HomeMy WebLinkAbout04/29/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
APRIL 29, 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. PRESENTATION BYINTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL
2201, INDIANRIVER FIREFIGHTERSIPARAMEDICASSOCIATION CHECK OF
$1,552 TO INDIANRIVER COUNTY YOUTH GUIDANCE PROGRAM FOR SUMMER
CAMP............................................................................................................................. 2
S.B. PRESENTATION OFPROCLAMATIONDESIGNATINGTHE WEEK OFAPRIL29
THROUGHMAY2, 2008 AS LAW WEEK........................................................................2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING MAY 6 -12, 2008 AS
NATIONALNURSES WEEK............................................................................................ 3
6. APPROVAL OF MINUTES - NONE.....................................................................3
April 29, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE........................................3
8. CONSENT AGENDA...............................................................................................3
8.A. APPROVAL OF WARRANTS -APRIL I0, 2008 THRUAPRIL I7, 2008 ............................3
8.B. AMENDMENT TO THE 2008 BLANKETAUTHORIZATIONFOR COMMISSIONERS TO
TRAVEL OUT OF COUNTY..............................................................................................3
8.C. PROCLAMATION HONORING ALBERT CHALOUX ONHIS RETIREMENT FROM
SANDRIDGE GOLF CLUB...............................................................................................4
8.D. POINTE WEST TOWN CENTER DEVELOPER AGREEMENT, DEVELOPER
CONTRIBUTIONS TO INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF
STATE ROAD 60 AND 58THAVENUE..............................................................................4
8.E. RIGHT-OF-WAYACQUISITION, MARYLOREE SANDERS, 976 8THSTREET, VERO
BEACH, FLORIDA ....
....5
8.F. CR512, PHASE III, CR510 -PROJECT #9611 AND 0001, BID NUMBER 2006065
-J. W. CHEATHAM, LLC, AMENDMENT NO. I TO AGREEMENT AND REDUCTION
OFRETAINA GE.............................................................................................................. 5
S.G. MISCELLANEOUS B UDGET AMENDMENT 011.............................................................. 6
8.H. CHANGE ORDER NO.4 FOR 41 ST STREET IMPROVEMENTS FROM 61 ST AVENUE
TO 47T7A VENUE INCL UDING KINGS HIGHWAYINTERSECTION AND 47TH
AVENUE TO 38THAVENUE INCLUDING 43'D AVENUE INTERSECTION AND
RELEASEOF RETAINAGE..............................................................................................6
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES- NONE.......................................................................................6
10. PUBLIC ITEMS.........................................................................................................7
IO.A. PUBLICHEARING....................................................................................................7
IO.A.I. IMAGINE SCHOOLS: REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR
A K-8 CHARTER SCHOOL FACILITY (QUASI-JUDICIAL) ............................................. 7
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April 29, 2008
10.A.2. CONSIDERATION OF HARRY TANNER'S REQUEST TO FORALLLYDESIGNATE
A 1.3 MILE SEGMENT OF OLD DIXIE HIGHWAYSOUTH OF CR 512 ASA
HISTORICROAD (QUASI-JUDICL4L).........................................................................13
10.A.3. PROPOSED ORDINANCEAMENDING CODE SECTION 913.10(2)(B)3 TO
LOWER THE A.M. BEST RATING REQUIREMENT FOR MAINTENANCE BONDS
FROMA+VHTOA-VI (LEGISLATIVE)......................................................................14
10.A.4. PUBLIC HEARING TO AMEND SECTIONS 303.33 AND 303.35 OF THE IND14N
RIVER COUNTY CODE TO ALLOW DEMOLITIONINSPECTIONAND
RE INSPECTION FEES TO BE SET BY COUNTYRESOL UTIONAND ADOPT
RESOLUTION FOR DEMOLITIONINSPECTION FEES (LEGISLATIVE)........................15
10.B. PUBLICDISCUSSIONITEMS.............................................................................17
10.8.1. REQUEST TO SPEAK FROM FRED MENSING REGARDING REPEAL OF C.N.
KIRRIE RESOL UTIONAS PER ITEM 13A, 22 APRIL 2008 ...........................................17
10.C. PUBLICNOTICEITEMS......................................................................................17
M C 1. NOTICE OFSCHEDULED PUBLICHEARING MAY 6,2008: QUAIL RIDGE,
INC.: REQUEST TO AMEND THE TEXT OF THE TRANSPORTATIONELEMENT OF
THE COMPREHENSIVE PLAN TO REMOVE SEGMENTS OF 61 ST AND 65TH STREETS
FROM 74THAVENUE TO I-95 FROM THE COUNTY'S EXTENDED ROADWAY GRID
MAP (FIG 4.10) (LEGISLATIvE)................................................................................17
11. COUNTY ADMINISTRATOR'S MATTERS - NONE....................................17
12. DEPARTMENTAL MATTERS............................................................................17
12.A. COMMUNITYDEVELOPMENT....................................................................................17
12.A.1. REQUEST FOR AUTHORIZATIONFOR THE BOARD CHAIRMAN TO SIGNA
DEPARTMENT OF COMMUNITYAFFAIRS/INDIANRIVER COUNTYCOMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT..............................................17
12.A.2. CONDEMNATION, DEMOLITION, AND REMOVAL OF UNSAFE STRUCTURES ......... 18
12.8. EMERGENCYSERVICES -NONE ................................................................................18
1ZC, GENERAL SERVICES - NONE.....................................................................................19
12.D. HUMANRESOURCES - NONE.....................................................................................19
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April 29, 2008
12.E. HUMANSERVICES - NONE........................................................................................19
12.F. LEISURE SERVICES - NONE.......................................................................................19
12G. OFFICE OF MANAGEMENT AND BUDGET- NONE....................................................19
12.H. RECREATION-NONE...................................................................................................19
1 ZL PUBLIC WORKS - NONE...............................................................................................19
12.J. UTILITIES SERVICES...................................................................................................19
1211. GRAND HARBOR SPOONBILL MARSH -ARCHAEOLOGICAL SURVEY- FINAL
PAY..............................................................................................................................19
13. COUNTY ATTORNEY MATTERS - NONE.....................................................20
14. COMMISSIONER ITEMS....................................................................................20
M.A. COMMISSIONER SANDRA L. Bo LADEN, CHAIRMAN - NONE......................................20
14.B. COMMISSIONER WESLEYS. DAVIS, VICE CHAIR - NONE........................................20
14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE......................................................20
14.D. COMMISSIONER PETER D. 0'BRYAN.........................................................................20
14.D.1. UPDATE ON THE CAREMARKPRESCRIPTION CARD...............................................20
14.D.2. CITRUS SPRINGS SUBDIVISIONSIDERALKLETTERS OF CREDIT ..........................20
14.E. COMMISSIONER GARY C WHEELER.........................................................................21
14.E.1. CLARIFICATION OF IMPACT FEE MEETING...........................................................21
15. SPECIAL DISTRICTS AND BOARDS...............................................................21
15.A. EMERGENCY SERVICES DISTRICT - NONE..............................................................21
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE..............................................................21
15.C. ENVIRONMENTAL CONTROL BOARD - NONE............................................................21
16. ADJOURNMENT....................................................................................................22
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April 29, 2008
April 29, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on Tuesday,
April 29, 2008. Present were Chairman Sandra L. Bowden, Commissioners Joseph E. Flescher,
Peter D. O'Bryan, and Gary C. Wheeler. Vice Chairman Wesley S. Davis was absent. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Bowden called the meeting to order at 9:00 a.m.
2. INVOCATION
mor Tri Tang Phar, Et. Helen G thelie ri.,,,.e Planning Director Stan Boling delivered
the Invocation.
3. PLEDGE OF ALLEGIANCE
The Indian River County Fire/Rescue Honor Guard posted the Colors and led the Pledge of
Allegiance to the Flag.
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April 29, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Item 14.D.2. Tabled — Citrus Springs Subdivision Sidewalk Letters of Credit
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board by a 4-0 vote (Vice
Chairman Davis absent) approved the above changes to the
Agenda.
(Clerk's Note: Item 10. B. 1. was deleted later in the meeting)
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION BYINTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL
2201, INDIANRIVER FIREFIGHTERSIPARAMEDICASSOCIATION CHECK OF $1,552
TO INDIAN RIVER COUNTY YOUTH GUIDANCE PROGRAM FOR SUMMER CAMP
John King, Emergency Services Director, introduced the Fire Rescue Honor Guard and
presented a check to the Board on behalf of the Vero Beach Fire Fighters Association, IFF Local
2201, to be used for the Barbara Schlitt Ford Youth Guidance Program.
S.B. PRESENTATION OFPROCLAMATIONDESIGNATING THE WEEK OFAPRIL 29
THROUGHMAY2, 2008ASLAW WEEK
Chairman Bowden read and presented the Proclamation to Michelle Carter, who accepted
on behalf of the Indian River County Bar Association.
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April 29, 2008
5.0 PRESENTATION OF PROCLAMATIONDESIGNATING MAY 6 —12, 2008 AS
NATIONAL NURSES WEEK
Commissioner Wheeler read and presented the Proclamation to Susan Leonard, who
accepted on behalf of all nurses.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS -APRIL 10, 2008 THRUAPRIL 17, 2008
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent) approved the list of Warrants as
issued by the Clerk to the Board for the time period of April
10, 2008 to April 17, 2008, as requested.
8.B. AMENDMENT TO THE 2008 BLANKET A UTHORIZATION FOR COMMISSIONERS
TO TRAVEL OUT OF COUNTY
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent) approved to amend the January 8,
2008 blanket authorization, and the date of April 22, 2008
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April 29, 2008
be used to cover both out of county committee assignments
and travel to Tallahassee without having to bring a request
to the Board as requested in the memorandum of April 22,
2008; and Commissioner Assistant will advise the Board
when such trips are to take place and the purpose of the trip.
8.C. PROCLAMATIONHONORINGALBERTCHALOUXONHISRETIREMENTFROM
SANDRIDGE GOLF CLUB
The Board noted for the record, the Proclamation honoring Mr. Albert Chaloux on his
retirement.
8.D. POINTE WEST TOWN CENTER DEVELOPER AGREEMENT, DEVELOPER
CONTRIBUTIONS TO INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF
STATE ROAD 60 AND 58THAVENUE
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent) approved the Developer
Agreement with Pointe West of Vero Beach, LTD
(Alternative No. 1), as recommended in the memorandum
of April 18, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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April 29, 2008
S.E. RIGHT-OF-WAYACQUIsmoN, MARYLOREESANDERs, 976 8TH STREET, VERO
BEACH, FLORIDA
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent) approved Alternative No. 1, to
purchase right-of-way for $670.00, and authorized the
Chairman to execute same, as recommended in the
memorandum of April 21, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. CR512, PHAsE III, CR510 -PROJECT #9611 AND 0001, BID NUMBER
2006065 — J. W. CHEATHAM. LLC. AMENDMENT NO.1 TO AGREEMENT AND
RED UCTION OF RETAINAGE
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent) approved Amendment No. 1,
modifying the text in the Agreement between J.W.
Cheatham, LLC and Indian River County, and payment in
the amount of $649,284.85 to J.W. Cheatham, LLC as
recommended in the memorandum of April 14, 2008.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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April 29, 2008
8.G. MISCELLANEOUS BUDGET AMENDMENT OII
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent), approved Resolution 2008-046,
amending the fiscal year 2007-2008 Budget.
8.H. CHANGE ORDER NO.4 FOR 41 ST STREET IMPROVEMENTS FROM 61ST AVENUE
TO 471HAVENUE INCLUDING KINGS HIGHWAYINTERSECTIONAND 47THAVENUE TO
38THAVENUE INCLUDING 43RD AVENUE INTERSECTION AND RELEASE OF
RETAINAGE
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent) approved Change Order No. 4,
decreasing the final total contract amount by $178,581.35,
and approved payment of Contractor's Application for
Payment No. 22 in the amount of $752,818.96, as
recommended in the memorandum of April 14, 2008.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -
NONE
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April 29, 2008
10. PUBLIC ITEMS
IO.A. PUBLIC HEARING
10.A.1. IMAGINE SCHOOLS: REOUEST FOR SPECIAL EXCEPTION USE APPROVAL
FOR A K-8 CHARTER SCHOOL FACILITY (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Planning Director Stan Boling recapped his memorandum of April 17, 2008,
whereby MBV Engineering, Inc., on behalf of Low Key, Inc., and Imagine Schools, requested a
special exception use approval for a Charter K-8 School on 4th Street, west of 58th Avenue. By
using a PowerPoint Presentation, he detailed the proposed Imagine School's future location (a site
previously approved as a subdivision known as Parrot Bay); the proposed site plan and the two
phases. He gave an overview of the proposed landscaping plan; the 4th Street improvements in
Phase 1; the requirements prior to issuance of a Certificate of Occupancy (C.O.) in Phase 1; and
the proposed improvements that would be added in Phase 2. He acknowledged that the Planning
and Zoning Commission (PZC) approved the special exception use with the conditions originally
recommended by staff, that project trips be monitored; and that the need for an eastbound left turn
lane be re-evaluated prior to issuance of building permits for Phase 2.
Attorney Bruce Barkett, representing Imagine Schools, felt this site and location was
ideal because it had already been cleared and approved for development, and acknowledged that
this project had satisfied all land development regulations.
The Chairman opened the public hearing.
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April 29, 2008
School:
The following individuals addressed the Board in sgpport of the proposed Imagine School:
Tracy Brueggeman, 647153 rd Circle, Vero Beach
Christian Cascone, with Imagine Schools, Clermont
Joe Mills, 6750 49th Court, Vero Beach
Ryan Resnik, Planning Consultant for Magnet Schools
Melody Ipolito, 5255 East First Square S.W., Vero Beach
Bruce Moia, Site Design Engineer with MBV Engineering, Inc., 2455 14'h Avenue, Vero
Beach
Sheri Fearn, 4415 7th Street, Vero Beach
The following individuals addressed the Board in opposition to the proposed Imagine
Daniel Shaw, 545 61" Avenue, Vero Beach, presented a letter (copy on file)
Rick Hope, 345 Farleys Court, Vero Beach
Sandi Reinhardt, 398 Farleys Court, Vero Beach
Taher Husainy, 6060 4th Street, Vero Beach
Al Introcaso, 6535 4th Place, Vero Beach
Jeff Brewster, 360 Farleys Court, Vero Beach
Hal McAdams, 540 61St Avenue, Vero Beach
Ray Reinhardt, 398 Farleys, Vero Beach
Lavonne Walker, 510 61St Avenue, Vero Beach
Jan Knight, 6170 5th Street, Vero Beach
Karen Hope, 345 Farleys Court, Vero Beach
Charlie Wilson, 1057 6th Avenue, Vero Beach
The Chairman called a recess at 10:35 a.m. and reconvened the meeting at 10:48 a.m. with
all members present (Vice Chairman Davis absent).
8
April 29, 2008
Continuing from before the recess, the following individuals opposed the proposed
Imagine School:
Ron Lambert, 365 Farleys Court, Vero Beach
Larry Weidemier, 665 Carriage Lake Way, Vero Beach
Renee Renzi, Waverly Place, Vero Beach
Yale Dampier, 555 61St Avenue, Vero Beach
Croce Giambanco 325 Farleys Court, Vero Beach
Cynthia Bolton, 565 61St Avenue, Vero Beach
Anthony Galanto, 430 61St Avenue, Vero Beach
Chris Crawford, 6336 4th Place, Vero Beach
(Clerk's Note: A petition of additional citizens opposing the Imagine School was received, and is
on file in the office of the Clerk to the Board.)
There were no additional speakers and the Chairman closed the public hearing.
Attorney Barkett addressed the questions, concerns, and misconceptions of the Public.
He urged the Commissioners to discuss any questions or concerns with staff, and welcomed a one
week continuance which would allow them the opportunity to further clarify issues. The
continuance would allow Vice Chairman Davis the opportunity to address this when he returns.
Adrian Dabkowski, Kimley-Horn and Associates, Inc., 6012 1 " Street, discussed traffic
concerns and explained how the Institute of Transportation Engineers (ITE) Trip Generation
Manual was used for trip generation, and the Florida Standard Urban Transportation Modeling
Structure (FSUTMS) was used for distribution formats. He talked about peak hour traffic, turn
lanes, and the fact that there had been no reported traffic accidents over the past five years on 4th
Street, at the intersection of 58th Avenue.
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April 29, 2008
County Attorney William Collins explained "special exception" as a use permitted when
certain conditions and criteria are met. He clarified "general" criteria and "specific land use"
criteria (for special exception) as it pertains to schools, and acknowledged that the various required
criteria relating to the school had been met.
In response to Commissioner O'Bryan's query, Assistant Public Works Director Chris
Mora affirmed there were no plans in the Five Year Capital Improvements Program to improve 4th
Street. Discussion ensued regarding future improvements to the intersections, culverting a portion
of the drainage ditch, adding the westbound right turn lane, and possibly in the future, an
eastbound left turn lane.
Discussion ensued and the Commissioners expressed their concerns and asked for more
details regarding temporary buildings, road improvements, the permit process, increased traffic,
and an alternate plan if the school is not ready by August.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner O'Bryan, to support
Planning and Zoning's decision, with conditions, staff's
recommendation with conditions, and adding a left turn
lane during Phase 2.
Under discussion, Commissioner O'Bryan suggested adding not only the left turn lane, but
also making improvements from 4th Street to 66t' Avenue in Phase 2. Later in the meeting he
withdrew his suggestion upon learning that it could not be legally enforced. He remained in
support of the original motion.
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April 29, 2008
Due to traffic concerns, Chairman Bowden wanted a "live person" directing traffic to be a
requirement. Attorney Barkett acknowledged that if it is warranted, a Sheriff's Deputy could
direct the morning and afternoon traffic, but felt that decision should be left up to the school's
Principal.
Commissioner Wheeler asked Commissioner Flescher if he would amend his motion to
include two turn lanes as part of Phase 1 because he felt there would be a traffic burden without
them. Attorney Barkett reiterated that there was no evidence to support the need for both turn
lanes in Phase I.
Chairman Bowden was in favor of the school and said that it would be monitored closely.
The Chairman CALLED THE QUESTION and by a vote
of 3-1 vote (Chairman Wheeler opposed and Vice
Chairman Davis was absent) the Board found that:
(1) It is empowered under the provisions of Chapter 971 to
review the special exception applied for; (2) Granting of the
special exception will not adversely affect the public
interest;
(3) The application satisfies the general and specific criteria
required for special exception approval; and
(4) The site plan design is adequate to ensure compatibility
between the special exception use and surrounding land
uses; The Board further granted special exception approval
for the proposed charter school use with the following
conditions:
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April 29, 2008
(1) Prior to site plan release, the applicant shall submit cut
sheets (or design cross-sections) of all outdoor light
fixtures, including wall -mounted lights and parking lot
lights. All outdoor lights shall comply with SR 60 Corridor
light shielding requirements;
(2) Prior to issuance of a Certificate of Occupancy (C.O.)
for Phase 1, the applicant shall:
(2.A) Construct a westbound right turn lane at the project
entrance, as shown on the approved site plan;
(2.13) Construct the 4th Street roadway widening
improvements, as shown on the approved site plan;
(2.C) Install all required landscape buffers and opaque
features for the entire site, as shown on the project's
landscape plan; and
(3) Prior to issuance of building permits for Phase 2, the
applicant shall submit traffic counts and actual Phase 1 trip
data to Traffic Engineering and provide an eastbound left
turn land at the project entrance if such data show that the
turn lane is required under County land development
regulations, as recommended in the memorandum of April
17, 2008.
The Chairman called a recess at 12:10 p.m. and reconvened the meeting at 12: 22 p.m. with
all members present (Vice Chairman Davis absent).
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April 29, 2008
10.A.2. CONSIDERATIONOFHARRYTANNER'SREOUESTTOFORMALLYDESIGNATE
A 1.3 MILE SEGMENT OF OLD DIXIE HIGHWAY SOUTH OF CR 512 ASA HISTORIC
ROAD (QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating told the Board that staff had provided the
affected property owners with a 30 day notice, and at that time they were not aware that Vice
Chairman Davis would not be attending this meeting. He requested the Board continue this item
next week when Vice Chairman Davis, the Board's liaison with the Historic Resources Advisory
Committee, has returned. He recommended that the Board open the public hearing today, in case
there are people in the audience who want to speak on this issue, then continue next week.
The Chairman informed the Board that this item's public hearing would be conducted
today but the specifics would be continued at the May 6, 2008 Board of County Commission
Meeting.
County Attorney Collins acknowledged that as a minimum, the Board would need to open
the public hearing so the County would not be required to re -advertise.
The Chairman opened the public hearing, there were no speakers and the Chairman closed
the public hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent) deferred the meeting until the May
6, 2008 Board of County Commissioner Meeting.
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April 29, 2008
10.A.3. PROPOSED ORDINANCE AMENDING CODE SECTION 913.10(2) (B)3 To
LOWER THE A.M. BEST RATING REOUIRENIENT FOR MAINTENANCE BONDS FROM
A+VII TOA -VI (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Attorney Collins acknowledged that this item was brought forward from the April 8, 2008
Board of County Commission Meeting, where the Chairman had asked him to bring back the
Amendment lowering the rating of Maintenance Bonds from A+VII to A -VI.
Chairman Bowden opened the public hearing.
Joseph Paladin expressed how difficult the A+VII rating was to obtain, and he proposed
that the A -VI rating be adopted.
There were no additional speakers, and the Chairman closed the public hearing.
Commissioner Flescher wanted to know if this would have any adverse effect on the
County for future projects. Attorney Collins did not feel it would cause any substantial change, he
pointed out that there would be more security for longer periods of time, and that it was extended
from a one-year to a three-year warranty period.
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April 29, 2008
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board by a 4-0 vote (Vice
Chairman Davis absent) adopted Ordinance 2008-009,
amending Section 913.10(2)(B)3 of the Indian River
County Code to lower the A.M. best rating requirement for
Maintenance Bonds from A+VII to A -VI; providing for
codification; providing for severability; and providing for
an effective date.
10.A.4. PUBLIC HEARING TO AMEND SECTIONS 303.33 AND 303.35 OF THE INDIAN
RIVER COUNTYCODE ToALL 0wDEMOLITIONINSPECTION AND RE -INSPECTION
FEES TO BE SET BY CO UNTY RESOL UTION AND ADOPT RESOL UTION FOR
DEMOLITIONINSPECTIONFEES (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Collins informed the Board that this Ordinance Amendment was
requested by the Health Department who conducts the inspections before properties are
demolished. He explained that the fees set by Ordinance are now inadequate to cover the costs of
the inspections. The Health Department proposed amending the Ordinance to allow the Board the
flexibility to set fees by Resolution. He told the Board that the proposed new fees were: single
family homes - $75; commercial structures, including multi -family structures under or equal to
3,000 square feet - $100; commercial structures over 3,000 square feet - $150; and re -inspection
fees for any structure - $50.
The Chairman opened the public hearing.
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April 29, 2008
Cheryl Dunn, Manager, Environmental Health Department, was in attendance to answer
any questions from the Board — there were none.
There were no speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent) adopted Ordinance 2008-010,
amending Section 303.33 of the Indian River County Code
to provide for establishment of Inspection Fees by County
Resolution; amending Section 303.35 of the Indian River
County Code to provide for establishment of Re -Inspection
Fees by County Resolution; providing for repeal of
conflicting provisions; 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.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent) approved Resolution 2008-047,
establishing Demolition Inspection and Re -Inspection Fees
pursuant to Section 303.33 and 303.35 of the Indian River
County Code.
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April 29, 2008
10.B. PUBLIC DISCUSSIONITEMS
10.B.1. REQUEST TO SPEAK FROM FRED MENSING REGARDING REPEAL OF C.N.
KiPmE REsm UTIoNAs PER ITEM 13A, 22 APRIL 2008
Mr. Mensing was absent, and this item was deleted from the Agenda.
10. C. PUBLIC NOTICE ITEMS
10. C 1. NOTICE OF SCHEDULED PUBLIC HEARING MAY 6,2008: OUAIL RIDGE.
INC.: REO UEST TO AMEND THE TEXT OF THE TRANSPORTATIONELEMENT OF THE
COMPREHENSIVE PLAN TO REMOVE SEGMENTS OF 61 ST AND 65TH STREETS FROM
74THAVENUE TO I-95 FROM THE COUNTY'S EXTENDED ROADWAY GRID MAP (FIG
4.10) (LEGISLATIVE)
The Chairman read the notice into the record.
11. COUNTY ADMINISTRATOR'S MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT
12.A.I. REQUEST FOR AUTHORIZATION FOR THE BOARD CHAIRMAN TO SIGNA
DEPARTMENT OF COMMUNITYAFFAIRSIINDIANRIVER COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent) authorized the Chairman to
17
April 29, 2008
execute the DCA/Indian River County CDBG Agreement,
and authorized staff to transmit the signed copies of the
Agreement to DCA, as recommended in the memorandum
of April 18, 2008.
12.A.2. CONDEMNATION, DEMOLITION, AND REMOVAL OF UNSAFE STRUCTURES
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Wheeler, the Board by a 4-0 vote (Vice
Chairman Davis absent) (1) declared said structures unsafe
and a nuisance, and ordered the buildings demolished with
related debris removed from the property by a private
vendor approved through standard bid procedures, as
recommended in the memorandum of April 16, 2008; and
(2) approved Resolution 2008-048, providing for the
demolition of unsafe structures and the recovery of costs.
(Owners: Charlie L. Jones - 4004 46th Lane; Oscar Ross -
4461 28th Lane; Yves Paul Michel and Elke Narcisse and
Omni Construction — 8785 64th Ave.; Lufleta Battle and
Will Battle — 4230 291h Ave.; and Bassam Kattoura — 2305
27th Avenue S.W.
Building Division Director Buddy Akins confirmed that all the property owners were
notified of this action by certified mail.
12.B. EMERGENCYSERVICES — NONE
18
April 29, 2008
12. C. GENERAL SERVICES - NONE
12.D. HUMANRESOURCES - NONE
12.E. HUMANSER VICES - NONE
12.F. LEISURE SERVICES -NONE
12G. OFFICE OF MANAGEMENT AND BUDGET- NONE
i FRJA ff To 7.71 vi MAM"1117AM,
12. L PUBLIC WORKS - NONE
12. J. UTILITIES SER VICES
12.11. GRAND HARBOR SPOONBILL MARSH —ARCHAEOLOGICAL SURVEY— FINAL
PAY
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board by a 4-0 vote (Vice
Chairman Davis absent) approved payment to Panamerican
Consultants, Inc. of Tampa, FL for the archaeological and
historical survey for the price of $2,977.11, and authorized
the Chairman to execute same, as recommended in the
memorandum of April 11, 2008.
19
April 29, 2008
13. COUNTY ATTORNEY MATTERS - NONE
14. COMMISSIONER ITEMS
14.A. COMMISSIONER SANDRA L. BOWDEN, CHAIRMAN- NONE
14.B. COMMISSIONER WESLEY& DAMS, VICE CHAIR - NONE
14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.D. COMMISSIONER PETER D. O'BRYAN
14.D.1. UPDATE ON THE CAREMARKPRESCRIPTION CARD
Commissioner O'Bryan reported that after using the Caremark Prescription Drug Discount
Card Program for one month, 111 individual users had submitted 221 prescriptions. He noted that
the pharmacy card was cheaper 73% of the time, for a cost savings of 20.8%.
14.D.2. CITRUS SPRINGS SUBDIVISION SIDEWALK LETTERS OF CREDIT
Chairman Bowden announced that this item was tabled until the May 13, 2008 Board of
County Commission Meeting.
20
April 29, 2008
14.E. COMMISSIONER GARY C. WHEELER
14.E.1. CLARIFICATION OF IMPACT FEE MEETING
In response to Commissioner Wheeler's query regarding the Impact Fee Meeting,
Chairman Bowden acknowledged that it is scheduled for May 9, 2008, at 9:00 a.m.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT — NONE
15. B. SOLID WASTE DISPOSAL DISTRICT - NONE
15. C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
21
April 29, 2008
Nt 132 bC 03e
16. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 12:36 p.m.
ATTEST:
Jeffrey-�arton, Clerk
Minutes Approved: JUN 1 0 2008
BCC/LAA/2008Minutes
April 29, 2008
w�
Sandra L. Bowden, Chairman
22 IK 135 PG 037