HomeMy WebLinkAbout02/12/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
FEBRUARY 12, 2008
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 OFPROCL"ATION CELEBRATING THE GIFFORD YOUTH
ACTIVITY CENTER IOTHANNIVERSARYAND HONORING THE MEMORY OFDR.
WILLIAM NIGH FOR HIS OUTSTANDING SERVICE.......................................................2
5.B. PRESENTATIONOFPROCLAMATION CELEBRATING THE GIFFORD YOUTH
ACTIVITY CENTER 10 THANNIVERSARYAND HONORING RONALD HUDSON FOR
HIS OUTSTANDING SERVICE.........................................................................................2
5.0 PRESENTATION OFPROCLAMATION CELEBRATING THE GIFFORD YOUTH
ACTIVITY CENTER 10 THANNivEjuARYAND HONORING DANK RICHARDSON
FOR HIS OUTSTANDING SERVICE.................................................................................2
5.D. PRESENTATIONBYTHE INDIANRIVERSOCCERASSOCL4TION...................................2
5.E. PRESENTATIONBYJOEEARMANANDTOBYTURNERONFIREFIGHTERS
INDIANRIVER COUNTYFAIR........................................................................................3
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February 12, 2008
6. APPROVAL OF MINUTES.........................................................................4
f).A. REGULAR MEETING OF JANUARY 22, 2008.................................................................. 4
7. CONSENT AGENDA.....................................................................................4
7A. APPROVAL OF WARRANTS- JANUARY 25 - 31, 2008 ................................................... 4
7B. APPROVAL OFAGREEMENT TO USE THEINDL4NRIVER COUNTYFAIRGROUNDS
FORTHE COUNTYFAIR................................................................................................. 5
7.0 NONPROFIT ORGANIZATION ONEZAPPOINTMENT TO THE ENTERPRISE ZONE
DEVELOPMENT AGENCY............................................................................................... 5
7D. MEMBER AT LARGE APPOINTMENT TO THE ENTERPRISE ZONE DEVELOPMENT
AGENCY. . . .. . . ... . ... . ... . ... . ... . ... . .. . . .. . . ... . ... . ... . ... . ... . ... . ... . ... . ... . ... . ... . ... . ... . ... . ... . ... . ... . ... . ... . ... . .. 6
7E. APPOINTMENT OFATTORNEYAPPOINTEE TO HISTORICRESOURCESADVISORY
COMMITTEE. .. . . ... . ... . .. . . .. . . ... . .. . . ... . ... . ... . ... . ... . ... . ... . .. . . ... . .. . . ... . ... . ... . .. . . ... . .. . . ... . .. . . ... . ... . ... . .. 6
7F. OUT OF COUNTY TRAVEL TO ATTEND THE MPOAC WEEKEND INSTITUTE FOR
ELECTED OFFICL4LS..................................................................................................... 6
7G. MODIFYRESOLUTION2008-003ONTHE ECONOMICDEVELOPMENTCOUNCIL ....... 7
7H. OUT OF COUNTY TRAVEL FOR COMMISSIONERSAND STAFF TO ATTEND THE
2008 GOVERNOR'S BASEBALL DINNER........................................................................ 8
7L CIVIL ENGINEERING AND LAND SUR VEYINGAGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66THAVENUE FROM SOUTH OF SR 60 TO
59THSTREET, AMENDMENT NO.3................................................................................ 9
7J. APPROVAL OF WORK ORDER NO. M2 WITHMALCOLMPIRNIE, INC. FOR
LABORATORYSUPPORTSERVICESANDREPORTINGFOR THEMAINRELIEF
CANAL POLLUTION CONTROL SYSTEM......................................................................... 9
7K. APPROVAL OF WORK ORDER No. 3 -EM WITHMALCOLMPIRNIE, INC. FOR
ADDITIONAL ENGINEERING SERVICES FOR EGRET MARSH REGIONAL
STORMWATER PARK FINAL REDESIGNAND CONSTRUCTION....................................10
7L. MISCELLANEOUSBUDGETAMENDMENT 006............................................................10
7M. PROFESSIONAL ENGINEERINGSERVICESAGREEMENT, CR 512 CORRIDOR
IMPROVEMENTS-IRCPROJECTNO. 9611, ADDENDUMNO. 14 (MASTELLER &
MOLER, INC.) -RELEASE OF RETAINAGE..................................................................11
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February 12, 2008
7.N. TRAFFIC CONTROL DEVICE LEDGER.........................................................................11
7.0. WORK ORDER NO. HH -1; HARDESTY & HANOVER, LLP ENGINEERING;
WABASSO CAUSEWAYEAST AND WEST FISHING PIERS REPAIR..............................11
7.P. CR512CORRIDOR IMPROVEMENTS -IRCPROJECTNO.9611,ADDENDUMNO.
13, REQUEST FOR RELEASE OFRETAINAGE..............................................................12
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE.....................................................................................12
9. PUBLIC ITEMS............................................................................................12
9.A. PUBLICHEARINGS......................................................................................................I2
9.A.1. CONTINUED HEARING FROMFEBRUARY5, 2008: REQUEST BYBILLYL.
HITCHCOX FOR A VARL4NCE FROM THE REQUIREMENTS OF THE SUBDIVISION
ORDINANCE (CHAPTER 913) FOR A MOBILE HOME DEVELOPMENT AT 48TH
AVENUE AND 43" STREET (QUASI-JUDICL4L)..........................................................12
9.A.2. ADULT COMMUNITY TOTAL SER VICES, INC.'SREQUEST FOR MAJOR SITE PLAN
AND SPECL4L EXCEPTIONAPPROVAL TO CONSTRUCT A TOTAL CARE FACILITY
TO BE KNOWNAS INDIANRIvER ESTATES PHASE III (QUASI-JUDICIAL) ...............16
9.A.3. CONSIDERATION OF FINAL INTERLOCAL AGREEMENT FOR COORDINATED
PLANNING AND SCHOOL CONCURRENCY (LEGISLATIVE)..........................................18
9.A.4. PUBLIC HEARING TO AMEND SECTION 201.08.H OF THE INDIANRIVER
COUNTY CODE TO REMOVE THE REQUIREMENT OF INTEREST PAYMENT ON
WATER AND SEWER DEPOSITS (LEGISLATIVE).........................................................19
9.A.5. PUBLIC HEARING TO ENACT A RESOL UTION TO AMEND RESOL UTION 99-58
(UTILITIES RATE RESOL UTION) (LEGISLATIVE).......................................................20
9.B. PUBLICDISCUSSIONITEMS........................................................................................21
9.B.1. REQUEST TOSPEAKFROMFR,4NKZORCREGARDINGPRESIDENTL4LPICTURES
AVAILABLE FOR DISPLAYINADMINISTRATIONBUILDING........................................21
9.C. PUBLIC NOTICE ITEMS...............................................................................................22
9. C.I. NOTICE OF SCHEDULED PUBLIC HEARING ON FEBRUARY 19,2008: PUBLIC
NOTICE OF PUBLIC HEARING FDR AMENDMENT TO ORDINANCE NO.2003-03
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February 12, 2008
CODIFYING AND PUBLISHING THE ORDINANCES TO READOPT THE CODE UP TO
AND INCLUDING SUPPLEMENT 65 (LEGISLATIVE)....................................................22
10. COUNTY ADMINISTRATOR'S MATTERS - NONE .......................... 23
11. DEPARTMENTAL MATTERS.................................................................23
H.A. COMMUNITYDEVELOPMENT - NONE.........................................................................23
II.B. EMERGENCYSERVICES - NONE..................................................................................23
II. C. GENERAL SER VICES - NONE.......................................................................................23
11.A HUMAN RESOURCES - NONE......................................................................................23
H.E. HUMANSERVICES -NONE ..........................................................................................23
1I. F. LEISURE SER VICES - NONE.........................................................................................
23
II.G. OFFICE OF MANAGEMENT AND BUDGET- NONE......................................................23
II.H. RECREATION-NONE...................................................................................................23
ILLPUBLIC WORKS ...........................................................................................................23
ILLI. DEVELOPER'SAGREEMENTBETWEENINDIANRIVER COUNTY, FLORIDA, AND
PIONEER BAPTIST CHURCH OF VERO BEACH, INC...................................................23
I LJ UTILITIES SERVICES...................................................................................................24
II.J.I. AMENDMENT NUMBER I TO CONTINUING CONSULTING SERVICES WORK
ORDER NO. 4 WITH MASTELLER & MOLER, INC. FOR ENGINEERING SERVICES
FOR CONVERSION OF LATERAL G FORCE MAIN TO REUSE MAIN- UCP NO.
2830.............................................................................................................................24
12. COUNTY ATTORNEY MATTERS - NONE..........................................25
13. COMMISSIONER ITEMS.........................................................................25
13.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN- NONE.......................................25
13.B. COMMISSIONER WESLEYS DA VIS, VICE CHAIRMAN...............................................25
13.B. I. DISCUSSION REGARDING ELIMINATION OF RECEPTIONIST POSITION IN THE
BOARD OF COUNTY COMMISSION OFFICE.................................................................25
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February 12, 2008
13. C COMMISSIONER .IOSEPHE. FLESCHER - NONE.........................................................27
13.D. COMMISSIONER PETER D. 0IBR YAN- NONE.............................................................27
13.E. COMMISSIONER GARY C. WHEELER - NONE.............................................................27
14. SPECIAL DISTRICTS AND BOARDS....................................................27
M.A. EMERGENCYSERVICESDISTRICT-NONE.................................................................27
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE...............................................................27
14.C. ENVIRONMENTAL CONTROL BOARD..........................................................................28
14.01. REPORT OFACTIVITIES DURING FOURTH QUARTER (OCTOBER THROUGH
DECEMBER 2007)....
..28
15. ADJOURNMENT.........................................................................................28
February 12, 2008
February 12, 2008
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,
February 12, 2008. Present were Chairman Sandra L. Bowden, Vice Chairman Wesley S. Davis,
and Commissioners Joseph E. Flescher, Peter D. O'Bryan, and Gary C. Wheeler. Also present
were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and Deputy
Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Tom Harris, First Presbyterian Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Wesley S. Davis led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS - NONE
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February 12, 2008
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION CELEBRATING THE GIFFORD
YOUTHACTIVITY CENTER 1071 ANNIVERSARY AND HONORING THE
MEMORY OF DR. WILLIAM NIGH FOR HIS OUTSTANDING SER VICE
Commissioner Flescher read the Proclamation and Freddie Wolfork presented it to Mrs.
William Nigh.
S.B. PRESENTATION OF PROCLAMATION CELEBRATING THE GIFFORD
YOUTHACTIVITY CENTER IOTHANNIVERSARYAND HONORING RONALD
HUDSON FOR HIS OUTSTANDING SERVICE
Commissioner Flescher read and presented the Proclamation to Dr. Ronald Hudson.
S.C. PRESENTATION OF PROCLAMATION CELEBRATING THE GIFFORD
YOUTHACTIVITYCENTER IOTHANNIVERSARYANDHONORINGDANK.
RICHARDSON FOR HIS OUTSTANDING SERVICE
Commissioner Flescher read and presented the Proclamation to Mr. K. Richardson.
Freddie Woolfork introduced Executive Director Angela Perry, and Chairman John Dean
to the Board. He also gave an open invitation to attend the ten year celebration festivities for the
Gifford Youth Activity Center, on February 15th and 16th 2008 at 10:00 a.m.
S.D. PRESENTATIONBY THE INDIANRIVER SOCCER ASSOCIATION
Bill Becker wanted the Board to know that lighting the soccer fields had improved the
County's value since there are now numerous opportunities for outside groups around the State to
come into the County and use our facilities. He acknowledged that Administrator Joe Baird had
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February 12, 2008
been a great asset through this improvement project, and he thanked the Board for attending their
celebration.
Neil Hockenhull echoed Mr. Becker's comments. He wanted the public to know that by
lighting the soccer fields, they are now able to give back to the County by hosting tournaments. He
detailed the specifics of 70 teams coming in, of which 54 would be staying in Indian River County,
for an economic impact of about $139,000.00. Mr. Hockenhull described, at the request of
Commissioner Wheeler, how they had been self-sufficient, with an annual budget of $70,000.00,
and how the administration and operation of the program cost the taxpayer nothing.
S.E. PRESENTATIONBY.TOEEARMANAND TOBYTURNER ONFIRE
FIGHTERSINDIANRIVER COUNTYFAIR
Joe Earman announced that the Fair is in its 28th year of existence, and that it had been
supported by the Fire Fighters since it started. He felt that the joint partnership with the County
had made it a success over the years. He commended Administrator Baird and staff for their
support, and provided them with a check for $17,291.00, on behalf of the Indian River County Fair
Association, Inc. for its contracted one-third share of profits. He requested the Board approve the
Agreement to use the Fairgrounds for the next three years.
Toby Turner thanked the Board for their support and echoed appreciation to
Administrator Baird and staff. He reported that since the jail facility moved out, they will now
have lease space available to vendors and merchants, and said that they are adding new electric and
water inside the main grounds. He announced that the Fair is scheduled for March 14th through
March 22nd
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February 12, 2008
At the request of Vice Chairman Davis, Mr. Turner named a few of the new exhibits:
canning, quilting, crafts, photography, citrus tree displays, livestock, and a "hands-on" attraction
for children. He said that individuals wanting to sign-up to volunteer could do so
at: www.firefiahtersfair.ora, under the "Contact Us" page.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF JANUARY 22, 2008
The Chairman asked if there were any additions, deletions or corrections to the Minutes of
the Regular Meeting of January 22, 2008. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Minutes of the Regular Meeting of January 22, 2008, as
written and distributed.
7. CONSENT AGENDA
Commissioner Flescher requested Items 71, 7.G., and 7.H. pulled for discussion.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
above changes to the Agenda.
7.A. APPROVAL OF WARRANTS— JANUARY25 — 31,2008
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
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February 12, 2008
time period of January 25, 2008 to January 31, 2008, as
recommended in the memorandum of January 31, 2008.
%B. APPROVAL OFAGREEMENT TO USE THE INDIANRIVER COUNTY
FAIRGROUNDS FOR THE COUNTY FAIR
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Agreement for use of Indian River County Fairgrounds as
presented, and authorized the Chairman to execute the
Agreement, as recommended in the memorandum of
February 5, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.C. NONPROFIT ORGANIZATION ONEZAPPOINTMENT TO THE
ENTERPRISE ZONE DEVELOPMENT AGENCY
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Appointment of Godfrey Gipson (Gifford Progressive
League) for the Nonprofit Organization providing services
in the Enterprise Zone vacancy, as recommended in the
memorandum of February 5, 2008.
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February 12, 2008
7.D. MEMBER AT LARGE APPOINTMENT TO THE ENTERPRISE ZONE
DEVELOPMENT AGENCY
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
appointment of Ardra K. Rigby as the Member at Large
Appointee to the Enterprise Zone Development Agency, as
recommended in the memorandum of February 5, 2008.
The Enterprise Zone Development Agency Member at
Large position is currently vacant.
7.E. APPOINTMENT OFATTORNEYAPPOINTEE TO HISTORIC RESOURCES
ADVISORY COMMITTEE
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
appointment of Ms. Lynne Larkin as the Attorney
Appointee to the Historic Resources Advisory Committee,
as recommended in the memorandum of February 5, 2008.
She replaced Mr. W. E. (Gene) Roddenberry, and her term
will expire in 2010,
7.F. OUT OF COUNTY TRAVEL TO ATTEND THE MPOAC WEEKEND
INSTITUTE FOR ELECTED OFFICIALS
Commissioner Flescher voiced that he had no interest in attending the MPOAC Weekend
Institute for Elected Officials. He felt it warranted, but thought the wording should afford all
County Commissioners the opportunity to attend.
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February 12, 2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
out of county travel for Commissioner Peter O'Bryan to
attend the MPOAC Weekend Institute for Elected Officials,
in Tampa, on Friday, April 25, 2008 at 4:00 p.m. until
Sunday, April 27, 2008, at noon, as recommended in the
memorandum of February 4, 2008.
7.G. MODIFY RESOL UTION 2008-003 ON THE ECONOMIC DEVELOPMENT
COUNCIL
Commissioner Flescher wanted to assign a citizen of Indian River County to serve on the
Workforce Development Board. He surmised that vested interest should be a local citizen as
opposed to a citizen from another jurisdiction. He felt there were enough members in this County
that would like the opportunity to serve on the Board.
Commissioner O'Bryan clarified that of the eighteen (18) positions, they were requesting
one member's residential requirement to be waived since the Treasure Coast Workforce Board is
considered a "Regional Board." He said that the Treasure Coast Workforce Board felt Director
Glenda Thompson's input was important to the Council; therefore, he requested the
recommendation go through as presented.
Discussion ensued as to whether Ms. Thompson could be an ex -officio member. The
Board also expressed concerns over regional perspective, capitalizing and improving economic
development, whether to amend the Resolution, and stipulations as to where the member resides.
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February 12, 2008
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and directed the Legal staff to prepare a modified
Resolution to the membership of the Economic
Development Council for representation from the Work
Force Development Board of the Treasure Coast, as
requested in the memorandum of February 5, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.H. OUT OF COUNTY TRAVEL FOR COMMISSIONERS AND STAFF TO ATTEND
THE 2008 GOVERNOR'S BASEBALL DINNER
Commissioner Flescher did not feel that attendance to this dinner would be an
educational benefit, but rather a tremendous cost to the taxpayer.
Administrator Baird emphasized that this celebration is the Governor's kick-off
of spring training statewide. He felt that Indian River County needs to show involvement, that we
want to be involved in spring training, we want to attract teams, and we want to keep the economy
moving. He thought attendance would be in the County's best interest.
Commissioner Wheeler thought that sending Administrator Baird would be a
networking tool and would benefit the County.
Commissioner O'Bryan concurred with Administrator Baird and Commissioner Wheeler.
He felt that it would impart a negative message by not sending Administrator Baird to represent
our County, especially since we are in the process of negotiating a future team. He thought that
this would be a small investment to make to keep our foot in the door while moving forward.
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February 12, 2008
Chairman Bowden also felt it important to stay involved.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board by a 4-1 vote
(Commissioner Flescher opposed), authorized out of
county travel for all Commissioners and staff to attend the
2008 Governor's Baseball Dinner in St. Petersburg, Florida
on February 26, 2008, as recommended in the
memorandum of February 6, 2008.
7.I. CIVIL ENGINEERING AND LAND SUR VEYINGAGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66TH A VENUE FROM SOUTH OF
SR 60 To 59TH STREET. AMENDMENT NO.3
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Amendment No. 3, as specified and as recommended in the
memorandum of February 5, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7J APPROVAL OF WORK ORDER NO. M2 WITHMALCOLMPIRNIE. INC.
FOR LABORA TORYSUPPORTSERVICES AND REPORTING FOR THE MAIN
RELIEF CANAL POLLUTION CONTROL SYSTEM
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved
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February 12, 2008
Work Order No. M2 with Malcolm Pirnie, Inc., and
authorized the Chairman to execute it on behalf of the
County, as recommended in the memorandum of January
25, 2008.
ATTACHMENT 1 ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.K APPROVAL OF WORK ORDER No. 3 -EM WITHMALCOLMPIRNIE. INC.
FOR ADDITIONAL ENGINEERING SERVICES FOR EGRET MARSH
REGIONAL STORMWA TER PARK FINAL REDESIGN AND CONSTRUCTION
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Work Order No. 3 -EM with Malcolm Pirnie, Inc., and
authorized the Chairman to execute it on behalf of the
County, as recommended in the memorandum of January
30, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
U. MISCELLANEOUSBUDGETAmENDMENT OOG
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution No. 2008-012, amending the fiscal year
2007-2008 budget.
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February 12, 2008
7.M. PROFESSIONAL ENGINEERING SERVICES AGREEMENT. CR 512
CORRIDOR IMPROVEMENTS - IRCPROJECT No. 9611. ADDENDUM
NO. 14 (MASTELLER & MOLER. INC.) - RELEASE OF RETAINA GE
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved
release of retainage and payment of Masteller & Moler,
Inc., Invoice No. 9649ALU-1RET, dated 01/29/08, in the
amount of $485.00, to be funded as specified and as
recommended in the memorandum of January 31, 2008.
7.N. TRAFFIC CONTROL DEVICE LEDGER
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Traffic Control Device Ledger Update, Exhibit "A," as
recommended in the memorandum of January 30, 2008 .
7.0. WORK ORDER No. HH -1; HARDESTY & HANOVER. LLP
ENGINEERING: WABASSO CAUSEWAYEAST AND WEST FISHING PIERS
REPAIR
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved
payment of Invoice No. 2418-2 in the amount of $2,884.81
for the full and final payment of Work Order No. HH -1, to
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February 12, 2008
be funded as specified and as recommended in the
memorandum of January 24, 2008.
%P. CR512 CORRIDOR IMPROVEMENTS — IRC PROJECT NO. 9611,
ADDEND UM NO. 13, REO UEST FOR RELEASE OF RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved
release of retainage and payment of Masteller & Moler,
Inc., Invoice Nos. 9649ALQ-1RET, 9649ALR-1RET,
9649ALS-1RET and 9649ALT-1RET, to be funded as
specified and as recommended in the memorandum of
January 30, 2008.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
9.A. PUBLICHEARINGS
9.A.I. CONTINUED HEARING FROM FEBRUARY 5.2008: REOUEST BYBILLY
L. HITCHCOX FOR A VARIANCE FROM THE REQUIREMENTS OF THE
SUBDIVISION ORDINANCE (CHAPTER 913) FOR A MOBILE HOME
DEVELOPMENTAT 48THA VENUE AND 43RD STREET (OUASI-.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
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February 12, 2008
Planning Director Stan Boling told the Board that this request was a subdivision variance
request, a continued Public Hearing from December 4, 2007, when Mr. Hitchcox wanted more
time to consult with his attorney, and February 5, 2008, when Mr. Hitchcox wanted certain
Building Division and Planning Division staff present at the hearing. He acknowledged that staff
was in attendance.
The Chairman opened the public hearing.
Billy Hitchcox, 4282 48th Avenue, informed the Board that he had received a package
from Director Boling's office that he was not in agreement with. He said the contents did not
match what the County Attorney's office had provided.
Commissioner Wheeler voiced concern over Mr. Hitchcox's situation, but wanted to know
what his objectives were since Legal Counsel had informed him at the last public hearing that
zoning was in place, and that staff did not have the ability to change the use of the property.
County Attorney Collins offered his knowledge pertaining to variance provisions, and
divulged that staff had acknowledged that the criteria had not been satisfied.
Mr. Hitchcox spoke of installing four electric panels, the Health Department signing -off on
the mobile homes, the specifics of the surveyor's certificate, and the various processes he had gone
through after having purchased the property. He also expressed the financial difficulties that he
would incur, should he be required to remove the two mobile homes from the property.
Clerk's Note: The Chairman called a recess at 10:15 a.m. and reconvened at 11:04 with
all members present.
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February 12, 2008
Mr. Hitchcox displayed numerous documents on the overhead projector as he sought to
clarify his situation.
Chairman Bowden asked Mr. Hitchcox if it would be permissible to release staff, and Mr.
Hitchcox stated that he wanted the Board and staff to understand that everything he had done was
according to the rules of Indian River County, and he agreed to let them go.
Commissioner O'Bryan stated that he did not see enough grounds on which to grant a
variance.
Mr. Hitchcox said he had bought the property with the understanding that he would be
able to put six mobile homes on the lot, and that it was something he could afford. He emphasized
that he was not trying to get out of making improvements to his property.
Chairman Bowden asked Mr. Hitchcox if there were any "new" points that he wanted to
clarify to the Board, to which he displayed his mortgage documents and stressed how the bank was
"very much involved" in his situation.
Discussion ensued as the Board questioned Mr. Hitchcox in an attempt to gain clarification
of the variance objective.
Director Boling detailed the history of what occurred in 2006 (memorandum in Backup).
He explained that in 2006, Certificate of Occupancies were then allowed to be issued on the new
mobile homes and that Mr. Hitchcox was allowed to proceed; however, he never removed the two
older mobile homes, which is the subject with the Code Enforcement Application. Today, there
are four mobile homes on the site, two new ones which staff issued Certificate of Occupancies for,
and the two older ones. He said Mr. Hitchcox had initially paid impact fees for one of the mobile
homes, but felt certain that the fee was refunded once staff realized what the situation was in 2006.
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February 12, 2008
Director Boling informed the Board that Mr. Hitchcox had three alternatives: (1) remove the two
illegal mobile homes from the property, (2) apply for a plat approval so he can develop the
property more intensely, or (3) seek the variance (from the Board). He acknowledged that staff
had found the variance unwarranted.
Mr. Hitchcox again referred to his mortgage and explained the requirements of the bank.
He showed the receipt where he paid $4,720.69 for his impact fees, and insisted that he did not
receive the money back. He felt that he had accomplished all the improvements that were required
by Code, except paving the street.
Director Boling reiterated that the impact fees were paid in May of 2006, but were later
reversed. He agreed to meet with Mr. Hitchcox after the meeting to show him the cancelled check.
Attorney Collins confirmed the options that Director Boling had mentioned, and listed the
four requirement conditions that must apply for variance: (1) physical conditions shape
topography of the specific property that causes undue hardship, (2) it will not cause injury to
adjacent property, (3) the conditions are unique and not generally applicable to other property in
the adjacent area, and (4) the variance is consistent with the land development regulations. He
acknowledged that staff did not find that any of the conditions applied; therefore, there was no
basis to grant the variance.
Rhonda Anderson, 4275 48th Avenue, lives directly across the street from Mr. Hitchcox
and did not feel the variance should be allowed. She believed that granting him variance would
decrease her property value.
Wess Coleman, 4885 42nd Street, did not care if Mr. Hitchcox was granted the variance, he
wanted everyone to be treated fairly.
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February 12, 2008
Commissioner O'Bryan said that based upon testimony from staff, he did not favor
granting Mr. Hitchcox a variance. He felt that if Mr. Hitchcox wanted to keep all the units on the
property that he should go through the formal plat process that staff outlined. He concurred with
the residents, whereby if the Board opens this door, they would be required to grant variances to
everyone.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously denied the
requested subdivision variance, as recommended in the
memorandum of February 5, 2008.
Vice Chairman Davis reminded Mr. Hitchcox that the variance would be allowed when he
meets the requirements of paving the roads and putting the infrastructure in, and he explained how
staff was trying to steer him in the right direction.
9.A.2. ADULT COMMUNITY TOTAL SERVICES, INC.'S REOUEST FOR MAJOR
SITE PLANAND SPECIAL EXCEPTIONAPPROVAL TO CONSTRUCT A
TOTAL CARE FACILITY TO BE KNOWNAS INDIANRIVER ESTATES
PHASE III (OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Boling used a PowerPoint presentation to recap the Memorandum of January 12,
2008. He told the Board that this was a special exception use request for additional development
16
February 12, 2008
and additional property being added to the Indian River Estates community. He pointed out that
the ten -acre addition was the subject of this particular request, and that the proposed project would
expand the "total care use," to include skilled nursing beds and different types of residential units.
He detailed the proposed site plan, off-site improvements, landscaping plan, and
recommended approval conditions. He explained the requested change to the recommended
conditions (see page 132.A.1. of Backup), saying that prior to issuing a Certificate of Occupancy
for this project, the applicant would like the ability to not tie-up their Certificate of Occupancy, so
they want to close their entrance until 26th Street is paved.
A brief discussion ensued as to whether a time limit should be included.
The Chairman opened the public hearing.
Bob Johnson, Coral Wind Subdivision, felt it was imperative that 26th Street be paved all
the way to 82nd Street to expedite traffic paralleling SR60.
George Simons, Project Manager for Carter Associates, had no objections to paving 26th
Street, and acknowledged that he was currently working with Public Works Director Jim Davis to
pave all the way to 82nd Street. He voiced concern that should they invest in the project, put the
building up, and then if for some reason the right-of-way would not be timely, they would not want
to be stuck with a building that is ready to receive residents, and not be able to receive the
Certificate of Occupancy.
There were no additional speakers, and the Chairman closed the public hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously found that:
17
February 12, 2008
(1) it is empowered under the provisions of Chapter 971 to
review the special exception applied for; (2) granting of the
special exception would not adversely affect the public
interest; (3) the application satisfies the general and specific
criteria required for special exception approval; and (4) the
site plan design would be adequate to ensure compatibility
between the special exception use and surrounding land
uses. The Board also granted special exception approval
for the proposed total care facility use for the proposed
Indian River Estates Phase III addition, with the following
conditions: (1) Prior to issuance of a C.O. (certificate of
occupancy) for this project, the applicant shall: (a) pave
26th Street from a point 50 feet west of the project's
proposed 26th Street entrance east to the existing 26th Street
end of pavement, or close the Citrus Blossom Avenue
entrance at 26th Street until the paving of 26th Street is
complete; (b) install the required landscape buffers and
opaque features, as shown on the project's landscape plan;
and (c) to issue a bond for security.
9.A.3. CONSIDERATION OF FINAL INTERLOCAL AGREEMENT FOR
COORDINATED PLANNING AND SCHOOL CONCURRENCY (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
18
February 12, 2008
Community Development Director Robert Keating announced that this is the final
Interlocal Agreement for Coordinated Planning and School Concurrency. Even though this was a
required public hearing item, he said that staff wanted public input; therefore, it was advertised as
such.
The Chairman opened the public hearing. There were no speakers, and the Chairman
closed the public hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously adopted
the Interlocal Agreement for Coordinated Planning and
School Concurrency, and authorized the Chairman to
execute same, as recommended in the memorandum of
February 4, 2008.
Vice Chairman Davis thanked staff for allowing Indian River County to be one of the first
in the State to have complied with Senate Bill 360, having pushed to receive grant money, and to
be chosen to be a pilot community.
9.A.4. PUBLIC HEARING TO AMEND SECTION 201.08.H OF THE INDIAN
RIVER COUNTY CODE TO REMOVE THE REOUIREMENT OF INTEREST
PAYMENT ON WATER AND SEWER DEPOSITS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
19
February 12, 2008
Assistant County Attorney Marian Fell recapped the backup memorandum dated January
30, 2008, and clarified that the change will protect the customers because they will no longer be
required to provide their social security numbers, and that it will allow the County to comply with
the new State law regarding the collection of social security numbers.
The Chairman opened the public hearing. There were no speakers, and the Chairman
closed the public hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Ordinance 2008-004, amending Section 201.08.1-1 of the
County's County Water and Sewer Services Ordinance to
remove the requirement to pay interest on water and sewer
deposits; providing for severability; providing for repeal of
other conflicting ordinances; providing for inclusion in the
code of ordinances of Indian River County; providing for
filing with the Department of State; and providing for an
effective date.
9.A.5. PUBLIC HEARING TO ENA CT A RESOL UTION TO AMEND RESOLUTION
99-58 (UTILITIES RATE RESOLUTION) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
20
February 12, 2008
Assistant County Attorney Marian Fell recapped the backup memorandum dated February
4, 2008, and asked the Board to amend the utilities rate resolution by deleting the interest rate of
2.5%, payable on water and sewer deposits.
The Chairman opened the public hearing. There were no speakers, and the Chairman
closed the public hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2008-013, amending Resolution No. 99-58
(Rate Resolution) adopting the Department of Utility
Services schedule of water and sewer rates, fees, and other
charges.
9.B. PUBLIC DISCUSSION ITEMS
9. B. I. REO UEST TO SPEAK FROM FRANK ZORC REGARDING PRESIDENTIAL
PICTURES AVAILABLE FOR DISPLAYINADMINISTRATION BUILDING
Frank Zore, 1695 201h Avenue, informed the Board that over the years he had collected 43
Presidential portraits, all by the same artist. He offered to display the portraits in the
Administration building for whatever period of time they would agree to, at no cost. He said that
he would cover the costs of the frames and framing. Mr. Zorc felt it would be appropriate to use
them this year since it is an election year.
Commissioner O'Bryan thought this to be a good thing and thanked Mr. Zorc, yet voiced
concern over insurance and coverage against theft and fire. He wanted it to be clearly delineated,
and to see them hang until after the Presidential election in November 2008.
21
February 12, 2008
Vice Chairman Davis thought it would be appropriate to obtain a waiver, but did not want
the County to be involved in insurance issues, nor insure the artwork for our walls.
Chairman Bowden suggested establishing a policy regarding artwork since others will
undoubtedly come forward. She thought it would be appropriate for staff to bring back a policy for
the Board to review.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
to display the artwork in the County Administration
building, and directed staff to create a written policy,
including a "hold harmless" or waiver.
Chairman Bowden confirmed that staff would decide where to place the artwork.
Administrator Baird acknowledged that staff would need a couple weeks to develop the policy and
mentioned that the library conference room would also be appropriate for hanging artwork.
9.C. PUBLIC NOTICE ITEMS
9.C.I. NOTICE OF SCHEDULED PUBLIC HEARING ON FEBRUARY 19,2008:
PUBLIC NOTICE OF PUBLIC HEARING FOR AMENDMENT TO
ORDINANCE No. 2003-03 CODIFYING AND PUBLISHING THE
ORDINANCES TO READOPT THE CODE UP TO AND INCL UDING
SUPPLEMENT 65 (LEGISLATIVE)
The Chairman read the notice into the record.
22
February 12, 2008
10. COUNTY ADMINISTRATOR'S MATTERS - NONE
11. DEPARTMENTAL MATTERS
H.A. COMMUNITYDEVELOPMENT - NONE
II.B. EMERGENCYSERVICES - NONE
11. C. GENERAL SERVICES- NONE
II.D. HUMANRESOURCES - NONE
H.E. HUMANSERVICES - NONE
II.F. LEISURE SERVICES - NONE
II. G. OFFICE OF MANAGEMENT AND BUDGET- NONE
II.H. RECREATION - NONE
ILLI. DEVELOPER'S AGREEMENT BETWEENINDIANRIVER COUNTY.
FLORIDA. AND PIONEER BAPTIST CHURCH OF VERO BEACH. INC.
Public Works Director Jim Davis told the Board that this was a right of way acquisition
parcel for a stormwater pond at south Old Dixie Highway near the South Relief Canal bridge. He
23
February 12, 2008
said they plan to replace the bridge and put turn lanes along Old Dixie to facilitate the heavy truck
movement by the Oslo transfer station. He informed the Board that staff had negotiated the right-
of-way acquisition with the Church for $60,630.00.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
$60,630.00 purchase, and authorized the Chairman to
execute the Agreement, as recommended in the
memorandum of February 1, 2008.
. u 1_91LIN IteRsWE i . 1F .11 _ 11.75_. • e 6.MW
I1. J. UTILITIES SERVICES
11.11. AMENDMENT NUMBER 1 To CONTINUING CONSULTING SERVICES
WORK ORDER No. 4 WITH MASTELLER & MOLER. INC. FOR
ENGINEERING SERVICES FOR CONVERSION OF LATERAL G FORCE
MAIN To REUSE MAIN- UCP No. 2830
Capital Projects Manager Mike Hotchkiss reviewed the information in his memorandum
dated January 30, 2008.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Amendment No. 1 to Work Order No. 4 with Masteller and
Moler, Inc., for an additional amount of $77,535.00 for
engineering services, bringing the new total amount for
Work Order No. 4 to $104,165.00, and authorized the
24
February 12, 2008
Chairman to execute the same, as recommended in the
memorandum of January 30, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY MATTERS - NONE
13. COMMISSIONER ITEMS
B.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN- NONE
B.B. COMMISSIONER WESLEYS. DAVIS, VICE CHAIRMAN
13. B.1. DISCUSSION REGARDING ELIMINATION OF RECEPTIONIST POSITION
IN THE BOARD OF COUNTY COMMISSION OFFICE
Vice Chairman Davis wanted to observe the Receptionist position for thirty (30) days to
see if the office could manage without it. He indicated that it was not indicative of the person
currently holding the position, but thought it would save the County money by rotating the Aides
into the position. He emphasized he wanted the position filled, and was concerned whether the
County could afford to do without it, but he felt they owed it to the taxpayer to try.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, by a 3-2 vote (Chairman Bowden
and Commissioner Flescher opposed), the Board approved
to experiment rotating the existing aides for 30 days, to see
if the receptionist position could be eliminated.
25
February 12, 2008
Chairman Bowden wanted to go on record to express that she felt Vice Chairman Davis
was "out of character" and that this situation was "most unusual" because no backup material was
provided, especially since the Board had voted, during the reorganization, to keep this position.
She reminded the Board that they usually do not vote on anything of this consequence without
backup material, and she felt the most appropriate time to have handled this would have been
during budget time.
Commissioner O'Bryan reasoned that the County had been given a mandate by 70% of the
voters, wanting to see the budget cut. He said that Budget Director Jason Brown had provided
numbers and calculated that the $25,000.00 additional exemption would burden the County with
about $5.3 million.
Chairman Bowden asked when they wanted the position eliminated, and what was their
plan. Vice Chairman Davis said he wanted the Office Aides to come up with a plan to make it
work.
Discussion ensued regarding the evaluation process, the Aides' schedules, and the volume
of paperwork that passes through their office.
Joseph Paladin, President of Atlantic Coast Construction Company and Black Swan
Consultant, thought that when the Board voted, they were required to have backup, offer public
input, and that decision making was a "procedure." He did not think eliminating the position
would be a cost savings to taxpayers, and felt it would take away from public services. He asked
Vice Chairman Davis to withdraw his motion until there was public input and discussion.
Human Resources Director Jim Sexton reviewed the recent actions taken by the Board and
acknowledged that they decided to go with an option which provided for a receptionist as well as
an individual Aide for each commissioner.
26
February 12, 2008
Chairman Bowden asked Director Sexton if there were any unusual practices in hiring for
the reception position, to which Director Sexton replied, "No." He acknowledged that there had
been a hiring freeze, and confirmed that every position that becomes vacant goes to the County
Administrator for the decision to fill or not fill. He reviewed the process and noted that nothing
was unusual about the hiring process.
Administrator Baird emphasized that procedures were followed and felt that the position
was warranted.
Chairman Bowden wanted to know when the position would be extinguished. Director
Sexton said that according to the Motion, the position would be eliminated today, for a 30 -day
period of observance. He indicated that he would notify the employee, and suggested the Board
meet at a later date to reevaluate the situation.
13. C COMMISSIONER JOSEPH E. FLESCHER - NONE
13.D. COMMISSIONER PETER D. O'BRYAN-NONE
13.E. COMMISSIONER GARY C. WHEELER —NONE
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCYSERVICES DISTRICT — NONE
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
27
February 12, 2008
x !3P be 2pQ
14. C. ENVIRONMENTAL CONTROL BOARD
14.0:1. REPORT OFACTivinESDURING FOURTH QUARTER (OCTOBER
THROUGHDECEMBER 2007)
The Chairman announced that immediately upon adjournment, the Board would reconvene
as the Board of Commissioners of the Environmental Control Board. Those Minutes are being
prepared separately and appended to this document.
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 12:32 p.m.
ATTEST.:.
CPU km)
Jeffrey K. Barton, Clerk 4454-o"wden', Chairman
Minutes Approved:MAR ' 1 2008
BCC/LAA/2008Minutes
28 N 134 PG 547
February 12, 2008 V