HomeMy WebLinkAbout09/11/2007 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF SEPTEMBER 11, 2007
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
A. PRESENTATION OF PROCLAMATION HONORING DR. JOHN W. MCDONALD FOR
OUTSTANDING SERVICE ON THE INDIAN RIVER COUNTY ENVIRONMENTAL
CONTROL HEARING BOARD 2
B. PRESENTATION OF PROCLAMATION HONORING WORLD CHANGER JOEL
DRAMIS 2
C. PRESENTATION BYJULIANNE R. PRICE, STATEWIDE PACE ENVIRONMENTAL
HEALTH COORDINATOR 3
6. APPROVAL OF MINUTES 3
A. PUBLIC WORKSHOP OF JUNE 21, 2007 -ALTERNATIVE WATER SUPPLY 3
6.B. REGULAR MEETING OF JULY 10, 2007 4
September 11, 2007 1
6.C. SPECIAL CALL MEETING OF JULY11, 2007 - LDR CHAPTER 911 4
6.D. REGULAR MEETING OF JULY 17, 2007 4
6.E. BUDGET WORKSHOP OFJULY18, 2007 5
6.F. SPECIAL CALL MEETING OF JULY 20, 2007 — FELLSMERE ANNEXATIONS &
PIPER REFERENDUM 5
6.G. REGULAR MEETING OF JULY 24, 2007 5
7. CONSENT AGENDA 6
7.A REPORTS ON FILE IN THE OFFICE OF CLERK TO THE BOARD: 1. CITY OF
VERO BEACH ORDINANCE 2007-03 -ANNEXING 124 ACRES 6
2. CITY OF FELLSMERE ORDINANCE 07 -11 -ANNEXING 41.35 ACRES 6
7.B. APPROVAL OF WARRANTS-AUGUST24, 2007—AUGUST30, 2007 6
7.C. CONSENT AGENDA ITEM (CERTIFICATION OF TAX ROLL 7
7.D. RESIGNATION AND APPOINTMENT OF MEDICAL DOCTOR POSITION TO THE
ENVIRONMENTAL CONTROL HEARING BOARD 7
7.E. RESIGNATION OF APPOINTEE TO THE TRANSPORTATION DISADVANTAGED
LOCAL COORDINATING BOARD 7
7.F. APPOINTMENT OF REALTOR APPOINTEE TO THE PROFESSIONAL SERVICES
ADVISORY COMMITTEE 7
7.G. PROCLAMATION HONORING JOYCE DAUGHERTY ON HER RETIREMENT FROM
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF
UTILITY SERVICES 8
7.H. REQUEST TO ENTER INTO A SUPPLEMENTAL PUBLIC TRANSPORTATION JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) 8
7i LIGHTNING PREDICTION SYSTEMS 8
7.J. APPROVAL OF FINAL INVOICE AND FINAL RELEASE OF RETAINAGE FOR
ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC., WORK ORDER NO. 1
FOR EGRET MARSHREGIONAL STORMWATER PARK 9
7.K. APPROVAL OF PROFESSIONAL SERVICE AGREEMENTS FOR ANNUAL
September 11, 2007 2
GEOTECHNICAL SERVICES CONTRACT, 2007-2008— IRC PROJECT NO. 0534 9
7.L. INTERFUND BORROWING 10
7.M. MISCELLANEOUS BUDGET AMENDMENT 024 10
7.N. APPROVAL TO PURCHASE 911 RECORDING EQUIPMENT FROM REPLAY SYSTEMS10
7.0. APPROVAL OF RENEWAL FORA CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR SENIOR RESOURCE ASSOCIATION TO
PROVIDE WHEELCHAIR SERVICES 10
7.P. RENEWAL OF SERVICE AGREEMENT FOR INDIAN RIVER COUNTY SHERIFF
OFFICEE911 PUBLIC SAFETY ANSWERING POINT (PSAP) MGE UPS ONA
SOLE SOURCE BASIS FROM MGE UPS SYSTEMS, INC. 11
7.Q. REPLACEMENT OF DC CAPACITOR AND BATTERIES FOR MGE UPS SYSTEM AT
THE IRCSO 911 CENTER 11
7.R. JLW MANAGEMENT CORP REQUEST FOR FINAL PLAT APPROVAL FOR A
PLAT-OVER-SITE-PLAN SUBDIVISION TO BE KNOWN ASBELLAROSA 12
7.5. CR 512, I--95 TO ROSELAND ROAD- IRC PROJECT NO. 9611 ADDENDUM #8,
TASK B, REQUEST FOR FINAL RELEASE OF RETAINAGE 12
7.T. APPROVAL OF BID AWARD FOR IRC BID #2007086 TRAILER MOUNTED 4"
SELF-PRIMING DOUBLE DIAPHRAGM, PUBLIC WORKS DEPARTMENT/ ROAD
AND BRIDGE DIVISION 12
7. U. INDIAN RIVER COUNTY BID # 2007085 COMPACT HYDRAULIC EXCAVATOR
WITH POWER TILT & BUCKET ATTACHMENT, ROAD AND BRIDGE DEPARTMENT
13
7. V. APPROVAL OF BID AWARD FOR IRC BID # 2007088 RESURFACE ACTIVITY
POOL AT NORTH COUNTYACQUATIC CENTER, RECREATION DEPARTMENT 13
7.W. REQUEST TO RENEWA PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) 14
7.X. SELECTION OF PROFESSIONAL LAND SURVEYING AND MAPPING/GIS FIRMS,
2007 ANNUAL SERVICES CONTRACT NO. 0725, REQUEST FOR QUALIFICATIONS
(R.F. Q.) No. 2007064 14
September 11, 2007 3
7. Y. KIMLEY-HORN & ASSOCIATES, INC., REQUEST FOR EXTENSION OF PD
PLAN/PLATAPPROVAL FOR THE SAM'S CLUB EXPANSION (QUASI JUDICIAL) 14
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 15
9. PUBLIC ITEMS - 15
A. PUBLIC HEARINGS - NONE 15
9.B. PUBLIC DISCUSSION ITEMS 15
1. REQUEST TO SPEAK FROM RAYMOND W. BATT ON BEHALF OF VISTA GARDENS15
2. REQUEST TO SPEAK FROM STEVE MYERS REGARDING REGIONAL RESIDUALS
DEWATERING FACILITY OPERATIONS 18
3. REQUEST TO SPEAK FROM WILLIAM WELLS REGARDING RESOLUTIONS TO
MATTERS BROUGHT TO THE COMMISSION 18
9.C. PUBLIC NOTICE ITEMS 19
1. NOTICE OF SCHEDULED PUBLIC HEARING - SEPTEMBER 18, 2007: BOARD
CONSIDERATION TO APPROVE PURCHASE OF CONSERVATION EASEMENTS ON
THE "PADGETT BRANCH" SITE UNDER THE COUNTY ENVIRONMENTAL LAND
ACQUISITION PROGRAM 19
10. COUNTY ADMINISTRATOR MATTERS - NONE 19
11. DEPARTMENTAL MATTERS 19
A. COMMUNITY DEVELOPMENT 19
1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES
September 11, 2007 4
(QUASI JUDICIAL) 19
11.A.2 ROBERT AND NANCY MARSHBANKS'APPEAL OF THE PLANNING AND ZONING
COMMISSION'S APPROVAL OF THE TREASURE COAST MONTESSORI SCHOOL'S
ADMINISTRATIVE PERMIT USE AND MAJOR SITE PLAN APPLICATION FOR A PRE
SCHOOL/CHILD CARE FACILITY AT 6320 RTHSTREET20
11.B. EMERGENCY SERVICES - NONE 23
11.C. GENERAL SERVICES 23
1. APPROVAL OF DEMOLITION PRIVITY AGREEMENT- CROSS ENVIRONMENTAL
SERVICES 23
11.D. HUMAN RESOURCES - NONE 24
11.E. HUMAN SERVICES - NONE 24
11.F. LEISURE SERVICES - NONE 24
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 25
11.H. RECREATION - NONE 25
11.I.1 PUBLIC WORKS - S.R. 60 AND 58TH AVENUE, ALTERNATIVE
CORRIDOR STUDY - FINAL REPORT 25
11.L2 RESOLUTIONS TO PROVIDE FOR THE PAVING AND
DRAINAGE IMPROVEMENTS TO AND SET PUBLIC
September 11, 2007 5
HEARING DATE FOR: 1ST ROAD FROM 35TH AVENUE TO
32ND AVENUE IN VERO BEACH HOMESITES SUBDIVISION -
IRC PROJECT NO. 0522 26
11.L3 RIGHT-OF-WAY ACQUISITION 66TH AVENUE SOUTH OF 8TH
STREET, ROBERT W. AND JO AN SCHLITT HUSBAND AND
WIFE (DEFERRED FROM SEPTEMBER 4, 2007 MEETING) 28
11.J. UTILITIES SERVICES - 28
1. REGIONAL RESIDUALS DEWATERING FACILITY OPERATIONS 28
11.J.2. VERO CADILLAC DEVELOPER'S AGREEMENT FOR REPLACEMENT OF 6 -INCH
TRANSITE WATER MAIN 30
12. COUNTY ATTORNEY MATTERS - NONE 30
13. COMMISSIONERS ITEMS 31
A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 31
B. COMMISSIONER SANDRA L. BOWDEN, VICE CHAIRMAN -
NONE 31
C. COMMISSIONER WESLEY S. DAVIS 31
1. PERMISSION TO ADVERTISE FOR PUBLIC HEARING: AN ORDINANCE AMENDING
INDIAN RIVER CODE CHAPTER 973 NUISANCE ABATEMENT 31
D. COMMISSIONER JOSEPH E. FLESCHER 32
1. APPOINTMENT OF COMMISSION LIAISON TO THE INTERLOCAL SERVICE BOUNDARY
September 11, 2007 6
AGREEMENT WORKING GROUP 32
E. COMMISSIONER PETER D. O'BRYAN 33
1. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO ADOPT THE GREEN
RESOLUTION 34
14. SPECIAL DISTRICTS AND BOARDS 36
A. EMERGENCY SERVICES DISTRICT NONE 36
B. SOLID WASTE DISPOSAL DISTRICT - NONE 36
C. ENVIRONMENTAL CONTROL BOARD 36
RESIGNATION AND APPOINTMENT OF MEDICAL DOCTOR POSITION TO THE
ENVIRONMENTAL CONTROL HEARING BOARD 36
15. ADJOURNMENT 37
September 11, 2007 7
September 11, 2007
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
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, September 11, 2007. 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 Athena Adams.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m. He requested that a
moment of silence be observed in respect of the victims of the September 11, 2001 tragedy in New
York.
2. INVOCATION
Teddy Floyd of the Indian River County Sheriff's Department Crime Prevention
Unit, Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O'Bryan led the Pledge of Allegiance to the Flag.
September 11, 2007 1
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS
Chairman Wheeler announced that Item 7.D on the Consent Agenda would be
moved and placed under Item 14.0 "Special Committees".
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chair Bowden, the Board unanimously made the
above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION HONORING DR. JOHN W.
MCDONALD FOR OUTSTANDING SERVICE ON THE INDIAN RIVER
COUNTY ENVIRONMENTAL CONTROL HEARING BOARD
Chairman Wheeler read the Proclamation into the record.
B. PRESENTATION OF PROCLAMATION HONORING WORLD CHANGER
JOEL DRAWS
Commissioner O'Bryan read and presented the Proclamation to World Changers'
representative Joel Dramis, who briefly described some of the Organization's achievements, as
well as, current projects being undertaken. Commissioner Davis acknowledged World Changers
contributions to communities, especially since the hurricanes.
September 11, 2007 2
C PRESENTATION BYJULIANNE R. PRICE, STATEWIDE PACE
ENVIRONMENTAL HEALTH COORDINATOR
Julianne Price, Statewide "Protocol for Assessing Community Excellence"
(PACE) Coordinator for the State's Department of Health, through a PowerPoint presentation
entitled "Setting the PACE: Working Together to Solve Community Issues", highlighted one of
the projects they undertook in communities like Wabasso, and especially the assistance given to
Freeman Wiggs who was living out of his car.
Ms. Price announced that they have started a new PACE Committee in Fellsmere
with an "Extreme Challenge" for Two Homes in One Day, which was actually accomplished. She
acknowledged those involved in the project, especially Dennis Witherow, the President of Regatta
Construction, the company that built the two houses in one day. Dennis encouraged everyone to
come out and see what has been done. To find out more about PACE projects you may visit their
website at www.everydreamhasaprice.com.
6. APPROVAL OF MINUTES
A. PUBLIC WORKSHOP OF JUNE 21, 2007 - ALTERNATIVE WATER
SUPPLY
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Public Workshop of June 21, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Public Workshop on Alternative Water
Supply of June 21, 2007, as written and distributed.
September 11, 2007 3
6.B. REGULAR MEETING OF .JULY 10, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of July 10, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the regular meeting of July 10, 2007, as written
and distributed.
6.C. SPECIAL CALL MEETING OF .JULY 11, 2007 - LDR CHAPTER 911
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Special Call Meeting of July 11, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Minutes of the Special Call Meeting of July 11, 2007, as
amended.
6.D. REGULAR MEETING OF JULY 17, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of July 17, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of July 17, 2007, as
written and distributed.
September 11, 2007 4
6.E. BUDGET WORKSHOP OF JULY 18, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Budget Workshop of July 18, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Budget Workshop of July 18, 2007, as
written and distributed.
6.F. SPECIAL CALL MEETING OF JULY 20, 2007- FELLSMERE
ANNEXATIONS & PIPER REFERENDUM
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Special Call Meeting of July 20, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Special Call Meeting of July 20, 2007, as
amended.
6.G. REGULAR MEETING OF JULY 24, 2007
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of July 24, 2007. There were none.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the regular meeting of July 24, 2007, as
written and distributed.
September 11, 2007 5
7. CONSENT AGENDA
Vice Chair Bowden asked to pull, for discussion, Items 7.A, 7.I, 7.V, & 7.Y.
7.A REPORTS ON FILE IN THE OFFICE OF CLERK TO THE BOARD: I.
CITY OF VERO BEACH ORDINANCE 2007-03 — ANNEXING 124
ACRES
2. CITY OF FELLSMERE ORDINANCE 07--11- ANNEXING 41.35
ACRES
Vice Chair Bowden sought clarification on whether this was just a report on file that
they were being asked to approve. County Attorney Collins confirmed that it was just an
acknowledgement that a copy of the Ordinance was received by the Office of the Clerk to the
Board and is on file in said Office.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously
acknowledged the Reports on file in the Office of the Clerk
to the Board.
7.B. APPROVAL OF WARRANTS -AUGUST24, 2007 — AUGUST 30, 2007
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of August 24, 2007, to August 30, 2007, as
requested.
September 11, 2007 6
7.C. CONSENT AGENDA ITEM (CERTIFICATION OF TAX ROLL)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved and
ordered that the Tax Roll be extended prior to the
completion of the Value Adjustment Board hearings, as
requested in the memorandum from Tax Collector Charles
Sembler, dated September 4, 2007.
7.D. RESIGNATION AND APPOINTMENT OF MEDICAL DOCTOR POSITION
TO THE ENVIRONMENTAL CONTROL HEARING BOARD
(Clerk's Note: this item was moved and placed under Item 14. C., "Special
Committees. See 14. C for details)
7.E. RESIGNATION OF APPOINTEE TO THE TRANSPORTATION
DISADVANTAGED LOCAL COORDINATING BOARD
The Board noted the resignation of the Department of Children and Families
Appointee Pearlie Clark from the Transportation Disadvantaged Local Coordinating Board.
7.F. APPOINTMENT OF REALTOR APPOINTEE TO THE PROFESSIONAL
SERVICES ADVISORY COMMITTEE
The Board noted the appointment of Linda Schutt Gonzalez as the Realtor
Appointee to the Professional Services Advisory Committee (PSAC), replacing Mr. Rodney
Paradise (deceased).
September 11, 2007 7
7.G. PROCLAMATION HONORING .JOYCE DAUGHERTY ON HER
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF UTILITY SERVICES
The Board read the Proclamation into the record.
7.H. REQUEST TO ENTER INTO A SUPPLEMENTAL PUBLIC
TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2007-088 authorizing the execution of a Public
Transportation Supplemental Joint Participation
Agreement with the Florida Department of Transportation.
7.1. LIGHTNING PREDICTION SYSTEMS
Vice Chair Bowden sought to clarify her understanding that this was a sole source
provider of lightning prediction and was the only one in the United States. Commissioner Davis
also had concerns when he saw the "sole source provider", and that there were no competitive bids.
He heard that Vero Beach High School has used the same provider and they were satisfied with the
system, which has placed him in a more comfortable position. Vice Chair Bowden's concerns
were that no one else in the Country has the system, and whether staff had gone to look at it.
Administrator Baird provided background on the system, and after discussions
regarding the use of the system, he offered to pull this item and bring it back with a presentation.
Commissioners agreed and expressed the desire to hear from others who may have used this
particular system for a period of time.
September 11, 2007 8
There was CONSENSUS for this item to be researched and
brought back to the Board with a presentation on the
advantages or disadvantages of using the system.
7.J. APPROVAL OF FINAL INVOICE AND FINAL RELEASE OF RETAINAGE
FOR ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC., WORK
ORDER No. I FOR EGRET MARSH REGIONAL STORMWATER PARK
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved and
authorized payment of Environmental Consulting &
Technology, Inc.'s final Invoice No. 073014 (including
release of retainage) in the amount of $13,671.72, as
recommended in the memorandum of August 27, 2007.
7.K. APPROVAL OF PROFESSIONAL SERVICE AGREEMENTS FOR ANNUAL
GEOTECHNICAL SERVICES CONTRACT, 2007-2008-IRCPROJECT
No. 0534
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Fee Schedules and Agreements with CTI -Construction
Testing & Inspection, Inc., of Vero Beach, AM
Engineering and Testing, Inc., of Ft Pierce, Dunkelberger
Engineering & Testing Inc., of Port St. Lucie, and Ardaman
& Associates, Inc., of Port St. Lucie, all as recommended in
the memorandum of August 17, 2007.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
September 11, 2007 9
7.L. INTERFUND BORROWING
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved for
interfund borrowing as necessary to cover any cash deficits
of individual funds that may occur, as recommended in the
memorandum of September 5, 2007.
7.M. MISCELLANEOUS BUDGET AMENDMENT 024
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2007-089 amending the Fiscal Year 2006-2007
budget.
7.N. APPROVAL TO PURCHASE 911 RECORDING EQUIPMENT FROM
REPLAY SYSTEMS
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
sole source purchase of the 24 channel RACAL recorders
from Replay Systems to include installation in the amount
of $52,330.00, as recommended in the memorandum of
August 31, 2007.
7.0. APPROVAL OF RENEWAL FORA CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR SENIOR RESOURCE
ASSOCIATION TO PROVIDE WHEELCHAIR SERVICES
September 11, 2007 10
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
renewal of the Class "E" Certificate of Public Convenience
and Necessity for the Senior Resource Association, to be
effective for a period of two (2) years from October 2, 2007
to October 2, 2009, as recommended in the memorandum
of August 31, 2007.
7.P. RENEWAL OF SERVICE AGREEMENT FOR INDIAN RIVER COUNTY
SHERIFF OFFICE E911 PUBLIC SAFETY ANSWERING POINT (PSAP)
MGE UPS ONA SOLE SOURCE BASIS FROMMGE UPS SYSTEMS,
INC.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
renewal of the Service Agreement for the Indian River
County Sheriff 's Office E911 Public Safety Answering
Point system, at a cost of $5,082.30, as recommended in the
memorandum of August 30, 2007.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.Q. REPLACEMENT OF DC CAPACITOR AND BATTERIES FOR MGE UPS
SYSTEM AT THE IR CSO 911 CENTER
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
replacement of the 36 NPX-150R batteries and DC
Capacitor at a total cost of $9,000.00, as recommended in
the memorandum of September 4, 2007.
September 11, 2007 11
7.R. JL W MANAGEMENT CORP REQUEST FOR FINAL PLAT APPROVAL
FOR A PLAT -OVER -SITE -PLAN SUBDIVISION TO BE KNOWN AS
BELLA RosA
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously granted final
plat approval for Bella Rosa Subdivision, as recommended
in the memorandum of August 30, 2007.
7.S. CR 512, I-95 TO ROSELAND ROAD -IRC PROJECTNo. 9611
ADDENDUM #8, TASK B, REQUEST FOR FINAL RELEASE OF
RETAINAGE
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
release of retainage for Addendum No. 8 — Task B, in the
amount of $1,800.00, as recommended in the memorandum
of August 30, 2007.
7.T. APPROVAL OF BID AWARD FOR IRC BID #2007086 TRAILER
MOUNTED 4" SELF -PRIMING DOUBLE DIAPHRAGM, PUBLIC WORKS
DEPARTMENT /ROAD AND BRIDGE DIVISION
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Bid award to Neff Rental, Inc., as the lowest most
responsive and responsible bidder meeting the
September 11, 2007 12
specifications as set forth in the Invitation to Bid, and as
recommended in the memorandum of September 4, 2007.
7.U. INDIAN RIVER COUNTY BID # 2007085 COMPACT HYDRAULIC
EXCAVATOR WITH POWER TILT & BUCKET ATTACHMENT, ROAD
AND BRIDGE DEPARTMENT
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously rejected all
bids, and directed the Road & Bridge Department to revise
the specifications and re -bid this item, as recommended in
the memorandum dated August 31, 2007. Staff
determined, after completing the review process, that only
one bidder successfully met the specifications set forth in
the Invitation to Bid.
7.V. APPROVAL OF BID AWARD FOR IRC BID # 2007088 RESURFACE
ACTIVITY POOL AT NORTH COUNTY ACQUATIC CENTER,
RECREATION DEPARTMENT
Vice Chair Bowden questioned the age and the frequency of recoating the pool. She
also questioned the "huge difference" in the $18,000.00 versus $57,000.00 bids. Administrator
Baird informed her that the pool was probably over five (5) years old and in immediate need of
resurfacing. He also explained discrepancies in Bid amounts and the warranty period.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Bid award to Family Pools Incorporated, as the lowest most
responsive and responsible bidder meeting the
September 11, 2007 13
specifications as set forth in the Invitation to Bid, and as
recommended in the memorandum of August 28, 2007.
7.W. REQUEST TO RENEW A PUBLIC TRANSPORTATION SUPPLEMENTAL
JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT)
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2007-090 authorizing the execution of a Public
Transportation Supplemental Joint Participation
Agreement with the Florida Department of Transportation.
7.X. SELECTION OF PROFESSIONAL LAND SURVEYING AND
MAPPING/GIS FIRMS, 2007 ANNUAL SERVICES CONTRACT NO.
0725, REQUEST FOR QUALIFICATIONS (R.F.Q.) No. 2007064
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
six (6) firms selected and authorized staff to continue
contract negotiations with said firms for the Professional
Land Survey/GIS continuing services contract, as
recommended in the memorandum of September 4, 2007.
7.Y. KIMLEY-HORN & ASSOCIATES, INC., REQUEST FOR EXTENSION OF
PD PLAN/PLAT APPROVAL FOR THE SAM'S CLUB EXPANSION
(QUASI JUDICIAL)
Vice Chair Bowden wanted, for the record, to be updated on the process. Deputy
County Attorney Bill DeBraal provided an update on the expansion project.
September 11, 2007 14
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Kimley-Horn & Associates, Inc.'s request for a one-year
extension of the revised, approved PD plan for Sam's Club
with all original approval conditions to remain in effect, as
recommended in the memorandum of September 4, 2007.
The new site plan approval expiration date will be July 18,
2008.
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
9. PUBLIC ITEMS -
A. PUBLIC HEARINGS - NONE
9.B. PUBLIC DISCUSSION ITEMS
I. REQUEST TO SPEAK FROM RAYMOND W. BATT ON BEHALF OF VISTA
GARDENS
Raymond Batt, 36 Vista Gardens Trail, speaking on behalf of the residents of Vista
Gardens & Vista Royale, complained about weeds and the lack of maintenance to the Vista
Meadows Golf Course. Among the list of concerns were: ponds shrinkage, ponds filled with
scum, which impedes water run-off, drainage problems, the likelihood of severe flooding in the
event of a storm, and snakes, which have become a public nuisance. He cited the Public Nuisance
Code, which is supposed to protect them, and thought a simple solution would be an amendment to
Chapter 973 LDR that would cover non -platted properties that are within or surrounded by condos
or homeowners association communities.
September 11, 2007 15
Community Development Director Bob Keating reported that Community
Development has been dealing with this for a while, and staff has sent out a Notice of Code
Violation on the ponds. He acknowledged that Chapter 973 LDR does not give the County
authority to take Code Enforcement or Nuisance Abatement action on a golf course. He explained
that our regulations only prohibit weeds and grass over 18 inches in height. He then suggested the
Board hear from Chuck Sullivan who was representing the Golf Course.
Director Keating and Director DeBlois responded to questions from the Board,
which involved the time frame for the stormwater system clean up; if there were any responses to
the Code Notices sent out, and whether there was a remedy. Chairman Wheeler thought they
should hear from Mr. Sullivan before giving direction to staff
Charles Sullivan, Jr., Vista Golf Corporation, argued that the golf course is a
private business and private property which has gone out of business because it does not generate
any money as a golf course, but they were trying to remedy that with a plan to open the driving
range and a restaurant by 1st October, in the hope to generate some money to help with
maintenance. They have scheduled a meeting to have the issue of stormwater resolved, and have
mowed a substantial portion of the grass below 18 inches. He assured the Board that they want to
solve the problems, but to maintain the grounds under golf course conditions is phenomenally
expensive and they cannot afford to do that if the businesses are not open.
After in-depth discussions and debate about the issues to be first addressed, the
Chairman opened the floor to public comments.
Charles Dvoran, of Grand Royale and Vista Royale Property Owners Association
reported that Mr. Sullivan told them that he could run an 18 -hole golf course, but he has to build on
the other nine, which was not what he was hearing presently. Mr. Dvoran felt it should be out in
the open that Vista intends to build.
September 11, 2007 16
Ron Schrader, owner of two units in Vista Gardens (Bldg. 4, #201 and Bldg. 1,
#104), felt that conditions at the golf course have lowered their property values.
Anna Aymonin, 5 Vista Gardens Trail, Apt. 101, was one of the residents who saw
a snake on the golf course, and wants to see the course maintained.
Chuck Riotto, Vista Gardens, Building 14 #102, bought into that property because
of the scenic beauty, which is all gone now.
Katherine Sherry, owner of seven units at Vista Royale, and a member of the Golf
Course Taskforce, was told by Mr. Sullivan, Jr., and his Father that they would mow the land or
bush -hog it a couple times a year, and that has not been done.
Stella Wetzel, Vista Royale, argued that when the Sullivans took possession of the
property it was in top shape, and they should have tried to maintain it.
Mr. Sullivan defended comments that purports they bit off more than they could
chew. He further discussed the lease, and the difficulty of maintaining the golf course.
Vice Chair Bowden understood the frustration of living in a situation that is not
pleasing. She urged Mr. Sullivan to get with the County Attorney's Office and staff to try to
resolve the matter as quickly as possibly, and asked to be informed of the meeting date. Other
Commissioners agreed that a cautious approach be taken when looking at the Ordinance
Chairman Wheeler desired to see staff review Chapter 973 and come back with
some options. Commissioner Davis did not want to give false hope that an ordinance change
would make the problems go away. The Commissioners saw the need to look to the future so this
problem does not reoccur, and at the same time resolve the current issues with the golf course
immediately.
September 11, 2007 17
There was CONSENSUS among Board members for staff
to prioritize and deal with this matter as soon as possible.
No Board action required or taken.
The Chairman called a recess at 10:23 a.m., and reconvened the meeting at 10:38
a.m., with all members present.
2. REQUEST TO SPEAK FROM STEVE MYERS REGARDING REGIONAL
RESIDUALS DEWATERING FACILITY OPERATIONS
Steve Myers requested that this item be deferred and placed under "Departmental
Matters", Item 11.J.1. Board members unanimously agreed.
3. REQUEST TO SPEAK FROM WILLIAM WELLS REGARDING
RESOLUTIONS TO MATTERS BROUGHT TO THE COMMISSION
William Wells, 8800 44th Avenue, referred to a handout to Commissioners, which
outlined a number of issues he was seeking to resolve. He disputed a survey from the County,
which he claimed was made up after the fact, as well as the walls on the "8810 property", which
does not meet Code standards. He wanted closure and resolution of the issues, and wanted it in
writing.
Administrator Baird addressed some of Mr. Wells' concerns, and observed that the
majority were St. Johns Water Management District problems, such as a dock permit, and a dock
extension and relocation of a boatlift.
(Clerk's Note: Vice Chair Bowden exited the meeting at 10:44 a.m.)
September 11, 2007 18
Further discussion ensued regarding an incorrect survey, and Chairman Wheeler
suggested that Mr. Wells meet with the County's Environmental Protection Chief, Roland DeBlois
and go over the punch list, and if there were any objections he should return to the Board.
(Clerk's Note: Vice Chair Bowden rejoined the meeting at 10:46 a.m.)
After considerable discussions and debate among Commissioners, Mr. Wells, and
County staff, the Board agreed that Mr. Wells should get with County staff to address these
problems specifically.
9.C. PUBLIC NOTICE ITEMS
I. NOTICE OF SCHEDULED PUBLIC HEARING — SEPTEMBER 18, 2007:
BOARD CONSIDERATION TO APPROVE PURCHASE OF CONSERVATION
EASEMENTS ON THE "PADGETT BRANCH" SITE UNDER THE COUNTY
ENVIRONMENTAL LAND ACQUISITION PROGRAM
The Chairman read the Notice into the record.
10. COUNTY ADMINISTRATOR MATTERS - NONE
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
I. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE
STRUCTURES (QUASI JUDICIAL)
Building Official Buddy Akins explained that staff had proposed condemnation of
structures on two properties: the property of George & Estelle Fields, 4246 28th Avenue, and the
September 11, 2007 19
property of Joseph S. Filburn, 8960 44th Avenue. Staff has deemed the structures to be unsafe and
uninhabitable, according to the Property & Maintenance Code of Indian River County, and
recommended condemnation of said structures on the subject properties.
Commissioner O'Bryan questioned whether the owners were notified of the pending
action today. Mr. Akins affirmed that the property owners were aware, and had proof by way of a
signed returned receipt that certified mail was delivered to the addressees. To date, Mr. Akins had
not heard from any of the property owners.
Commissioner Davis sought confirmation that legally everything was in order for
staff to proceed on this issue. County Attorney William Collins assured him that all legal steps
have been followed as required by law.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously declared
the subject 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
September 11, 2007. The Board also approved Resolution
2007-091 providing for the demolition of unsafe structures
and the recovery of cost.
11.A.2 ROBERT AND NANCYMARSHBANKS' APPEAL OF THE PLANNING
AND ZONING COMMISSION'S APPROVAL OF THE TREASURE COAST
MONTESSORI SCHOOL'S ADMINISTRATIVE PERMIT USE AND MAJOR
SITE PLAN APPLICATION FOR A PRE SCHOOL / CHILD CARE
FACILITY AT 6320 8TH STREET
September 11, 2007 20
Robert Marshbank, 6296 8th Street, who has two lots immediately east of the
property in question, believed there are not enough parking spaces to accommodate the number of
people he calculated to staff eighty-one (81) students. He complained that the traffic study made
available to him did not address 58th Avenue on 8th Street west to 66th Avenue, and believed it
would be an impact the County could not handle.
Commissioner Davis asked whether there was a Murphy Deed on this property for
the future widening of 58th Avenue.
Planning Director Stan Boling outlined the nature of the appeal. He displayed an
aerial view of the subject streets showing surrounding properties and current zoning. Through his
memorandum dated August 24, 2007, he provided background, and addressed the respective
concerns of Mr. Marshbank, especially parking impact. Director Boling also addressed questions
from the Board.
Daryl Peterson, 6300 8th Street, owner of property directly east of the proposed
Montessori School, voiced opposition to the request, citing traffic impact as a major concern. He
hoped to see a traffic study that addressed 58th and 63rd Avenues.
Director Boling explained how the Board could add conditions to limit staffing and
the number of children. County Traffic Engineer Chris Mora addressed traffic issues and
responded to questions from the Board regarding peak hour trips, number of school days per week,
the total number of students, and whether there were restrictions on the number of days per week.
Chairman Wheeler commented that Mr. Peterson kept referring to this property as
commercial, and believed churches, schools and Child Care Centers need to be in neighborhoods
and not commercial districts.
Motion WAS MADE by Commissioner O'Bryan,
Seconded by Chairman Wheeler, to accept staffs
September 11, 2007 21
recommendation, finding that the Planning and Zoning
Commission did not fail in its review, and that the Board
uphold the Planning & Zoning's decision to approve the
Administrative Permit and major site plan application.
Sandy Hamerick, Principal of the Montessori School, responded to questions from
the Board which involved limiting the number of students, conforming to a typical five (5) days a
week preschool or childcare facility, and whether she would find it overbearing if the facility was
limited to five (5) days a week.
facility.
The Board debated the necessity for restrictions on the daily operations of the
Motion WAS AMENDED by Commissioner O'Bryan,
SECONDED by Chairman Wheeler, to add conditions to
limit the total number of students to 81, and for the
operation of regular programs day or evening.
Board members and staff discussed further the restrictions on student count and
whether there was need for more parking.
Melodie, a parent from Hammock Lakes, off 1st Street SW, implored the Board to
not delay the process.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board found that the Planning
and Zoning Commission (P&Z) did not fail in regard to any
of the four appeal review areas, and upheld P&Z's decision
to approve the administrative permit and major site plan
applications, on condition that the facility be limited to 81
September 11, 2007 22
students, and operate under a 5 -day work week, as
recommended in the memorandum of August 24, 2007.
11.B. EMERGENCY SERVICES - NONE
11.C. GENERAL SERVICES
1. APPROVAL OF DEMOLITION PRIVITY AGREEMENT — CROSS
ENVIRONMENTAL SERVICES
General Services Director Tom Frame updated the Board on the proposal to
demolish the old County Administration Building and to possibly use the demolition debris for
construction of artificial reef Director Frame thereafter responded to questions from the Board
regarding the disposal of debris, and additional costs.
Jonathan Gorham, Coastal Resource Manager, debated whether they could use the
material for artificial reef development, and the possibility of State funding for this project. Mr.
Gorham also responded to questions from the Board regarding cost for storage, and the use of
other available materials, like culverts, for artificial reef.
Vice Chair Bowden thought it was a good process, but questioned the $37,000.00
additional cost to haul the debris to the storage facility in Fort Pierce. Commissioner Davis
suggested making other organizations aware of the availability of the debris for use as an artificial
reef, thus taking the burden off the County. Director Frame expressed staff s desire to move
rapidly with the demolition process, preferably about October 25, 2007. Vice Chair Bowden and
Commissioner Davis opted to go with the original plan, as long as the original plan does as much
recycling as possible.
September 11, 2007 23
Bob Johnson, Coral Wind Subdivision, was concerned about the historic plaques
that are still in the building, and offered to take responsibility for them. Administrator Baird
informed him that the plaques have been removed and he was already contemplating a relocation
site.
Facilities Manager Lynn Williams responded to questions from the Board regarding
the $500.00 per truckload cost. Administrator Baird clarified that there was going to be separation
handling and trucking, and the material would be crushed on site.
ON MOTION by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Privity Agreement and authorized the Chairman to
execute said document. The Board also authorized the
County Administrator to approve any additional cost as
identified in the unit cost proposal not to exceed his
approval authority, if additional work is necessary
associated with asbestos abatement, all as recommended in
the memorandum of September 5, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called a recess at 12:12 p.m., and reconvened the meeting at 12:26
p.m., with all members present.
11.D.
11.E.
11.F.
HUMAN RESOURCES - NONE
HUMAN SERVICES - NONE
LEISURE SERVICES - NONE
September 11, 2007 24
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION - NONE
11.I.1 PUBLIC WORKS - S.R. 60 AND 58TH AVENUE,
ALTERNATIVE CORRIDOR STUDY - FINAL REPORT
Assistant Public Works Director Chris Mora, through his memorandum of
September 5, 2007, presented the Alternative Corridor Study Final Report conducted for the
intersection of SR 60 and 58th Avenue widening. He showed an aerial view of the intersection in
its current state with the proposed expansion, and a view of the anticipated completed intersection.
Mr. Mora responded to pertinent questions from Board members, and announced
that the anticipated construction would be 2008-2009. A brief discussion ensued on whether the
proposed time frame for construction was realistic. Mr. Mora explained that 2008-2009 was
actually the construction date, which will take completion into 2009-2010.
Commissioner Davis proposed a consideration of some type of incentive for the
contractor to try to get the work done ahead of schedule, which could entail overtime and
additional cost. He desired to see that as an option in the bid package. Vice Chair Bowden
contemplated whether nighttime construction would also be an incentive. Mr. Mora explained
why nighttime construction is done on I-95 and the Turnpike, pointing out that there are costs
attached to nighttime construction.
Brian Good, Kimley Horn & Associates, in response to questions about
"community college lands", assumed that certain roads under the 5 -year plan, like the 66th Avenue
project, would be in place, and would connect with College Lane down to Oslo Road. Mr. Good
September 11, 2007 25
responded to questions from the Board including peak hour trips in the vicinity of the College and
other areas.
Bob Johnson, Coral Wind Subdivision, wondered how the public would get around
while construction on 58th and SR 60 was underway.
Board members debated and considered alternative routes and which was best.
Motion WAS MADE by Commissioner Davis,
SECONDED by Vice Chair Bowden, to go forward with
Alternative 1, widening of the intersection, and to try to
keep some type of viability between Routes 1 —5.
Vice Chair Bowden reiterated the need to look into nighttime construction, and
wanted to educate the community well ahead of time on what the County is doing. Public Works
Director Jim Davis thought this would be an excellent candidate for night work, but felt
construction at nights in residential neighborhoods would be noisy.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved Alternative 1,
accepting the study results, and authorized staff to continue
with planned intersection improvements at the intersection
of SR 60 and 58th Avenue, as recommended in the
memorandum of September 4, 2007.
11.I.2 RESOLUTIONS TO PROVIDE FOR THE PAVING AND
DRAINAGE IMPROVEMENTS TO AND SET PUBLIC
September 11, 2007 26
HEARING DATE FOR: 1ST ROAD FROM 35TH AVENUE TO
32ND AVENUE IN VERO BEACH HOMESITES SUBDIVISION
- IRC PROJECT NO. 0522
Public Works Director Jim Davis presented this item to the Board by recapping his
memorandum of September 4, 2007. He asked the Board to approve staffs recommendation to
adopt the resolution providing for the project; to allocate $219,253.79 from the Petition Paving
Account; and to adopt the resolution setting the time and place of the Public Hearing — October 2,
2007, at 9:05 a.m.
On Motion by Vice Chair Bowden, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2007-092 providing for certain paving and
drainage improvements to 1st Road from 35th Avenue to
32nd Avenue, in Vero Beach Homesites Subdivision,
providing the total estimated cost, method of payment of
assessments, number of annual installments, and legal
description of the area specifically benefited.
The Board also approved Resolution 2007-093 setting a
time and place at which the owners of property on 1st Road
from 35th Avenue to 32nd Avenue in Vero Beach Homesites
Subdivision, County Project #0522 and other interested
persons may appear before the Board of County
Commissioners and be heard as to the propriety and
advisability of making paving and drainage improvements
to said property as to the cost thereof, as to the manner of
payment therefore, and as to the amount thereof to be
September 11, 2007 27
specifically assessed against each property benefited
thereby.
11.L3 RIGHT-OF-WAY ACQUISITION 66TH AVENUE SOUTH OF
8TH STREET, ROBERT W. AND JO AN SCHLITT HUSBAND
AND WIFE (DEFERRED FROM SEPTEMBER 4, 2007
MEETING)
Public Works Director Jim Davis presented this item by recapping his memorandum
of August 23, 2007. He pointed out that this right-of-way acquisition was tabled at last week's
meeting to facilitate more information being brought to the Board. He asked the Board to approve
staffs recommendation to approve the $100,000.00 purchase price.
Commissioner O'Bryan reconsidered the appraisal and thought the negotiated price
was within a reasonable range of the appraisals. He asked Director Davis if this would resolve the
issue with the Schlitts. Director Davis affirmed that it would.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously approved
Alternative 1, the $100,000.00 purchase and authorized the
Chairman to execute the Agreement, as recommended in
the memorandum of August 23, 2007.
11.J. UTILITIES SERVICES -
1. REGIONAL RESIDUALS DEWATERING FACILITY OPERATIONS
September 11, 2007 28
Utilities Director Erik Olson explained that this item was brought back for
clarification. He provided background by recapping his memorandum of August 23, 2007. He
recommended that the employee who currently oversees this facility not lose his job, but be
transferred to another facility as a wastewater operator. He noted that there would be a financial
impact to said employee.
Director Olson responded to questions from the Board regarding the transfer and
salary cut of the subject employee. Administrator Baird announced that a slot has been found for
the individual, but said individual would now earn $5,000.00 less.
Steve Myers, Teamster Local Union 769, appealed to the board to reject the Change
Order to Synagro, because the County would be circumventing the bidding process by allowing
Synagro to include this in their current Purchase Order. He suggested that instead of moving the
current Chief Operator into the vacant position that now exists, they eliminate the vacant position
and allow the current employee to run the new facility, which would give the County a net savings
of about $48,000.00.
Administrator Baird addressed the issues of operating costs, cost savings, and a
freeze on vacant positions.
After considerable discussions and debate regarding privatization, operating costs,
and the fate of the subject employee, Commissioners moved to disapprove staffs
recommendations.
Motion WAS MADE by Commissioner Flescher,
SECONDED by Commissioner O'Bryan, to disapprove
staff s recommendation.
More discussions ensued regarding ramifications, if any; the cost difference of using
the employee versus the contractor; and the anticipated cost if the matter is delayed for about seven
(7) months.
September 11, 2007 29
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board REJECTED staff's
recommendation to approve the Change Order to the
Synagro existing Purchase order to include the additional
$68,800.00 for employee staffing the facility, as
recommended in the memorandum of August 23, 2007.
Board members expressed the desire to revisit this issue in about seven (7) months.
11. J.2. VERO CADILLAC DEVELOPER'S AGREEMENT FOR REPLACEMENT
OF 6 -INCH TRANSITE WATER MAIN
Utilities Director Erik Olson presented this item to the Board and provided
background by recapping his memorandum of August 30, 2007.
On Motion by Commissioner O'Bryan, SECONDED by
Chairman Wheeler, the Board unanimously approved the
Developer's Agreement, and authorized the Chairman to
execute same, as presented, and authorized that the
Developer be reimbursed for an amount up to $37,922.00,
as recommended in the memorandum of August 30, 2007.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called a recess at 2:01 p.m., and reconvened the meeting at 2:09
p.m., with all members present.
12. COUNTY ATTORNEY MATTERS - NONE
September 11, 2007 30
13. COMMISSIONERS ITEMS
A. COMMISSIONER GARY C. WHEELER, CHAIRMAN -
NONE
B. COMMISSIONER SANDRA L. BOWDEN, VICE
CHAIRMAN - NONE
C. COMMISSIONER WESLEY S. DAVIS
1. PERMISSION TO ADVERTISE FOR PUBLIC HEARING: AN
ORDINANCE AMENDING INDIAN RIVER CODE CHAPTER 973
NUISANCE ABATEMENT
Commissioner Davis explained that it was Code Violation, which included
construction debris and high grass that brought about this request. He consulted with the County
Attorney's office to review the process, which was deemed "nuisance abatement".
Community Development Bob Keating explained the two alternative ways provided
by our LDR Chapter 973 to deal with public nuisances. Staff felt that if there was no legal reason
we cannot do it, we should eliminate the handcuffing we have in the ordinance and allow ourselves
the flexibility to use either process.
Chairman Wheeler agreed with Commissioner Davis that some of these things need
be taken care of in a quicker manner, faster than at the pace of government.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner O'Bryan, to "not handcuff
ourselves in the ordinance so we could have alternatives."
September 11, 2007 31
After detailed explanation and provision of options of how the County may proceed
in its review of Chapter 973, and interpretation of the Code Enforcement Statute by Attorney
Collins, Commissioner Davis expressed a desire to proceed with advertising for a public hearing to
consider amending the County's Code.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously granted
permission to advertise for a Public Hearing for An
Ordinance Amending the Indian River Code Chapter 973
Nuisance Abatement.
D. COMMISSIONER JOSEPH E. FLESCHER
I. APPOINTMENT OF COMMISSION LIAISON TO THE INTERLOCAL
SERVICE BOUNDARY AGREEMENT WORKING GROUP
Commissioner Flescher explained why he placed this item on the Agenda. He has
been attending Interlocal Agreement discussions/meetings between municipalities and believed
the County should have a dedicated liaison in the form of an elected official.
Commissioner Davis thought it would be good for one of them to be there.
Chairman Wheeler was opposed to the request, as he believed the presence of any elected official
from the County would present a "subliminal pressure" on the negotiations, and he wanted to keep
the influence of politics out of those meetings.
Commissioner Flescher pointed out that the Statutes encourage elected government
officials to participate actively and directly in the negotiation process for developing an Interlocal
Service Boundary Agreement. He believed his presence was very supportive of the process, and
September 11, 2007 32
he had not heard any objection to his being there. He thought it would be in the best interest of the
citizens for us to have a liaison.
Chairman Wheeler wanted all Commissioners to be informed at the same time, and
thought it would be an error to attend when none of the City Council members attend those
meetings. Commissioner O'Bryan thought that if a decision is made for a Commissioner to attend
the meetings, then they should rotate among all five Commissioners, so each would be exposed to
the process.
Chairman Wheeler reiterated his desire to keep politics and politicians out, and to let
City and County staff debate, argue, and negotiate the best possible solution.
Motion WAS MADE by Commissioner Davis,
SECONDED by Vice Chair Bowden, to allow
Commissioner Flescher to be the County's designee for the
Interlocal Service Boundary Agreement negotiations.
Vice Chair Bowden did not have a problem with Commissioner Flescher being the
liaison, but felt that if another Commissioner wanted to attend a meeting, he/she should be given
the opportunity to alternate.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners Wheeler and O'Bryan opposed), the
Motion CARRIED.
E. COMMISSIONER PETER D. O'BRYAN
September 11, 2007 33
I. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO
ADOPT THE GREEN RESOLUTION
Commissioner O'Bryan reminded the Board of past actions on this matter, and
requested that the Board approve the Green County Resolution, authorizing the application to the
Florida Green Building Coalition, Inc., for certification of Indian River County as a certified
Florida Green Local Government, and to demonstrate a significant commitment on the part of
Indian River County Government to establish policies, guidelines, goals, and strategic actions to
promote sustainability.
Motion WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Wheeler, under discussion, to
accept the resolution and to move forward with the
application to be a local green government.
Although Vice Chair Bowden wanted the County to be on the cutting edge and the
forefront, she was not ready to proceed with this request, because she had various questions that
had not been answered.
Commissioner O'Bryan attempted to provide answers to some of Vice Chair
Bowden's concerns regarding certification and cost. He foresees tremendous cost savings to the
County.
Amy Thoma, 1769 Pointe West Way, and a member of the Florida Green Building
Coalition Board of Directors, explained the criteria for the Florida Green Building Coalition
application. She also explained that the Florida Green Building Coalition is a non-profit, mostly
volunteer run organization, which started in 2000 and is mainly made up of all different industry
components.
September 11, 2007 34
Vice Chair Bowden was still not satisfied and wanted more information.
Commissioner Davis felt it was important for us to move forward unanimously with this, and
asked Commissioner O'Bryan if he could delay his request to provide some answers to Vice Chair
Bowden. Commissioner O'Bryan wanted to move forward because everyday was a lost
opportunity.
Jimmy Granse, 2364 57th Circle, connects the term "green" with power, as far as
gasoline refineries and nuclear energy are concerned. He thought the cheapest power was nuclear
energy, and found that the "green" project has stymied that.
Commissioner Flescher was very supportive of the initiative, but shared some of the
same concerns as Vice Chair Bowden. He appealed to Commissioner O'Bryan to delay his
request, because he wanted to see unanimous support for this.
Bob Johnson, Coral Wind Subdivision, agreed with Vice Chair Bowden that we
need to know more about what we are getting into.
Ms. Thoma said the State was putting aside monies to reimburse funds put in by
cities. She urged support of this initiative. She explained to Chairman Wheeler the different levels
and cost of certification, as well as the "opt -out" process.
It was obvious to Commissioner O'Bryan that there was not enough support for his
request, and he thought it was important that the community see full support from this
Commission. He subsequently WITHDREW his Motion.
MOTION WITHDRAWN by Commission O'Bryan
There was CONSENSUS to bring this item back to the Board at a later meeting with
more information.
September 11, 2007 35
Commissioner O'Bryan, with the Board's permission, directed anyone with specific
concerns to visit the Green Building Coalition's website, or to present their concerns to him in
writing.
14. SPECIAL DISTRICTS AND BOARDS
A. EMERGENCY SERVICES DISTRICT NONE
B. SOLID WASTE DISPOSAL DISTRICT - NONE
C. ENVIRONMENTAL CONTROL BOARD
(Clerk's Note: Item 7.D., on the Consent Agenda was moved and heard here.)
RESIGNATION AND APPOINTMENT OF MEDICAL DOCTOR POSITION
TO THE ENVIRONMENTAL CONTROL HEARING BOARD
On Motion by Commissioner O'Bryan, SECONDED by
Vice Chair Bowden, the Board approved the appointment
of Dr. Matthew Zoffer to the Environmental Control
Hearing Board, replacing Dr. John W. McDonald who has
resigned.
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.
September 11, 2007 36
15. ADJOURNMENT
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 3:04 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Gary C. Wheeler, Chairman
Minutes Approved:
BCC/AA/2007 Minutes
September 11, 2007 37