
• Ground breakings/grand openings/ribbon cutting and other ceremonial
occasions
• Annual holiday parties and open houses
The Chairman opened the public hearing.
There were no speakers, and the Chairman closed the public hearing.
ON MOTION by Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Ordinance 2007-041, amending Section 104.06, Code of
Ethics and Conduct, of the Indian River County Code;
providing for codification; providing for severability; and
providing for an effective date.
The Chairman called a recess at 12:01 p.m. and the Board reconvened at 12:08
p.m., with all members present.
9.B. PUBLIC DISCUSSION ITEMS -NONE
December 11, 2007 18
9.C. PUBLIC NOTICE ITEMS
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
9.C.1. NOTICE OF SCHEDULED PUBLIC HEARING DECEMBER 18,2007:
CONSIDERATION OF ORDINANCE IMPOSING A MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR MINING ADMINISTRATIVE
PERMIT APPROVALS AND ISSUANCE OF MINING PERMITS
(LEGISLATIVE)
9.C.2. NOTICE OF SCHEDULED PUBLIC HEARING .JANUARY 8, 2008:
CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTER 973
PUBLIC NUISANCE FOR WEED MAINTENANCE REGULATIONS AND THE
NUISANCE ABATEMENT PROCESS (LEGISLATIVE)
The Chairman read the notices into the record.
10. COUNTY ADMINISTRATOR MATTERS -NONE
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT
December 11, 2007 19
II.A. I. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE
STRUCTURES
County Building Official Buddy Akins reviewed his November 15, 2007
memorandum regarding three structures that have been found to be unsafe. The property owners
are listed below:
• Alan & Helen Furet
• Fred Wenisch
• Carl L. & Hannah L. Darrisaw
Mr. Akins informed the Board that each owner had received a condemnation order
informing them to repair or remove their structure within 60 days, or to be prepared for possible
ensuing demolition by the County. He asked the Board to declare the structures unsafe and a
nuisance, and to order the buildings demolished with related debris removed from the property.
Additionally, he wanted the Board to authorize the preparation and recording of a lien to be placed
on the real property of the owners of the demolished structures, in order to recover the County's
costs.
Commissioner O'Bryan asked Mr. Akins if any response had been received from the
property owners. Mr. Akins revealed that he had heard from the Furets, the owners of the property
at 9586 Doubloon Drive. They had built a new seawall behind the house in February, but they
have not done any work on the house, other than to board it up. There have been complaints from
the neighbors about unsightliness, vermin, and unauthorized use of the home. Mr. Akins noted that
the Furets had intended to rebuild, and stated that if they proceeded with the rebuilding, the
property could be pulled out of the County's demolition process.
December 11, 2007 20
Helen Furet, 9586 Doubloon Drive, explained that the permitting she had received
from the Department of Environmental Protection (DEP) was granted in order to preserve the
existing structure. She was now working with MVB Engineering to see if the house should be torn
down and rebuilt, or whether some existing walls could be salvaged.
Mr. Akins addressed Vice Chairman Davis's question as to why the DEP was
involved, and commented that the Furets had been in the same position with the engineer a year
ago, and they had not moved ahead with any plans.
Mrs. Furet disagreed with Mr. Akins' assessment and informed the Board that prior
to getting the seawall this year, the Furets had been unable to proceed. Her fear was that if the DEP
found out the structure was going to be demolished, the Furets would be unable to get renewed
permitting to rebuild, since the permitting for the seawall was granted as an armory for the house.
She reiterated that within a couple of months the engineers would be doing a full inspection of the
structure, and she hoped that they could work out some type of plan to save some of the walls, so
the Furets won't have to request further DEP approval.
The Board urged her to expedite the evaluation process by the engineers.
The Commissioners and Mr. Akins assured Mrs. Furet that they wanted to work
with her and also to satisfy her neighbors; they would rather see her rebuild the house than have it
torn down. They explained that even if the demolition was approved, the County would not move
ahead until: (1) Mrs. Furets' engineer had gotten back with the Building Department, and (2)
approval for the award for the demolition contract had been brought to the Board.
Chairman Bowden suggested that a 60 -day extension be given to the Furets.
December 11, 2007 21
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously declared
the subject structures unsafe and a nuisance, and approved
the demolition of the structures at 4715 32nd Avenue and
4325 27th Avenue, with related debris removed from the
property by a private vendor approved through standard bid
procedures, as recommended in the memorandum of
November 15, 2007.
The Board also approved Resolution 2007-165, providing
for the demolition of unsafe structures and the recovery of
costs, and authorizing the Building Official to report the
County's demolition and debris removal cost for the said
structures to the County Attorney for the preparation and
recording of a lien to be placed on the real property of the
owner of the demolished unsafe structure for the purpose of
recovering the County's cost.
MOTION WAS MADE by Chairman Davis, SECONDED
by Commissioner Flescher, to postpone the demolition on
the Furet property for sixty (60) days.
Under discussion, Commissioner O'Bryan cautioned Mrs. Furet to come up with
some concrete information and plans, and to show significant progress.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved the
postponement of the demolition on the Furet property at
9586 Doubloon Drive for sixty (60) days.
December 11, 2007 22
11.B. EMERGENCY SERVICES -NONE
11.C. GENERAL SERVICES -NONE
11.D. HUMAN RESOURCES -NONE
11.E. HUMAN SERVICES -NONE
11.F. LEISURE SERVICES -NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET -NONE
11.H. RECREATION -NONE
II.L PUBLIC WORKS -NONE
11.J. UTILITIES SERVICES
11.J.1. SAN SEBASTIAN SPRINGS SUBDIVISION PETITION WATER SERVICE,
INDIAN RIVER COUNTY PROJECT NO. UCP -3014
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board unanimously approved
the project, and authorized the Department to
proceed with the engineering design work and negotiate a
contract for survey services with one of the approved
December 11, 2007 23
survey consultants, in preparation for the special
assessment project, as recommended in the memorandum
of November 30, 2007.
11. J.2. GRAND HARBOR SPOONBILL MARSH - AGREEMENT FOR TEMPORARY
CONSTRUCTION EASEMENT AND FINAL PAY TO MASTELLER, MOLER,
REED AND TAYLOR, INC.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the final pay request with Masteller, Moler, Reed and
Taylor, Inc. (MMRT), for the total amount of $750.00, as
recommended in the memorandum of November 27, 2007.
11.J.3. SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT,
PROFESSIONAL SERVICES BYKIMLEY-HORN & ASSOCIATES, INC.
(KHA) FOR UPGRADES AND MODIFICATIONS AT SOUTH COUNTYRO
FACILITY— WORK ORDER No. 14 AMENDMENT No. 2
DELETED
12. COUNTY ATTORNEY MATTERS -NONE
13. COMMISSIONER ITEMS
13.A COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN -NONE
December 11, 2007 24
13.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN -NONE
13. C COMMISSIONER .JOSEPH E. FLESCHER-NONE
13.D. COMMISSIONER PETER D. O'BRYAN
13.D.1.REPRESENTATION ON THE ECONOMIC DEVELOPMENT COUNCIL
Commissioner O'Bryan explained that the Economic Development Council wanted
to add to their membership the Workforce Development Board, Indian River Shores, and the Town
of Orchid. He informed the Board that it takes a Resolution to change the committee
representation, and requested Board approval to direct the Attorney 's office to draft the
implementing Resolution.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
directing legal staff to bring back, on the Consent Agenda,
an implementing Resolution designating representation on
the Economic Development Council, as recommended in
the memorandum of December 3, 2007.
13.E. COMMISSIONER GARY C. WHEELER -NONE
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT
December 11, 2007 25
The Chairman announced that immediately upon adjournment of its regular Board
of County Commission meeting, the Board would reconvene as the Board of Commissioners of the
Emergency Services District.
14.A.1. APPROVAL OF MINUTES FOR REGULAR MEETING OF NOVEMBER
06.2007
14.A.2. FY 2006-2007 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIAISON OFFICER FORM, EMERGENCY
SERVICES DISTRICT
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared separately and appended to this
document.
14.B.1. APPROVAL OF MINUTES FOR REGULAR MEETING OF OCTOBER 23,
2007
14.B.2. FY 2006-2007 RECORDS DISPOSITION COMPLIANCE STATEMENT
AND RECORDS MANAGEMENT LIAISON OFFICER FORM, SOLID WASTE
DISPOSAL DISTRICT
December 11, 2007 26
14. C ENVIRONMENTAL CONTROL BOARD -NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
15. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 12:21 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Sandra L. Bowden, Chairman
Minutes Approved:
BCC/MG/2007Minutes
December 11, 2007 27