HomeMy WebLinkAbout10/04/2005INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 4, 2005
1. CALL TO ORDER........................................................................................1
2. INVOCATION...............................................................................................1
3. PLEDGE OF ALLEGIANCE......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS............................................................................................................2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING THE
MONTH OF OCTOBER, 2005 AS NATIONAL ARTS AND
HUMANITIES MONTH..............................................................................2
5.B. PRESENTATION OF PROCLAMATION IN RECOGNITION OF
SUPPORT OF PROJECT H.O.P.E. — CHILDREN AND FAMILY
SERVICES.....................................................................................................2
5.C. PRESENTATION BY CEO MIKE HINT OF UNITED WAY OF
INDIAN RIVER COUNTY..........................................................................3
October 4, 2005 1
S.D. PRESENTATION OF AWARD TO KAREN WOOD, COUNCIL
ON AGING, BY LARRY WAPNICK, PRESIDENT, VETERANS
COUNCIL OF INDIAN RIVER COUNTY...............................................3
6.A. APPROVAL OF MINUTES........................................................................3
6.A. JOLVTMEETING WITH T T uc4E C0 "'' 'MARTIN COUNTY-AUGUSTI6, 2005
3
6.8. REGULAR MEETING OFAUGUST 23, 2005
113
7. CONSENT AGENDA...................................................................................4
7.A.
REPORTS.....................................................................................................................4
7.B
APPROVAL OF WARRANTS
- SEPTEMBER 2-8, 2005 ...................................................4
7.C.
APPROVAL OF WARRANTS
-SEPTEMBER 9-15,2005 ................................................. 5
7.D.
APPROVAL OF WARRANTS
- SEPTEMBER 16-22, 2005 ...............................................5
7.E.
APPROVAL OF OUT OF COUNTY TRAVEL FOR COMMISSIONERS AND STAFF TO
ATTEND TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS ANNUAL
BANQUET AND MEETING - NOVEMBER 4, 2005 - JOSEF'S AT BALLANTRAE,
PORTST. L UCIE.......................................................................................................... 5
7.F. REQUEST BY COMMISSIONER DAMS TO APPOINT RICHARD S. SMITH, DISTRICT
1 REPRESENTATIVE TO THE CHILDREN'S SERVICES ADVISORY COMMITTEE
(CSAC).......................................................................................................................6
7G APPOINTMENT OF MEMBERS TO THE CONSERVATION LANDS ADVISORY
COMMITTEE(CLAC).................................................................................................. 7
7.K REQUEST TO ATTEND THE TREASURE COAST REGIONAL PLANNING COUNCIL'S
SYMPOSIUM ON WORKFORCE HOUSING - OCTOBER 27, 2005 - IRC
COMMUNITY COLLEGE CHASTAIN CAMPUS/WOLF HIGH TECHNOLOGY CENTER
7
7.L OUT OF COUNTY TRAVEL FOR COMMISSIONERS TO ATTEND THE JOHN SCOTT
DAILEY FLORIDA INSTITUTE OF GOVERNMENT SEMINAR SERIES KELO V. CITY
OF NEW LONDON. THE IMPACT OF THE UNITED STATES SUPREME COURT
October 4, 2005 2
October 4, 2005 3
DECISIONONREDEVELOPMENTAND ECONOMICDEVELOPMENTINFLORIDA —
FLORIDA STATE UNIVERSITY......................................................................................8
7.J.
CITYAPPOINTMENT OF VERO BEACH COUNCILMEMBER DEBRA FROMANG TO
THE ENTERPRISE ZONE DEVELOPMENT AGENCYAS THE CITY OF VERO BEACH
LIAISON....................................................................................................................... 8
7.K
OUT OF COUNTY TRAVEL REQUEST FOR COUNTYADMINISTRATOR JOE BAIRD
TO ATTEND THE FLORIDA GOVERNMENT FINANCE OFFICER ASSOCIATION
SCHOOL OF GOVERNMENTAL FINANCE–NOVEMBER 14-18,2005 ...........................8
7.L.
PERMISSION TO ADVERTISE FOR PUBLIC HEARING AN ORDINANCE AMENDING
THE COUNTY CODE, DISASTER EMERGENCY PLANS, EMERGENCY MEASURES,
REQUIRING REGISTERED SEX OFFENDERS TO NOTIFY OPERATORS OF
TEMPORAR Y EMER GENCY SHEL TERS......................................................................... 9
7.M.
PROPERTY ACQUISITION – TAX ROLL REMOVAL & TAX CANCELLATION:
RESOLUTION 2005-150, 13TH STREET SW RIGHT OF WAY(4 LAKES LLC);
RESOLUTION 2005-151, 58TH AVENUE RIGHT-OF-WAY– VERO LA Go (CENTER
HOMES); RESOLUTION 2005-152, 35TH AVENUE SW RIGHT-OF-WAY (SHELBY
HOMES AT MILLSTONE); RESOLUTION 2005-153, 27H AVENUE SW
RIGHT–OF-WAY (SHELBY HOMES AT MILLSTONE); RESOLUTION 2005-154,
21sT STREET SW RIGHT-OF-WAY (SHELBY HOMES OF MILLSTONE);
RESOLUTION 2005-155, 23RD STREET SW RIGHT-OF-WAY (SHELBYHOMES AT
MILLSTONE); RESOLUTION 2005-156, COUNTY ROAD 512 RIGHT-OF-WAY
(RO ED CORP); RESOLUTION 2005-157, CR 512 RIGHT-OF-WAY – 2 PARCELS
(EDMUND ANSIN TRUST); RESOLUTION 2005-158, ENVIRONMENTALLY
SIGNIFICANT LAND RIGHT-OF-WAY (RONALD M. ANSIN); RESOLUTION
2005-159, 5TH STREET SW RIGHT-OF-WAY (RAMELL PROPERTIES);
RESOLUTION 2005-160, 81sT STREET RIGHT-OF-WAY (QUAIL CREEK
SUBDIVISION – RAMELL PROPERTIES); RESOLUTION 2005-161 UTILITIES
WWTP LAND BUCKNER; RESOLUTION 2005-162 — UTILITIES WWTP LAND -
REESE; RESOLUTION 2005-163 – UTILITIES WWTP LAND - TORRES;
RESOLUTION 2005-164 - UTILITIES WWTP LAND - IR INVESTMENT REALTY,
RESOLUTION 2005-165 - UTILITIES WWTP LAND - DAVIS, RESOLUTION
2005-166 - UTILITIES WWTP LAND - PRESTON)....................................................... 9
October 4, 2005 3
7.N.
PROCLAMATION HONORING PHILLIP A. HADSELL ON HIS RETIREMENT FROM
IRC SANDRIDGE GOLF CL UB..................................................................................
10
7.O.
APPROVAL OF RENEWAL FOR A CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR VETERANS COUNCIL OF INDIAN RIVER
COUNTYINC. TO PROVIDE WHEELCHAIR SERVICES ...............................................
11
7.P.
INVITATION FROM JOHN'S ISLAND GOLF CLUB FOR EMERGENCY SERVICES
STAFF TO PARTICIPATE INA ' PUBLICSAFETYDAY" GOLF OUTING......................
11
7.Q.
APPROVAL OF RENEWAL OF CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCEAND NECESSITYFOR ASSOCIATIONFOR RETARDED CITIZENS OF
INDIANRIVER COUNTY TO PROVIDE WHEELCHAIR SERVICES ...............................
11
7.R.
APPROVAL OF RENEWAL OF CLASS "E" AND CLASS "B" CERTIFICATES OF
PUBLIC CONVENIENCE AND NECESSITY FOR ALL CO UNTYAMB ULANCE INC. TO
PROVIDE WHEELCHAIRISTRETCHER AND INTERFACILITYAMBULANCE
TRANSPOR TA TION SER VI CES...................................................................................
12
7.S.
APPROVAL OF RENEWAL FOR A CLASS "C" CERTIFICATE OF PUBLIC
CONVENIENCEANDNECESSITYFOR COASTAL HEALTHSER VICES OFBREVARD,
INC. TO PROVIDE INTER-FA CILITYNEONATAL TRANSFERS WHICH ORIGINATE
ININDIANRIVER COUNTY........................................................................................
13
7. T.
TEMPORARY CONSTR UCTION EASEMENT — VERO BEACH CITY POLICE FIRING
RANGE - 41sT STREET AND 43RD AVENUE INTERSECTION IMPROVEMENT
PROJECT— PROJECT NO. 0236...............................................................................
13
7. U
FINAL PAYMENT AND RELEASE OF RETAINAGE FOR COASTAL TECHNOLOGY
CORP. — PROJECT NO. 0424 —PELICAN ISLAND NATIONAL WILDLIFE REFUGE
TIDAL MARSH PHASE 1-B........................................................................................
14
7. V
2005-2006 PROFESSIONAL LAND SURVEY SERVICES ANNUAL CONTRACT(S) —
BURDETTE & ASSOCIATES, INC., VERO BEACH, CARTER ASSOCIATES, INC.,
VERO BEACH, CREECH ENGINEERING, INC., MELBOURNE, KIMLEY-HORN &
ASSOC., INC., VERO BEACH, MASTELLER, MOLER & REED, INC., VERO BEACH,
MORGANEKLUND, INC., WABASSO.........................................................................
14
7. W
GEOGRAPHIC TECHNOLOGIES GROUP, INC. - PROFESSIONAL GEOGRAPHIC
INFORMATION SYSTEM (GIS) SERVICES (MASTER) AGREEMENT FOR THE
October 4, 2005 4
COUNTY GIS ENTERPRISE NEEDS ASSESSMENT AND FUTURE DEVELOPMENT
STaDY2005-2006 -PROJECT #0532....................................................................... 15
7.X. FINAL PLATAPPRovAL -INDIAN RIVER COUNTYPUBLIC WORKS AND SCHOOL
BOARD FACILITYSaBDIvIsIoN............................................................................... 15
7.Y WETLANDS SYSTEM BID #7059 - WASTEWATER TREATMENT FACILITY -
MAINTENANCE AND OPERA TION-ECOTECH CONSUL TANTS, INC .......................... 16
7.Z. BID #7086 - ODOR CONTROL SYSTEM UTILITIES DEPARTMENTIWASTEWATER
TREATMENT DIVISION -LIFT STATION #89 1500 SW 9TH STREET - REJECTED
16
7.AA. BID AWARD: #2006001 ANNUAL BID FOR UNIFORM RENTAL - GENERAL
SERVICES DEPARTMENTIPURCHASING DIVISION - ARAMARK UNIFORM
SERVICES.................................................................................................................. 17
7.BB. BID #2006002 ANNUAL BID FOR GENERAL FILL DIRT - PUBLIC WORKS
DEPARTMENTAWAD AND BRIDGE DIVISION - DICKERSON FLORIDA, INC ............. 17
7.CC.BID #2006003 ANNUAL BID FOR CORRUGATED STEEL AND ALUMINUM PIPE
PUBLIC WORKS DEPARTMENT ROAD AND BRIDGE DIVISION - CONTECH
CONSTRUCTIONPRODUCTS, INC., PINELLAS PARK, FLORIDA ................................. 18
7.DD.BID #2006005 ANNUAL BID FOR ROAD STABILIZATION MATERIAL - PUBLIC
WORKS DEPARTMENT ROAD AND BRIDGE DIVISION - STEWART MINING
INDUSTRIES, INC.-DICKERSON OF FLORIDA, INC .................................................. 19
ZEE. BID #2006006 ANNUAL BID FOR LIMEROCKAND/OR COQUINA ROCK -PUBLIC
WORKS DEPARTMENTIROAD AND BRIDGE DIVISION - STEWART MINING
INDUSTRIES, INC.-DICKERSONFLORIDA, INC ....................................................... 20
7.FF. BID #2006007 ANNUAL BID FOR SHELL MATERIAL PUBLIC WORKS
DEPARTMENT ROAD AND BRIDGE DIVISION - STEWART MINING INDUSTRIES,
INC. 21
7.GG.BID AWARD #2006008 - ANNUAL BID FOR DAY LABOR SERVICES - PUBLIC
WORKS DEPARTMENTAWAD AND BRIDGE DIVISION - FAMOSO, INC. DIB/A/
MANPOWER.............................................................................................................. 21
7.HH. CUSTODIAL SERVICES - JANITORIAL CONTRACT ADDENDUM #1 - HEVERON
GROUP, INC. (BEACHLAND CLEANING SERVICE) .................................................... 22
October 4, 2005 5
7.H RESOLUTION 2005-167 - 2005/2006 FEE SCHEDULE INDIAN RIVER COUNTY
HEALTHDEPARTMENT............................................................................................ 22
Ul CHILDREN'S SERVICES ADVISORY COMMITTEE CONTRACT FOR AGENCY
FUNDING.................................................................................................................. 23
7.KK COUNTY HEALTH INSURANCE RENEWAL CONTRACTS - BLUE CROSS BLUE
SHIELD OF FLORIDA (BCBSF) - SYMETRA FINANCIAL AND
BRADMANIUNIPSYCH.............................................................................................. 23
7.LL. USE OF OLD FELLSMERE SCHOOL FOR FELLSMERE FROGLEG FESTIVAL, INC..... 24
7 M INTERNATIONAL GOLF MAINTENANCE, INC. (IGM) CONTRACT - SANDRIDGE
GOLFCLUB.............................................................................................................. 24
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES — SUPERVISOR OF ELECTIONS KAY CLEM —
VOTER EDUCATION FUNDING — DEPARTMENT OF STATE,
DIVISION OF ELECTIONS.....................................................................25
8.B. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES — ROY RAYMOND, SHERIFF — REQUEST TO
DISBURSE $37,416.06 FROM THE MACE UNIT PROJECT
GENERATED INCOME (PGI) 10% DISCRETIONARY FUND
TO THE PARTICIPATING MULTI -AGENCY CRIMINAL
ENFORCEMENT UNIT AGENCIES......................................................25
9.A.1. PUBLIC HEARING — ORDINANCE 2005-043 — COUNTY
INITIATED REQUEST TO REZONE ±32.54 ACRES (200 FEET
NORTH OF 132ND STREET AND 120 FEET SOUTH OF 129TH
STREET) FROM RMH-8 TO ROSE -4 — INDIAN RIVER TWIN
ESTATES, MOBILE VILLA ESTATES, AND INDIAN RIVER
ACRES SUBDIVISION MOBILE HOME PARKS...............................26
October 4, 2005 6
9.A.2. PUBLIC HEARING — ORDINANCE 2005-044 — MORATORIUM
ON SMALL LOT SINGLE-FAMILY SUBDIVISION ..........................27
9.B.1. PUBLIC DISCUSSION — LARRY WAPNICK — REVIEW OF
TRANSPORTATION SCHEDULES FOR MASS TRANSIT IN
COUNTY CONCERNING VETERANS AND CEREMONIES ON
VETERANS' MEMORIAL ISLAND SANCTUARY ............................29
9.C. PUBLIC NOTICE ITEMS.........................................................................29
SCHEDULED PUBLIC HEARING OCTOBER 11, 2005: ......................................................... 29
REVISED FIVE-YEAR OPTIONAL SALES TAX CAPITAL PLAN FISCAL YEAR 2005/2006
THROUGH2O0912010............................................................................................... 29
NOTICE OF SCHEDULED PUBLIC HEARING OCTOBER 11, 2005: ...................................... 30
CRYSTAL SANDS PETITION WATER SERVICE 47TH & 48TH PLACES & 48TH STREET,
EAST OF 43RDAVENUE - INDIAN RIVER COUNTYPROJECTNO. UCP -2507............ 30
NOTICE OF SCHEDULED PUBLIC HEARING OCTOBER 11, 2005: ...................................... 30
KENNETH JACKSON'S REQUEST TO ABANDON A PORTION OF 46m STREET EAST OF
47H COURT IN CAVALIER ESTATES......................................................................... 30
10.A. COUNTY ADMINISTRATOR'S MATTERS — REQUEST FOR
EXECUTIVE SESSION MEETING TO DISCUSS UNION
NEGOTIATIONS — INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS (IAFF) LOCAL 2201 AND TEAMSTER LOCAL
769 LABOR AND TRADES......................................................................30
10.B. PLANNING AND ZONING COMMISSION (P&Z)
RECOMMENDATION TO HIRE A CONSULTANT
ENGINEERING FIRM TO ADVISE ON PROPER SCOPE OF
TRAFFIC STUDIES FOR ROAD IMPROVEMENTS .........................31
October 4, 2005 7
11.B.1. EMERGENCY SERVICES — APPROVAL OF EMERGENCY
OPERATIONS CENTER (EOC) GRANT FUNDING —
STATE -FUNDED SUBGRANT AGREEMENT NUMBER
06CP-4Z-10-40-01 — FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (DCA).............................................................33
11.B.2. ACCEPTANCE OF 2005/2006 EMERGENCY MANAGEMENT
FEDERALLY FUNDED HOMELAND SECURITY SUBGRANT
AGREEMENT NUMBER 06 -DS -3W-10-40-01 — FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS (DCA) ........................34
1LL1. PUBLIC WORKS — AUTHORIZATION TO EXPAND LIMITS
OF EXISTING ROADWAY PROJECTS - ADVERTISE NEW
ROADWAY PROJECTS TO EXPEDITE DESIGN AND
CONSTRUCTION — STANLEY CONSULTANTS - 66TH
AVENUE, CR 510, 43RD AVENUE, 4TH STREET & 82ND AVENUE
WIDENING, RFQ FOR 58TH AVENUE, 17TH STREET SW, 4TH
STREET, 8TH STREET, 12TH STREET AND 74TH AVENUE
IMPROVEMENTS.....................................................................................34
11.L2. PUBLIC WORKS — CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT — INTERSECTION
IMPROVEMENTS AT 66TH AVENUE AND CR 510 —
KIMLEY-HORN AND ASSOCIATES, INC...........................................35
11.L3. PUBLIC WORKS — PROFESSIONAL SERVICE AGREEMENT
FEE SCHEDULE FOR ANNUAL GEOTECHNICAL SERVICES
CONTRACT 2005-2006 — CTI CONSTRUCTION TESTING AND
INSPECTION, INC., VERO BEACH — AM ENGINEERING AND
TESTING, INC., FT. PIERCE, DUNKELBERGER
October 4, 2005 8
ENGINEERING & TESTING INC., PORT ST. LUCIE,
ARDAMAN & ASSOCIATES, INC., PORT ST. LUCIE - IRC
PROJECTNO. 0534 ...................................................................................36
11.I.4. PUBLIC WORKS — PROFESSIONAL CIVIL ENGINEERING
SERVICES AGREEMENT FOR CIVIL ENGINEERING AND
BRIDGE DESIGN SERVICES; 1) SIX LANE BRIDGE ON 53p'
STREET OVER LATERAL "H" CANAL (PROJECT NO. 0107-B;
2) BOX CULVERT IN THE RANGELINE CANAL AT 16TH
STREET & 74TH AVENUE (PROJECT NO. 9920-B) - RFQ 7058 -
BRIDGE DESIGN ASSOCIATES, INC..................................................36
11.J.1. UTILITIES -WORK ORDER NO. 1 — ENGINEERING
SERVICES DESIGNING THE BRINE LINE WATER MAIN
EXTENSION TO GRAND HARBOR MOSQUITO
IMPOUNDMENT RESTORATION SITE (SPOONBILL MARSH
— NORTH RELIEF CANAL) MASTELLER AND MOLER, INC.
(M&M)..........................................................................................................37
11.J.2. UTILITIES - GRAND HARBOR MOSQUITO IMPOUNDMENT
SITE FINAL PAY AND RELEASE OF RETAINAGE — WORK
ORDER NO. 6 FOR SURVEY SERVICES — MASTELLER,
MOLER AND REED, INC. (MMR) — UCP 2208 ...................................38
11.J.3. UTILITIES - CENTRAL AND SOUTH REGIONAL
WASTEWATER TREATMENT FACILITY ODOR CONTROL
PROJECT — RELEASE AND RETAINAGE AND FINAL
PAYMENT — INDIAN RIVER INDUSTRIAL CONTRACTORS,
INC................................................................................................................38
October 4, 2005 9
11.J.4. UTILITIES - CONTINUING CONSULTING SERVICES WORK
ORDER NO. 2 — PRELIMINARY ENGINEERING REPORT
(PER) — EXPANSION AND UPGRADE OF THE NORTH
REGIONAL WASTEWATER TREATMENT FACILITY TO 2.0
MGD — BROWN AND CALDWELL (B&C) — UCP 2695 ....................39
12.A. COUNTY ATTORNEY MATTERS — COUNTY CODE
CHAPTER 955 — MOVING OF STRUCTURES — THREE
BROTHERS AND A SISTER, LLC.........................................................39
12.B. COUNTY ATTORNEY MATTERS -BLACK BEAR RESERVE —
45TH STREET BETWEEN KINGS HIGHWAY AND 66TH
AVENUE - REQUEST TO CALL BOND — TIM ROSE
CONSTRUCTION - BRACKETT & COMPANY................................41
13.A CHAIRMAN THOMAS S. LOWTHER — READDRESS THE
CLOSING OF 50TH AVENUE BETWEEN STATE ROAD 60 AND
WALKER AVENUE — WAYNE WADSWORTH - LAKE PARK
SUBDIVISION.............................................................................................42
13.B. VICE CHAIRMAN ARTHUR NEUBERGER WEST WABASSO
WATER SYSTEM PROJECT - FUNDING FOR IMPACT FEES .....43
13.C. COMMISSIONER SANDRA L. BOWDEN — REQUEST TO
DELETE THE THIRD MEETING OF THE MONTH OF
DECEMBER - BOARD OF COUNTY COMMISSION MEETING
DECEMBER20, 2005.................................................................................45
October 4, 2005 t0
13.D.1. COMMISSIONER WESLEY S. DAVIS — PAYMENT OF
IMPACT FEES TO VEST CONCURRENCY AMENDING
INDIAN RIVER CODE CHAPTERS 910, 912, AND 1000 ...................45
13.D.2. COMMISSIONER WESLEY S. DAVIS — EMERGENCY ITEM -
LAKES AT SANDRIDGE BONDING (MR. LEES)..............................47
13.E. COMMISSIONER GARY C. WHEELER - NONE...............................49
14.A. EMERGENCY SERVICES DISTRICT - NONE...................................49
14.B. SOLID WASTE DISPOSAL DISTRICT.................................................49
14.8.1. APPROVAL oFMINUTES of REGULAR MEETING OFAUGUST 23, 2005 ................ 49
14.82. FLORIDA TLREREcYcLLNG, INC. (FIR) WASTE TLREAGREEMENT .................... 49
14.C. ENVIRONMENTAL CONTROL BOARD - NONE..............................49
October 4, 2005 1t
October 4, 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday,
October 4, 2005. Present were Chairman Thomas S. Lowther, Vice Chairman Arthur R.
Neuberger, and Commissioners Sandra L. Bowden, Wesley Davis and Gary C. Wheeler. Also
present were County Administrator Joseph Baird, County Attorney William G. Collins II,
Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria L Suesz.
1. CALL TO ORDER
Chairman Lowther called the meeting to order at 9:00 a.m.
2. INVOCATION
Deacon Joe DiMauro, St. Helen Catholic Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Joseph A. Baird led the Pledge of Allegiance to the Flag.
October 4, 2005 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Lowther requested the following changes to today's Agenda:
Additional Backup: Item 13.13.1. West Wabasso Community Water Project —
Impact Fee Funding
Additional Item: Item 13.D.2 Lakes at Sandridge Maintenance Bonding
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously made the
above changes to the Agenda.
5.A. PRESENTATION OF PROCLAMATION DESIGNATING THE
MONTH OF OCTOBER, 2005 AS NATIONAL ARTS AND
HUMANITIES MONTH
Commissioner Neuberger read and presented the Proclamation to Director Richard Stark
and Executive Director Mary Jane Kelly of the Treasure Coast Cultural Council.
5.B. PRESENTATION OF PROCLAMATION IN RECOGNITION OF
SUPPORT OF PROJECT H.O.P.E. - CHILDREN AND FAMILY
SERVICES
Commissioner Davis read and presented the Proclamation to the Manager of Project
H.O.P.E. Carolyn Hagler. Team Leader Shannon Wickham introduced the Team Members.
October 4, 2005 2
S.C. PRESENTATION BY CEO MIKE KINT OF UNITED WAY OF
INDIAN RIVER COUNTY
Mike Kint, CEO, United Way of Indian River County, thanked the Board for supporting
their activities in Indian River County.
S.D. PRESENTATION OF AWARD TO KAREN WOOD, COUNCIL ON
AGING, BY LARRY WAPNICK, PRESIDENT, VETERANS
COUNCIL OF INDIAN RIVER COUNTY
President of the Veterans Council of Indian River County Larry Wapnick read his memo
(copy on file) to present the award. Karen Wood was not present to accept the award.
6.A. APPROVAL OF MINUTES
6.A. .JOINT MEETING WITHAT Tyc-• l'"�MAR TIN COUNTY—AUGUST
l6, 2005
The Chairman addressed the correction to the agenda to read Martin County instead of St.
Lucie County and asked if there were any other corrections or additions to the minutes.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Neuberger, the Board unanimously
approved the Minutes of the Joint Meeting with Martin
County of August 16, 2005, as written and distributed.
October 4, 2005 3
6.B. REGULAR MEETING oFAUGUST23, 2005
none.
The Chairman asked if there were any corrections or additions to the minutes. There were
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Minutes of the Regular Meeting August 23, 2005, as
written and distributed.
7. CONSENT AGENDA
Commissioner Neuberger pulled Item 7.E for discussion.
7.A. REPORTS
Board:
The following reports have been received and are on file in the office of the Clerk to the
1. Vero Lakes Water Control Districts — Notice of Registered Agent for
2005-2006 — Chester Clem, 3333 20th Street, Vero Beach, Fl 32960-2469
2. Report of Convictions — August 2005
3. 211 Palm Beach/Treasure Coast — Report for period of July 1, 2004 through
June 30, 2005.
7.B APPROVAL OF WARRANTS — SEPTEMBER 2-8, 2005
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the list of Warrants as issued by the Clerk of the Board for
October 4, 2005 4
September 2-8, 2005, as requested in the memorandum of
September 8, 2005.
7. C APPROVAL OF WARRANTS — SEPTEMBER 9-15, ZOOS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the list of Warrants as issued by the Clerk of the Board for
September 9-15, 2005, as recommended in the
memorandum of September 15, 2005.
7.D. APPROVAL OF WARRANTS — SEPTEMBER 16-22, ZOOS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the list of Warrants as issued by the Clerk of the Board for
September 16-22, 2005, as recommended in the
memorandum of September 22, 2005.
7.E. APPROVAL OF OUT OF COUNTY TRAVEL FOR COMMISSIONERS AND
STAFF TO ATTEND TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS ANNUAL
BANQUET AND MEETING — NOVEMBER 4, 2005 — JOSEF'S AT BALLANTRAE, PORT
ST. L UCIE
(Clerk's Note: Item 7.E.was heard prior to Item 7.A and is placed here for continuity.)
October 4, 2005 5
Commissioner Neuberger attended the Banquet in the past and he did not believe it would
be beneficial to attend or worth the expense to the County.
Commissioner Wheeler felt anytime the Commissioners have an opportunity to
place a face with a name it is very beneficial.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, by a 4-1 vote, Commissioner
Neuberger opposed, the Board approved reimbursement for
those listed in the memorandum to attend the annual
Treasure Coast Council of Local Governments Annual
Banquet and meeting on November 4, 2005, as
recommended in the memorandum of September 21, 2005.
Commissioner Neuberger stated if he attends the banquet he will cover his own
expenses.
7.F. REQUEST BY COMMISSIONER DAVIS To APPOINT RICHARD S. SMITH,
DISTRICT I REPRESENTATIVE To THE CHILDREN'S SERVICES ADVISORY
COMMITTEE (CSAQ
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the appointment of Richard S. Smith, District 1 appointee
to the Children's Services Advisory Committee, as
recommended in the memorandum of September 27, 2005.
October 4, 2005 6
7. G. APPOINTMENT OFMEMBERS To THE CONSERVATIONLANDSADVISOR Y
COMMITTEE (CLAQ
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously appointed
the following members to serve a two-year term to the
CLAC, as recommended in the memorandum of September
22, 2005.
Environmental Learning Center
Katrina Morrell
Friends of the St. Sebastian River
Tim Glover
Indian River Land Trust
Ken Grudens
Indian River Mosquito Control
District
Doug Carlson
Pelican Island Audubon Society
Jens Tripson
University of Fl Medical
Entomology Laboratory or similar
research facility
Jorge Rey
Eugenia Chapter of the Florida
Native Plant Society
Joseph Carroll
7.H. REQUEST To ATTEND THE TREASURE COAST REGIONAL PLANNING
COUNCIL'S SYMPOSIUM oN WORKFORCE HOUSING — OCTOBER 27, 2005 — IRC
COMMUNITY COLLEGE CHASTAIN CAMPUS/WOLF HIGH TECHNOLOGY CENTER
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the attendance of Commissioners and staff at the
October 4, 2005 7
Symposium, as requested in the memorandum of
September 27, 2005.
U. 0 u OF COUNTY TRAVEL FOR COMMISSIONERS TO ATTEND THE JOHN
SCOTT DAILEY FLORIDA INSTITUTE OF GOVERNMENT SEMINAR SERIES KELO V.
CITY OF NEW LONDON: THE IMPACT OF THE UNITED STATES SUPREME COURT
DECISION ON REDEVELOPMENT AND ECONOMIC DEVELOPMENT IN FLORIDA --
FLORIDA STATE UNIVERSITY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Out of County Travel for the Commissioners or staff, as
recommended in the memorandum of September 22, 2005.
7.J. CITY APPOINTMENT OF VERO BEACH COUNCILMEMBER DEBRA
FROMANG TO THE ENTERPRISE ZONE DEVELOPMENT AGENCY AS THE CITY OF
VERO BEACHLIAISON
The Board noted the appointment for the record.
7.K. OUT OF COUNTY TRAVEL REQUEST FOR COUNTYADMINISTRATOR JoE
BAIRD TO ATTEND THE FLORIDA GOVERNMENT FINANCE OFFICER ASSOCIATION
SCHOOL OF GOVERNMENTAL FINANCE —NOVEMBER 14-18, 200
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
October 4, 2005 8
out of County travel for County Administrator Joe Baird, as
recommended in the memorandum of September 15, 2005.
7.L. PERMISSION TO ADVERTISE FOR PUBLIC HEARING AN ORDINANCE
AMENDING THE COUNTY CODE, DISASTER EMERGENCY PLANS, EMERGENCY
MEASURES, REQUIRING REGISTERED SEX OFFENDERS TO NOTIFY OPERATORS OF
TEMPORARYEMERGENCYSHELTERS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the advertisement for public hearing of an ordinance
amending the County Code; Disaster Emergency Plans,
Emergency Measures and requiring sex offenders to notify
operators of temporary emergency shelters; and to seek
guidance and input from the Sheriff's Department,
Emergency Services, and any other agency that might lend
assistance in drafting these amendments; as recommended
in the memorandum of September 28, 2005.
7.M. PROPERTY ACQUISITION — TAX ROLL REMOVAL chi TAX
CANCELLATION: RESOLUTION 2005-150, 13" STREET SW RIGHT-OF-WAY(4
LAKES LLC); RESOLUTION 2005-151, 58THAVENUE RIGHT-OF-WAY— VERO LA GO
(CENTER HOMES); RESOLUTION 2005-152, 35TH AVENUE SW RIGHT-OF-WAY
(SHELBY HOMES AT MILLSTONE); RESOLUTION 2005-153, 27TH AVENUE SW
RIGHT—OF-WAY (SHELBY HOMES AT MILLSTONE); RESOLUTION 2005-154, 21sT
STREET SW RIGHT-OF-WAY (SHELBY HOMES OF MILLSTONE); RESOLUTION
October 4, 2005 9
2005-155, 23RD STREET SW RIGHT-OF-WAY (SHELBY HOMES AT MILLSTONE);
RESOLUTION 2005-156, COUNTY ROAD 512 RIGHT-oF WAY (Ro-ED CORP);
RESOLUTION 2005-157, CR 512 RIGHT of WAY - 2 PARCELS (EDMUND ANSTN
TRUST); RESOLUTION 2005-158, ENVIRONMENTALLY SIGNIFICANT LAND
RIGHT-oF-WAY (RONALD M. AwN); RESOLUTION 2005-159, 5TH STREET SW
RIGHT-oF-WAY (RAMELL PROPERTIES); RESOLUTION 2005-160, 81sT STREET
RIGHT-oF-WAY (QUAIL CREEK SUBDIVISION — RAMELL PROPERTIES);
RESOLUTION 2005-161 UTILITIES WWTP LAND BUCKNER; RESOLUTION
2005-162 - UTILITIES WWTP LAND - REESE; RESOLUTION 2005-163 - UTILITIES
WWTP LAND - TORREs; RESOLUTION 2005-164 - UTILITIES WWTP LAND - IR
INVESTMENT REALTY, RESOLUTION 2005-165 - UTILITIES WWTP LAND - DA vis,
RESOLUTION 2005-166 - UTILITIES WWTP LAND - PRESTON)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolutions 2005-150/166 canceling taxes upon publicly
owned lands, pursuant to section 196.28 of the Florida
Statutes, as requested in the memorandum of September
23, 2005.
7.N. PROCLAMATIONHONORINGPHILLIPA. HADSELL ONHISRETIREMENT
FROMIRCSANDRTDGE GOLF CLUB
The Proclamation was noted for the record.
October 4, 2005 to
7.0. APPROVAL OF RENEWAL FOR A CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCEAND NECESSITYFOR VETERANS COUNCIL OFINDIANRIVER COUNTY
INC. TO PROVIDE WHEELCHAIR SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
renewal of the Class "E" Certificate of Public Convenience
and Necessity for Veterans Council of Indian River County
Inc., to be effective for a period of two (2) years from
November 6, 2005 to November 6, 2007, as recommended
in the memorandum of August 24, 2005.
CERTIFICATE IS ON FILE IN THE OFFICE
OF THE CLERK OF THE BOARD
7.P. INVITATION FROM JOHN'S ISLAND GOLF CLUB FOR EMERGENCY
SERVICES STAFF TO PARTICIPATE INA "PUBLIC SAFETYDAY" GOLF OUTING
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Emergency Services staff to participate in the "Public
Safety Day" golf outing, as recommended in the
memorandum of September 19, 2005.
7.0. APPROVAL OF RENEWAL OF CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR Assn IATION FOR RETARDED CITIZENS OF
INDIANRIVER COUNTYTo PROVIDE WHEELCHAIR SERVICES
October 4, 2005 it
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
renewal of the Class "E" Certificate of Public Convenience
and Necessity for Association for Retarded Citizens of
Indian River County, to be effective for a period of two (2)
years commencing October 5, 2005, and expiring October
5, 2007, as recommended in the memorandum of
September 16, 2005.
CERTIFICATE IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7.R. APPROVAL OFRENEWAL OF CLASS "E"AND CLASS "B" CERTIFICATES
OF PUBLIC CONVENIENCE AND NECESSITY FOR ALL COUNTYAHBULANCE INC. TO
PROVIDE WHEELCHAIRISTRETCHER AND INTERFACILITYAMBULANCE
TRANSPORTATION SERVICES.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
renewal of the Class "E" and Class "B" Certificate of
Public Convenience and Necessity for all County
Ambulance Inc., to be effective for a period of two (2)
years from October 2, 2005 to October 2, 2007, as
recommended in the memorandum of September 10, 2005.
CERTIFICATES ARE ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
October 4, 2005 12
7.S: APPROVAL OF RENEWAL FOR A CLASS "C" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR COASTAL HEALTH SERVICES OF BREVARD,
INC. TO PROVIDE INTER -FACILITY NEONATAL TRANSFERS WHICH ORIGINATE IN
INDIANRIVER COUNTY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
renewal of the Class "C" Certificate of Public Convenience
and Necessity for Coastal Health Services of Brevard, Inc.,
to be effective for a period of two (2) years from October
16, 2005 to October 16, 2007, as recommended in the
memorandum of September 7, 2005.
CERTIFICATE IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7. T. TEMPORARY CONSTRUCTION EASEMENT — VERO BEACH CITY POLICE
FIRING RANGE - 41ST STREET AND 43RDAVENUE INTERSECTION IMPROVEMENT
PROJECT— PROJECT NO. 023
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Alternative No. 1, approving the temporary construction
easement; authorized the Chairman to execute the easement
as Grantee, as recommended in the memorandum of
September 15, 2005.
October 4, 2005 13
COPY OF TEMPORARY CONSTRUCTION EASEMENT IS ON FILE
IN THE OFFICE OF THE CLERK OF THE BOARD
7. U. FINAL PAYMENT AND RELEASE OF RETAINAGE FOR COASTAL
TECHNOLOGY CORP. — PROJECT NO. 0424 — PELICANISLAND NATIONAL WILDLIFE
REFUGE TIDAL MARSH PHASE 1-B
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
releasing final payment plus retainage for Coastal
Technology Corp. in the amount of $7,028.74, as
recommended in the memorandum of September 16, 2005.
7. V 2005-2006 PROFESSIONAL LAND SURVEY SERVICES ANNUAL
CONTRACTS) — BURDETTE chi ASSOCIATES, INC., VERO BEACH, CARTER
ASSOCIATES, INC., VERO BEACH, CREECH ENGINEERING, INC., MELBOURNE,
KIMLEY--HORN chi Assoc., INC., VERO BEACH, MASTELLER, MOLER chi REED, INC.,
VERO BEACH, MORGANEKLUND, INC., WABASSO
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the contract(s) and fee schedule(s) between the County and
six (6) firms selected, as recommended in the memorandum
of September 16, 2005.
AGREEMENTS ARE ON FILE IN THE OFFICE
October 4, 2005 14
OF THE CLERK OF THE BOARD
7. W GEOGRAPHIC TECHNOLOGIES GROUP, INC. - PROFESSIONAL
GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES (MASTER) AGREEMENT FOR
THE COUNTY GIS ENTERPRISE NEEDS ASSESSMENT AND FUTURE DEVELOPMENT
STUDY 2005-2006 - PROJECT #0532
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the GIS Services Master Contract No. 0532 in an amount
not to exceed $45,000.00, authorizing Project 40532 as
outlined in the scope of services, and authorized the
Chairperson to execute same, as recommended in the
memorandum of September 15, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7.X. FINAL PLAT APPROVAL — INDIAN RIVER COUNTY PUBLIC WORKS AND
SCHOOL BOARD FACILITYSUBDIVISION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously granted
final plat approval for the IRC Public Works and School
Board Facility, as recommended in the memorandum of
September 8, 2005.
October 4, 2005 15
7. Y. WETLANDS SYSTEM BID #7059 — WASTEWATER TREATMENT FACILITY
—MAINTENANCE AND OPERATION — ECOTECM CONSULTANTS, INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the second lowest bidder Ecotech Consultants, Inc. for an
annual contract price of $35,000, as Ecotech met all
requirements within the bid package, and has been the
contractor for the wetlands operations since 1996;
approved the sample agreement and authorized the
Chairman to execute same when the appropriate certificate
of insurance has been received and approved by the
Department of Utility Services Management; directed staff
to automatically renew the contract every year, after the
expiration of the initial terms, until the agreement has been
satisfied, as recommended in the memorandum of
September 8, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7.Z. BID #7086 — ODOR CONTROL SYSTEM UTILITIES
DEPARTMENTIWASTEWATER TREATMENT DIVISION — LIFT STATION #89 (1500 SW
9TH STREET) —REJECTED
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously rejected
October 4, 2005 16
Bid 47086 due to noncompliance with the bid
specifications and directed the Utilities Department to
revise the specifications and re -bid this item, as
recommended in the memorandum of September 8, 2005.
7.AA. BID AWARD: #2006001 ANNUAL BID FOR UNIFORM RENTAL —
GENERAL SERVICES DEPARTMENT/PURCHASING DIVISION — ARAHARK UNIFORM
SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid 42006001 to Aramark Uniform Services, a division of
Aramark Uniform & Career Apparel, Inc. as the sole bidder
meeting the specifications as set forth in the Invitation to
Bid; authorized the purchasing division to issue blanket
purchase orders for the period October 1, 2005 through
September 30, 2007 with the recommended vendor; and
authorized the Purchasing Manager to review this bid for
three (3) additional one (1) year periods subject to
satisfactory performance, zero cost increase, vendor
acceptance and the determination that renewal of this
annual contract is in the best interest of the County, as
recommended in the memorandum of September 29, 2005.
7.BB. BID #2006002 ANNUAL BID FOR GENERAL FILL DIRT — PUBLIC
WORKS DEPARTMENT/ROAD AND BRIDGE DIVISION — DICKERSON FLORIDA, INC.
October 4, 2005 17
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid 42006002 to Dickerson Florida, Inc. as the sole bidder
meeting the specifications as set fort in the Invitation to
Bid; authorized the Purchasing Division to issue blanket
purchase orders as individual job purchase orders, as
needed, for the period of October 1, 2005 through
September 30, 2006 with recommended vendor; and
authorized the Purchasing Manager to renew this bid for
two (2) additional one (1) year periods subject to
satisfactory performance, zero cost increase, vendor
acceptance and the determination that renewal of this
annual contract is in the best interest of the County, as
recommended in the memorandum of September 7, 2005.
7. CC BID #2006003 ANNUAL BID FOR CORRUGATED STEEL AND ALUMINUM
PIPE PUBLIC WORKS DEPARTMENT ROAD AND BRIDGE DIVISION — CONTECM
CONSTRUCTIONPRODUCTS, INC., PINELLASPARK, FLORIDA
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid 42006003 to Contech Construction Products Inc.,
Pinellas Park, Florida as the lowest, most responsive and
responsible bidder meeting the specifications as set forth in
the Invitation to Bid; authorized the Purchasing Division to
issue blanket purchase orders or individual job purchase
orders, as needed, for the period of October 1, 2005 through
October 4, 2005 18
September 30, 2006; and authorized the Purchasing
Manager to renew this Bid for two (2) additional one (1)
year periods subject to satisfactory performance, zero cost
increase, vendor acceptance and the determination that
renewal of this annual contract is in the best interest of the
County, as recommended in the memorandum of
September 19, 2005.
7.DD. BID #2006005 ANNUAL BID FOR ROAD STABILIZATION MATERIAL —
PUBLIC WORKS DEPARTMENT ROAD AND BRIDGE DIVISION — STEWART MINING
IND usTRIES, INC. — DICKERSON OF FLORIDA, INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid 42006005 Item 41 through 9 (Road Stabilization
Material) to Stewart Mining Industries, Inc. as the sole
most responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid; awarded
Item 410 (Stabilizer Pick -Up) to Dickerson of Florida Inc.;
authorized the Purchasing Division to issue blanket
purchase orders or individual job purchase orders, as
needed, for the period of October 1, 2005 through
September 30, 2006; and authorized the Purchasing
Manager to renew this Bid for two (2) additional one (1)
year periods subject to satisfactory performance, zero cost
increase, vendor acceptance and the determination that
renewal of this annual contract is in the best interest of the
October 4, 2005 19
County, as recommended in the memorandum of
September 19, 2005.
ZEE. BID #2006006 ANNUAL BID FOR LIMEROCK AND/OR COQUINA ROCK —
PUBLIC WORKS DEPARTMENT/ROAD AND BRIDGE DIVISION — STEWART MINING
INDUSTRIES, INC. — DICKERSON FLORIDA, INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid 42006006 Items 41 through 4 to Stewart Mining
Industries, Inc. as the lowest and lost responsive bidder
meeting the specifications as set forth in the Invitation to
Bid; Awarded Item 45 to multiple vendors, Stewart Mining
Industries, Inc. and Dickerson Florida, Inc. as the bidders
meeting the specifications as set forth in the Invitation to
Bid; authorized the Purchasing Manager to issue blanket
purchase orders and/or individual job purchase orders for
the period of October 1, 2005 through September 30, 2006
with recommended vendors; and authorized the Purchasing
Manager to renew this bid for two (2) additional one (1)
year periods subject to satisfactory performance, zero cost
increase, vendor acceptance and the determination that
renewal of this annual contract is in the best interest of the
County, as recommended in the memorandum of
September 23, 2005.
October 4, 2005 20
7.FF. BID #2006007 ANNUAL BID FOR SHELL MATERIAL PUBLIC WORKS
DEPARTMENT ROAD AND BRIDGE DIVISION — STEWART MINING INDUSTRIES, INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
the bid to Stewart Mining Industries, Inc. as the lowest and
most responsive bidder meeting the specifications as set
forth in the Invitation to Bid; authorized the Purchasing
Division to issue blanket purchase orders and/or individual
job purchase orders, as needed, for the period of October 1,
2005 through September 30, 2006 with recommended
vendor; and authorized the Purchasing Manager to renew
this bid for two (2) additional one (1) year periods subject
to satisfactory performance, zero cost increase, vendor
acceptance and the determination that renewal of this
annual contract is in the best interest of the County, as
recommended in the memorandum of September 19, 2005.
7. GG. BID AWARD #2006008 — ANNUAL BID FOR DAY LABOR SERVICES —
PUBLIC WORKS DEPARTMENT/ROAD AND BRIDGE DIVISION — FAMOSO, INC. DIB/A/
WA A7nnu7Wn
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid 42006008 to Famoso, Inc. d/b/a/ Manpower as the
lowest and most responsive bidder meeting the
October 4, 2005 21
specifications as set forth in the Invitation to Bid;
authorized the Purchasing Division to issue blanket
purchase orders or individual job purchase orders, as
needed, for the period October 1, 2005 through September
30, 2006 with recommended vendor; and authorized the
Purchasing Manager to renew this bid for two (2) additional
one (1) year periods subject to satisfactory performance,
zero cost increase, vendor acceptance and the
determination that renewal of this annual contract is in the
best interest of the County, as recommended in the
memorandum of September 12, 2005.
7.HH. CUSTODIAL SERVICES — .JANITORIAL CONTRACT ADDENDUH #1 —
HEVERON GROUP, INC. (BEACHLAND CLEANING SERVICE)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Janitorial Contract, Addendum 41 to the Beachland
Cleaning of Vero Beach Agreement and authorized the
County Administrator to execute the document, as
recommended in the memorandum of September 19, 2005.
AMENDMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
UI. RESOLUTION 2005-167 - 2005/2006 FEE SCHEDULE INDIAN RIVER
COUNTYHEALTHDEPARTMENT
October 4, 2005 22
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 2005-167 with the 2005/2006 Fee Schedule for
the Indian River County Health Department.
7JJ CHILDREN'S SERVICES ADVISORY COMMITTEE CONTRACT FOR
AGENCY FUNDING
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Children's Services Advisory Committee Contract for
Agency 2005-06 Funding, and authorized the Chairman to
execute same, as recommended in the memorandum of
September 20, 2005.
7.KK. COUNTY HEALTH INSURANCE RENEWAL CONTRACTS — BLUE CROSS
BLUE SHIELD OF FLORIDA (BCBSF) — SYMETRA FINANCIAL AND
BRADMAN/UNIPSYCH
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the Chairman to execute the renewal contracts for Symetra
Financial and Bradman/UniPsych, as recommended in the
memorandum of September 26, 2005.
October 4, 2005 23
UL. USE OF OLD FELLSMERE SCHOOL FOR FELLSMERE FROGLEG
FESTIVAL, INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the contract and lease agreements between the City of
Fellsmere, Indian River County and the Fellsmere Frogleg
Festival, Inc., and authorized the Chairman to execute
agreements and attachments, as recommended in the
memorandum of September 26, 2005.
AGREEMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7. MM. INTERNATIONAL GOLF MAINTENANCE, INC. (IGM) CONTRACT —
SANDRIDGE GOLF CLUB
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
Sandridge Golf Club to enter into an agreement with
International Golf Maintenance, Inc. and authorized the
Chairman to sign and execute the contract, as
recommended in the memorandum of September 19, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
October 4, 2005 24
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES — SUPERVISOR OF ELECTIONS KAY CLEM —
VOTER EDUCATION FUNDING — DEPARTMENT OF STATE,
DIVISION OF ELECTIONS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the Chairman to sign the Certificate of Matching Funds and
the agreement for Voter Education Funding, as
recommended in the memorandum of September 15, 2005.
MEMORANDUM OF AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
8.11. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES — ROY RAYMOND, SHERIFF — REQUEST TO
DISBURSE $37,416.06 FROM THE MACE UNIT PROJECT
GENERATED INCOME (PGI) 10% DISCRETIONARY FUND TO
THE PARTICIPATING MULTI -AGENCY CRIMINAL
ENFORCEMENT UNIT AGENCIES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the disbursement of $37,416.06 from the M.A.C.E. Unit
October 4, 2005 25
Project Generated Income (PGI) 10% Discretionary Fund
to the participating Multi -Agency Criminal Enforcement
Unit agencies as followings: Sheriff's Office $7,612.64;
Vero Beach Police Department, $24,424.64; Sebastian
Police Department, $5,378.78, as recommended in the
memorandum of September 21, 2005.
(Clerk's Note: The Chairman called for a short recess at 9:21 a.m. and reconvened the
meeting at 9:30 a.m. with all members present.)
9.A.1. PUBLIC HEARING — ORDINANCE 2005-043 — COUNTY
INITIATED REQUEST TO REZONE ±32.54 ACRES (200 FEET
NORTH OF 132ND STREET AND 120 FEET SOUTH OF 129TH
STREET) FROM RMH-8 TO ROSE -4 — INDIAN RIVER TWIN
ESTATES, MOBILE VILLA ESTATES, AND INDIAN RIVER
ACRES SUBDIVISION MOBILE HOME PARKS
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating used a PowerPoint presentation (copy on
file) and displayed an aerial view of the parks. The purpose of this request is to rezone ±32.54
acres from RMH-8, Residential Mobile Home District (up to 8 unit/acres) to ROSE -4, Roseland
Residential District (up to 4 units/acre), and to secure zoning to allow property owners in Indian
River Twin Estates, Mobile Villa Estates, and the Indian River Acres Subdivision Mobile Home
Parks to rebuild on their home sites with either site built homes or mobile homes at a density that is
consistent with their comprehensive plan land use designation.
October 4, 2005 26
Director Keating reviewed the mobile home damage from the hurricanes of 2004, and he
addressed the action taken in March 2005 by the P&Z Commission unanimously recommending
the Board rezone the subject properties once a County initiated amendment to the Comprehensive
Plan was approved to allow the ROSE -4 District in the M-1, land use designation. That process is
now complete.
The Chairman opened the public hearing.
Baxter Coston, 7410 132nd Street, Sebastian, stated he was in favor of the ROSE -4 zoning
and thanked Senior Planner Gale Carmoney for his efforts and his staff for keeping the
homeowners informed during this process.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Ordinance 2005-043, amending the zoning ordinance and
the accompanying zoning map for ± 32.54 acres located
within the Indian River Twin Estates, Mobile Villa and
Indian River Acres Subdivisions from RMH-8, residential
mobile home district (up to 8 units/acre), to ROSE -4,
Roseland residential district (up to 4 units/acre); and
providing codification, severability, and effective date.
9.A.2. PUBLIC HEARING — ORDINANCE 2005-044 — MORATORIUM
ON SMALL LOT SINGLE-FAMILY SUBDIVISION
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
October 4, 2005 27
OFFICE OF THE CLERK TO THE BOARD
County Attorney William G. Collins II reviewed his memorandum stating staff has
prepared an ordinance that would place a moratorium on the process of application for small scale
subdivisions. Because this affects more than 10 acres in the county it requires at least two public
hearings. This is the second of two public hearings. The reason for the moratorium is the product
being delivered on small lots recently has been starting in excess of $400,000. Our current
ordinance has no mechanism in place to tie affordability with smaller sized lots. The ordinance
will not apply to subdivisions by Habitat for Humanity to small lot subdivisions that have
submitted a complete preliminary plat application before October 11, 2005.
The Chairman opened the public hearing.
Joseph Paladin, Chairman of the Growth Awareness Committee, brought this item
forward because affordable housing is so deeply needed in the community. His committee is
prepared to define workforce housing and will provide an outline for the Board.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously adopted
Ordinance 2005-044, declaring a temporary moratorium on
the acceptance of applications for administrative permits
and the issuance of administrative permit approvals for
"small lot single family subdivisions"; providing for
prohibition; providing for exceptions; providing for
October 4, 2005 28
conflicts; providing for severability; setting forth
expiration and effective dates.
9.B.1. PUBLIC DISCUSSION — LARRY WAPNICK — REVIEW OF
TRANSPORTATION SCHEDULES FOR MASS TRANSIT IN
COUNTY CONCERNING VETERANS AND CEREMONIES ON
VETERANS' MEMORIAL ISLAND SANCTUARY
Larry Wapnick, President of Veterans Council of Indian River County, stated they now
have a fleet of three buses. He reviewed the changes made to the transportation routes to
accommodate passengers and save on costs. He invited everyone to join them on Veterans Day
November 11, 2005, at 10:00 a.m., on Veterans Memorial Island Sanctuary for the unveiling of the
new monument.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS
9.1C1. SCHEDULED PUBLICHEARING OCTOBER ll, 2005:
REVISED FIVE-YEAR OPTIONAL SALES TAX CAPITAL PLAN FISCAL YEAR
2005/2006 THROUGH 2009/2OIO
October 4, 2005 29
9.C.2. NOTICE OF SCHEDULED PUBLICHEARING OCTOBER II, 2005:
CRYSTAL SANDS PETITION WATER SERVICE 47TH chi 48TH PLACES chi 48TH
STREET, EAST OF 43RDAVENUE - INDIAN RIVER COUNTY PROJECT NO.
UCP -2507
9.C.3. NOTICE OF SCHEDULED PUBLICHEARING OCTOBER II, 2005:
KENNETH. IACKSON'S REQUEST TO ABANDONA PORTION OF 46TH STREET EAST
OF 47TH COURT IN CAVALIER ESTATES
The Executive Aide to the Board Kimberly Massung read the notices into the record.
10.A. COUNTY ADMINISTRATOR'S MATTERS — REQUEST FOR
EXECUTIVE SESSION MEETING TO DISCUSS UNION
NEGOTIATIONS — INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS (IAFF) LOCAL 2201 AND TEAMSTER LOCAL
769 LABOR AND TRADES
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously established a
time certain of 1:30 p.m., Tuesday, October 4, 2005, for the
attorney-client executive session to discuss union
negotiations, as recommended in the memorandum of
September 28, 2005.
October 4, 2005 30
10.B. PLANNING AND ZONING COMMISSION (P&Z)
RECOMMENDATION TO HIRE A CONSULTANT
ENGINEERING FIRM TO ADVISE ON PROPER SCOPE OF
TRAFFIC STUDIES FOR ROAD IMPROVEMENTS
Administrator Joseph Baird stated he was comfortable with the variables staff uses
to determine capacity. He relayed that Mr. Christopher, a member of the Planning and Zoning
Commission, recommended hiring a consultant to review traffic impact studies to see if we are
using the right variables and to compare us to other counties. Administrator Baird estimated the
cost to be about $15,000 and that it would take up to 90 days for completion. Staff feels they are
very conservative and comfortable with the variables they are using.
Chairman Lowther and Commissioner Neuberger felt staff was capable of doing a traffic
study and they did not see the necessity to expend funds for a consultant.
Chairman Lowther suggested having a joint workshop with staff and the Planning and
Zoning Commission to establish directions before they expend funds for a consultant.
The Board requested comments from Donna Keys, Chairman of the Planning and
Zoning Commission. She stated the Commission entertained the idea of having a meeting to learn
how other counties take the trip counts and to look at what other options are available.
Commissioner Davis wanted a mechanism devised to reserve capacity or have a
reservation of capacity on the roads, to think in Department of Transportation terms, and he felt
they need a consultant to plan for the future of road growth without tying up road trips with ghost
trips (crawls) as they do today.
Commissioner Bowden agreed.
Commissioner Wheeler felt it was important to have the study to critique how we
are conducting business.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED BY Commissioner Bowden, to authorize
October 4, 2005 31
staff to hire a consultant to review traffic impact studies by
other counties and make a comparison.
Commissioner Davis saw a need to modify the current system and wanted a workshop to
get everyone on the same page. He wanted the consultant to attend the workshop to be aware of
their concerns.
Commissioner Neuberger was opposed to spending $15,000 to educate the Planning and
Zoning Commission.
Chairman Lowther reiterated his suggestion to have a workshop first, then look to hiring a
consultant.
Director Keating explained that Senate Bill 360 will be enacted in December 2006 and he
sees the potential of a number of changes that may occur. He favored a workshop to define the
scope of services for the consultant.
Joseph Paladin, 730 Commerce Drive, Sebastian, supported the workshop idea.
Discussion ensued.
Donna Keys welcomed the opportunity of having a workshop with the Board and staff,
without a consultant, to learn what other options are available to them.
Chris Mora, Traffic Engineering, had meet with P&Z twice in the current year. After
surveying over 30 counties our County was very conservative. He supported the workshop idea.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner Bowden, to include
holding a workshop with the Board and P&Z and have the
consultant available to answer questions and become
familiar with their concerns.
October 4, 2005 32
The Chairman CALLED THE QUESTION and the
amended motion passed, by a 3-2 vote, Commissioner
Neuberger and Chairman Lowther opposed. (The Board
approved hiring a consultant and having the consultant
attend a workshop with the Board and the Planning and
Zoning Commission.)
(Clerk's Note: The Chairman called for a short recess at 10:23 a.m. and reconvened the
meeting at 10:35 a.m. with all members present.)
11.B.1. EMERGENCY SERVICES — APPROVAL OF EMERGENCY
OPERATIONS CENTER (EOC) GRANT FUNDING —
STATE -FUNDED SUBGRANT AGREEMENT NUMBER
06CP-4Z-10-40-01 — FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS (DCA)
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved State -Funded Subgrant Agreement Number
06CP-4Z-10-40-01 and authorized the Chairman to execute
same, as recommended in the memorandum of September
22, 2005.
PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
October 4, 2005 33
11.B.2. ACCEPTANCE OF 2005/2006 EMERGENCY MANAGEMENT
FEDERALLY FUNDED HOMELAND SECURITY SUBGRANT
AGREEMENT NUMBER 06 -DS -3W-10-40-01 — FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Federally Funded Homeland Security Subgrant Agreement
(06 -DS -3W-10-40-01) and authorized the Chairman to
execute same, as recommended in the memorandum of
September 26, 2005.
PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
11.I.1. PUBLIC WORKS — AUTHORIZATION TO EXPAND LIMITS OF
EXISTING ROADWAY PROJECTS - ADVERTISE NEW
ROADWAY PROJECTS TO EXPEDITE DESIGN AND
CONSTRUCTION — STANLEY CONSULTANTS - 66TH AVENUE,
CR 510, 43RD AVENUE, 4TH STREET & 82ND AVENUE WIDENING,
RFQ FOR 58TH AVENUE, 17TH STREET SW, 4TH STREET, 8TH
STREET, 12TH STREET AND 74TH AVENUE IMPROVEMENTS
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
October 4, 2005 34
authorized staff to negotiate addendums on existing
contracts to expedite design and construction of 66th
Avenue widening from SR 60 to Barber Street; CR 510
widening from one mile west of 66th Avenue to the Indian
River; 43rd Avenue 3 -lane widening from north of Oslo
Road to 1 sf Street; and the 4th Street/82nd Avenue
Intersection widening and bridge replacement; authorized
staff to begin negotiations with Stanley Consultants for the
widening of CR 510 from CR 512 to one mile west of 66th
Avenue; and authorized staff to prepare and advertise a
Request -For -Qualification (RFQ) for engineering and
related services for improvements on 58th Avenue, 17th
Street SW, 4th Street, 8th Street, 12th Street and 74th
Avenue, as outlined in the memorandum of September 26,
2005.
11.I.2. PUBLIC WORKS — CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT — INTERSECTION
IMPROVEMENTS AT 66TH AVENUE AND CR 510 —
KIMLEY-HORN AND ASSOCIATES, INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
Amendment No. 1 to the Kimley-Horn and Associates, Inc.
Civil Engineering and Land Surveying Services contract,
as recommended in the memorandum of September 23,
2005.
October 4, 2005 35
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
11.I.3. PUBLIC WORKS — PROFESSIONAL SERVICE AGREEMENT
FEE SCHEDULE FOR ANNUAL GEOTECHNICAL SERVICES
CONTRACT 2005-2006 — CTI CONSTRUCTION TESTING AND
INSPECTION, INC., VERO BEACH — AM ENGINEERING AND
TESTING, INC., FT. PIERCE, DUNKELBERGER ENGINEERING
& TESTING INC., PORT ST. LUCIE, ARDAMAN &
ASSOCIATES, INC., PORT ST. LUCIE - IRC PROJECT NO. 0534
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
the fee schedule(s) and agreement(s) between the County
and the four (4) firms selected, as recommended in the
memorandum of September 23, 2005.
AGREEMENTS ARE ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
11.I.4. PUBLIC WORKS — PROFESSIONAL CIVIL ENGINEERING
SERVICES AGREEMENT FOR CIVIL ENGINEERING AND
BRIDGE DESIGN SERVICES; 1) SIX LANE BRIDGE ON 53"
October 4, 2005 36
STREET OVER LATERAL "H" CANAL (PROJECT NO. 0107-B;
2) BOX CULVERT IN THE RANGELINE CANAL AT 16TH
STREET & 74TH AVENUE (PROJECT NO. 9920-B) - RFQ 7058 -
BRIDGE DESIGN ASSOCIATES, INC
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
contract negotiated and directed the Chairman to execute
the contract, as recommended in the memorandum of
September 19, 2005.
CONTRACTS ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.11. UTILITIES -WORK ORDER NO. 1 — ENGINEERING SERVICES
DESIGNING THE BRINE LINE WATER MAIN EXTENSION TO
GRAND HARBOR MOSQUITO IMPOUNDMENT
RESTORATION SITE (SPOONBILL MARSH — NORTH RELIEF
CANAL) MASTELLER AND MOLER, INC. (M&M)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No. 1 with M&M in the amount of $69,230.00
to provide engineering design, permitting and construction
services for the Spoonbill Marsh Site and authorized the
October 4, 2005 37
Chairman to execute same, as recommended in the
memorandum of September 19, 2005.
WORK ORDER NO. 1 IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
11.J.2. UTILITIES - GRAND HARBOR MOSQUITO IMPOUNDMENT
SITE FINAL PAY AND RELEASE OF RETAINAGE — WORK
ORDER NO. 6 FOR SURVEY SERVICES — MASTELLER,
MOLER AND REED, INC. (MMR) — UCP 2208
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
the final pay request to Masteller, Moler & Reed, Inc. in the
amount of $3,740.00, as recommended in the memorandum
of September 16, 2005.
11.J.3. UTILITIES - CENTRAL AND SOUTH REGIONAL
WASTEWATER TREATMENT FACILITY ODOR CONTROL
PROJECT — RELEASE AND RETAINAGE AND FINAL
PAYMENT — INDIAN RIVER INDUSTRIAL CONTRACTORS,
INC.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
release of retainage and authorized issuing payment (No. 8)
October 4, 2005 38
to Indian River Industrial Contractors, Inc. in the total
amount of $19,784.00, as recommended in the
memorandum of September 6, 2005.
11.J.4. UTILITIES - CONTINUING CONSULTING SERVICES WORK
ORDER NO. 2 - PRELIMINARY ENGINEERING REPORT (PER)
- EXPANSION AND UPGRADE OF THE NORTH REGIONAL
WASTEWATER TREATMENT FACILITY TO 2.0 MGD -
BROWN AND CALDWELL (B&C) - UCP 2695
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No. 2 with B&C in the amount of $204,339.00
for a PER to expand the North Regional WWTF to 2.0
MGD, and authorized the Chairman to execute the same, as
recommended in the memorandum of September 7, 2005.
12.A. COUNTY ATTORNEY MATTERS - COUNTY CODE CHAPTER
955 - MOVING OF STRUCTURES - THREE BROTHERS AND A
SISTER, LLC
County Attorney William G. Collins II, stated he had been contacted by Scott Dillon and
Bob Hamner who are developing a business plan which would rescue, move and repair old
structures rather than seeing them demolished, fed into the landfill, and necessitating new
construction at today's higher construction costs. They acquired a 1925 three bedroom, two bath
house of sound structure that they have to move by October 31, 2005 because the landowners want
to build a parking lot on the site. Attorney Collins suggested the Board consider removing the
October 4, 2005 39
requirement for a performance bond, as a condition of obtaining a moving permit, and one prong in
the overall effort to deliver affordable/workforce housing.
Bob Hamner and Scott Dillon, Three Brothers and a Sister, LLC, explained their
financial hardship and requested the Board waive the bonding requirement for them and to
consider amending the Code.
Commissioner Davis was concerned how much of a hardship could it be when the return on
the money takes place once the house is tied down. He also was concerned that removing the
performance bond would be taking away security to the County.
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Commissioner Bowden, to direct the
County Attorney to bring back for approval an amendment
to the code ordinance Section 955.05(l) deleting the
performance bond.
Joseph Paladin, 730 Commerce Drive, questioned whether the Ordinance can be
amended by October 31st
Attorney Collins advised they can invoke a pending ordinance doctrine.
MOTION WAS AMENDED by Commissioner Neuberger
SECONDED by Commissioner Bowden, to include
invoking the pending ordinance doctrine.
The Chairman CALLED THE QUESTION and the motion
passed, by a 4-1 vote, Commissioner Davis opposed. (The
Board authorized the County Attorney to draft an
amendment to the Indian River County Code Section
955.05(l) deleting the requirements of a performance bond
October 4, 2005 40
to move a structure and invoking the pending ordinance
doctrine.
12.B. COUNTY ATTORNEY MATTERS -BLACK BEAR RESERVE -
45TH STREET BETWEEN KINGS HIGHWAY AND 66TH AVENUE
- REQUEST TO CALL BOND - TIM ROSE CONSTRUCTION -
BRACKETT & COMPANY
Assistant County Attorney Bill DeBraal reviewed his memorandum defining a problem for
homeowners in Black Bear Reserve being unable to occupy their homes because the developer has
not completed the required improvements. The County will not issue certificates of occupancy
until the subdivision is completed. The developer has been on notice since July 2005 of the
problems associated with this development. Due to the lack of progress to address these problems,
the County's sole remedy is to call the bond that was provided for this project.
Jeff Blackstone, Brackett and Company, commented out of the three areas of concern two
have been resolved and only the largest issue at this point is relating to the roads. They are
working with County staff He asked that the Board take no action and give them 30 days to finish
off the subdivision.
County Attorney Collins stated it has been 3 months since they were contacted (July 2005)
and they have not seen any progress.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Neuberger, to table this
item for 30 days.
Commissioner Davis wanted to have the motion include calling the bond if the subdivision
is not done in 30 days to avoid the item having to come back to the Board.
October 4, 2005 41
Daniel Oliver, future resident of Black Bear Reserve, asked the Board to monitor the work
to be completed.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner Neuberger, to authorize the
County Attorney's office to call the bond posted by Tim
Rose Construction, Inc. and Brackett & Company in 30
days if the subdivision is not finished.
The Chairman CALLED THE QUESTION and the motion
passed unanimously.
13.A CHAIRMAN THOMAS S. LOWTHER - READDRESS THE
CLOSING OF 50TH AVENUE BETWEEN STATE ROAD 60 AND
WALKER AVENUE - WAYNE WADSWORTH - LAKE PARK
SUBDIVISION
Chairman Lowther stated he would like to reconsider a cul-de-sac to close off 50th Avenue
between SR -60 and Walker Avenue from speeding traffic through the subdivision. He was absent
when this item was denied by the Board on September 6, 2005. He wanted to poll the
neighborhoods if necessary, and give 53rd and 54th the same opportunity to close their roads if they
want to. He felt the Board needed to listen to the residents that have lived there for a long time.
The whole issue is 5oth Avenue has a drive through directly to SR -60 and 53rd Avenue and 54th
Avenue do not.
October 4, 2005 42
MOTION WAS MADE by Commissioner Bowden,
SECONDED by Chairman Lowther, for discussion, to
close 50th Avenue
Commissioner Wheeler was opposed to approving this request because he agreed with
Chairman Lowther regarding 53rd and 54th Avenue but felt they would follow suit and request the
same thing. He did not think it was in the best interest of the community as a whole.
Commissioner Davis remained opposed as before because he disagreed with the concept of
closing off a road that is used excessively. He felt it was an enforcement issue.
Commissioner Bowden pointed out 50th Avenue really is a Lane and should not be
compared to 53rd and 54th Avenues.
Public Works Director Jim Davis explained that 400 cars on an average day are using that
link. There are so many north/south streets that have 400 cars a day and cross the east/west grid.
He feels this will bring hundreds of requests to disconnect north/south roads from the east/west
grid.
Discussion ensued regarding speed bumps and speed humps.
The Chairman CALLED THE QUESTION and the motion
FAILED, by a 2-3 vote, Commissioners Neuberger, Davis
and Wheeler opposed. (The Board denied the motion to
close 50th Avenue with a cul-de-sac.)
Discussion continued regarding ways to slow down the traffic.
U.B. VICE CHAIRMAN ARTHUR NEUBERGER —WEST WABASSO
WATER SYSTEM PROJECT - FUNDING FOR IMPACT FEES
October 4, 2005 43
Commissioner Neuberger stated it has been a long journey to get a water system for West
Wabasso and they are now in need of more funds for impact fees.
Director of Utilities Eric Olson asked the Board for permission to allow the County to front
the money needed so they can move forward with the project. They will repay that funding
($102,000) as they receive the grant money. Fifty percent of the funds can be covered by
Hurricane Assistance Grants and staff will find a mechanism to pay back the other 50%.
Commissioner Davis wanted to know if there was a way to connect the residents to the
sewer system and place the assessment to be paid at the time the home is sold.
Director Eric Olson stated there is nothing available to fund the project.
Commissioner Wheeler felt the $102,000 should come out of the general fund. They are
dealing with a health factor and it is important to the entire community.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Neuberger, for discussion,
to approve the funding from the General Fund.
Administrator Baird explained his MSTU fund has more flexibility. He asked that the
Board look at other areas because the General Fund was hurt badly by the hurricanes in 2004.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED BY Commissioner Neuberger, to approve the
funding for impact fees for the West Wabasso Water
System Project with staff to bring back to the Board a
recommendation for the funding.
Freddie Woolfork, 4590 57th Avenue, was happy to see the Board take this direction.
After the 2004 hurricanes he saw Wabasso in worse shape than Gifford so he shifted money to
Wabasso.
October 4, 2005 44
The Chairman CALLED THE QUESTION, and the motion
passed unanimously.
B.C. COMMISSIONER SANDRA L. BOWDEN - REQUEST TO
DELETE THE THIRD MEETING OF THE MONTH OF
DECEMBER - BOARD OF COUNTY COMMISSION MEETING
DECEMBER 20, 2005
Commissioner Bowden requested deleting the third meeting of the month due to the fact
that it is scheduled during the week of Christmas and scheduled vacations.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
canceling the Board of County Commission meeting of
Tuesday, December 20, 2005 due to the upcoming holidays
and vacations.
B.D.I. COMMISSIONER WESLEY S. DAVIS - PAYMENT OF IMPACT
FEES TO VEST CONCURRENCY AMENDING INDIAN RIVER
CODE CHAPTERS 910, 912, AND 1000
Commissioner Davis wanted to amend the Pending Ordinance Doctrine to not allow
impact fees to be paid in advance of obtaining a building permit, preventing developers from tying
up concurrency and eliminating the opportunity for other builders to obtain a building permit.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman Lowther, to readdress the
payment of impact fees prior to obtaining a building permit.
October 4, 2005 45
Joseph Paladin, President of the Growth Awareness Task Force, supported the motion
and encouraged the Board to approve it today.
Discussion ensued regarding what measures to take to protect the applicant wanting to
obtain a building permit who is denied because someone has tied up concurrency.
Bob Swift, 6450 8th Street, supported the motion, stating that if the current policy allows a
developer to buy up concurrency, then he agrees that it needs to be changed right away.
Administrator Baird explained the dilemma to staff who have met with local builders and
the hardship created for the Commissioners by developers buying large numbers of capacity. He
feels they should be discouraging the banking of capacity and that impact fees should be paid at the
time of applying for a building permit. He was not positive that developers should be allowed to
buy capacity before final plat approval. He does believe they may not protect every lot owner by
limiting the buying of capacity, but they will be given a better chance to build when they are ready.
Assistant County Attorney DeBraal asked for specific direction to staff in order to properly
prepare the Pending Ordinance Doctrine.
Community Development Director Keating talked about the 5 -year certificate when it was
created to allow someone to come in and buy concurrency without a project. In retrospect he felt it
probably never should have been created. Now they are seeing one-year certificates bought for the
entire projects.
Assistant County Attorney DeBraal asked the Board to give staff specific directions to
properly prepare the pending ordinance doctrine.
October 4, 2005 46
County Attorney Collins stated he did not like Pending Ordinance Doctrine because laws
are supposed to be enacted where people have a better opportunity for input. The courts will allow
it when you have a clear idea and direction of where you want to go. He advised the Board if they
implement change through the Pending Ordinance Doctrine to keep it simple; you cannot vest
until you get a building permit, and you cannot pay the impact fees until you get a building permit.
Detailed and lengthy changes to concurrency can be worked out through the public hearing
process..
Commissioner Wheeler amended his motion to include amending the Pending Ordinance
Doctrine.
The Chairman CALLED THE QUESTION and the
amended motion passed. The Board unanimously approved
amending the Pending Ordinance Doctrine and directed
staff not to accept vesting or the payment of impact fees
until the building permit is obtained.
Planning Director Boling stated they may have some applications in process. One
alternative they are looking at is reducing the 5 -year certificate to 2 -years.
(Clerk's Note: The Chairman called for a brief recess at 12:13 p.m. and he reconvened the
meeting at 12:21 p.m. with all members present.)
13.D.2. COMMISSIONER WESLEY S. DAVIS — EMERGENCY ITEM -
LAKES AT SANDRIDGE BONDING (MR. LEES)
October 4, 2005 47
Commissioner Davis met with staff and residents of concern in the Lakes of Sandridge
concerning some contention from the developer that the pending ordinance doctrine we have in
place is unworkable and puts an undue burden on the developer. This item is to give the developer
an opportunity to have the ordinance changed.
Greg Castelina, Developer of Lakes at Sandridge, handed out copies of LDR Ordinance
2005-007, the Warranty, Guaranty and Maintenance Agreement and Bill of Sale for Required
Improvements, and the Contractor Maintenance Bond. He wanted modifications made to the
existing Code regarding the warranty and guaranty maintenance period that was recently changed
from one-year to three -years, specifically expressing concern with the use of the word
"maintenance". He was also concerned with the "20 -day call". The Ordinance adopted in March
2005, effective April 1st° should have had some exemption for projects at certain stages of
completion.
Commissioner Wheeler understood his concern with the term "maintenance" because it is
to warrant against bad workmanship and material and not necessarily "maintenance".
Discussion ensued.
Attorney Collins felt it was a matter of symantics. He was reluctant to make modifications
to something that never was a problem before. After a lengthy discussion he consented to striking
the word "maintenance" in four locations of the agreement. He explained the 20 -day call is to
establish a timeframe if they do not get any response from the developer. He explained the
Ordinance did not have exemptions for "maintenance" security. He thought they should work that
out as a settlement and compromise.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Neuberger, by a 5-0 vote, the Board
authorized the County Attorney to strike the word
"maintenance" from the Warranty, Guaranty and
Maintenance Agreement.
October 4, 2005 48
13.E. COMMISSIONER GARY C. WHEELER - NONE
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Board of County
Commission Regular Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately and are appended to
this document.
MAL APPROVAL OF MINUTES OF REGULAR MEETING of A UGUST 23, 2005
14.B.2. FLORIDA TIRE RECYCLING, INC. (FTR) WASTE TIRE AGREEMENT
14.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
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 1:18 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
October 4, 2005 49
Minutes Approved:
BCC/MIS/2005Minutes
October 4, 2005 50