HomeMy WebLinkAbout10/7/2003
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 7, 2003
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 3
A. PDMO2003NA
ROCLAMATION ESIGNATING THE ONTH OF CTOBER AS ATIONAL RTS AND
HM ................................................................................................................ 3
UMANITIES ONTH
6.A.APPROVAL OF MINUTES – JUNE 13, 2003 3
6.B.APPROVAL OF MINUTES – SEPTEMBER 2, 2003 4
6.C.APPROVAL OF MINUTES – SEPTEMBER 9, 2003 4
7.CONSENT AGENDA 4
7.A. R .......................................................................................................................... 4
EPORTS
7.B. AW–S12-18,2003 ....................................................... 5
PPROVAL OF ARRANTS EPTEMBER
7.C. AW–S19-25,2003 ....................................................... 5
PPROVAL OF ARRANTS EPTEMBER
7.D. PHMDG,SSSV
ROCLAMATION ONORING ILLIE ELROSSO TUDENT UPPORT PECIALIST AT ERO
BHS ............................................................................................................... 5
EACH IGH CHOOL
OCTOBER 7, 2003 1
7.E. AFR–DF,FDA
NNUAL IRE EPORT IVISION OF ORESTRY LORIDA EPARTMENT OF GRICULTURE
CS ....................................................................................................... 6
AND ONSUMER ERVICES
7.F. MANWAC(MANWAC)–
ARINE DVISORY ARROWS ATERSHED CTION OMMITTEE
RTWAJB ...................................... 6
ESIGNATION OF SEN ANG AND PPOINTMENT OF OHN ERRIGAN
7.G. HRAC–VCD
ISTORIC ESOURCES DVISORY OMMITTEE ACANCY ON OMMITTEE UE TO THE
DMDB ..................................................................................... 6
EATH OF EMBER ONALD ERCAW
7.H. MPOCAC(MPOCAC)
ETROPOLITAN LANNING RGANIZATION ITIZENS DVISORY OMMITTEE
–VCDDMLM ....................... 7
ACANCY ON OMMITTEE UE TO THE EATH OF EMBER EONARD ILLER
7.I. TCCLG–ABN
REASURE OAST OUNCIL OF OCAL OVERNMENTS NNUAL ANQUET ON OVEMBER
7,2003–JB–CS ........................................................... 7
ENSEN EACH OMMISSIONERS AND TAFF
7.J. O--CT–FSASE
UTOFOUNTY RAVEL LORIDA TATE SSOCIATION OF UPERVISORS OF LECTIONS
CBW–O,F–D4,2003–C
ANVASSING OARD ORKSHOP RLANDO LORIDA ECEMBER OMMISSIONERS
7
7.K. DSVEF ...................................................... 8
EPARTMENT OF TATE OTER DUCATION UNDING
7.L. B#5092–WWRP,PI–RAB,R
ID ET ELL EHABILITATION ROJECT HASE EJECT LL IDS EVISE
SR ...................................................................................................... 8
PECIFICATIONS AND EBID
7.M. B#6004–ABA–GEB,I.(U)........................ 8
ID NNUAL ID FOR NTISCALANT ETZ NC TILITIES
7.N. R2003-122SCFBM$30
ESOLUTION UPPORTING ONTINUED UNDING OF EACH ANAGEMENT OF
MADSRUFE
ILLION NNUALLY FROM OCUMENTARY TAMP EVENUES NDER THE LORIDA COSYSTEM
MRTF ....................................................................... 9
ANAGEMENT AND ESTORATION RUST UND
7.O. PVC-RC ........................................................ 9
AYMENTS TO ENDORS OF OURTELATED OSTS
7.P. R2003-123ATDA
ESOLUTION PPROVING RAFFIC CONTROL EVICES UTHORIZED BY THE
DPW ................................................................................................... 9
IRECTOR OF UBLIC ORKS
7.Q. B#6021–ABC–JC,I.(U) ............. 10
ID NNUAL ID FOR HLORINE ONES HEMICALS NC TILITIES
7.R. B#5094–SH(C)PSC
ID ODIUM YPOCHLORITE HLORINE UMPS FOR OUTH OUNTY
WTF–LOCPECF
ASTEWATER REATMENT ACILITY UMP AND QUIPMENT OMPANY OF LORIDA
(UWTD) .................................................................... 10
TILITIES ASTEWATER REATMENT IVISION
OCTOBER 7, 2003 2
7.S. JAS–CGA,I.–FP
AIL SSESSMENT TUDY ARTER OBLE AND SSOCIATES NC INAL AYMENT AND
RR ......................................................................................................... 10
ELEASE OF ETAINAGE
7.T. ESDAC(ESDAC)–R
MERGENCY ERVICES ISTRICT DVISORY OMMITTEE EMOVAL OF
MHSAMDM .................. 11
EMBER ILDIE TRINGER AND PPOINTMENT OF EMBER EBORAH AYFIELD
7.U. FCFBW–L16,B13,VLE
LOODPLAIN UT AND ILL ALANCE AIVER OT LOCK ERO AKE STATES
U2–SS,I............................................................................................... 11
NIT MITH AND ONS NC
9.A.1.PUBLIC HEARING – RESOLUTION 2003-124 CONFIRMING THE SPECIAL ASSESSMENTS IN
THTH
CONNECTION WITH WATER MAIN EXPANSION TO KINGSLAKE SUBDIVISION (58, 59
THNDTH
AND 60 COURTS AND 62 LANE WEST OF 58 AVENUE) – UCP 2297 11
9.A.2.PUBLIC HEARING – ORDINANCE 2003-034 AMENDING THE ZONING ORDINANCE AND THE
ACCOMPANYING ZONING MAP FOR 36.6 ACRES LOCATED AT THE NORTHEAST CORNER
NDTH
OF 82 AVENUE AND 16 STREET FROM A-1 TO RM-6 (MICHAEL BARATTA) – RZON
2003-06-0192 12
9.B.1.PUBLIC DISCUSSION ITEM - GEORGE RACICOT – DISCUSSION OF ELECTRICAL
PROBLEMS IN MOBILE HOME PARKS IN THE COUNTY 14
9.B.2.PUBLIC DISCUSSION ITEM – BRIAN T. HEADY – DISCUSSION OF MATTERS OF
IMPORTANCE TO THE GROWTH OF THE COUNTY 14
9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON OCTOBER 21, 2003 15
9.C.1.() RG–RR6.65AL
AIVERFRONT ROVES EQUEST TO EZONE CRES OCATED AT THE
NCIRB41SRS-6RM-8
ST
ORTHEAST ORNER OF NDIAN IVER OULEVARD AND TREET FROM TO
(Q-J) .................................................................................................................. 15
UASIUDICIAL
9.C.1.() TB–RR101.4AL
BHOMAS ARNES EQUEST TO EZONE CRES OCATED AT THE
NC8S98AA-1RM-6(Q-J) 16
THTH
ORTHWEST ORNER OF TREET AND VENUE FROM TO UASIUDICIAL
11.C.1.COURTHOUSE CHILLER MAINTENANCE CONTRACT RENEWAL – SOUTH FLORIDA TRANE
SERVICE, INC. 16
OCTOBER 7, 2003 3
11.C.2.OLD FELLSMERE SCHOOL – APPROVAL FOR FELLSMERE BEAUTIFICATION COMMITTEE
TO USE THE SCHOOL GROUNDS FOR A ONE-DAY CIRCUS ON OCTOBER 19, 2003 16
11.C.3.BID #6015 - OLD DOUGLASS SCHOOL CAFETORIUM HEATING VENTILATION AIR
CONDITIONING (HVAC) 17
RD
11.I.1.OSLO ROAD AND 43 AVENUE INTERSECTION IMPROVEMENTS – CONSTRUCTION
TESTING SERVICES AGREEMENT – DUNKELBERGER ENGINEERING AND TESTING, INC.
17
RD
11.I.2.BID #5066 – OSLO ROAD AND 43 AVENUE INTERSECTION IMPROVEMENTS – SHELTRA
AND SON CONSTRUCTION CO., INC. 18
11.I.3.MURPHY ACT RESERVATION AND RELEASE MAPPING PROJECT #0360 – ADDENDUM #1 TO
AGREEMENT FOR SERVICES WITH NICK MILLER, INC. 18
RD
11.I.4.43 AVENUE WIDENING AND DRAINAGE IMPROVEMENTS – PROFESSIONAL
ENGINEERING SERVICES AGREEMENT WITH CARTER ASSOCIATES, INC. – PROJECT #9601
19
12.COUNTY ATTORNEY – ATTORNEY-CLIENT SESSION – INDIAN RIVER COUNTY V.
FREDERICK AND RITA MENSING, CASE NO. 2002-0445-CA-09 19
13.A.CHAIRMAN KENNETH R. MACHT – LETTER FROM DEPARTMENT OF ENVIRONMENTAL
PROTECTION REGARDING CLEANUP OF PETROLEUM CONTAMINATED SITES IN INDIAN
RIVER COUNTY 20
13.C.COMMISSIONER FRAN B. ADAMS – NORTH COUNTY AQUATIC CENTER – INDUSTRY
APPRECIATION AWARD FOR NEW GOVERNMENT PROJECT 21
TH
13.E.COMMISSIONER ARTHUR R. NEUBERGER – GRAND HARBOR PRIVACY GATE AT 47
STREET 22
14.A.EMERGENCY SERVICES DISTRICT 22
14.B.SOLID WASTE DISPOSAL DISTRICT 23
OCTOBER 7, 2003 4
14.C.ENVIRONMENTAL CONTROL BOARD 23
OCTOBER 7, 2003 5
October 7, 2003
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
th
Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday,
October 7, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman and Commissioners Fran
B. Adams, Thomas S. Lowther, and Arthur R. Neuberger. Vice Chairman Caroline D. Ginn was
away on vacation. Also present were James E. Chandler, County Administrator; William G. Collins
II, County Attorney; Kimberly Massung, Executive Aide to the Board; and Patricia “PJ” Jones,
Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Dr. G. Timothy Womack, First Presbyterian Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Adams led the Pledge of Allegiance to the Flag.
OCTOBER 7, 2003 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Macht requested the following changes to today’s Agenda:
1. Change date on Item 7.I. from November 14, 2003 to November 7, 2003.
2.Delete Item 7.T., Removal and Appointment of Emergency Services District
Advisory Committee Member.
Withdraw Item 9.B.1., Request from George Racicot to discuss electrical problems in mobile home
parks in the County.
4. Add Item 13.C., Commissioner Fran B. Adams, North County Aquatic Center Industry
Appreciation Award for New Government Project.
th
5. Add Item 13.E., Commissioner Arthur R. Neuberger, Privacy Gate at 47 Street, Grand
Harbor.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board, by a 4-0 vote (Commissioner Ginn absent)
unanimously made the above changes to the Agenda.
OCTOBER 7, 2003 2
5. PROCLAMATIONS AND PRESENTATIONS
A. PDMO2003
ROCLAMATION ESIGNATING THE ONTH OF CTOBER AS
NAHM
ATIONAL RTS AND UMANITIES ONTH
The Chairman presented the Proclamation to Sheilah Tucker of the Cultural Council.
Sheilah Tucker
, Chairman of the Cultural Council, thanked the Board for the recognition
and referenced a 2001 survey of the nonprofit arts industries which found that for every dollar
invested, $80 was returned. Across the nation communities are recognizing that art-related
businesses are generating tourism and cultural councils are involved in creating innovative cultural
safe havens for youth and families. Social services are beginning to promote cultural experiences to
nurture the individual artist and bring enjoyment to residents and visitors alike.
Chairman Macht thanked the Cultural Council specifically for developing the art camp for
at-risk children.
6.A. APPROVAL OF MINUTES – JUNE 13, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Special
Meeting of June 13, 2003. There were none.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board, by a 4-0 vote (Commissioner Ginn absent)
unanimously approved the Minutes of the Special Meeting of June 13,
2003, as written.
OCTOBER 7, 2003 3
6.B. APPROVAL OF MINUTES – SEPTEMBER 2, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of September 2, 2003. There were none.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board, by a 4-0 vote (Commissioner Ginn absent)
unanimously approved the Minutes of the Regular Meeting of September
2, 2003, as written.
6.C. APPROVAL OF MINUTES – SEPTEMBER 9, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of September 9, 2003. There were none.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board, by a 4-0 vote (Commissioner Ginn absent)
unanimously approved the Minutes of the Regular Meeting of September
9, 2003, as written.
7. CONSENT AGENDA
7.A. R
EPORTS
The following report has been received and is on file in the office of the Clerk to the Board:
The C.O.R.E. (Comprehensive Offender Rehabilitation and Education) Program Annual
th
Report for 2002 (DUI/Misdemeanor Probation and Education Services for the 19
Judicial Circuit)
OCTOBER 7, 2003 4
7.B. AW–S12-18,2003
PPROVAL OF ARRANTS EPTEMBER
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously approved the list of Warrants as issued by the Clerk to
the Board for September 12-18, 2003, as requested in the memorandum.
7.C. AW–S19-25,2003
PPROVAL OF ARRANTS EPTEMBER
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously approved the list of Warrants as issued by the Clerk to
the Board for September 19-25, 2003, as requested in the memorandum.
7.D. PHMDG,SS
ROCLAMATION ONORING ILLIE ELROSSO TUDENT UPPORT
SVBHS
PECIALIST AT ERO EACH IGH CHOOL
The Chairman entered the Proclamation on the record.
OCTOBER 7, 2003 5
7.E. AFR–DF,F
NNUAL IRE EPORT IVISION OF ORESTRY LORIDA
DACS
EPARTMENT OF GRICULTURE AND ONSUMER ERVICES
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously accepted the report as filed.
COPY OF OPERATING PLAN BETWEEN FLORIDA DIVISION OF
FORESTRY AND INDIAN RIVER COUNTY DEPARTMENT OF
EMERGENCY SERVICES FOR FISCAL YEAR 2003-04 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.F. MANWAC
ARINE DVISORY ARROWS ATERSHED CTION OMMITTEE
(MANWAC)–RTWA
ESIGNATION OF SEN ANG AND PPOINTMENT OF
JB
OHN ERRIGAN
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously approved the appointment of John Berrigan, as
recommended in the memorandum.
7.G. HRAC–V
ISTORIC ESOURCES DVISORY OMMITTEE ACANCY ON
CDDMDB
OMMITTEE UE TO THE EATH OF EMBER ONALD ERCAW
Acknowledgment of the vacancy due to the death of Mr. Bercaw was noted
for the record.
OCTOBER 7, 2003 6
7.H. MPOCA
ETROPOLITAN LANNING RGANIZATION ITIZENS DVISORY
C(MPOCAC)–VCD
OMMITTEE ACANCY ON OMMITTEE UE TO THE
DMLM
EATH OF EMBER EONARD ILLER
Acknowledgment of the vacancy due to the death of Mr. Miller was noted
for the record.
7.I. TCCLG–A
REASURE OAST OUNCIL OF OCAL OVERNMENTS NNUAL
BN7,2003–JB–C
ANQUET ON OVEMBER ENSEN EACH OMMISSIONERS
S
AND TAFF
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously approved reimbursement for Commissioners,
department heads, the County Administrator and his assistant, the County
Attorney and the Executive Aide to attend the banquet, as recommended
by staff in their memorandum.
7.J. O--CT–FSA
UTOFOUNTY RAVEL LORIDA TATE SSOCIATION OF
SECBW–
UPERVISORS OF LECTIONS ANVASSING OARD ORKSHOP
O,F–D4,2003–C
RLANDO LORIDA ECEMBER OMMISSIONERS
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously approved out-of-County travel for all Commissioners
OCTOBER 7, 2003 7
and a representative from the County Attorney’s office to attend the 2004
FSASE Canvassing Board Workshop on Thursday, December 4, 2003 at
the Adam’s Mark Hotel at the Florida Mall in Orlando, as requested by staff
in their memorandum.
7.K. DSVEF
EPARTMENT OF TATE OTER DUCATION UNDING
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously authorized the Chairman to execute the Certificate
Regarding Matching Funds, as requested in the memorandum.
COPY OF CERTIFICATE IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.L. B#5092–WWRP,PI–R
ID ET ELL EHABILITATION ROJECT HASE EJECT
AB,RSR
LL IDS EVISE PECIFICATIONS AND EBID
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously rejected all bids and authorized staff to revise the
specifications and rebid the project, as recommended by staff in their
memorandum.
7.M. B#6004–ABA–GEB,I.
ID NNUAL ID FOR NTISCALANT ETZ NC
(U)
TILITIES
OCTOBER 7, 2003 8
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously awarded Bid #6004 to GE Betz, Inc. in the projected
amount of $4,664, pursuant to the terms of the recommendation by staff in
their memorandum of September 23, 2003.
7.N. R2003-122SCFB
ESOLUTION UPPORTING ONTINUED UNDING OF EACH
M$30MAD
ANAGEMENT OF ILLION NNUALLY FROM OCUMENTARY
SRUFEM
TAMP EVENUES NDER THE LORIDA COSYSTEM ANAGEMENT
RTF
AND ESTORATION RUST UND
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously adopted Resolution 2003-122 supporting continued
funding of beach management of $30 million annually from documentary
stamp revenues under the Florida Ecosystem Management and Restoration
Trust Fund.
7.O. PVC-RC
AYMENTS TO ENDORS OF OURTELATED OSTS
NO ACTION REQUIRED OR TAKEN.
7.P. R2003-123ATD
ESOLUTION PPROVING RAFFIC CONTROL EVICES
ADPW
UTHORIZED BY THE IRECTOR OF UBLIC ORKS
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
OCTOBER 7, 2003 9
absent) unanimously adopted Resolution 2003-123 approving traffic
control devices authorized by the Director of Public Works.
7.Q. B#6021–ABC–JC,I.
ID NNUAL ID FOR HLORINE ONES HEMICALS NC
(U)
TILITIES
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously awarded Bid #6021 to Jones Chemicals, Inc. in the
projected amount of $2,200 under the terms recommended by staff in their
memorandum of September 26, 2003.
7.R. B#5094–SH(C)PS
ID ODIUM YPOCHLORITE HLORINE UMPS FOR OUTH
CWTF–LOCP
OUNTY ASTEWATER REATMENT ACILITY UMP AND
ECF(UW
QUIPMENT OMPANY OF LORIDA TILITIES ASTEWATER
TD)
REATMENT IVISION
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously awarded Bid #5094 to LOC Pump and Equipment
Company of Florida in the total amount of $25,771, as the lowest most
responsive and responsible bidder meeting the specifications as set forth in
the invitation to bid, as recommended by staff in their memorandum.
7.S. JAS–CGA,I.–
AIL SSESSMENT TUDY ARTER OBLE AND SSOCIATES NC
FPRR
INAL AYMENT AND ELEASE OF ETAINAGE
OCTOBER 7, 2003 10
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously approved release of the retained funds and final
payment to Carter Goble and Associates, Inc. in the amount of $7,477.51,
as recommended by staff in their memorandum.
7.T. ESDAC(ESDAC)–
MERGENCY ERVICES ISTRICT DVISORY OMMITTEE
RMHSA
EMOVAL OF EMBER ILDIE TRINGER AND PPOINTMENT OF
MDM
EMBER EBORAH AYFIELD
Deleted.
7.U. FCFBW–L16,B13,
LOODPLAIN UT AND ILL ALANCE AIVER OT LOCK
VLEU2–SS,I.
ERO AKE STATES NIT MITH AND ONS NC
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously granted the cut and fill balance waiver based on the
criteria of Section 930.07(2)(d)4, as recommended by staff in their
memorandum.
9.A.1. PUBLIC HEARING – RESOLUTION 2003-124 CONFIRMING THE
SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN
THTHTH
EXPANSION TO KINGSLAKE SUBDIVISION (58, 59 AND 60
NDTH
COURTS AND 62 LANE WEST OF 58 AVENUE) – UCP 2297
OCTOBER 7, 2003 11
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Manager of Assessment Projects Dan Chastain reviewed the project for the Board and
stated that the estimated cost is $183,000, just over 17 cents per square foot of property.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED by Commissioner
Neuberger, the Board, by a 4-0 vote (Commissioner Ginn absent)
unanimously adopted Resolution 2003-124 confirming the special
assessments in connection with water main expansion to Kingslake
thththndth
Subdivision (58, 59, and 60 Courts and 62 Lane west of 58 Avenue)
in Indian River County, Florida.
9.A.2. PUBLIC HEARING – ORDINANCE 2003-034 AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR
ND
36.6 ACRES LOCATED AT THE NORTHEAST CORNER OF 82
TH
AVENUE AND 16 STREET FROM A-1 TO RM-6 (MICHAEL BARATTA)
– RZON 2003-06-0192
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 to review
the project for the Board.
OCTOBER 7, 2003 12
The Chairman opened the public hearing and asked if anyone wished to be heard with regard
to this matter.
Kay White Hanson
from the Lakes of Pointe West stated that she discovered the signs
advertising the proposed rezoning in a ditch while riding her bike last Friday and that was the first
time she had notice of the action. She questioned whether the developer could technically have 6
apartment buildings on each acre, and Director Keating responded that there could be as many as
6 units per acre with a height limit of 35 feet, so they could be 3-story buildings.
Ms. Hanson stated that she would not object to a development such as Cambridge Park
which is very low with a lot of trees but apartment buildings should not be allowed. Pointe West is
like a small town with not too much density and lots of green space where it is safe to ride bicycles.
Apartment buildings would have a very big impact on the traffic and on the ecology in the area.
Even at Pointe West most people seem to want single-family homes.
Chairman Macht clarified that 6 units per acre would be 6 dwelling units, or 6 apartments,
not 6 buildings.
Commissioner Adams explained that would be approximately the same number of persons
as single-family households, with the same number of traffic trips per day, with the advantage being
that there would be more open space because the dwelling would be limited to one building. There
are good and bad aspects to everything.
Brian Heady,
Vero Beach, stated that the number one industry in the County is tourism and
the number two industry is agriculture and that paving over the agricultural land is not a good idea.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
OCTOBER 7, 2003 13
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board, by a 4-0 vote (Commissioner Ginn absent)
unanimously adopted Ordinance 2003-034 amending the Zoning
Ordinance and the accompanying Zoning Map for 36.6 acres located at the
ndth
northeast corner of 82 Avenue and 16 Street from A-1, Agricultural
District (up to 1 unit/5 acres) to RM-6, Multi-Family Residential District
(up to 6 units/acre) (Michael Baratta).
9.B.1. PUBLIC DISCUSSION ITEM - GEORGE RACICOT – DISCUSSION
OF ELECTRICAL PROBLEMS IN MOBILE HOME PARKS IN THE
COUNTY
Deleted
9.B.2. PUBLIC DISCUSSION ITEM – BRIAN T. HEADY – DISCUSSION OF
MATTERS OF IMPORTANCE TO THE GROWTH OF THE COUNTY
Brian T. Heady
, Vero Beach, presented some photographs he had taken of the beaches
after the recently completed beach renourishment project (photographs were not given to the
Clerk). He noted that he did not see any evidence of the escarpment which had been forecasted but
he did note that the sea oats on top of the dunes had been buried and the sand has been washed
away. He also stated that he had heard that 3.8 acres of reef had been buried during the project (Mr.
Heady did not give a reference for this statement). He also had a dead baby turtle in a plastic bag
which he claimed had been buried during the renourishment project.
Mr. Heady continued that elected officials are erecting a “blue wall of silence” when they sit
silent about things they know not to be true. He made reference to officials telling the public that
141,000 sea oats had been planted and were well established and then seeing that they were all gone
and hearing from the experts that this had been the worst turtle season in 15 years, attributing these
negative facts to the renourishment project.
OCTOBER 7, 2003 14
Commissioner Macht asked Mr. Heady to take his seat as his 3 minutes were up.
(CLERK’S NOTE: THE FOLLOWING DISCUSSION TOOK PLACE FOLLOWING THE
ANNOUNCEMENT OF ITEM 11.C.1. BUT IS PRESENTED HERE FOR PURPOSES OF
CONTINUITY.)
Commissioner Adams felt that Mr. Heady had made some serious allegations which should
be answered.
Coastal Resources Manager Jonathan Gorham stated that the response to Hurricane Isabel
had been looked at and no significant erosion could be measured and no escarpments were noted.
As far as could be told the beach was behaving as it should. This is a 5-year program and will take
some time for the full results to be seen.
Commissioner Neuberger noted that Mr. Heady had shown some pictures but did not
identify the area where they were taken, showing sea oats missing.
Dr. Gorham stated that the last time they were in the area the sea oats were thriving. They
were all planted at 12 to 14 feet above sea level. If they had been damaged, we would have had
widespread damage throughout the County. He assured the Board he would take another look later
this afternoon.
Chairman Macht stated that he and his wife were in that area recently and it looked good.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC HEARING ON
OCTOBER 21, 2003
9.C.1.() RG–RR6.65A
AIVERFRONT ROVES EQUEST TO EZONE CRES
LNCIRB
OCATED AT THE ORTHEAST ORNER OF NDIAN IVER OULEVARD
41SRS-6RM-8(Q-J)
ST
AND TREET FROM TO UASIUDICIAL
OCTOBER 7, 2003 15
9.C.1.() TB–RR101.4AL
BHOMAS ARNES EQUEST TO EZONE CRES OCATED
NC8S98A
THTH
AT THE ORTHWEST ORNER OF TREET AND VENUE FROM
A-1RM-6(Q-J)
TO UASIUDICIAL
Executive Aide Kimberly Massung read the notices into the record.
11.C.1. COURTHOUSE CHILLER MAINTENANCE CONTRACT
RENEWAL – SOUTH FLORIDA TRANE SERVICE, INC.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board, by a 4-0 vote (Commissioner Ginn absent)
unanimously approved an additional one-year extension through
November 21, 2004 with South Florida Trane Service Incorporated for
$11,875, as recommended by staff in their memorandum.
11.C.2. OLD FELLSMERE SCHOOL – APPROVAL FOR FELLSMERE
BEAUTIFICATION COMMITTEE TO USE THE SCHOOL GROUNDS
FOR A ONE-DAY CIRCUS ON OCTOBER 19, 2003
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board, by a 4-0 vote (Commissioner Ginn absent)
unanimously approved the request of the Fellsmere Beautification
Committee with the City Council of Fellsmere to allow them to sponsor a
one-day circus on city property currently under lease to the Board of
County Commissioners on the south side of the Old School provided that
the Committee obtain approval of the City Council and that the County be
OCTOBER 7, 2003 16
named as an additional insured on the insurance certificate and that a copy
of that certificate be provided in advance of October 19, 2003, as
recommended by staff in their memorandum.
11.C.3. BID #6015 - OLD DOUGLASS SCHOOL CAFETORIUM
HEATING VENTILATION AIR CONDITIONING (HVAC)
General Services Director Tom Frame noted that the window units included were the
cheapest available but would not comply with Code. This project should be done properly.
Chairman Macht stated that Frederick Douglass, for whom the Cafetorium was named, was
one of the greatest Americans who ever lived. The uses envisioned for it are worthwhile and we
have done little to improve the conditions. The Dasie Hope organization was built by its Board and
Executive Director into a wonderful thing out of nothing and they need a good home to continue
their good work. In addition, the Recreation Department uses the facility and it is also used as a
community center. He proposed that it be maintained properly in order to enhance its value to the
community and believed the funds should be spent to get it started. He urged the Board to
appropriate the necessary funds.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously approved Alternative 2, to reject the bids and redesign
the project, and then re-bid.
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11.I.1. OSLO ROAD AND 43 AVENUE INTERSECTION
IMPROVEMENTS – CONSTRUCTION TESTING SERVICES
AGREEMENT – DUNKELBERGER ENGINEERING AND TESTING, INC.
OCTOBER 7, 2003 17
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board, by a 4-0 vote (Commissioner Ginn absent)
unanimously approved the Construction Testing Services Agreement with
Dunkelberger Engineering and Testing, Inc. in a not-to-exceed amount of
$17,337.50, as recommended by staff in their memorandum.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
RD
11.I.2. BID #5066 – OSLO ROAD AND 43 AVENUE INTERSECTION
IMPROVEMENTS – SHELTRA AND SON CONSTRUCTION CO., INC.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board, by a 4-0 vote (Commissioner Ginn absent)
unanimously awarded Bid #5066 to Sheltra and Son Construction Co., Inc.
in the amount of $2,347,748.75, pursuant to the terms set forth in staff’s
memorandum of September 18, 2003.
BID DOCUMENTS ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
11.I.3. MURPHY ACT RESERVATION AND RELEASE MAPPING
PROJECT #0360 – ADDENDUM #1 TO AGREEMENT FOR SERVICES
WITH NICK MILLER, INC.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board, by a 4-0 vote (Commissioner Ginn absent)
OCTOBER 7, 2003 18
unanimously approved Addendum #1 to the Agreement with Nick Miller,
Inc. and authorized the Chairman to execute same, as recommended by
staff in their memorandum.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
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11.I.4. 43 AVENUE WIDENING AND DRAINAGE IMPROVEMENTS
– PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC. – PROJECT #9601
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board, by a 4-0 vote (Commissioner Ginn
absent) unanimously approved the Agreement with Carter Associates, Inc.
and authorized the Chairman to execute same, as recommended by staff in
their memorandum.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY – ATTORNEY-CLIENT SESSION – INDIAN
RIVER COUNTY V. FREDERICK AND RITA MENSING, CASE NO.
2002-0445-CA-09
(CLERK’S NOTE: THIS ITEM WAS HEARD AFTER ITEM 13.E. BUT IS PRESENTED
HERE FOR PURPOSES OF CONTINUITY.)
OCTOBER 7, 2003 19
The Chairman called a recess at 10:10 a.m. and the Board reconvened at 10:45 a.m. with the
same members present to hear Item 12.
County Attorney Will Collins stated that a mediation is scheduled for next Monday, October
13, 2003, and an attorney-client session is necessary prior to that mediation. The Government in the
Sunshine Law requires that no portion of the session be held off the record. However, the
attorney-client session is not public record at this time and will be recorded by a court reporter.
The Chairman called a recess at 10:48 a.m. for the attorney-client session and the Board
reconvened at 11:45 a.m. with the same members present.
ON MOTION by Chairman Macht, SECONDED by Commissioner
Neuberger, the Board, by a 4-0 vote (Commissioner Ginn absent)
unanimously appointed County Attorney William G. Collins as Mediator in
the suit of Indian River County v. Frederick and Rita Mensing, Case No.
2002-0445-CA-09.
13.A. CHAIRMAN KENNETH R. MACHT – LETTER FROM
DEPARTMENT OF ENVIRONMENTAL PROTECTION REGARDING
CLEANUP OF PETROLEUM CONTAMINATED SITES IN INDIAN RIVER
COUNTY
Chairman Macht referenced a letter received from DEP regarding the cleanup
of petroleum contaminated sites and felt it was interesting that they are designating
another county (Brevard) government to undertake these tasks.
Commissioner Adams felt that we could deal with these issues better locally. She did believe
that it was a good sign that Tallahassee is beginning to understand that, although they would love
OCTOBER 7, 2003 20
to have control over everything including all the state park managements, they just don’t have the
funds to do everything.
Commissioner Neuberger questioned whether there are any contaminated areas that we are
aware of at this time.
Charles Vogt
, Environmental Health Inspector, Department of Health, advised that this
arrangement was negotiated over a period of several years between Brevard County and the DEP.
Brevard County has a very strong program. Indian River County has very few sites. There are
currently about 25 local sites slated for some form of activity. There are a few sites on US#1 that
could not have drinking water wells but most of these are ranked very low. The old air force station
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would be the worst site, requiring a different form of clean up. There are also 2 bulk sites on 16
Street, Addison and McMillan, and 2 others just west of those. He stated that he had worked
personally with Doug Divers of Brevard County and looked forward to a good working relationship
with their crew.
NO ACTION REQUIRED OR TAKEN.
13.C. COMMISSIONER FRAN B. ADAMS – NORTH COUNTY AQUATIC
CENTER – INDUSTRY APPRECIATION AWARD FOR NEW
GOVERNMENT PROJECT
Commissioner Adams wanted to share with the community the New Government Project
Industry Appreciation Award received by the North County Aquatic Center from the Indian River
County Chamber of Commerce 2 weeks ago. The North County Recreation Center is being
recognized nationally. Also, the State finals will be held at the end of this month in the swim meet
and volunteers are needed. Being chosen as host for this swim meet is a tremendous thing and will
have a wonderful economic impact on the County.
NO ACTION REQUIRED OR TAKEN.
OCTOBER 7, 2003 21
13.E. COMMISSIONER ARTHUR R. NEUBERGER – GRAND HARBOR
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PRIVACY GATE AT 47 STREET
Commissioner Neuberger questioned a Grand Harbor privacy gate on Indian River
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Boulevard at 47 Street approved by the Planning & Zoning Commission which might prove to be
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a hardship on 49 Street.
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Public Works Director Jim Davis explained that 49 Street had originally been a connecting
road back in the 1980s and staff had requested that it be extended further east. However, Grand
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Harbor did not own the US#1 frontage and there was no right-of-way for 49 Street east of US#1
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pursuant to the plat of Indian River Farms in 1942. Therefore, 49 Street was eliminated from the
thoroughfare plan.
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Community Development Director Bob Keating stated that 47 Street was dedicated as a
private road at the time of Grand Harbor’s initial plat. Grand Harbor did traffic studies which were
reviewed by engineering and no adverse impacts were found and the final plat was approved.
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Commissioner Neuberger wanted to know why the plan for the 47 Street privacy gate was
not presented to the Board, and Director Davis explained that this was a private road platted by
Grand Harbor.
NO ACTION REQUIRED OR TAKEN.
14.A. EMERGENCY SERVICES DISTRICT
None.
OCTOBER 7, 2003 22
14.B. SOLID WASTE DISPOSAL DISTRICT
None.
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 11:48 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved: _________________
BCC/PJ/2003Minutes
OCTOBER 7, 2003 23