HomeMy WebLinkAbout02/20/2007 (4)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF FEBRUARY 20, 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 OF PROCLAMATION DESIGNATING FEBRUARY 24, 2007 AS
MENTAL HEALTH ASSOCIATION IN INDIAN RIVER COUNTY DAY 2
5.B. PRESENTATION OF PROCLAMATION HONORING CAROL BESANCON ON HER
RETIREMENT FROM INDIAN RIVER COUNTY DEPARTMENT OF UTILITY
SERVICES 2
6. APPROVAL OF MINUTES 2
6.A. ALTERNATIVE WATER SUPPLY MASTER PLAN WORKSHOP 2
6.B. CHARTER GOVERNMENT WORKSHOP 3
7. CONSENT AGENDA 3
7.A. APPROVAL OF WARRANTS - FEBRUARY 2- FEBRUARY 8, 2007 3
February 20, 2007 1
7.B. OUT OF COUNTY TRAVEL ASSOCIATED WITH THE FLORIDA ASSOCIATION OF
COUNTIES 2007 ANNUAL CONFERENCE AND EDUCATIONAL EXPOSITION IN
ORANGE COUNTY, FLORIDA 4
7.C. LAND LEASE AGREEMENT FOR VERIZON WIRELESS STEALTH FLAGPOLE AT
SEA OAKS WASTEWATER TREATMENT PLANT 4
7.D. PROPERTY ACQUISITION- TAX ROLL REMOVAL AND TAX CANCELLATION 5
7.E. RESOLUTION SUPPORTING CONTINUED FUNDING OF FLORIDA FOREVER
PROGRAM 6
7.F. OUT OF COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR 7
7.G. FINAL PAYMENT WORK ORDER No. 5, CARTER ASSOCIATES, INC.,
SUPPLEMENTAL SERVICES No. 1 7
7.H. MIsCELLANEOUSBUDGET AMENDMENT 011 7
7i PROPOSAL BY GEOSYNTEC CONSULTANTS, INC. FOR MONITORING WELL
INSTALLATION AND SEMI-ANNUAL GROUNDWATER MONITORING AT THE
SOUTH COUNTYRO PLANT 8
7.J. AUTHORIZATION FOR RADIO COMMUNICATIONS WORK IN EMERGENCY
OPERATIONS CENTER (EOC) BY COMMUNICATIONS INTERNATIONAL, INC. 8
7.K. PROGRESS REPORT- NEW COUNTY ADMINISTRATION BUILDING AND NEW
EMERGENCY OPERATIONS CENTER 9
7.L. PROGRESS REPORT- NEW COUNTY ADMINISTRATION BUILDING AND NEW
EMERGENCY OPERATIONS CENTER 9
7.M. PERMANENT PART-TIME EMPLOYMENT AGREEMENT WITH PROJECT
ENGINEER CLIFFORD J. SUTHARD, P.E. 10
7.N. REQUEST FOR BOARD APPROVAL OFA WORK PLANMODIFICATION, A BUDGET
AMENDMENT AND CLOSEOUT OF THE COUNTY'S COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) HOUSING REHABILITATION PROJECT 10
7.0. STATE LOBBYIST AGREEMENT RENEWAL 11
7.P. LOCAL AGENCY PROGRAM AGREEMENT FOR THE 12T STREET SIDEWALK
IMPROVEMENTS BETWEEN VERO BEACH ELEMENTARY SCHOOL AND 11TH
AVENUE, INDIAN RIVER COUNTY PROJECT NO. 0216, FM No. 416083-1-58-0111
February 20, 2007 2
7.Q. LOCAL AGENCY PROGRAM AGREEMENT FOR THE 12TH STREET SIDEWALK
IMPROVEMENTS BETWEEN 43RD AVENUE AND 27TH AVENUE, INDIAN RIVER
COUNTY PROJECT NO. 0604, FM No. 416084-1-58-01 12
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 12
9. PUBLIC ITEMS 12
9.A. PUBLIC HEARING 13
9.A.1. PUBLIC HEARING FOR ADOPTION OF AN ORDINANCE ESTABLISHING THE WEST
WABASSO STREET LIGHTING MUNICIPAL SERVICE BENEFIT UNIT
(LEGISLATIVE) 13
9.A.2. SETTLEMENT OF LAWSUIT, NEXTEL SOUTH CORPORATION V. INDIAN RIVER
COUNTY, U.S. DISTRICT COURT, SOUTHERN DISTRICT, CASE NO.
06 -14274 -CIV -GRAHAM (QUASI-JUDICIAL) 14
9.A.3.PUBLIC HEARING - FEBRUARY 20, 2007 TO AMEND CHAPTER 307, OF THE
INDIAN RIVER COUNTY CODE BY CREATING SECTION 307.13 PROHIBITION OF
ALL TERRAIN VEHICLE OPERATION ON UNPAVED ROADWAYS (LEGISLATIVE) 18
9.A.4. REQUEST FOR AUTHORIZATION TO SUBMITA FY 2006/07 GRANT APPLICATION
FOR 49 CH. 53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING
ASSISTANCE (LEGISLATIVE) 21
9.A.5. CONSIDERATION OF THE PURCHASE OF AGRICULTURAL CONSERVATION
EASEMENTS ON SEXTON RANCH UNDER THE COUNTY ENVIRONMENTAL LANDS
PROGRAM (CONTINUED FROM THE JANUARY 16, 2007 BOARD MEETING)
(ADMINISTATIVE) 22
9.B. PUBLIC DISCUSSION ITEMS 28
9.B.1. REQUEST TO SPEAK FROMKEITHD. HEDIN, VICE CHAIR, CODE
ENFORCEMENT BOARD REGARDING APPEAL OF CODE FINE - BOARD
OVERTURNED CODE FINE WITH N. COUNTY STAFF INPUT 28
9.C. PUBLIC NOTICE ITEMS 29
9.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR MARCH 6, 2007 MEETING 29
February 20, 2007 3
9.0 1.A. DOUBLE R&D INC: REQUEST TO CHANGE THE LAND USE DESIGNATION FOR
140.23 ACRES LOCATED WEST OF 86TH AVENUE AND SOUTH OF THE CITY OF
SEBASTIANFROMR, RURAL RESIDENTIAL (UP TO 1 UNIT/ACRE), TOL-1, Low
DENSITY RESIDENTIAL -1 (UP TO 3 UNITS/ACRE), AND TO REZONE THOSE 40.23
ACRES FROM A-1, AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT/5 ACRES), TO
RS -3, SINGLE FAMILY RESIDENTIAL DISTRICT -1 (UP TO 3 UNITS/ACRE).
DOUBLE R&D, OWNER. MBV ENGINEERING, INC., AGENT (LEGISLATIVE) 29
9. C.1.B. COUNTY INITIATED: REQUEST TO CHANGE THE LAND USE DESIGNATION FOR
3,088 ACRES LOCATED SOUTH OF THE CITY OF FELLSMERE IN TOWNSHIP 32
SOUTH, RANGE 37EAST AND PART OF SECTIONS 7, 8, 9, AND 18, TOWNSHIP 32
SOUTH, RANGE 38 EAST FROM C-1, CONSERVATION -1 (ZERO DENSITY), TO
AG -2, AGRICULTURAL -2 (UP TO 1 UNIT/10 ACRES), AND TO REZONE THOSE
3,088 ACRES FROM CON -1, CONSERVATION -1 (ZERO DENSITY), TO A-2,
AGRICULTURAL -2 DISTRICT (UP TO 1 UNIT/10 ACRES). ST. JOHN'S RIVER
WATER MANAGEMENT DISTRICT, OWNER (LEGISLATIVE) 30
9. C.1. C. QUAIL RIDGE OF VERO BEACH, LLC: REQUEST TO AMEND THE
COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT POLICY 5.8.
(LEGISLATIVE) 30
9.C.1.D. COUNTY INITIATED: REQUEST TO CHANGE THE LAND USE DESIGNATION FOR
12.46 ACRES LOCATED 650 FEET NORTH OF 49m STREET AND WEST OF
LATERAL "H" CANAL AND 34.05 ACRES LOCATED 265 FEET NORTH OF 49m
STREET AND EAST OF LATERAL "H" CANAL FROML-2, LOW DENSITY
RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO PUB, PUBLIC. BOARD OF COUNTY
COMMISSIONERS, OWNER (LEGISLATIVE) 30
10. COUNTY ADMINISTRATOR'S MATTERS - NONE 31
11. DEPARTMENTAL MATTERS 31
11.A. COMMUNITY DEVELOPMENT 31
11.A.1. DEMOLITION OF VARIOUS STRUCTURES LOCATED AT 5900 5TH STREET SW 31
11.B. EMERGENCY SERVICES - NONE 34
February 20, 2007 4
11. C. GENERAL SERVICES - NONE 34
11.D. HUMAN RESOURCES - NONE 34
11.E. HUMAN SERVICES -NONE 35
11.F. LEISURE SERVICES -NONE 35
11. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 35
11.H. RECREATION - NONE 35
11.L PUBLIC WORKS 35
11.L1. RIGHT-OF-WAYACQUISITION, 74TH AVENUE SOUTH OF STATE RD. 60 AND
SOUTH OF 12TH STREET, CAPITAL TRUST COMPANY OF DELAWARE, AS TRUSTEE
OF THE IRVIN BASIL KELLER INDIVIDUAL RETIREMENT TRUST U/A/D
OCTOBER 4, 2003 35
11.L2. CR 512, PHASE IH, CR 510 -PROJECT #9611 & 0001, BID NUMBER 2006065,
CHANGE ORDER NO. 7 36
11.J. UTILITIES SERVICES - ADDITION 36
11.J.1. CHANGE ORDER No. 1 TO IRC CONTRACT 2006025 WITH TLC, INC. FOR
MEMBRANE RESTORATION WORK AT THE SOUTHRO PLANT 37
11.J.2. NORTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT, WATER
QUALITY SAMPLING BY CAMP DRESSER & MCKEE, INC. (CDM), AMENDMENT
No. 1 TO WORK ORDER No. 6 38
11.J.3. REHABILITATION OF LIFT STATIONS # 164,167,168 AND THE SOUTH
REGIONAL WASTE WATER TREATMENT FACILITY LIFT STATION #1 -
UCP -2898 38
12. COUNTY ATTORNEY MATTERS - NONE 39
13. COMMISSIONER ITEMS 39
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 39
13.B. COMMISSIONER SANDRA L. BOWDEN. VICE CHAIR - NONE 39
13. C. COMMISSIONER WESLEY S. DAVIS - NONE 39
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 39
13.E. COMMISSIONER PETER D. O'BRYAN - NONE 39
February 20, 2007 5
14. SPECIAL DISTRICTS AND BOARDS 39
14.A. EMERGENCY SERVICES DISTRICT - NONE 39
14.B. SOLID WASTE DISPOSAL DISTRICT 39
14.B.1. APPROVAL OF MINUTES: 40
A. MEETING OF DECEMBER 5, 2006 40
B. MEETING OF DECEMBER 12, 2006 40
C. MEETING OF DECEMBER 19, 2006 40
D. MEETING OF JANUARY 9, 2007 40
14.B.2. SOUTH COUNTY REVERSE OSMOSIS PLANT, GEOSYNTEC
CONSULTANTS, INC., WORK AUTHORIZATION NO. FRO737C 40
14.B.3. ENGINEERING SERVICES FOR DESIGN, PERMITTING AND
CONSTRUCTION FOR THE CLOSURE OF SEGMENT 1 SIDE SLOPE OF THE CLASS I
LANDFILL 40
14.B.4. THREE-YEAR TERM CONTINUATION OF GROUNDWATER MONITORING
AT SOUTH GIFFORD LANDFILL SITE 40
14. C. ENVIRONMENTAL CONTROL BOARD - NONE 40
15. ADJOURNMENT 40
February 20, 2007 6
February 20, 2007
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on
Tuesday, February 20, 2007, at 9:00 a.m. Present were Chairman Gary C. Wheeler, Vice Chair
Sandra L. Bowden, Commissioners Wesley S. Davis, Joseph E. Flescher, and Peter D. O'Bryan.
Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II,
and Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Ray Scent of the Gathering of Devoted Servants Rabbi Michael Birnholz,
delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
William G. Collins II, County Attorney, led the Pledge of Allegiance to the Flag.
February 20, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler requested breaking for lunch at 12:00 Noon and resuming the
meeting at 1:30 p.m. at which time Public Hearing 9.A.5. would be heard.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
above change to the Agenda.
Clerk's Note: Item 11.J. was added later in the meeting, following Item 11.1.2.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING FEBRUARY 24, 2007
AS MENTAL HEALTH ASSOCIATION IN INDIAN RIVER COUNTY DAY
Vice Chair Bowden read and presented the Proclamation to Kristine Sarkauskas
from the Mental Health Department.
5.B. PRESENTATION OF PROCLAMATION HONORING CAROL BESANCON ON
HER RETIREMENT FROM INDIAN RIVER COUNTY DEPARTMENT OF
UTILITY SERVICES
Chairman Wheeler read and presented the Proclamation to Carol Besancon.
6. APPROVAL OF MINUTES
6.A. ALTERNATIVE WATER SUPPLY MASTER PLAN WORKSHOP
February 20, 2007 2
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Alternative Water Supply Master Plan Workshop held on December 6, 2006. There
were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Alternative Water Supply Master Plan
Workshop of December 6, 2006, as written and distributed.
6.B. CHARTER GOVERNMENT WORKSHOP
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Alternative Water Supply Master Plan Workshop held on January 17, 2007. There
were none.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved the
Minutes of the Charter Government Workshop of January
17, 2007, as written and distributed.
7. CONSENT AGENDA
The following items were pulled for discussion:
Vice Chair Bowden requested Item 7.K. be pulled for discussion.
Chairman Wheeler requested Items 7.H. and 7.0. be pulled for discussion.
Commissioner O'Bryan requested Item 7.E. be pulled for discussion.
7.A. APPROVAL OF WARRANTS - FEBRUARY2 - FEBRUARY 8, 2007
February 20, 2007 3
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
February 2-8, 2007.
7.B. OUT OF COUNTY TRAVEL ASSOCIATED WITH THE FLORIDA
ASSOCIATION OF COUNTIES 2007 ANNUAL CONFERENCE AND
EDUCATIONAL EXPOSITION IN ORANGE COUNTY, FLORIDA
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized out of county travel for Commissioners and staff
to attend the Florida Association of Counties (FAC) 2007
Annual Conference held June 12-15, 2007, in Orlando,
Florida, as recommended in the memorandum of February
8, 2007.
7.C. LAND LEASE AGREEMENT FOR VERIZON WIRELESS STEALTH
FLAGPOLE AT SEA OAKS WASTEWATER TREATMENT PLANT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the lease with Verizon Wireless Personal Communications
LP d/b/a Verizon Wireless and authorized the Chairman to
execute the Lease and the Memorandum of Land Lease
February 20, 2007 4
Agreement, as recommended in the memorandum of
February 14, 2007.
LAND LEASE AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.D. PROPERTY ACQUISITION — TAX ROLL REMOVAL AND TAX
CANCELLATION
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously adopted
Resolution No. 2007-009 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — Oslo Road — Dot C Properties).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously adopted
Resolution No. 2007-010 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W 89th Street — CR 510 - Slabvsef).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously adopted
Resolution No. 2007-011 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — 45th Street — N. Gifford Road — Harbor Trade
Centre).
February 20, 2007 5
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously adopted
Resolution No. 2007-012 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(LAAC — Judah, Lloyd and Upton).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously adopted
Resolution No. 2007-013 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(Barber Street — Mercedes Homes).
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously adopted
Resolution No. 2007-014 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes
(R/W — Adams — 66th Ave. (S. of SR -60).
7.E. RESOLUTION SUPPORTING CONTINUED FUNDING OF FLORIDA
FOREVER PROGRAM
Commissioner O'Bryan said that he supported the program and felt that it was
important to urge the State to come up with an extension of the Florida Forever Program or create
a new program to purchase the lands and preserve them for future generations.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously adopted
February 20, 2007 6
Resolution No. 2007-015 supporting additional funding
for Florida Forever and the creation of a successor program.
7.F. OUT OF COUNTY TRAVEL FOR THE COUNTY ADMINISTRATOR
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the County Administrator's request to attend the FGFOA
2007 Annual Conference May 20-23, 2007, in Orlando,
Florida, as requested in the memorandum of September 21,
2006.
7.G. FINAL PAYMENT WORK ORDER No. 5, CARTER ASSOCIATES, INC.,
SUPPLEMENTAL SERVICES No. I
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
payment in the amount of $1,485.00 for final and full
payment for Supplemental No. 1, as recommended in the
memorandum of February 13, 2007.
7.H. MISCELLANEOUS BUDGET AMENDMENT 011
Chairman Wheeler voiced concern over the trees that will be moved from 37th Street
to the Sandridge Golf Club, at a cost of $10,500.00. He thought it would be more cost effective for
the County to purchase the required equipment to move the trees and then be able to use it on
future projects. Administrator Baird advised that more equipment was currently being considered
February 20, 2007 7
due to the increase of projects. He informed the Board that Item No.2 of the Budget Amendment
(copy on file) was no longer required because the Contractor would remove the trees.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Wheeler, the Board unanimously approved,
Resolution No. 2007-016, amending the fiscal year
2006-2007 budget.
7.1. PROPOSAL BY GEOSYNTEC CONSULTANTS, INC. FOR MONITORING
WELL INSTALLATION AND SEMI-ANNUAL GROUNDWATER
MONITORING AT THE SOUTH COUNTY RO PLANT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the SWDD Board to enter into a work authorization with
GeoSyntec Consultants, Inc. in the amount not to exceed
$12,447.00 for monitoring well installation and
semi-annual groundwater monitoring at the South County
RO plant, as recommended in the memorandum of
February 12, 2007.
7.J AUTHORIZATION FOR RADIO COMMUNICATIONS WORK IN EMERGENCY
OPERATIONS CENTER (EOC) BY COMMUNICATIONS INTERNATIONAL,
INC.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
February 20, 2007 8
Communications International, Inc., be designated as the
Sole Source provider for radio communication equipment
enhancements and installations and waive the standard bid
procedures authorizing the County Administrator to
approve the issuance of necessary purchase orders to
Communications International, Inc. as recommended in the
memorandum of February 14, 2007.
7.K. PROGRESS REPORT — NEW COUNTY ADMINISTRATION BUILDING AND
NEW EMERGENCY OPERATIONS CENTER
Vice Chair Bowden requested a move -in date and Administrator Baird confirmed
that it would be June.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously accepted
staff's Progress Report, as recommended in the
memorandum of February 14, 2007.
7.L. PROGRESS REPORT — NEW COUNTY ADMINISTRATION BUILDING AND
NEW EMERGENCY OPERATIONS CENTER
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized the County Administrator to execute Change
Order No. 5, which will result in a decrease to the GMP of
$48,348.00 and an increase to the Owner's Contingency in
February 20, 2007 9
the amount of $2,998.00, as recommended in the
memorandum of February 14, 2007.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.M. PERMANENT PART-TIME EMPLOYMENT AGREEMENT WITH PROJECT
ENGINEER CLIFFORD J. SUTHARD, P.E.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Alternative No. 1 authorizing the Chairman to execute the
Permanent Part -Time Employment Agreement with Project
Engineer Clifford J. Suthard, P.E., for a term of not to
exceed two years at a rate of $45.00/hour, as recommended
in the memorandum of February 14, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.N. REQUEST FOR BOARD APPROVAL OFA WORK PLAN MODIFICATION, A
BUDGET AMENDMENT AND CLOSEOUT OF THE COUNTY'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) HOUSING REHABILITATION
PROJECT
ON MOTION by Vice Chair Bowden , SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the revised project work plan and budget amendment, and
February 20, 2007 10
authorized the Chairman to sign the modification form, as
recommended in the memorandum of February 12, 2007.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.0. STATE LOBBYIST AGREEMENT RENEWAL
Chairman Wheeler wanted to know what State Lobbyist (Ronald L. Book)
accomplished for the County in 2006. Administrator Baird informed the Board that the Lobbyist
helped the County obtain: (1) $2.5 million in beach re -nourishment on Sector 7; (2) $2.5 million
funding for the Emergency Operation Center (EOC); (3) authorization to move forward on SR60;
(4) $2 million for the surface Water Improvement Initiative; and (5) $500,000.00 for the widening
project of SR60 and Royal Palm (which the Governor vetoed).
Commissioner Davis voiced his satisfaction with Mr. Book and the guidance he had
provided in the past.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Professional Services Agreement, and authorized the
Chairman to sign on behalf of the County, as recommended
in the memorandum of January 22, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.P. LOCAL AGENCY PROGRAM AGREEMENT FOR THE 12TH STREET
SIDEWALK IMPROVEMENTS BETWEEN VERO BEACH ELEMENTARY
February 20, 2007 11
SCHOOL AND 11TH A VENUE, INDIAN RIVER COUNTY PROJECT NO.
0216, FM No. 416083-1-58-01
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Resolution No. 2007-017, authorizing execution of a local
agency agreement for the 12th Street sidewalk
improvements, between Vero Beach Elementary School
and 1 1th Avenue, with the State of Florida, Department of
Transportation, and providing for an effective date.
7. Q. LOCAL A GENCY PROGRAM AGREEMENT FOR THE 12TH STREET
SIDEWALK IMPROVEMENTS BETWEEN 43RD A VENUE AND 27TH AVENUE,
INDIAN RIVER COUNTY PROJECT NO. 0604, FM No. 416084-1-58-01
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Resolution No. 2007-018, and authorizing execution of a
local agency agreement for the 12th Street sidewalk
improvements, between 43rd Avenue and 27th Avenue, with
the State of Florida.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS
February 20, 2007 12
9.A. PUBLIC HEARING
9.A. L PUBLIC HEARING FOR ADOPTION OF AN ORDINANCE ESTABLISHING
THE WEST WABASSO STREET LIGHTING MUNICIPAL SERVICE BENEFIT
UNIT (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assistant County Attorney William Debraal informed the Board that this was the
third and final step that the Board needed to take in establishing the West Wabasso Street Lighting
Municipal Service Benefit Unit (MSBU). He requested the Board open the Public Hearing for
comments and approve the Benefit Unit.
Chairman Wheeler opened the Public Hearing. There were no speakers and the
Chairman closed the Public Hearing.
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, the Board unanimously adopted
Ordinance No. 2007-007, creating the West Wabasso Area
Street Lighting Municipal Service Benefit Unit; purpose;
levy of assessment, adoption of budget; disposition of
proceeds from the levy of assessment; and amending
Chapter 200.07 of the Indian River County Code of
Ordinances providing for codification; providing for
severability; and providing for an effective date.
February 20, 2007 13
9.A.2. SETTLEMENT OF LAWSUIT, NEXTEL SOUTH CORPORATION V. INDIAN
RIVER COUNTY, U.S. DISTRICT COURT, SOUTHERN DISTRICT, CASE
No. 06-14274-CIv-GRAHAM (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
The speakers were sworn -in by the Clerk.
County Attorney Collins informed the Board that the tower was the subject of a
public hearing at the September 12, 2006 meeting. The Board voted 3-2 and denied the special
exception for the 100 -foot monopole tower where it was determined that there were more
appropriate locations that were further away from residential areas that would support the tower up
to 150 -feet in height. Nextell then filed suit against the County in Federal Court claiming the
Board's denial violated the Federal Communications Act of 1996, which provides the local
government the authority to approve the location of towers, but a denial has to be in writing,
supported by substantial competent evidence of written record. The Chairman wanted this to be
brought back for the "new" Board to consider.
Michael Burke, Johnson, Anselmo, Murdoch, Burke, Piper, & McDuff, P.A.
represents Indian River County in the suit. He informed the Board that the case is pending in the
Federal District Court and said the case is scheduled for an August 2007 trial. The assigned Judge
has permitted the parties to file dispositive motions and ordered the parties to attempt resolution
before the trial. The proposal to the Board (should approval be granted) is that Nextell would
waive any costs, attorney fees or other relief in the litigation. They also agreed that upon the
issuance of the building permit, the paperwork for the dismissal of the case would be filed. He said
County staff had reviewed the Ordinance and determined that the requirements, regarding the
location, had been satisfied and recommended approval of the application subject to several
conditions which staff had made of record and which Nextel had agreed to comply with.
February 20, 2007 14
Subsequently, he pointed out the litigation process that would take place if there were no
resolutions made between the parties. Mr. Burke indicated that the Judge would not consider
hearing any testimony at the hearing from concerned individuals regarding radio frequency
emissions. It was his recommendation that the Board approve the proposed settlement.
Commissioner O'Bryan asked Mr. Burke if he or his firm specialized in
telecommunication cases and if he had done telecommunication work.
Mr. Burke informed the Board that he had handled Indian River County's earlier
case (before the ordinance that is currently in affect) as well as similar cases for governmental
agencies in Broward County.
The Chairman opened the Public Hearing.
Father John Crowley, Pastor of St. John of the Cross Catholic Church, indicated
that the church property is contiguous with Bob Cook's property, where the pole would be erected.
He voiced concerns over the health affects it would have on his people.
Chairman Wheeler explained that the Board has no jurisdiction over this and
suggested seeking assistance from Congress.
Dr. Cynthia Concilio, retired Director of Nursing at Bellview and Mount Sinai and
Health and Science Consultant for a television station in New York, felt the residents of Indian
River Estates were suffering from numerous ailments because of the electromagnetic emissions
from the nearby tower.
February 20, 2007 15
Bob Cook, owner of the property that is in dispute, wanted the Board to know that
he signed the contract with Nextel many years ago and he said that he cannot break it, even if he
wanted to.
Ray Scent, 1615 71 et Court, Pastor, felt there was nothing that could be done to
change the location of the tower and suggested that those who want to make changes need to go to
their elected officials.
Bob Johnson, Coral Wind Subdivision, suggested Nextell withdraw their contract
with Mr. Cook and relocate the tower to another location. He voiced health concerns and said
there was no requirement for Nextel to have a tower at this location. Mr. Johnson thought Nextell
should provide statistics showing the need for this tower.
Planning Director Stan Boling acknowledged that the required technical
justification for the tower was provided and reviewed by staff.
Chairman Wheeler commented that he would consider sending a synopsis of the
past couple meetings to Representative Weldon and Senators Nelson and Martinez, letting them
know the people's concerns. He explained that this was where concerns need to be addressed
because the Board is powerless.
Fred Mensing, 129th Street, told a story of his son having served seven months in
Iraq operating sophisticated electronic equipment. He said that after returning, his son was tested
for radiation and was told there was none. He favored Nextel increasing the number of towers.
There were no additional speakers, and the Chairman closed the Public Hearing.
February 20, 2007 16
Commissioner Davis expressed that the Board's "hands are tied", acknowledging
that they are limited as to what they can do.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Vice Chair Bowden, the Board authorized
the County's outside Counsel to execute the necessary
settlement documents, as recommended in the
memorandum of February 13, 2007.
Under discussion, Vice Chair Bowden acknowledged that the Board had no option,
financially or legally and thought that sending a synopsis to Representative Weldon and Senators
Nelson and Martinez would be a good idea.
MOTION WAS AMENDED by Commissioner Davis,
SECONDED by Vice Chair Bowden, to direct staff to send
a synopsis of the past couple meetings to Representative
Weldon and Senators Nelson and Martinez.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board authorized the County's
outside Counsel to execute the necessary settlement
documents and directed staff to send a synopsis of the past
couple meetings to Representative Weldon and Senators
Nelson and Martinez.
The Chairman called a recess at 9:56 a.m. and reconvened the meeting at 10:09
a.m. with all members present.
February 20, 2007 17
9.A.3. PUBLIC HEARING — FEBRUARY 20, 2007 TO AMEND CHAPTER 307, OF
THE INDIAN RIVER COUNTY CODE BY CREATING SECTION 307.13
PROHIBITION OF ALL TERRAIN VEHICLE OPERATION ON UNPAVED
ROADWAYS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assistant County Attorney Marian Fell informed the Board that effective October, 1,
2006, the Florida Legislature enacted a Statute that would allow the operation of all -terrain
vehicles (ATV) on certain unpaved roads within counties unless the county opted out of the
provision. The Indian River County Sheriff, on behalf of all law enforcement within the County,
requested the County enact an Ordinance to opt out of the new statutory section.
The Chairman opened the Public Hearing.
Sheriff Roy Raymond explained how the original Ordinance prohibited ATVs on
paved and unpaved roads. He felt there was a place for ATVs but he didn't think it was on the
roadways. For the safety of the community and serenity of the residents, he encouraged the Board
to opt out of the State Statute, as most counties within the State have already done.
Tony McKenna, 683 30th Ave. SW, expressed his concern with ATVs cutting
through his neighborhood at all hours of the night and wanted to thank the County Attorney and
the Sheriff for everything they have done to enforce the laws pertaining to ATVs.
Fred Mensing, 129th Street, felt this needed to come to an end and suggested the
County look at areas where four-wheel, low -speed, vehicles could be permitted. He also wanted
February 20, 2007 18
the Board to look into expanding certain areas so senior citizens could use golf carts or ATVs as
local transportation, not just for sporting.
Gary Comes, 1030 Ruby Avenue, informed the Board that he and his family travel
35 -miles to ride their ATVs because there was no place to ride in the County. He supported riding
ATVs on the outside of the urban service line and he wanted the Board to rethink the issue.
Mark Besancon wanted the County to designate a place for ATV riders to ride.
Tony McKenna, 683 30`h Ave. SW, said that the issue at hand was to deal with the
Statute as it was amended, because he felt it to be "unenforceable". He hoped the Board would
address trying to work out a way for ATVs to operate within the County.
Glen Besancon insisted that the law is enforceable and felt that the individuals
breaking the law should be taken in. He did not think it was fair to hurt the people who were
"doing it right".
Roy Raymond, Sheriff, said he supported what the people were saying and that his
staff did everything they could to work with the "legitimate people". He provided numbers as to
how many calls for service were received (regarding illegal operations) and revealed how many
specialized operations were conducted. He urged the Board to pass the Ordinance to keep ATVs
off the road.
Fred Mensing, 129th Street, reemphasized the requirements for operating slow
speed vehicles.
Don Dappan, Chief of Police, reported that public safety was their main concern.
He believed mixing ATVs with licensed vehicles (automobiles and pick-up trucks) on paved or
February 20, 2007 19
unpaved roads would surely allow for injuries and deaths. He urged the Board to consider the
public's safety.
There were no additional speakers and the Chairman closed the Public Hearing.
Commissioner Flescher thought the County was fortunate to be able to fine-tune, opt
out, and review the needs of the citizens. He supported the adoption of the Ordinance.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner O'Bryan, to adopt Staff's
recommendation.
Commissioner Davis said there was no middle ground pertaining to this issue and
did not feel that "all one way" was the answer. He voiced that an ATV is not a recreation vehicle
for everyone, for some it is considered farm machinery and he thought there needed to be balance.
Commissioner Davis explained that even though he did not particularly like the amended
Ordinance he would support it. He announced that he had started working with Legislatures to
craft something that will work for most people. He believed the law should be in black and white
and he looked forward to the opportunity of input to the modification of the Ordinance as well as
implementing it.
The Chairman CALLED THE QUESTION. The Board
unanimously adopted Ordinance No. 2007-008 amending
Chapter 307 of the Code of Indian River County, Florida,
by creating Section 307.13, all terrain vehicle operation on
unpaved roadways; providing findings; providing for
prohibition on daytime operation of all terrain vehicles on
unpaved roads within Indian River County; providing for
February 20, 2007 20
repeal of other conflicting ordinances; providing for
severability; providing for inclusion in the code of Indian
River County; providing for filing with the Department of
State; and providing for an effective date.
9.A.4. REQUEST FOR AUTHORIZATION TO SUBMIT A FY2006/07 GRANT
APPLICATION FOR 49 CH. 53, SECTION 5397 MASS TRANSIT CAPITAL
AND OPERATING ASSISTANCE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Phillip Matson, Metropolitan Planning Organization (MPO) Staff Director,
explained the benefits of Indian River County being an urbanized area. He said the biggest benefit
fell under operating expenses, which required a 50% non-federal match and capital expenses that
required a 20% non-federal match. He provided the Board with the total proposed budget amounts
and requested the Board provide approval to submit the grant application. Mr. Matson responded
to questions from the Board.
The Chairman opened the Public Hearing. There were no additional speakers and
the Chairman closed the Public Hearing.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution No. 2007-019, authorizing the filing of a FY
2006/07 Grant Application for 49 USC CH. 53, Section
5307 Mass Transit Capital and Operating Assistance.
February 20, 2007 21
9.A.5. CONSIDERATION OF THE PURCHASE OF AGRICULTURAL
CONSERVATION EASEMENTS ON SEXTON RANCH UNDER THE COUNTY
ENVIRONMENTAL LANDS PROGRAM (CONTINUED FROM THE JANUARY
16, 2007 BOARD MEETING) (ADMINISTATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Clerk's Note: This Item was heard at 1: 30 p.m. following Item 14.B.4. and is placed
here for continuity.
Roland M. DeBlois, Chief of Environmental Planning, reminded the Board that this
item was tabled at the January 16, 2007 meeting because the new appraisals had not been received
prior to that meeting. He provided a PowerPoint presentation (copy on file) depicting the location
and acreage of the Sexton Ranch, and summarized the agricultural conservation easements and the
easement restrictions that applied. Chief DeBlois reviewed the appraisals and reported that the
contract had not changed, the purchase price remained at $12 million ($25,970.00 per acre). Chief
DeBlois clarified the new information since the January 16, 2007 meeting: (1) Mr. Sexton had
applied for official historic designation of the structures; (2) he gave attorney clarification that "in
perpetuity" means "forever"; (3) "fee -simple" purchase and "lease back" would jeopardize the
tax-exempt status of bonds; and (4) the County could not transfer development rights acquired
with bond proceeds. He noted the minuses and pluses when comparing easement purchase versus
fee simple purchase. Chief DeBlois acknowledged that the Land Acquisition Advisory Committee
(LAAC) recommended, by a 10-4 vote, to purchase the agricultural conservation easement at the
$12 million negotiated price. He concluded by recommending approval of the option agreement,
authorize staff to amend the agreement to allow a tax-free exchange, authorize staff to amend
language in the easement to account for the historic designation of structures, and to authorize staff
to proceed with due diligence activities and close the purchase.
February 20, 2007 22
Chief DeBlois introduced appraisers George Goodman from George Goodwin
Consulting, Inc. and Craig Clayton from Clayton, Roper and Marshall, who responded to
questions from the Board regarding the appraisals.
There was a brief question and answer period between Commissioner O'Bryan and
Appraisers Goodman and Clayton regarding their appraisal process.
Vice Chair Bowden asked questions of the appraisers regarding easements
purchased by conservation groups and county governments.
Chairman Wheeler wanted clarification as to what the County would be buying and
Mr. Goodman explained that the County would be purchasing 90 -units.
The Chairman opened the Public Hearing.
Joe Collins, Attorney for the Sexton family, introduced the Sexton family and gave
a brief history of the property and the process that brought the Sextons to the present place of
settlement. He emphasized that the Sextons were selling the property for 65% of the appraised
value. Attorney Collins pointed out that this was not a new concept, there were over one million
acres of agricultural properties under easements. He said that buying the Sexton property and
preserving the conservation easements and rights would preserve a part of the County, protect the
wetlands, promote agriculture and the continuation of cattle ranching, provide open space, water
resources, habitat and wild life forever. He concluded by announcing to the Board that this item
comes to them with the recommendation from staff and the Land Acquisition Advisory
Committee.
February 20, 2007 23
Sean Sexton gave a PowerPoint presentation (copy on file) reflecting the history of
the Sexton Family at the Treasure Hammock Ranch.
Bill Becker, Chairman of the Finance Committee for the City of Vero Beach, did
not like the idea of using the funds (which were set aside for purchasing agricultural and
conservation land) for the purchase of the Sexton property. He pointed out that land values had
dropped and thought the money should be used to "buy" the land, not lease it. He felt that the Bond
Referendum intent was the "option" to buy development rights, not the "requirement" to buy them.
There was a brief discussion regarding the qualifications of matching funds and the
possibility of purchasing the property then leasing it back to the Sextons.
Marian Fell, Assistant County Attorney, said that the Bond Council informed her
that purchasing the property, then leasing it back to them so they could continue ranching to obtain
the profits, would jeopardize the tax-exempt status of the bonds. She related that there could not
be a transfer of development rights with bond proceeds and that there could not be a purchase and
fee simple of this land, to be leased back to the Sextons, in order for them to make a living.
Mary Clark remarked that the property was an endangered ranch that needed
immediate protection.
Jens Tripson, 2525 14th Street, thought this was a win-win situation and urged the
Board to vote for it.
George Blythe, 825 90th Avenue, member of the LAAC, wanted to see the Sexton
property in conservation easement but suggested implementing a life estate for four generations,
then after that time it would be returned to the County.
February 20, 2007 24
John Williams, 1535 Smugglers Cove, urged the Board to move forward with what
he considered a bargain.
Toni Robinson, 1111 Indian Mount Trail, wanted the Board to proceed with the
conservation easement.
The Chairman called a recess at 3:02 p.m. and reconvened the meeting at 3:14 p.m.
with all members present.
Louis Schacht, Agricultural Representative of the LAAC, thought this was a
bargain for the county and wanted the Board to buy the development rights and begin a new trend
of preserving the County's agriculture.
Al Suarez, 1240 Olde Doubloon Drive, a cattle farmer, spoke against the purchase
of the Sexton property, saying $12 million dollars was too much money.
Richard Norman, 3395 2nd Street, wanted the Board to support the purchase of the
Sexton property.
Janice Roda, 12396 N. A1A, supported the purchase of the conservation easement.
Bob Adair, Vice Chairman of the Indian River Swell and Water Conservation
District Board and Chairman of the Agriculture Advisory Committee, said both advisory Boards,
in addition to the LAAC, support the purchase of the Sexton property.
Suzon Franzke said her property abuts the Sexton Ranch and she supported the
purchase of the conservation easement.
February 20, 2007 25
Ken Gruidins, 931 Starflower, Executive Director of the Indian River Land Trust,
informed the Board that both he and the Indian River Land Trust, fully supported and encouraged
the Board to purchase the agricultural easement.
Susie Karen, 8500 Indrio Road, Ft. Pierce, urged the Board to recommend a
unanimous approval for the conservation easement.
Joe Paladin, Chairman of the Growth Awareness Committee, gave suggestions for
creative financing and urged the Board to purchase the property.
Assistant County Attorney Fell informed the Board that the County could not
purchase the development rights with bond proceeds then transfer them to another parcel.
Doctor Richard Baker spoke on behalf of Hilary Swain, Executive Director of the
Archibald Station in Highlands County, who could not attend the meeting. He spoke on the
Florida ranchlands and explained the ecosystem services. Ms. Swain and Doctor Baker both
wanted the Board to move forward.
Mr. Ramsey, member of the LAAC, expressed favor that the Sextons should
maintain the property and felt the Board should purchase the property.
Brenda Parvis 6965 49th Street, thought this was an opportunity to keep the ranch
as it has been and supported the purchase of the conservation easement.
Bob Bruce, 12396 N. A1A, wanted the Board to supported the purchase of the
conservation easement.
February 20, 2007 26
Robert Kerins, 8500 Indrio Road, contractor and cattle farmer, requested the Board
support the purchase of the property.
Ruth Stanbridge, 4835 66th Avenue, supported the purchase of the conservation
easements and historical properties and echoed the positive feelings of the Indian River Historical
Society.
Rick Baker urged the Board to be committed to the process and vote yes.
Hilary Kloska, 8512 S.E. Quail Ridge Way, Hobe Sound, wanted the Board to vote
for the Easement.
After the public spoke, the Chairman and each of the Commissioners voiced their
feelings and viewpoints regarding the purchase of the agricultural conservation easements of the
Sexton Ranch.
Joe Collins informed the Board that the ranch is owned by two ownerships: Ranch
Management, Inc, which is made-up of the Sexton Family, and Ralph Sexton, Trustee, with his
own revocable Trust. He speculated that if for some reason it would not be agricultural in fifty to
one hundred years from now, the County would have the right to buy the remaining interest.
Sean Sexton informed the Board that the documents were crafted to protect
agriculture and he felt this should justify a comfort level.
Chris Sexton said the members of Ranch Management, Inc. met with Ralph Sexton
and unanimously agreed that they would accept whatever decision the Board made.
February 20, 2007 27
Ralph Sexton said, "we still have to pay the taxes, you'll get your tax money and
the ranch if we do not pay it."
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Wheeler, the Board by a 4-1 vote (Commissioner
Flescher opposed) approved to exercise the Sexton Ranch
option agreement for purchase of agricultural conservation
easements; authorized staff to amend the Option
Agreement to add language relating to the sellers'
opportunity for a tax free exchange (as reported to the
Board on January 16, 2007); authorized staff to amend
language in the easements to account for historic
designation of structures; delegated authority to the County
Administrator to sign the amendments in coordination with
County Attorney staff; authorized staff to proceed with due
diligence activities; and authorized staff to close the
purchase, as recommended in the memorandum of
February 13, 2007.
9.B. PUBLIC DISCUSSION ITEMS
9.B.1. REQUEST TO SPEAK FROM KEITH D. HEDIN, VICE CHAIR, CODE
ENFORCEMENT BOARD REGARDING APPEAL OF CODE FINE — BOARD
OVERTURNED CODE FINE WITH N. COUNTY STAFF INPUT
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Keith Hedin, Vice Chair of Code Enforcement, spoke to the Board regarding their
action taken from a prior meeting. He said a member of the public had gone before them wanting
February 20, 2007 28
to appeal a fine that was imposed upon him. Mr. Hedin expressed disappointment because the
Board had not received input from staff on the matter. He acknowledged that the Board overturned
the decision because the information regarding the person's case was not heard. His concern was
that precedence was set, allowing this to happen again.
Administrator Baird announced that the miscommunication was his fault. He
apologized, then explained that Mr. DeBlois gave him the information pertaining to the case but
because the meeting moved so quickly he did not have a chance to communicate the information to
the Board. He said that it was brought up after the meeting and staff was equally upset that he had
not address it earlier.
Mr. Hedin accepted his apology and voiced concern that this would not set
precedence for the future, which would undo the hard work that his Board accomplished.
9.C. PUBLIC NOTICE ITEMS
9.C. I. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR MARCH 6, 2007
MEETING
9. C I.A. DOUBLE R&D INC: REQUEST TO CHANGE THE LAND USE
DESIGNATION FOR ±40.23 ACRES LOCATED WEST OF 86TH AVENUE AND
SOUTH OF THE CITY OF SEBASTIAN FROM R, RURAL RESIDENTIAL (UP
TO 1 UNIT/ACRE), TO L-1, LOW DENSITY RESIDENTIAL -I (UP TO 3
UNITS/ACRE), AND TO REZONE THOSE 40.23 ACRES FROMA-I,
AGRICULTURAL -I DISTRICT (UP TO 1 UNIT/5 ACRES), TO RS -3, SINGLE
FAMILY RESIDENTIAL DISTRICT -I (UP TO 3 UNITS/ACRE). DOUBLE
R&D, OWNER. MBV ENGINEERING, INC., AGENT (LEGISLATIVE)
February 20, 2007 29
9. C I.B. COUNTY INITIATED: REQUEST TO CHANGE THE LAND USE
DESIGNATION FOR 3,088 ACRES LOCATED SOUTH OF THE CITY OF
FELLSMERE IN TOWNSHIP 32 SOUTH, RANGE 37 EAST AND PART OF
SECTIONS 7, 8, 9, AND 18, TOWNSHIP 32 SOUTH, RANGE 38 EAST FROM
C-1, CONSERVATION -1 (ZERO DENSITY), TO AG -2, AGRICULTURAL -2
(UP TO 1 UNIT/19 ACRES), AND TO REZONE THOSE 3,088 ACRES FROM
CON -1, CONSERVATION -1 (ZERO DENSITY), TO A-2, AGRICULTURAL -2
DISTRICT (UP TO 1 UNIT/10 ACRES). ST. JOHN'S RIVER WATER
MANAGEMENT DISTRICT, OWNER (LEGISLATIVE)
9. C 1. C QUAIL RIDGE OF VERO BEACH, LLC: REQUEST TO AMEND THE
COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT POLICY 5.8.
(LEGISLATIVE)
9. C 1.D. COUNTY INITIATED: REQUEST TO CHANGE THE LAND USE
DESIGNATION FOR 12.46 ACRES LOCATED 650 FEET NORTH OF 49TH
STREET AND WEST OF LATERAL "H" CANAL AND 34.05 ACRES
LOCATED 265 FEET NORTH OF 49111 STREET AND EAST OF LATERAL
"H" CANAL FROML-2, LOW DENSITY RESIDENTIAL -2 (UP TO 6
UNITS/ACRE), TO PUB, PUBLIC. BOARD OF COUNTY COMMISSIONERS,
OWNER (LEGISLATIVE)
The Chairman read the notices into the record.
February 20, 2007 30
10. COUNTY ADMINISTRATOR'S MATTERS - NONE
11. DEPARTMENTAL MATTERS
11.A. COMMUNITY DEVELOPMENT
11.A. 1. DEMOLITION OF VARIOUS STRUCTURES LOCATED AT 5900 5TH STREET
SW
Bob Keating, Community Development Director, reminded the Board that the
property (owned by Glenn Legwen) had been brought to them in September for demolition but the
Board had requested giving the property owner more time to demolish the structures or make the
necessary renovations to bring them up to code. Director Keating informed the Board that staff
had been monitoring the property and that Mr. Legwen had not received permits to make the
necessary improvements to the structures; even though he had cleaned -up the property, the
structures are still in a condition that warrants removal. He said that Mr. Legwen posted "no
trespassing" signs on his property, therefore staff had been directed not to enter. Since the signs
were posed, the County will require a court order to demolish the buildings. Director Keating
recommended the Board authorize demolition.
The Chairman called a recess at10: 58 a.m. and reconvened the meeting at 11:05
a.m. with all members present.
Buddy Akins, Building Division, used a PowerPoint (copy on file) to depict the
poor condition of the property and structures. He recommended the Board continue with the
condemnation and demolition of the structures.
February 20, 2007 31
Glenn Legwen, 5900 5th St. SW, owner of the property, expressed concern over the
possible demolition of his buildings. He informed the Board that he was trying to get the buildings
into shape so he could reopen the nursery but he felt the County was harassing him. Mr. Legwen
wanted the Board to know that he never received the paperwork that the County had sent him,
therefore he could not respond nor appeal. He said when he finally was notified; he spoke with an
engineering company that informed him that a permit for agricultural property was not required.
He did not feel that he received an accurate answer when he spoke with Mr. Akins. He informed
the Board that he never received a demolition order stating which buildings would be demolished.
He found it unorthodox that even with the "no trespassing" signs, people were entering his
property without his knowledge. Mr. Legwen thought the decision to demolish or retain the
buildings should be his. He wanted the Board to give him consideration because of the efforts he
had made.
There was a lengthy question and answer period so the Board could learn more
about what had transpired, which buildings were repaired or still needed building permits and
which ones were scheduled for demolition.
Mr. Akins highlighted portions of the correspondence that Mr. Legwen's engineer
had provided. The Engineer disclosed that the 12 x 50 foot building must meet the structural
requirements of the 2006 Amendments of the 2004 Florida building code; the same held true for
the shade cloth -covered wood frame structure for growing plants, as long as the public would not
be permitted entry. The engineer also stated that because of the agriculture zoning, structures
which are used primarily for agriculture, do not require a building permit. Mr. Akins announced
that the information was not correct, and felt the only exemptions from building permits and
building codes would be "farm buildings on farm property".
Discussion ensued regarding repairs, improvements and how much money would be
required to repair the buildings and bring them up to the required codes.
February 20, 2007 32
County Attorney Collins briefed the Board that Mr. Legwen would not be exempt
from requiring a permit.
Mr. Akins reminded the Board that the problem with staff issuing the permit is
whether the structure could even be brought into compliance with the building code requirements.
Chairman Wheeler showed concern about Mr. Legwen's situation and informed the
Board that he did not want anyone put out of business because of a natural disaster or the lack of
resources to do it as fast as a large business would.
Commissioner Davis commented that Code Enforcement had reviewed this, they
recommended the structures be demolished, bids for demolishment were obtained, and out of
integrity for the system he did not see closure to the situation. He wanted to know if and when Mr.
Legwen would be in compliance. Mr. Legwen responded that he was making every effort to
achieve compliance.
Discussion ensued as to whether Mr. Legwen would require a building permit, if he
would be able to obtain one, and what the property would be used for.
Chairman Wheeler wanted to table the decision until March. Commissioner Davis
told Mr. Legwen that he needed to decide if he was going to open his business to the public, and if
so, he would need to comply with the Building Codes.
Commissioner Flescher asked Mr. Legwen if he had applied for or received
financial assistance and he replied that after the storm he went to SBA and FEMA to request
financial assistance but they informed him that because the property was agriculturally zoned, he
February 20, 2007 33
was not able to receive assistance. He informed the Board that he did not have insurance on his
buildings before the storm.
The Board asked Mr. Akins if there was anything else that they could do for Mr.
Legwen, other than move forward with demolition, and he said there was not.
Chairman Wheeler asked Mr. Legwen if he could return to the Board on March 6th
with a firm plan and he said he would.
Commissioner O'Bryan pointed out that since the engineer had said it would take
three weeks to complete the drawings that the Board should wait until March 20 to meet with Mr.
Legwen. He indicated that upon returning to the Board Mr. Legwen should provide a structural
design from his engineer, a schedule of completion, and financial documentation showing he could
proceed with the design and plan.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously tabled this
item until March 20, 2007, when Mr. Legwen will provide
a structural design from his engineer, a schedule of
completion and financial documentation showing he can
proceed with the design and plan.
11.B. EMERGENCY SERVICES - NONE
11. C. GENERAL SERVICES - NONE
11.D. HUMAN RESOURCES - NONE
February 20, 2007 34
11.E. HUMAN SERVICES -NONE
11.F. LEISURE SERVICES - NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION- NONE
11.I. PUBLIC WORKS
11.1.1. RIGHT-OF-WAY ACQUISITION, 74111AVENUESOUTH OF STATE RD. 60
AND SOUTH OF 12TH STREET, CAPITAL TRUST COMPANY OF
DELAWARE, AS TRUSTEE OF THE IRVIN BASIL KELLER INDIVIDUAL
RETIREMENT TRUST U/A/D OCTOBER 4, 2003
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Alternative No.1 (the $108,702.00 Purchase agreement),
authorized the Chairman to execute the Agreement to
Purchase and Sell Real Estate with The Capital Trust
Company of Delaware, as Trustee of the Irvin Basil Keller
Individual Retirement Trust u/a/d October 4, 2003, as
recommended in the memorandum of February 9, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
February 20, 2007 35
11.1.2. CR 512, PHASE III, CR 510 - PROJECT #9611 & 0001, BID NUMBER
2006065, CHANGE ORDER No. 7
Commissioner Davis asked for location clarification of the pond landscaping
improvements.
Jim Davis, Public Works Director, verified the projects and their locations.
Chris Kafer, County Engineer, informed the Board that landscaping was not
included in the Change Order because the plans were being redesigned. He acknowledged that the
plans would be introduced to the Board at a later time.
Commissioner O'Bryan asked Director Kafer to contact the local environmental
groups so they could review the proposed changes and he agreed to do so.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously approved
Change Order #7, increasing the contract amount by
$31,506.00. The new contract amount will now be
$13,909,645.50, as recommended in the memorandum of
February 13, 2007.
11. J UTILITIES SERVICES - ADDITION
Update from staff regarding Grand Harbor Easement from Spoonbill Marsh Project.
Clerk's Note: This was an added item to the agenda.
February 20, 2007 36
Erik Olson, Utilities Director, reminded the Board that two weeks ago staff
presented to the Board an additional 7.89 acres from Grand Harbor Easement for the Spoonbill
Marsh project at which time the Board approved the project subject to final signature by Grand
Harbor. He said staff had received the signed easement agreements and were ready to finalize the
project.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously
acknowledged the update of staff having received the
signed Easement Agreements.
11.J.1. CHANGE ORDER NO. I TO IRC CONTRACT 2006025 WITH TLC, INC.
FOR MEMBRANE RESTORATION WORK AT THE SOUTH RO PLANT
Chairman Wheeler read the notice into the record.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chair Bowden, the Board unanimously (a.) approved
Change Order No. 1 to IRC Contract 2006025 with TLC
Diversified, Inc. in the amount not to exceed $596,469.00
to provide construction services for the Membrane
Restoration Work at the South RO Plant; (b.) authorized the
Chairman to execute Approve Change Order No.1 to IRC
Contract 2006025; and (c.) authorized the Purchasing
Manager to direct purchase a maximum of 1,152
membranes at a cost of $525.00/membrane from
February 20, 2007 37
DOW/FilmTec in the total amount of $604,800.00, as
recommended in the memorandum of February 12, 2007.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11.J.2. NORTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT,
WATER QUALITY SAMPLING BY CAMP DRESSER & MCKEE, INC.
(CDM), AMENDMENT NO. 1 TO WORK ORDER No. 6
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Addendum No. 1, to Work Order No. 6 to CDM Inc. in the
amount of $46,510.00 — Not to Exceed, for Professional
Services related to Water Quality Sampling; and authorized
the Chairman to execute Addendum No.1 to Work Order
No. 6, as recommended in the memorandum of January 26,
2007.
AMENDMENT ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
11..1.3. REHABILITATION OF LIFT STATIONS # 164, 167, 168 AND THE SOUTH
REGIONAL WASTE WATER TREATMENT FACILITY LIFT STATION #I -
UCP -2898
ON MOTION by Vice Chair Bowden, SECONDED by
Chairman Wheeler, the Board unanimously approved the
solicitation of bids for the Rehabilitation of Lift Stations 1,
February 20, 2007 38
164, 167 and 168, as recommended in the memorandum of
January 12, 2007.
12. COUNTY ATTORNEY MATTERS - NONE
13. COMMISSIONER ITEMS
13.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
13.B. COMMISSIONER SANDRA L. BoWDEN. VICE CHAIR - NONE
13. C. COMMISSIONER WESLEY S. DAVIS - NONE
13.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
13.E. COMMISSIONER PETER D. O'BRYAN - NONE
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICES DISTRICT — NONE
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, 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.
February 20, 2007 39
14.B.1. APPROVAL OF MINUTES:
A. MEETING OF DECEMBER 5, 2006
B. MEETING OF DECEMBER 12, 2006
C. MEETING OF DECEMBER 19, 2006
D. MEETING OF .JANUARY 9, 2007
14.B.2. SOUTH COUNTY REVERSE OSMOSIS PLANT, GEOSYNTEC
CONSULTANTS, INC., WORK AUTHORIZATION No. FRO737C
14.B.3. ENGINEERING SERVICES FOR DESIGN, PERMITTING AND
CONSTRUCTION FOR THE CLOSURE OF SEGMENT 1 SIDE SLOPE OF THE
CLASS I LANDFILL
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14.B.4. THREE-YEAR TERM CONTINUATION OF GROUNDWATER MONITORING
AT SOUTH GIFFORD LANDFILL SITE
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. C ENVIRONMENTAL CONTROL BOARD - NONE
Clerk's Note: The Chairman called for a recess at11: 56 a.m. and reconvened the
meeting at 1:30 p.m. with all members present, to hear Item No. 9.A.5.
15. ADJOURNMENT
February 20, 2007 40
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 4:48 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/LAA/2007Minutes
February 20, 2007 41