HomeMy WebLinkAbout01/10/2006
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 10, 2006
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 1
5.PROCLAMATIONS AND PRESENTATIONS ....................................... 2
6.A.APPROVAL OF MINUTES – NOVEMBER 14, 2005 (JOINT
MEETING WITH CITY OF VERO BEACH).......................................... 2
6.B.APPROVAL OF MINUTES – NOVEMBER 15, 2005 ............................. 2
6.C.APPROVAL OF MINUTES – NOVEMBER 17, 2005 (JOINT
MEETING WITH CITY OF SEBASTIAN) .............................................. 3
6.D.APPROVAL OF MINUTES – DECEMBER 1, 2005 (JOINT
MEETING WITH CITY OF FELLSMERE) ............................................ 3
January 10, 2006 1
7.CONSENT AGENDA ................................................................................... 4
7.A.R .....................................................................................................................4
EPORTS
7.B.AW ...........................................................................................4
PPROVAL OF ARRANTS
7.C.BACAA
LANKET UTHORIZATION FOR OMMISSIONERS TO TTEND SSIGNED
CMO--C(T) .................................................5
OMMITTEE EETINGS UTOFOUNTY RAVEL
7.D.ARCEDC
PPOINTMENT OF AY ONIGLIO TO THE CONOMIC EVELOPMENT OUNCIL
(EDC)SRACC(R
BY THE EBASTIAN IVER REA HAMBER OF OMMERCE EPLACES
EJ) ................................................................................................................5
D UNKER
7.E.O--CTATCL
UTOFOUNTY RAVEL TO TTEND THE REASURE OAST EGISLATIVE
CF22-24,2006–T–C
ONFERENCE EBRUARY ALLAHASSEE OMMISSIONERS AND
S ..........................................................................................................................5
TAFF
7.F.RLAAC(LAAC)
EAPPOINTMENTS TO THE AND CQUISITION DVISORY OMMITTEE
VA–TR(IRLT),J
BY ARIOUS GENCIES ONI OBINSON NDIAN IVER AND RUST AMES
G(T’A),MWTR
RANSE AXPAYERS SSOCIATION ICHAEL ALTHER ALMAGE OGERS
(CC),D.RB(PIA
HAMBER OF OMMERCE R ICHARD AKER ELICAN SLAND UDUBON
S),JB(MCD),LW
OCIETY ANICE RODA OSQUITO ONTROL ISTRICT AND OIS ORK
(RAIRC) ..............................................6
EALTORS SSOCIATION OF NDIAN IVER OUNTY
7.G.RMANWA
EAPPOINTMENT TO THE ARINE DVISORY ARROWS ATERSHED CTION
C(MANWAC)–DC(RWA)–
OMMITTEE OUG ARLSON ICH ILSON LTERNATE
GA/MCDR .........8
OVERNMENTAL GENCYOSQUITO ONTROL ISTRICT EPRESENTATIVE
7.H.HHWAPRR
AEGER IGHLANDS ATER SSESSMENT ROJECT ELEASE OF ETAINAGE
-ACON.1FPC–
PPROVAL OF HANGE RDER O AND INAL AYMENT TO ONTRACTOR
Y’CC,I. ............................................................8
OUNGS OMMUNICATIONS OMPANY NC
7.I.FF&WCC–AR
LORIDA ISH ILDLIFE ONSERVATION OMMISSION RTIFICIAL EEF
M–TEA–AN.1G
ONITORING IME XTENSION GREEMENT MENDMENT O TO RANT
A-FWC-04027–(FIT) ....................9
GREEMENT LORIDA NSTITUTE OF ECHNOLOGY
7.J.RSSPP-R
OCKRIDGE UBDIVISION URGE ROTECTION ROJECT ANKING OF
ECAN
NGINEERING ONSULTANTS AND UTHORIZATION TO EGOTIATE AN
EDCMP,I.,#1
NGINEERING ESIGN ONTRACT WITH ALCOLM IRNIE NC THE
(#2PBS&J) .............................9
RANKED FIRM RANKED OST UCKLEY CHUH ERNIGAN
January 10, 2006 2
9.A.PUBLIC HEARING – SHOWCASE DESIGNER HOMES, LC –
PLANNED DEVELOPMENT (PD) SPECIAL EXCEPTION USE
AND PRELIMINARY PD PLAN/PLAT APPROVAL FOR A
PROJECT TO BE KNOWN AS ORCHARD PARK
(PD-05-02-01/20041000070-44612) ............................................................ 10
9.C.PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING
ON JANUARY 17, 2006 – AMENDMENTS TO ANIMAL
CONTROL ORDINANCE AND ACCOMPANYING
RESOLUTION UPDATING FEES .......................................................... 13
11.C.GENERAL SERVICES – NEW COUNTY ADMINISTRATION
BUILDINGS – SECOND PROGRESS REPORT – COUNTY
ADMINISTRATOR AUTHORIZED TO SIGN CHANGE
ORDERS TO SAVE SALES TAX – COMMENTS CONCERNING
THTH
MOVING FECRR CROSSING FROM 26 STREET TO 27
STREET........................................................................................................ 13
11.I.1.PUBLIC WORKS – A.M. ENGINEERING AND TESTING, INC. –
WORK ORDER NO. 1 (ENGINEERING) - PROFESSIONAL
ST
GEOTECHNICAL SERVICES CONTRACT NO. 0534 FOR 41
STREET ROADWAY IMPROVEMENTS – PROJECT NOS. 0016
AND 0236 ...................................................................................................... 15
11.I.2.PUBLIC WORKS – AWARD OF BID NO. 2006041 TO LUCAS
MARINE CONSTRUCTION, INC. – OSLO ROAD (CR606) -
LATERAL “J” CANAL BRIDGE REPLACEMENT – PROJECT
NO. 9705B ..................................................................................................... 16
January 10, 2006 3
13.ACHAIRMAN ARTHUR R. NEUBERGER – UPDATE ON
CITRUS CANKER MEETING ................................................................. 16
13.E.COMMISSIONER THOMAS S. LOWTHER – FLORIDA RIDGE
HOUSE - THREE BROTHERS AND A SISTER, LLC ........................ 17
14.A.EMERGENCY SERVICES DISTRICT .................................................. 19
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 19
14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 19
DOCUMENTS MADE PART OF THE RECORD...................................................... 19
CITYOFSEBASTIANANNEXATIONORDINANCENO.O-05-20S&S
ENTERPRISES,INC./FLP#2,LLC–3.3ACRESLOCATEDIN
CROSSROADSSHOPPINGPLAZA–N.OFCR512&S.OF
TRANS-FLORIDACENTRALRAILROAD-PARTOFSEC22,TWP31S,
RGE38E ................................................................................................................. 19
January 10, 2006 4
January 10, 2006
MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, January 10, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice
Chairman Gary C. Wheeler, Commissioners Sandra L. Bowden, Wesley S. Davis, and Thomas S.
Lowther. Also present were Administrator Joseph A. Baird, County Attorney William G. Collins
II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Patricia Ridgely.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order.
2. INVOCATION
Public Works Director Jim Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Bowden led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
January 10, 2006 1
Chairman Neuberger added Item 13.A., an update on a Citrus Canker Meeting with
Commissioner Bronson of the Department of Agriculture and Consumer Services.
ON MOTION BY Chairman Lowther, SECONDED by
Commissioner Davis, the Board unanimously added the
above item to the agenda.
5. PROCLAMATIONS AND PRESENTATIONS
None.
6.A. APPROVAL OF MINUTES – NOVEMBER 14, 2005 (JOINT
MEETING WITH CITY OF VERO BEACH)
The Chairman asked if there were any corrections or additions to the Minutes of the
Joint Meeting with City of Vero Beach on November 14, 2005. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Joint Meeting with the City of Vero
Beach on November 14, 2005, as written and distributed.
6.B. APPROVAL OF MINUTES – NOVEMBER 15, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting on November 15, 2005. There were none.
January 10, 2006 2
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of November 15, 2005, as
written and distributed.
6.C. APPROVAL OF MINUTES – NOVEMBER 17, 2005 (JOINT
MEETING WITH CITY OF SEBASTIAN)
The Chairman asked if there were any corrections or additions to the Minutes of the
Joint Meeting with City of Sebastian on November 17, 2005. There were none.
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Joint Meeting with City of Sebastian on
November 17, 2005, as written and distributed.
6.D. APPROVAL OF MINUTES – DECEMBER 1, 2005 (JOINT
MEETING WITH CITY OF FELLSMERE)
The Chairman asked if there were any corrections or additions to the Minutes of the
Joint Meeting with City of Fellsmere on December 1, 2005. There were none.
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Joint Meeting with City of Fellsmere on
December 1, 2005, as written and distributed.
January 10, 2006 3
7. CONSENT AGENDA
Chairman Neuberger requested that Item 7.F. be separated from the Consent Agenda
for discussion.
7.A. R
EPORTS
The following reports have been received and are on file in the office of the Clerk to the
Board:
1.Report of Convictions for the month of December 2005
2.Florida Department of Transportation – Advance Notification – SR-9 (I-95)
from 1 mile south of the Indrio Road interchange to 1.26 miles north of the
CR 512 interchange
3.Florida Department of Transportation Kickoff Meeting Notice – Tuesday,
January 12, 2006 – Project Limits: From the Indrio Road interchange to the
CR 512 interchange
7.B. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
period of December 23-29, 2005, as requested.
January 10, 2006 4
7.C. BACA
LANKET UTHORIZATION FOR OMMISSIONERS TO TTEND
ACMO--C(T)
SSIGNED OMMITTEE EETINGS UTOFOUNTY RAVEL
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved
out-of-county travel for all current and any future assigned
committee meetings Board members are required to attend,
as recommended in the memorandum of January 4, 2006.
7.D. ARCE
PPOINTMENT OF AY ONIGLIO TO THE CONOMIC
DC(EDC)SRA
EVELOPMENT OUNCIL BY THE EBASTIAN IVER REA
CC(REJ)
HAMBER OF OMMERCE EPLACES D UNKER
Appointment noted for the record.
7.E. O--CTATC
UTOFOUNTY RAVEL TO TTEND THE REASURE OAST
LCF22-24,2006–
EGISLATIVE ONFERENCE EBRUARY
T–CS
ALLAHASSEE OMMISSIONERS AND TAFF
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved
out-of-county travel for Commissioners and staff to attend
the above conference, as requested in the memorandum of
January 4, 2006.
January 10, 2006 5
7.F. RLAA
EAPPOINTMENTS TO THE AND CQUISITION DVISORY
C(LAAC)VA–TR
OMMITTEE BY ARIOUS GENCIES ONI OBINSON
(IRLT),JG(T’
NDIAN IVER AND RUST AMES RANSE AXPAYERS
A),MWTR(C
SSOCIATION ICHAEL ALTHER ALMAGE OGERS HAMBER
C),D.RB(PIA
OF OMMERCE R ICHARD AKER ELICAN SLAND UDUBON
S),JB(MCD),
OCIETY ANICE RODA OSQUITO ONTROL ISTRICT AND
LW(RAIRC)
OIS ORK EALTORS SSOCIATION OF NDIAN IVER OUNTY
Chairman Neuberger, as Commission liaison to the LAAC, wanted to discuss the
request by the Chamber of Commerce to appoint Michael Walther as the representative for the
Chamber of Commerce. Mr. Walther is an excellent suggestion but, he pointed out, Talmage
Rogers has been a very good member on the LAAC since its inception in 1990.
Commissioner Davis questioned the initial structure of the LAAC; Chairman
Neuberger understood that a municipality appoints their representative, but an organization’s
representative need only be a member of the organization.
County Attorney Collins added that LAAC was created by resolution and the criteria
could be amended at any time.
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner Davis, to retain Talmage
Rogers as the Chamber of Commerce representative.
Under discussion, Commissioner Lowther noted that this request to appoint Mr.
Walther came from the Chamber of Commerce.
January 10, 2006 6
Vice Chairman Wheeler, who has attended some of the LAAC meetings, thought
Mr. Rogers was a very valuable member of that committee who periodically disagrees with the
majority, and he saw that as a positive.
Discussion ensued during which it was established that Mr. Walther would be a fine
member and that Mr. Rogers was still willing to serve on the LAAC.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (Mr. Rogers retained as Chamber of
Commerce representative to LAAC.)
Commissioner Davis reminded the others that the Board needed to vote on the other
appointments.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Wheeler, the Commission unanimously
appointed the others as listed below:
Toni Robinson Indian River Land Trust
James Granse Taxpayers’ Association
Talmage Rogers Chamber of Commerce
Dr. Richard Baker Pelican Island Audubon Society
Janice Broda Mosquito Control District
Lois Work Realtors Assn. of Indian River County
January 10, 2006 7
7.G. RMAN
EAPPOINTMENT TO THE ARINE DVISORY ARROWS
WAC(MANWAC)–DC
ATERSHED CTION OMMITTEE OUG ARLSON
(RWA)–G
ICH ILSON LTERNATE OVERNMENTAL
A/MCDR
GENCYOSQUITO ONTROL ISTRICT EPRESENTATIVE
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
approved the above reappointment and alternate as
requested by Mr. Carlson in his e-mail of December 28,
2005.
7.H. HHWAPR
AEGER IGHLANDS ATER SSESSMENT ROJECT ELEASE OF
R-ACON.1F
ETAINAGE PPROVAL OF HANGE RDER O AND INAL
PC–Y’C
AYMENT TO ONTRACTOR OUNGS OMMUNICATIONS
C,I.
OMPANY NC
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
approved Change Order No. 1 for a decrease in the amount
of $102.00, approved the total project cost of $33,206.00,
and approved Application for Pay Request No. 2 – Final, as
final payment to the Contractor, Young’s Communications
Company, Inc., in the amount of $3,228.80, as
recommended in the memorandum of December 28, 2005.
DOCUMENTS WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
January 10, 2006 8
WHEN EXECUTED AND RECEIVED
7.I. FF&WCC–
LORIDA ISH ILDLIFE ONSERVATION OMMISSION
ARM–TEA–
RTIFICIAL EEF ONITORING IME XTENSION GREEMENT
AN.1GA-FWC-04027–
MENDMENT O TO RANT GREEMENT
(FIT)
LORIDA NSTITUTE OF ECHNOLOGY
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
approved Amendment #1 to Grant Agreement FWC-04027,
with funding from the Beach Preservation Fund
128-144-572, on a 100% cost reimbursement basis, as
recommended in the memorandum of January 3, 2006.
COPY OF PARTIALLY EXECUTED AMENDMENT #1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.J. RSSPP-R
OCKRIDGE UBDIVISION URGE ROTECTION ROJECT ANKING
ECA
OF NGINEERING ONSULTANTS AND UTHORIZATION TO
NEDCM
EGOTIATE AN NGINEERING ESIGN ONTRACT WITH ALCOLM
P,I.,#1(#2PB
IRNIE NC THE RANKED FIRM RANKED OST UCKLEY
S&J)
CHUH ERNIGAN
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Bowden, the Board unanimously
approved staff’s ranking and authorized staff to negotiate a
contract with the number one ranked firm, Malcolm Pirnie,
Inc., for professional engineering, permitting, and
January 10, 2006 9
construction administration services for the Rockridge
Subdivision Surge Protection Project, as recommended in
the memorandum of January 4, 2006.
9.A. PUBLIC HEARING – SHOWCASE DESIGNER HOMES, LC –
PLANNED DEVELOPMENT (PD) SPECIAL EXCEPTION USE
AND PRELIMINARY PD PLAN/PLAT APPROVAL FOR A
PROJECT TO BE KNOWN AS ORCHARD PARK
(PD-05-02-01/20041000070-44612)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed the memorandum using a zoning map, the
proposed layout, and an aerial view with a zoning overlay to explain the project’s proposed plat
plan, buffers, green spaces, stormwater management lakes, and zoning of adjacent properties. He
reviewed the requested waivers for single-family lots, landscaping and proposed buffers,
trade-offs for public benefit, relation to pending ordinance provisions, as well as concurrency and
surrounding land use and zoning. He specified that the developer planned to provide for future
roadway interconnection with the property to the north. He also explained the “bonus room”
model (The Cypress) with attic space over the garage would not count as a 2-story structure. He
reviewed staff’s recommendations (page 50 of the backup) and stated that the Planning and Zoning
Commission recommended approval 6-0 adding a condition limiting the 2-story homes in the
project (no 2-story homes would be adjacent).
Chairman Neuberger thought the “bonus room” model (The Cypress) appears to
have 2 stories; Director Boling responded that the height of the bonus room’s roof is the same as
the roof height of the 1-story models.
January 10, 2006 10
Commissioner Bowden thought the 4,100 square foot house would be too large for
the small lots (10,000 square foot).
Vice Chairman Wheeler’s biggest concern was interconnectivity; he also was
opposed to gated communities because he wanted through traffic between neighborhoods open to
the general public. That would have to change before he could give his support to this project.
Chairman Neuberger recalled that residents get annoyed when motorists use side
streets as shortcuts through their neighborhood. He thought it would help relieve traffic by having
to some extent interconnectivity with adjacent neighborhoods.
Commissioner Lowther agreed with Chairman Neuberger’s position and had no
problem with the bonus room model’s height.
P & Z Chairman Donna Keys
explained the P & Z’s position to regulate the height
and the mass of houses in this project. She explained the reasons behind the trade offs. She
explained the small lot sizes, large house sizes, and setback requests of the applicant. She saw the
mistake of limiting 2-story homes in developments; they should have been restricting the height of
homes as well because the developers are now designing taller homes and calling them 1-story.
She saw this proposal as getting around the P & Z’s objective in recommending restrictions on
2-story houses and predicted greater scrutiny of future projects.
Commissioner Lowther thought this could be an on-going battle with small lot
subdivisions but he had no problem with this “bonus room” model.
The Chairman opened the public hearing. No one from the public wished to speak
and the Chairman closed the public hearing.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Davis, to approve staff’s
recommendation including the “bonus room” model (The
Cypress) reference.
January 10, 2006 11
Under continued discussion, Vice Chairman Wheeler stated he could support the
motion if the height of the houses could be restricted and if the general public were allowed to use
the interior roads to access property to the north.
Ms. Keys
suggested the Board could restrict the adjacency of “bonus room” and
2-story models; however, the Board made no such restriction.
Bruce Barkett
, attorney for the applicant, stated height was not the issue at the P &
Z meeting. He explained that these were the same type of houses as those built in Ainsley Park
which the Commissioners have found attractive. He wanted to make sure that the “bonus room”
models were not counted as 2-story.
Commissioner Bowden reiterated her dislike for the proportions of a large house on
a small lot.
P & Z member George Christopher
stated they specifically talked about height
and they were led to believe there would be a 20% limitation on height.
Jim McNamara,
In response to Commissioners Davis and Wheeler, Showcase
Homes, explained the differences of wall heights and roof heights for the 2-story models and
“bonus room” models.
There were no additional speakers and the Chairman again closed the public
hearing.
The Chairman CALLED THE QUESTION and the motion
carried by a vote of 3-2 (Commissioner Bowden and Vice
Chairman Wheeler opposed). (The Board granted PD
special exception use approval for Orchard Park with the
numerous conditions listed on page 50 of the agenda
backup as listed in the memorandum of December 20,
2005, including the reference to the “bonus room” model”.)
January 10, 2006 12
9.C. PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC
HEARING ON JANUARY 17, 2006 – AMENDMENTS TO
ANIMAL CONTROL ORDINANCE AND ACCOMPANYING
RESOLUTION UPDATING FEES
The Chairman read the notice into the record.
11.C. GENERAL SERVICES – NEW COUNTY ADMINISTRATION
BUILDINGS – SECOND PROGRESS REPORT – COUNTY
ADMINISTRATOR AUTHORIZED TO SIGN CHANGE
ORDERS TO SAVE SALES TAX – COMMENTS
TH
CONCERNING MOVING FECRR CROSSING FROM 26
TH
STREET TO 27 STREET
Project Manager Steve Blum reviewed his memorandum of January 4, 2006,
advising that Building #2 is moving ahead of Building #1 as per schedule. The new parking
planned for the west end of the site is underway and the plan is to have it useable by the end of
January. An access from that parking lot will be cut to the Health Department lot and there will be
th
adjustments at the base of the bridge access and then 27 Street will be opened to that access. A lot
of the underground work is being done with the utilities including Vero Beach Power, BellSouth,
Comcast, as well as our fiber optics network. He asked the Board’s approval for the County
Administrator to sign change orders as per the recommendation in the memorandum of January 4,
2006.
th
Commissioner Lowther asked about the progress on moving the 26 Street crossing
th
from US#1 (over the FECRR tracks) to 27 Street. At the joint meeting with the City of Vero
Beach (11/13/05) he had advocated moving this crossing, and he believed the Council Members
January 10, 2006 13
were in agreement. Commissioner Lowther thought the City of Vero Beach wanted to see that
crossing to provide a direct route to the new County Administration Complex from US#1.
Public Works Director Jim Davis reported that many years ago trucks hauling citrus
th
experienced problems because of the grade change at the old 27 Street crossing. Thereafter,
th
elevation work was done to raise US#1 and the crossing was moved to 26 Street. It was his
th
opinion that it would be very difficult to move the crossing back to 27 Street for the same reason
it was moved initially. He also advised that the proper protocol would be for the City to initiate the
change; he could contact the City Engineer about it.
Vice Chairman Wheeler requested that staff bring back complete information to the
Commission on moving the crossing so the Board can see the whole picture to determine if the
Board wants the City to consider it.
th
Chairman Neuberger wanted to see “pictorially” how a crossing at 27 Street would
work.
th
Mr. Blum advised that the new bridge from 27 Street to Aviation Boulevard would
relieve traffic; the bridge is currently being used to aid in construction but would not be opened to
the public until the new Administration buildings are completed in early 2007. He confirmed that
th
27 Street would not be an east-west thoroughfare through McAnsh Park, but would connect with
the new bridge to Aviation Blvd.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously authorized
the County Administrator to sign the Change Orders
necessary to place the sales tax savings within the Owner’s
Contingency; approved the reduction of the GMP
(Guaranteed Maximum Price) to $31,672,308.36 based on
the Owner’s Direct Purchases of $1,414,133.64 and
authorized the County Administrator to sign the Change
Orders necessary to approve the reduction in the GMP as
January 10, 2006 14
approved by the Board, all as recommended in the
memorandum of January 4, 2006.
R.J. Martin, ,
859 Island Club Square, Wabasso BeachOrchid Island, reported that
according to Turner Construction’s schedule for the Administration Complex, Building 2 is
supposed to be having stairs and its roof installed at this time. This schedule was made available to
him in August and he has been keeping track of it. The bridge to Aviation Blvd. should have been
finished the first of June 2005.
11.I.1. PUBLIC WORKS – A.M. ENGINEERING AND TESTING, INC.
– WORK ORDER NO. 1 (ENGINEERING) - PROFESSIONAL
ST
GEOTECHNICAL SERVICES CONTRACT NO. 0534 FOR 41
STREET ROADWAY IMPROVEMENTS – PROJECT NOS.
0016 AND 0236
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Work Order No. 1 (Engineering) with A.M. Engineering
and Testing, Inc., for a not-to-exceed fee of $37,700.00
authorizing the above-mentioned project as outlined in the
proposed scope of services and authorized the Chairman to
execute same, as recommended in the memorandum of
December 21, 2005.
WORK ORDER #1 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
January 10, 2006 15
11.I.2. PUBLIC WORKS – AWARD OF BID NO. 2006041 TO LUCAS
MARINE CONSTRUCTION, INC. – OSLO ROAD (CR606) -
LATERAL “J” CANAL BRIDGE REPLACEMENT – PROJECT
NO. 9705B
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously awarded Bid
No. 2006041 to Lucas Marine Construction, Inc., in the
amount of $2,188,848.87, with funding from Bridge and
Roadway and Utility Relocation Funds, as recommended in
the memorandum of December 28, 2005.
13.A CHAIRMAN ARTHUR R. NEUBERGER – UPDATE ON
CITRUS CANKER MEETING
In his opening remarks, newly elected Chairman Neuberger encouraged his fellow
Commissioners to report on things the rest of the Commission might not be aware of such as what
is happening in their assigned committees.
Chairman Neuberger reported that he had contacted Agriculture Commissioner
Charles H. Bronson concerning the Citrus Canker meeting. Commissioner Bronson advised that
th
on January 9 he would be meeting with the USDA (United States Department of Agriculture)
after which he will be back to meet with Indian River and St. Lucie Counties. Chairman
Neuberger anticipated hearing from him soon.
He then polled the other Commissioners but none had a report except the one
already on the agenda by Commissioner Lowther below.
January 10, 2006 16
13.E. COMMISSIONER THOMAS S. LOWTHER – FLORIDA
RIDGE HOUSE - THREE BROTHERS AND A SISTER, LLC
Commissioner Lowther had been given some photos of the “historical house”
recently moved to Florida Ridge. (Photos placed on file with the backup in the Office of the Clerk
to the Board.) Neighbors were concerned the house could be a health hazard, believed it would
take several months before it could be brought to code, and wanted it to be fenced to keep children
away from it. Commissioner Lowther thought the Board might have made a mistake in this matter
by not requiring a performance bond.
Commissioner Davis agreed that the performance bond requirements should come
back for reconsideration. There is no longer a mechanism in place since the Board changed the
regulations. He hoped this situation would improve for the neighbors.
County Attorney Collins advised that the owners of the house have 12 months to
bring it to code.
Community Development Director Bob Keating suggested the owners address the
Commissioners’ concerns.
thth
Robert Hamner, , Scott Dillon,
915 58 Avenueand 16- 46 Avenue, appeared as
owners of the house that had been moved to Florida Ridge. They recounted that the house, built in
1917, was moved to the property for use as affordable housing. They showed a sketch of how they
believed the house would look after work is completed on it. (This sketch is on file in the Office of
the Clerk to the Board.) They described some of the difficulties they have encountered at the new
location since November 15, 2005. When issued, the permit allowed them 12 months to bring it to
code, but they expected to have this house completed within 2 months. Because the neighbors
objected, the house will not be elevated as originally planned. They advised of the work still
needed and said they are doing it on a “shoestring budget”. They do not want to disturb the
neighbors; they just want to get it completed so they can rent it. They offered to put up a fence if
the neighbors want one.
January 10, 2006 17
Chairman Lowther stressed that he wanted the code enforcement inspectors to stay
on top of this. He admitted the Board made a mistake in changing the bond requirements.
Chairman Neuberger felt the Board needed to give them a chance to finish the house
and ask the neighbors to be patient.
th
Ruth Stanbridge,
4835 66 Avenue, County Historian, advised that this house
could no longer be considered for possible listing in the National Register since it has been moved.
nd
It was listed on an early inventory when it was located at 1948 22 Avenue.
(Clerk’s Note: Commissioner Lowther left the meeting at 10:13 a.m.)
Merle Mallory
Next door resident had been told when he purchased his house that
the empty lot next to his was not buildable because it was too small. He claimed that this house is
devaluing his property.
nd
Kathy Thomas,
2109 SE 2 Avenue, asked the Board to help their nice
neighborhood by stopping the work on the house because it is not safe.
Building Official Buddy Akins stated that their engineer documented the house to be
structurally sound. The owners need to be given an opportunity to finish their plan because the
County has allowed them time to do so. He stated that County regulations do not require fences
around building sites. He also stated that all building sites are unsafe and people need to stay away
from them and keep their children away.
st
Elizabeth Rimes
2174 1 Avenue SE, raised the issue of asbestos shingles being
removed by an unlicensed person, and Mr. Akins responded that Federal and State laws exempt
single-family homes from those requirements. Ms. Rimes continued at length with questions and
accusations during which County Commissioners and staff responded concerning government
regulations and code enforcement efforts and inspections.
County Administrator Baird gave assurances that staff has been paying close
attention to this house and will continue to do so.
Commissioner Davis stated that this house definitely has the attention of the
Commission and the staff and they will see that completion to code is expedited.
(Clerk’s Note: County Attorney Collins left the meeting at 10:37 a.m.)
January 10, 2006 18
Vice Chairman Wheeler recommended that Messrs. Hamner and Dillon finish the
house as quickly as possible; they gave assurances that they will be working diligently to get the
house ready for occupancy as quickly as possible so they can begin to derive some income from it.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
None.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
DOCUMENTS MADE PART OF THE RECORD
CITYOFSEBASTIANANNEXATIONORDINANCENO.O-05-20S
&SENTERPRISES,INC./FLP#2,LLC–3.3ACRES
LOCATEDINCROSSROADSSHOPPINGPLAZA–N.OFCR
512&S.OFTRANS-FLORIDACENTRALRAILROAD-PART
OFSEC22,TWP31S,RGE38E
A COPY OF THE ORDINANCE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD.
ORIGINAL WILL BE RECORDED IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY BY CITY OF SEBASTIAN.
January 10, 2006 19
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 10:40 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/PR/2006 Minutes
January 10, 2006 20