HomeMy WebLinkAbout03/11/2008 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MARCH 11, 2008
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
S.A. PRESENTATIONBYMR. RYANMORRELL, CIVATERRA, INC. ON GEOGRAPHIC
TOOLS FOR LAND USE PLANNING
....2
5.B. PRESENTATIONBYSENIORRESOURCESASSOCIATIONONGo LINE GOLINE........... 2
6. APPROVAL OF MINUTES.........................................................................3
6.A. REGULAR MEETING OF FEBRUARY 12, 2008...............................................................3
6.B. REGULAR MEETING OF FEBRUARY I9, 2008...............................................................3
7. CONSENT AGENDA.....................................................................................4
7.A. APPROVAL OF WARRANTS - FEBRUARY22 - FEBRUARY28, 2008 ..............................4
7.B. RESOLUTION OPPOSING SENATE BILL 2406 LIMESTONE MINING ............................. 4
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March 11, 2008
7.0 WORK ORDER NO. 7, (ENGINEERING/SURVEYING CARTER ASSOCIATES, ING,
PROPOSED 26THSTREETBETWEEN 74THA VENUE AND 82ND AVENUE
DRAINAGE DESIGNAND EASEMENT, COOKPROPERTY............................................... S
7.D. WORK ORDER NO. S (ENGINEERING/SURVEYING) KIMLEY-HORNAND
ASSOCIATES, INC., SR60 & 58THA VENUE INTERSECTION IMPROVEMENTS AND
RIGHT-OF-WAYPROJECT............................................................................................. S
7.E. FELLSMERE SIDEWALKPHASE II, IRCPROJECT #0382, BID NUMBER
2006087, CHANGE ORDER NO.2 AND RELEASE OFRETAINAGE FOR L.H.
TANNER CONSTRUCTION CORPORATION..................................................................... 6
7.F. BRUCE L. AND NANCY G. STAMILE, 4150 OSLO ROAD, OSLO ROAD
IMPROVEMENTS PHASE H............................................................................................ 6
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES-NONE.........................................................................................6
9. PUBLIC ITEMS..............................................................................................6
9.A. PUBLICHEARING......................................................................................................7
9.A.1. BOARD OF COUNTY COMMISSIONAGENDA: INFORMATIONAL ITEMS
(LEGISLATIVE
.... 7
9.B. PUBLIC DISCUSSION ITEMS...................................................................9
9.B. L REQUEST TO SPEAK FROM JOSEPH PALADIN, GROWTHAWARENESS
COMMITTEE, REGARDING UPDATE ONSTATUS OF GROWTHAWARENESS
COMMITTEE.... .... ........ ................ .... .... ........ ................ .... .... ........ ................ .... .... ........ ... 9
9.8.2. REQUEST TO SPEAK FROM JOSEPH PALADIN, GROWTH AWARENESS
COMMITTEE, REGARDING WALL THAT SURROUNDS MICHAELS CREEK
SUBDIVISION...............................................................................................................10
9.C. PUBLIC NOTICE ITEMS..........................................................................11
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March 11, 2008
9. C.I. NOTICE of SCHEDULED PUBLIC HEARING FOR MARCH 18,2008: NOTICE OF
TAxEQUITYAND FISCAL RESPoNSIBILITYACT (TEFRA) HEARING To
APPROVE THEISSUANCE oFPROPOSED PALMBEACH, FLORIDA, VARIABLE
RATE DEMAND REVENUE BONDS (THE CHILDREN'S HOME SOCIETY OF
FLORIDA PROJECT) INANAGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$17,000,000 (INDL4NRIVER COUNTYNEWMONEY$2.1 MILLION;
REFINANCING $2.2 MILLION) (LEGISLATIVE)...........................................................11
9. C. 2. NOTICE OF SCHEDULED PUBLIC HEARING FOR MARCH 18, 2008: THE
CHURCH OF JESUS CHRIST OF LATTER DAYSAINTS' REQUEST FOR SPECIAL
EXCEPTION USE APPROVAL TO EXPAND ANEXISTING CHURCH LOCATED AT
386612TH STREET (QUASI JUDICIAL).......................................................................11
9. C 3. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR APRIL 8, 2008: ............................. 11
A. KGP,LLC'S: REQUEST TO REZONE f 1.57ACRES LOCATED APPROXIMATELY
580 FEET WEST OF U.S. I AND APPROXIMATELY 130 FEET SOUTH OF 13TH
LANE FROM IG, GENERAL INDUSTRIAL DISTRICT, TO CG, GENERAL
COMMERCIAL DISTRICT. KGP, LLC., OWNER KIMLEY-HORN INC., AGENT
(QUASI JUDICL4L).......................................................................................................11
B. ETAYEM, LLC'S: REQUEST TO REZONE f 1.23 ACRES LOCATED AT THE
NORTHWEST QUADRANT OF 27THAVENUE S W AND 2$THSTREET S W FROM
CN, NEIGHBORHOOD COMMERCIAL, TO CL, LIMITED COMMERCIAL DISTRICT.
ETA YEM, LLC OWNER. SCHULKE, BITTLE & STODDARD, LLC., AGENT (QUASI
JUDICIAL)....................................................................................................................12
10. COUNTY ADMINISTRATOR'S MATTERS.........................................12
1 O.A. REQUEST FOR EXECUTIVE SESSION- MARCH 11, 2008 ............................................12
11. DEPARTMENTAL MATTERS.................................................................12
H.A. COMMUNITYDEVELOPMENT-NONE...........................................................................12
II.R EMERGENCYSERVICES--NONE...................................................................................12
11.C. GENERAL SERVICES-NONE.........................................................................................13
II.D. HUMANRESOURCES-NONE........................................................................................13
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March 11, 2008
H.E. HUMANSERVICES-NONE............................................................................................13
I LE LEISURE SERVICES-NONE..........................................................................................13
I L G. OFFICE OF MANAGEMENT AND B UDGET-NONE.......................................................13
ILKRECREATION-NONE....................................................................................................13
ILL PUBLIC WORKS-NONE................................................................................................13
1L.J UTILITIES SERVICES...................................................................................................13
11.11. GRAND HARBOR SPOONBILL MARSH- ARCHAEOLOGICAL SURVEY.......................13
12. COUNTY ATTORNEY MATTERS.........................................................14
12.A. THE SOURCE...............................................................................................................14
I2.B. ANNUAL EMPLOYMENT CONTRACT............................................................................17
13. COMMISSIONER ITEMS.........................................................................19
13.A. COMMISSIONER SANDRA L. BowDEN, CHAIRMAN...................................................19
13.A. I. LAPoRL LAPORTE CLAIMS BILL............................................................................19
13.A.2. OSLO BOAT RAMP UPDATE......................................................................................21
13.B. COMMISSIONER WESLEYS, DA VIS, VICE CHAIRMAN-NONE...................................22
13. C COMMISSIONER .JOSEPH E. FLESCHER-NONE..........................................................22
13.D. COMMISSIONER PETER D. O'BRYAN-NONE...............................................................22
13.E. COMMISSIONER GARY C. WHEELER..........................................................................23
13.E. L DISCUSS DECISION ONREQUEST TO HAVE A PROCESS FOR REGISTERING AS A
LoBBYIsT..................................................................................................................... 23
14. SPECIAL DISTRICTS AND BOARDS....................................................26
14.A. EMERGENCY SERVICESDISTRICT-NONE..................................................................26
14.B. SOLID WASTE DISPOSAL DISTRICT-NONE.................................................................26
14. C. ENVIRONMENTAL CONTROL BOARD-NONE...............................................................26
15. ADJOURNMENT.........................................................................................26
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March 11, 2008
March 11, 2008
March 11, 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 St., Vero Beach, Florida, on
Tuesday, March 11, 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 Maureen Gelfo.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
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March 11, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATIONBYMR. RYANMORRELL. CIVATERRA. INC. ON
GEOGRAPHIC TOOLS FOR LAND USE PLANNING
Ryan Morrell used a PowerPoint presentation (copy on file) to explain how
Geographic Information Systems (GIS) works, and to discuss how it may be used as a planning
tool to create a community of lasting value. He gave an overview of the GIS technology and
talked about its practical applications.
For informational purposes, Mr. Morrell informed the Board that a conference on
mining impacts to the human and natural environment would be held on March 15, 2008 in
Punta Gorda, Florida. He then invited questions from the Board.
Commissioner O'Bryan thanked Mr. Morrell and acknowledged that the GIS
system could be a very useful tool.
S.B. PRESENTATION BYSENIOR RESOURCES ASSOCIATION ON GeLE
GoLINE
Karen Deigl, Senior Resources Association, presented a plaque to the Board in
acknowledgement of their continued support of the public transit system, including the renaming
of the bus line to GoLine. Mrs. Deigl talked about the improvements which have been made to
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March 11, 2008
the system, and reported that ridership in 2007 showed a 23% increase over the previous year.
She informed everyone that the GoLine buses were for everyone; gave a brief rundown on the
schedules; and directed citizens to the website at GoLineIRT.com for further information.
Commissioner Flescher commended Ms. Deigl on the facelift of the GoLine
Transit System.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF FEBRUARY 12.2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of February 12, 2008. There were none.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Minutes of the Regular Meeting of February
12, 2008, as written.
6.B. REGULAR MEETING OF FEBRUARY 19.2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of February 19, 2008. There were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of February 19, 2008,
as written.
March 11, 2008
3
7. CONSENT AGENDA
7.A. APPROVAL OF WARRANTS -FEBRUARY 22 - FEBRUARY 28.2008
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of February 22, 2008 to February 28,
2008, as requested in the memorandum dated February 28,
2008.
7.B. RESOLUTION OPPOSING SENATE BILL 2406 LIMESTONE MINING
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2008-033, in opposition of Senate Bill 2406
prohibiting local regulation of limestone and lime rock
mining.
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March 11, 2008
7.C, WORK ORDER NO. 7. (ENGINEERING/SURVEYING) CARTER
ASSOCIATES. INC.. PROPOSED 26TH STREET BETWEEN 74THAVENUE
AND 82ND AVENUE DRAINAGE DESIGN AND EASEMENT, COOK
PROPERTY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Work Order No. 7 with Carter Associates, Inc.,
authorizing Project No. 0809, as outlined in the Scope of
Services, and authorized Chairman to execute same, as
recommended in the memorandum of February 28, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.D. WORK ORDER NO. 5 (ENGINEERING/SURVEYING) KIMLEY-HORNAND
ASSOCIATES. INC., SR60 & 58THAVENUE INTERSECTION
IMPROVEMENTS AND RIGHT-OF-WAYPROJECT
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Work Order No. 5 with Kimley-Horn and
Associates, Inc., authorizing Project No. 0749, as outlined
in the Scope of Services, and authorized the Chairman to
execute same, as recommended in the memorandum of
March 3, 2008.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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March 11, 2008
7.E. FELLSMERE SIDEWALK PHASE II. IRC PROJECT #0382, BID NUMBER
2006087, CHANGE ORDER NO.2 AND RELEASE OF RETAINAGE FOR
L.H. TANNER CONSTRUCTION CORPORATION
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Change Order No. 2 with L.H. Tanner
Construction Corporation, and final payment of
Contractor's Application in the amount of $63,489.84,
with funding as specified, and as recommended in the
memorandum of March 3, 2008.
7.F. BRUCE L. AND NANCY G. STAHILE, 4150 OsLo ROAD, Oslo ROAD
IMPROVEMENTS PHASE II
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Alternative No. 1, the $68,628.00 purchase, and
authorized the Chairman to execute the Agreement, as
recommended in the memorandum of March 3, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
9. PUBLIC ITEMS
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March 11, 2008
9.A. PUBLICHEARING
9.A.1. BOARD OF COUNTY COMMISSIONAGENDA: INFORMATIONAL ITEMS
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney William Collins, through a review of the memorandum dated
February 25, 2008, brought the Board up-to-date on this item, which had been discussed at the
December 4, 2007 Board of County Commissioners meeting. Attorney Collins asked the Board
to adopt the proposed Ordinance which would add to the Commission Agenda "Informational
Items Not Requiring Board Action" becoming the new Item 7.
The Chairman opened the public hearing.
Bob Johnson, Coral Wind Subdivision, referenced a past meeting at which an
item was proposed by a Commissioner and then voted on at the same meeting. He wanted the
Board to include wording on the Ordinance so that items brought up at one meeting could be
voted on at the next meeting, unless it is an emergency item.
Joseph Paladin, Black Swan Consulting, agreed with Mr. Johnson. He felt that if
a Commissioner brings something up which is not on the Agenda, at least one week should ensue
before action is taken on that item.
Vice Chairman Davis pointed out that what Mr. Johnson and Mr. Paladin were
referring to was a different issue.
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March 11, 2008
There were no additional speakers and the Chairman closed the public hearing.
Commissioner O'Bryan clarified that the proposed Ordinance deals with items that
are strictly informational, and not requiring any type of Board action.
Commissioner Wheeler provided background regarding the origin of this item. A
brief discussion ensued between Commissioner Wheeler and Vice Chairman Davis regarding
what would be an example of an "information only" item. Commissioner Wheeler felt it was
unnecessary to set something special on the agenda for "information only" items.
Chairman Bowden supported adding the "informational items", stating that it was
a convenient way to list important dates, and to keep the public informed.
The Commissioners continued to discuss what types of items might be put on the
"information only" portion of the agenda, such as Annual Reports which are submitted to the
County, but do not require action.
items.
Commissioner Flescher supported having a separate area for the informational
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Bowden, for discussion, to add
a new section to the Agenda for informational items not
requiring Board action.
It was determined that items placed on the Agenda for "information only" would
still be open for public discussion.
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March 11, 2008
The Chairman CALLED THE QUESTION and the
Motion carried 4-1 (Commissioner Wheeler opposed).
The Board adopted Ordinance 2008-006, amending
Indian River County Code Section 102.04 "Order of
Business" to add "Informational Items from Staff or
Commissioners not requiring Board action"; providing for
codification; providing for severability; and providing for
an effective date.
9.B. PUBLIC DISCUSSION ITEMS
9.B.1. REOUEST TO SPEAK FROM JOSEPH PALADIN. GROWTHA WARENESS
COMMITTEE. REGARDING UPDATE ONSTATUS OF GROWTH
A WARENESS COMMITTEE
Joseph Paladin, Chairman, Growth Awareness Committee, reviewed the history
and goals of the Growth Awareness Committee, a Private Citizens Group formed in December
2004. He discussed some of the Committee's accomplishments, including fifteen (15) Land
Development Regulations (LDR's) which had been submitted to staff for their approval and for
reworking.
Mr. Paladin recognized eight (8) of the original and four (4) of the newer
members of the Committee, and divulged that there were three (3) openings for new members.
He briefed the Board on upcoming agenda items for the Committee's next meeting on March 25,
2008. Mr. Paladin stated that he had been approached by Commissioner Wheeler regarding the
status of the Growth Awareness Committee, and he wanted to clarify that the Committee was not
under the auspices of the County.
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March 11, 2008
NO BOARD ACTION REQUIRED OR TAKEN
9.B.2. REOUEST TO SPEAK FROM.IOSEPHPALADIN, GROWTHAWARENESS
COMMITTEE, REGARDING WALL THAT SURROUNDS MICHAELS CREEK
SUBDIVISION
Joseph Paladin, Growth Awareness Committee, presented a synopsis of the
circumstances surrounding the construction of the unsightly large gray wall buffering the
Michaels Creek Subdivision. He felt that the wall was located on the most important corridor in
town (CR510); he discussed possible changes, and asked the Board for suggestions on improving
the wall's appearance.
Vice Chairman Davis noted that the Board had been concerned about the quality of
the Michaels Creek Subdivision, and was dismayed that the Subdivision's site plan had received
approval. He wanted to see aesthetically pleasing landscaping provided at the site.
Attorney Collins wanted to review the site plans and the chronology of this item so
that an informed decision could be made at a future meeting. Mr. Paladin was requested to bring
the matter back the following week, after staff and the Board had a chance to review the facts.
NO BOARD ACTION REQUIRED OR TAKEN
Clerk's Note: Chairman Bowden requested that Item 13.A. be heard prior to Item
9.C. See 13.A. for discussion.
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March 11, 2008
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman Bowden, the Board unanimously approved
the above change to the Agenda.
9.C. PUBLIC NOTICE ITEMS
9.C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR MARCH 18.2008:
NOTICE OF TAxEoUITYAND FISCAL RESPoNsmniTYACT (TEFRA)
HEARING TO APPROVE THE ISSUANCE OF PROPOSED PALM BEACH.
FLORIDA, VARIABLE RATE DEMAND REVENUE BONDS (THE
CHILDREN'S HOME SOCIETY OF FLORIDA PROJECT) INAN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED S17, 000, 000
(INDIANRIVER COUNTYNEWMONEY$2.1 MILLION; REFINANCING
,$2.2 MILLION) (LEGISLATIVE)
9.C.2. NOTICE OF SCHEDULED PUBLIC HEARING FOR MARCH 18,2008: THE
CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS' REOUEST FOR
SPECIAL EXCEPTION USE APPROVAL TO EXPAND ANEXISTING
CHURCHLOCATED AT 386612THSTREET (QUASI ,JUDICIAL)
9.C.3. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR APRIL 8, 2008:
A. KGP, LLC's. REOUEST TO REZONE f 1.57ACRES LOCATED
APPROXIMATELY 580 FEET WEST OF U.S. I AND APPROXIMATELY 130
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March 11, 2008
FEET SOUTH OF 13THLANE FROMIG, GENERAL INDUSTRIAL
DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT. KGP, LLC..
OWNER. KIMLEY-IIORNINC., AGENT (QUASI JUDICIAL)
B. ETAYEM, LLC'S: REQUEST TO REZONE f 1.23 ACRES LOCATED AT
THE NORTHWEST QUADRANT OF 2 %THAVENUE S. W. AND 25TH
STREETS. W. FROM CN, NEIGHBORHOOD COMMERCIAL, TO CL,
LIMITED COMMERCIAL DISTRICT. ETAYEM, LLC OWNER. SCHULKE,
BITTLE & STODDARD, LLC, AGENT (QUASI JUDICIAL)
The Chairman read the notices into the record.
10. COUNTY ADMINISTRATOR'S MATTERS
I O.A. REQUEST FOR EXECUTIVE SESSION - MARCH 11, 2008
Chairman Bowden confirmed with Administrator Baird that the Executive Session
to discuss collective bargaining strategies for negotiations with the International Association of
Fire Fighters (IAFF) would be held at 11 a.m. this morning in his conference room.
11. DEPARTMENTAL MATTERS
H.A. COMMUNITYDEVELOPMENT--NONE
II.B. EMERGENCYSERVICES NONE
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March 11, 2008
I1. C. GENERAL SERVICES -NONE
II.D. HUMANRESOURCES-NONE
H.E. HUMANSERVICES-NONE
II.F. LEISURE SERVICES -NONE
II. G. OFFICE OF MANAGEMENT AND B UDGET-NONE
II.H. RECREATION -NONE
ILL PUBLIC WORKS -NONE
II.J. UTILITIES SERVICES
11.11. GRAND HARBOR SPOONBILL MARSH- ARCHAEOLOGICAL SURVEY
Utilities Director Erik Olson reviewed his memorandum of February 19, 2008, and
told the Board that the Spoonbill Marsh (FKA Grand Harbor Mosquito Impoundment
Restoration Site) Project had received permitting. He informed the Board that although State
and local reviews had indicated there were no significant archaeological areas at the subject
location, the Division of Historical Resources had requested staff to do a final review of the site.
Director Olson asked for Board approval to proceed with the professional cultural resource
survey.
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March 11, 2008
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, for discussion,
to accept staff's recommendation.
Commissioner O'Bryan felt that the bid seemed extremely low, and he wanted to
make sure staff knew what they were getting.
Director Olson told the Board that Environmental and Code Enforcement Chief
Roland DeBlois had confirmed that the low bidder was a good contractor who could provide a
valid review.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
entering into a contract with Panamerican Consultants,
Inc. of Tampa, FL, and authorized the Chairman to
execute same, as presented and recommended in the
memorandum of February 19, 2008. All work is to be
complete within 40 days from notice to proceed.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY MATTERS
12.A. THE SOURCE
County Attorney William Collins, through a recap of the backup memorandum of
March 5, 2008, provided a detailed chronology relating to The Source, a residential treatment
facility which had been granted a legal, non -conforming use allowance by Community
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March 11, 2008
Development. He asked the Board to bypass discussion on his recommendations at today's
meeting, because neither Attorney Michael O'Haire, Legal Counsel for Steve and Erin Metz,
nor Keith Hedin, concerned property owner, (both opposing Community Development's
decision), could be in attendance. Attorney Collins asked for Board action only on setting the
date for a Special Call Meeting. He suggested April 24, 2008 and asked if this date would be
agreeable to representatives of The Source and Steve and Erin Metz.
Douglas A. Vitunae, Esquire, 756 Beachland Blvd., representing The Source,
wanted to have two meetings; one hearing to consider jurisdiction, and then if necessary, a
second hearing to consider the merits of the case.
Gregg Casalino, O'Haire and Quinn, representing the Metz's, confirmed that
April 24, 2008 was a suitable date, and presented his case for having only one hearing.
best option.
Attorney Collins concurred with Attorney Casalino that one hearing would be the
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, for discussion,
to hold a Special Call Meeting on April 24, 2008 at 9:00
a.m.
Commissioner O'Bryan suggested that the Board hold an evening meeting to
accommodate the public, many of who were interested in this issue.
Steve Henderson Esquire, representing The Source, felt that the hearing would be
very lengthy. He suggested that the Board be prepared to extend the meeting to the following
day, or to set two dates.
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March 11, 2008
Attorney Collins interjected that there probably could not be a night meeting on
Thursday, April 24th, 2008, because the Planning Commission normally occupies the Chambers
on the fourth Thursday of each month.
Steve Henderson stated for the record, that in a judicial setting, the question of
jurisdiction would be handled early in the proceedings. He stated that the Commission had
reversed their ruling on this matter at a previous meeting, without providing notice to the
appropriate parties. Mr. Henderson declared that The Source was entitled to be heard on the
issue of jurisdiction again, and felt that it would save time and expense if it was done on a
preliminary basis because, if jurisdiction is determined not to exist, the case ends.
Commissioner Wheeler explained why the Commissioners had made conflicting
decisions at the two previous meetings.
Spencer Simmons, 118 43rd Avenue, remarked on some inconsistencies he felt
were associated with this item. He also asked for clarification on what constitutes the proper
appeal process.
Attorney Collins agreed with Mr. Simmons that the appeal process could be
clarified, and felt that this point would be addressed at the Special Meeting.
Chairman Bowden judged that the Special Meeting would be lengthy and
supported having it during the day. She asked for feedback from the Commissioners, who
agreed to hold the meeting at 9:00 a.m. on April 24, 2008.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved
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March 11, 2008
holding a Special Call Meeting on April 24, 2008 at 9:00
a.m.
Clerk's Note: The Chairman called a recess at 10:39 a.m. The Board reported
back to the dais at 10:51 a.m., and then departed to convene the Executive Session. After the
Executive Session, the Chairman reconvened the meeting at 11:37 a.m., with all members
present.
12.B. ANNUAL EMPLOYMENT CONTRACT
Attorney William G. Collins informed the Board that his current employment
contract with the County expires on March 18, 2008. Due to budgeting difficulties facing the
County relative to the passage of Amendment 1, Mr. Collins proposed a reduction in his salary
and benefits package, as outlined in the backup memorandum of March 4, 2008. Attorney
Collins asked the Board to approve his new Annual Employment Contract.
Commissioner Flescher commended Attorney Collins on the "pair -downs" he was
offering. He then aired concerns and posed questions regarding deferred compensation, to which
Attorney Collins responded.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Bowden, for discussion, to
approve the new Annual Employment Contract for County
Attorney William G. Collins lI.
Chairman Wheeler commended Attorney Collins for the proposal he was making,
and emphasized that his opposition to the employment contract was not a reflection of the
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March 11, 2008
County Attorney. However, he disagreed with the deferred compensation, the dual retirement
system, and the severance package; and was philosophically opposed to contracts where people
work at "the pleasure of a Commissioner or Council."
Commissioner Flescher was uncomfortable with individual contacts for
employment in Indian River County. He reiterated his concerns about the deferred
compensation which was an option included in Attorney Collins' employment contract.
Commissioner O'Bryan mentioned that this was the second employment contract
to come before the Board without undergoing any formal job evaluation process. He wanted to
formalize the review process through the use of a full written review.
Chairman Bowden stated that she had advocated formal written reviews in the
past, but it had always been left to the Chairman's discretion. It was decided that
Commissioner O'Bryan would obtain further information about evaluation forms used by other
counties, add that to information previously garnered by Chairman Bowden, and bring this
matter back to the Board.
Further discussion ensued between the Board and Attorney Collins regarding the
deferred compensation.
Vice Chairman Davis felt that the proposed contract for Attorney Collins was a
step in the right direction, and was ready for the vote.
The Chairman CALLED THE QUESTION and the
Motion carried 3-2 (Commissioners Flescher and Wheeler
opposed). The Board approved renewal of the Annual
Employment Contract with County Attorney William
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March 11, 2008
Collins II, effective March 18, 2008, with the changes
outlined in the memorandum of March 4, 2008. All other
terms of the current employment agreement remain the
same.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COMMISSIONER ITEMS
13.A. COMMISSIONER SANDRA L. BOWDEN. CHAIRMAN
13.A.1. LST LAPORTE CLAIMS BILL
Clerk's Note: This item was heard following 9.B.2. Public Discussion Items, and it
is placed here for continuity.
Chairman Bowden stated that this is currently a Bill in the Legislature that she
wants to see acted on immediately. She asked Attorney David Carter to provide some
background on this item.
Attorney David Carter, Gould, Cooksey, and Fennell, representing Laura
LaPorte, presented some background on Ms. LaPorte, a lifelong resident and former owner of a
mobile petting zoo. Ms. LaPorte, a Muscular Dystrophy survivor, was tragically injured in 1999
by a State Department of Agriculture grove inspector, Sandra Jackson, who was under the
influence of multiple prescription medications, and who had a history of prescription drug abuse
known to her employer. Attorney Carter described how the accident had dramatically affected
and negatively impacted Ms. LaPorte's health, financial circumstances, and her ability to
maintain her independence and livelihood.
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March 11, 2008
Attorney Carter discussed the steps which had been taken to achieve a settlement
with the Department of Agriculture. He noted that Ms. LaPorte and the Legislature have agreed
to reduce the amount of the Bill in order to facilitate its passage. Attorney Carter reported that
the Bill was now in the hands of the State Legislature, and spoke about the importance of the
County approving the Resolution in support of Ms. LaPorte.
Chairman Bowden affirmed the Board's desire to provide support for Ms. LaPorte
and to see this matter resolved.
MOTION was made by Commissioner Wheeler,
SECONDED by Vice Chairman Davis, for discussion, to
direct staff to prepare a Resolution in support of the
passage of the Florida Legislature's Claims Bill in the
LaPorte case.
Because Ms. LaPorte had agreed to accept the lesser settlement amount which had
been set forth in the House Bill, Commissioner O'Bryan wanted to ensure that the Resolution
was specific to the House Bill, and not to the amount of the jury verdict.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved and
directed staff to prepare a Resolution supporting the
Florida Legislature's passage of a Claims Bill, with the
amount as specified in the House Bill, in the LaPorte v.
Agriculture Department Settlement.
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March 11, 2008
13.A.2. OSLO BOAT RAMP UPDATE
Public Works Director Jim Davis reported on the progress of the Oslo Boat Ramp
Project. He related that on January 11, 2008, staff had applied for permitting to the St. John's
River Water Management District (SJRWMD), and on February 8, 2008, staff had received a
twelve -page letter from St. John's requesting additional information. Director Davis related that
although the St. John's River Water Management District had passed waiver criteria regarding
the paving of unpaved roads (as related to stormwater treatment), the District had denied staff's
request for the stormwater exemption.
Vice Chairman Davis and Commissioner O'Bryan agreed that staff should obtain a
written response from St. John's River Water Management District stating why the project does
not qualify for the stormwater exemption and stating the justification for requiring the additional
information.
Director Davis pointed out that there were a tremendous amount of contradictions
in the St. John's River Water Management Report. He informed the Board that letters from the
Florida Fish and Wildlife Conservation Commission, and the Army Corps of Engineers had also
indicated that they did not support the Oslo Boat Ramp Project, and the Army Corps of
Engineers had felt the project was contrary to the overall general public interest.
Director Davis reported that there had been a meeting with St. John's River Water
Management District at which staff was directed to get additional survey work done. He stated
that staff would hopefully submit their response to the St. John's River Water Management
District letter within six weeks. If St. John's comes back wanting further information, Director
Davis said the County might have to seek assistance from the Legislative Delegation.
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March 11, 2008
Chairman Bowden asked how long it would take the St. John's River Water
Management District to respond to staff's new report, and learned that it would take them thirty
(30) days.
Further discussion ensued regarding Oslo Road not qualifying for an exemption,
particularly in regard to the requirements for phosphorous treatment. Director Davis explained
that staff had no plans to make any improvements that would cause phosphorous run-off.
Commissioner O'Bryan urged the Board to expedite this matter, and suggested
contacting George Kulczycki of G K Environmental, Inc. He reminded everyone that there was
a deadline for the Florida Inland Navigation District (FIND) Grant, and learned from Director
Davis that the application must be in by April 1, 2008, with the permit in hand by September
2008.
NO BOARD ACTION REQUIRED OR TAKEN
13.B. COMMISSIONER WESLEYS. DAMS. VICE CHAIRMAN -NONE
13. C. COMMISSIONER JOSEPH E. FLESCHER-NONE
B.D. COMMISSIONER PETER D. O'BRYAN--NONE
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March 11, 2008
13.E. COMMISSIONER GARY C. WHEELER
13.E.1. DISCUSS DECISION ONREOUEST TO HAVE A PROCESS FOR
REGISTERING ASA LOBBYIST
Commissioner Wheeler explained that at the BCC meeting of December 4, 2007,
the Board had discussed enacting procedures to allow ex parte communications, and to have a
registration policy whereby individuals could declare whom they represented. He talked about
the merits of having transparency in government, and directed the Board to review the Lobbyist
Registration Form (copy on file) which is used by St. Lucie County. Commissioner Wheeler
emphasized that he was not personally invested in the outcome of this issue; he was simply
following directions by bringing this item back for consideration.
Vice Chairman Davis noted that the definition of a lobbyist is simply someone
who wants to discuss an issue. He was not averse to giving people the option of registering as a
lobbyist, but he wanted citizens to be able to discuss issues with the Commissioners without
"jumping through any hoops".
Commissioner Wheeler pointed out that the form would be utilized only by those
individuals who are being paid to lobby; it would not apply to most of the people who talk with
the Commissioners.
Commissioner O'Bryan noted that according to the St. Lucie County Code,
persons appearing before the Board, in their individual capacity "without compensation or
reimbursement", would still be free to speak to the Commissioners. He voiced support to move
ahead on a policy regarding the ex parte communications.
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March 11, 2008
Chairman Bowden invited Commissioner O'Bryan to bring back the latter item at
the next BCC meeting, since his comments were directed towards a separate issue.
Charles Wilson, 1936 19th Ave., advocated having the lobbyist registration
process. He detailed four points in support of establishing ex parte communications, which he
called P.A.I.N.: (1) Protection for the Commissioners; (2) Access for the public and for
businesses; (3) Input by the Commissioners, and (4) Needs of the community for information.
Doug Vitunac, Esquire, 756 Beachland Blvd, supported the registration process
for lobbyists. He felt that this item would provide transparency and would protect the Board
from any accidental communications.
Spencer Simmons, 118 43rd Avenue, saw no need for a lobbyist registry, and felt
that lobbyists tend to make things more difficult.
Penny Chandler, representing the Indian River County Chamber of Commerce,
asked the Board for feedback on what they believed was the problem. She felt that a lobbyist
registrar would add one more layer of bureaucracy between the people and government.
A lengthy discussion ensued between the Commissioners and Attorney Collins
regarding what is considered "quasi judicial", what is considered "legislative", what procedures
are currently being used for discussing those matters, and the possibility of altering procedures
with a formal statutory process.
Joseph Paladin, President of Black Swan Consulting and President of Atlantic
Coast Construction and Development, opposed having the lobbyist registry, stating that a
registered lobbyist should have no more rights to the Commissioners or staff than any other
individual.
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March 11, 2008
Mr. Wilson stressed that the purpose of the lobbyist registrar was to provide an
equal chance for individuals to talk to the Board about a quasi judicial matter, and to provide
transparency.
door policy.
Jeff Thompson, Seville Avenue, supported the Board for maintaining an open
Brian Curley, 4101 Ocean Drive, opposed the lobbyist registrar. He asked the
Board to think through this decision, which might impact the ability of individuals to petition
their own government.
Commissioner Flescher was opposed to having an avenue of registry for lobbyists.
His key points were: (1) concern that the lobbyists would take precedence, and supersede the
opportunity for individual citizens to speak with the Commissioners; (2) registering lobbyists
might be an additional expense to staff and taxpayers; (3) the County already maintains a local,
approachable, transparent government; and (4) if a quasi judicial matter is inadvertently
discussed, a protection for the Commissioners already exists, in the form of public disclosure.
Vice Chairman Davis wanted to have the ability to speak to someone about a quasi
judicial issue, and wondered whether the subject form would enable him to do so.
Attorney Collins explained that a procedure for discussing quasi judicial matters
could be established, such that a form could be filled out and made part of the public record.
Further discussion ensued between the Commissioners and Attorney Collins
regarding whether various matters, on which the Board receives public inquiries, would be
25
March 11, 2008
considered quasi judicial or legislative. The Board also briefly debated how best to help the
constituents who approach them for assistance.
Chairman Bowden wondered if it would be prudent to hold a workshop to explain
exactly what is quasi judicial and what is legislative, and to set some ground rules on different
policies and procedures, and ways of doing business.
NO BOARD ACTION REQUIRED OR TAKEN
14. SPECIAL DISTRICTS AND BOARDS
14.A. EMERGENCY SERVICESDISTRICT--NONE
14.B. Som WAsTE DISPOSAL DIsmc7-Nom
14.C. ENVIRONMENTAL CONTROL BOARD -NONE
15. ADJOURNMENT
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 1:00 p.m.
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March 11, 2008
ATTEST:
\
Jef rey, . Barton, Clerk
Minutes Approved: APR — 8 1008
BCC/MG/2008Minutes
March 11, 2008
S dr41Bowden, t Chairman
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134 K 701