HomeMy WebLinkAbout01/13/2004
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 13, 2004
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
A.PHRF.THR
ROCLAMATION ONORING EBECCA HORNE ON ER ETIREMENT
EJ15,2004 ...................................................................................2
FFECTIVE ANUARY
B.PDJ15-18,2004FFL
RESENTATION ESIGNATING ANUARY AS ELLSMERE ROG EG
D ............................................................................................................................2
AYS
C.PMZWCR
RESENTATION BY ARIA UCARO OF ORLD TRADE ENTER EGARDING THE
2004WHOCWPB
ESTERN EMISPHERE UTLOOK ONFERENCE IN EST ALM EACH
F4,2004 .................................................................................................3
ON EBRUARY
D.11:00..–PSCCD
AM RESENTATION BY ECRETARY OLLEEN ASTILLE EPARTMENT
CA,F
OF OMMUNITY FFAIRS OF A CEREMONIAL CHECK FROM THE LORIDA
CTLTI ........................................................3
OMMUNITIES RUST FOR OST REE SLANDS
January 13, 2004 1
6.A.APPROVAL OF MINUTES – NOVEMBER 4, 2003 ............................... 5
6.B.APPROVAL OF MINUTES – NOVEMBER 18, 2003 ............................. 5
6.C.APPROVAL OF MINUTES SPECIAL MEETING – NOVEMBER
18, 2003 ............................................................................................................ 5
6.D.APPROVAL OF MINUTES – DECEMBER 2, 2003 ................................ 6
7.CONSENT AGENDA.................................................................................... 6
7.A.AW .........................................................................................6
PPROVAL OF ARRANTS
7.BRAGFAD
ESIGNATION OF NNIE RACE OSTER AND PPOINTMENT OF EIRDRE
SC’SAC(D2)
AFIKHANI TO THE HILDRENS ERVICES DVISORY OMMITTEE ISTRICT
.....................................................................................................................................6
7.C.BBDC–RFP
LACK EAR EVELOPMENT ORPORATION EQUEST FOR INAL LAT
ASKBBR–
PPROVAL FOR A UBDIVISION TO BE NOWN AS LACK EAR ESERVE
CCRI ...............................7
ONTRACT FOR ONSTRUCTION OF EQUIRED MPROVEMENTS
7.DB#6033SA–WWRP
ID AND AMPLE GREEMENT ET ELL EHABILITATION ROJECT
(UD)–J&HW,I. ...............................................7
TILITIES EPARTMENT ATERSTOP NC
7.E.B#6039SA–KEW
ID AND AMPLE GREEMENT INGSLAKE STATES ATER
A–TCC,I.–U
SSESSMENT REASURE OAST ONTRACTING NC TILITIES
D ..............................................................................................................8
EPARTMENT
7.F.ALDCA
PPRECIATION UNCHEON FOR EPARTMENT OF OMMUNITY FFAIRS AND
CO ....................................................................................................9
OUNTY FFICIALS
9.A.1.PUBLIC HEARING - ORDINANCE NO. 2004-001 AMENDING
LAND DEVELOPMENT REGULATIONS (LDRS) SECTION
913.09 TO REQUIRE LANDSCAPE BUFFERING ALONG
COLLECTOR AND ARTERIAL ROADS FOR NEW
CONVENTIONAL SUBDIVISION PROJECTS (LEGISLATIVE) ....... 9
January 13, 2004 2
9.B.1.PUBLIC DISCUSSION ITEM - BRIAN T. HEADY – IMPACT
FEES AND CONSEQUENCES OF RECENT DECISIONS ON
GROWTH OF RESIDENTIAL NEIGHBORHOODS ........................... 13
11.E.CHILDREN’S SERVICES ADVISORY COMMITTEE’S
REQUEST CONCERNING A COMMUNITY-WIDE NEEDS
ASSESSMENT ............................................................................................. 14
11.I.1.NORTH COUNTY REGIONAL PARK, PHASE II,
PROFESSIONAL SERVICES AGREEMENT – EDLUND,
DRITENBAS AND BINKLEY ARCHITECTS, P.A. AND
ENVIRONMENTAL CONSULTING GROUP, INC.
(MULTI-PURPOSE BALL FIELDS, PLAYGROUND,
COMPLETE STORMWATER MANAGEMENT SYSTEM,
COMPLETE MITIGATIONS, MAINTENANCE BUILDING,
CONCESSION STAND/PRESS BOX WITH RESTROOMS, AND
SUPPORTING FACILITIES) ................................................................... 18
11.I.2.FAIRGROUNDS – ROAD PAVING TO SOCCER COMPLEX
AND AGRICULTURAL EXHIBIT BUILDING – FUNDING
ALLOCATION ............................................................................................ 19
11.J.THE INLET AT SEBASTIAN – OFF-SITE UTILITIES
CONSTRUCTION AGREEMENT – CHANGE ORDER NO. 1
AND REQUEST FOR FINAL PAYMENT .............................................. 19
12.COUNTY ATTORNEY – WELLER POOL CONSTRUCTORS V.
INDIAN RIVER COUNTY (NORTH COUNTY POOL) ....................... 20
January 13, 2004 3
13.E.COMMISSIONER KENNETH R. MACHT – COMMENT ON
TREES .......................................................................................................... 20
14.A.EMERGENCY SERVICES DISTRICT ................................................... 21
14.B.SOLID WASTE DISPOSAL DISTRICT .................................................. 22
14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 22
January 13, 2004 4
January 13, 2004
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
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 13, 2004, at 9:00 a.m. Present were Caroline D. Ginn, Chairman; Arthur R.
Neuberger, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Kenneth
R. Macht. Also present were Joseph Baird, Acting County Administrator; William G. Collins II,
County Attorney; Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy
Clerk.
1. CALL TO ORDER
Chairman Ginn called the meeting to order.
2. INVOCATION
Rev. Richard Clark, Our Savior Lutheran Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Neuberger led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
January 13, 2004 1
Chairman Ginn advised she had no additions to today’s Agenda. Commissioner
Macht asked for the addition of 13.E., A Comment on Trees.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously made the
above addition to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
A.PHRF.TH
ROCLAMATION ONORING EBECCA HORNE ON ER
REJ15,2004
ETIREMENT FFECTIVE ANUARY
Chairman Ginn read the proclamation and retirement award.
Rebecca Thorne
, Administrative Assistant to the Public Works Director, recalled
the first Commission meeting (a budget session) she ever attended and how she had been told, “Now
if there’s anything you want, now is the time to tell them, and they’ll give it to you.” She was scared
to death because of her respect for the Commission. She stated she has enjoyed working for the
County, but it was now time to retire. She accepted both awards to a standing ovation.
Public Works Director James Davis recounted the years they had worked together
and commented that he would certainly miss her work, talents, and sense of humor.
B.PDJ15-18,2004F
RESENTATION ESIGNATING ANUARY AS ELLSMERE
FLD
ROG EG AYS
Commissioner Adams read the proclamation and presented the proclamation to
Festus the Frog.
January 13, 2004 2
C.PMZWC
RESENTATION BY ARIA UCARO OF ORLD TRADE ENTER
R2004WHO
EGARDING THE ESTERN EMISPHERE UTLOOK
CWPBF4,2004
ONFERENCE IN EST ALM EACH ON EBRUARY
Ms. Zucaro was not present when this item was called.
D.11:00..–PSCC
AM RESENTATION BY ECRETARY OLLEEN ASTILLE
DCA,
EPARTMENT OF OMMUNITY FFAIRS OF A CEREMONIAL CHECK
FCTLTI
FROM THE LORIDA OMMUNITIES RUST FOR OST REE SLANDS
Chairman Ginn announced that this item would be heard at 11:00 a.m.
(CLERK’S NOTE: THIS MATTER WAS HEARD WHEN THE COMMISSION
WAS RECONVENED AT 11 A.M. SEE ADDITIONAL NOTES NEAR THE END OF THESE
MINUTES.)
Chairman Ginn reconvened the meeting and welcomed the many elected officials
who came together for this momentous occasion. Present were State Senator Ken Pruitt,
Department of Community Affairs Secretary Colleen Castille, Division Director of DCA’s Housing
and Community Development Janice Browning, Tax Collector Charles W. Sembler, Town of Indian
River Shores Mayor Tom Cadden and Town Manager Robert Bradshaw, City of Vero Beach
Mayor Sandra Bowden, and Councilmen Craig Fletcher and Tom White, Environmental & Code
Enforcement Chief Roland DeBlois, and Public Works Director James Davis. Chairman Ginn
advised that our out-of-town visitors had toured the islands this morning with staff and it was time
now for the ceremonial part concerning these islands, which are now and forever in conservation.
The preservation of the Lost Tree Islands is a gift to the people of Indian River County for all time.
January 13, 2004 3
Colleen Castille
was pleased to be a small part of this event. She commented on the
passion of this community and its elected officials who cared about the conservation of these islands.
She presented the large DCA ceremonial check for $5.3 million for the acquisition of the islands
and the settlement of a 10 year lawsuit.
Senator Ken Pruitt
credited Ms. Castille with navigating through the details in this
initiative to bring the islands to preservation. He lauded the efforts of all those involved at the state
and local level for their dedication to this grass roots effort.
Janice Browning
applauded the citizens, the municipalities, and county officials
involved. She found it truly remarkable that three local governments and the state had been able to
come together to bring about this land acquisition.
Mayor Sandra Bowden
recalled the many trips she and Chairman Ginn had made
and was delighted for all the local citizens.
Mayor Tom Cadden
commented it had been a long and interesting road. He
thanked Senator Pruitt and Tax Collector Sembler and the others for their efforts.
Tax Collector Charles W. Sembler
thanked everyone who was involved as well as
the taxpayers.
Vice Chairman Neuberger was pleased that he had the opportunity to vote on this as
a member of the Land Acquisition Advisory Committee, as a City Councilman, and a County
Commissioner.
Commissioner Macht recalled when he was Mayor of Vero Beach and was brought
the blueprints for the development of the Lost Tree Islands at 3 units per acre. He thought of it as
a long and personal struggle.
Commissioner Adams credited the tremendous support from Tax Collector Sembler.
She declared that amazing things happen because people care.
Commissioner Lowther was pleased to be part of the final vote.
The ceremonial check was presented. The meeting was adjourned at 11:21 a.m. and
everyone got together for photographs.
January 13, 2004 4
6.A. APPROVAL OF MINUTES – NOVEMBER 4, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of November 4, 2003. There were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the Minutes of the Regular Meeting of November 4, 2003,
as written and distributed.
6.B. APPROVAL OF MINUTES – NOVEMBER 18, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of November 18, 2003. There were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the Minutes of the Regular Meeting of November 18, 2003,
as written and distributed.
6.C. APPROVAL OF MINUTES SPECIAL MEETING – NOVEMBER
18, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the
Special Meeting of November 18, 2003. There were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
January 13, 2004 5
the Minutes of the Special Meeting of November 18, 2003,
as written and distributed.
6.D. APPROVAL OF MINUTES – DECEMBER 2, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of December 2, 2003. There were none.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the Minutes of the Regular Meeting of December 2, 2003,
as written and distributed.
7. CONSENT AGENDA
7.A. AW
PPROVAL OF ARRANTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously approved
the list of warrants issued by the Clerk to the Board for the
period December 19-30, 2003, as requested.
7.B RAGFA
ESIGNATION OF NNIE RACE OSTER AND PPOINTMENT OF
DSC’SA
EIRDRE AFIKHANI TO THE HILDRENS ERVICES DVISORY
C(D2)
OMMITTEE ISTRICT
January 13, 2004 6
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board noted the resignation of
Annie Grace Foster, District 2 appointee, and unanimously
accepted the appointment of Deirdre Safikhani, by Vice
Chairman Neuberger to the Children’s Services Advisory
Committee, as per his memorandum of January 5, 2004.
7.C. BBDC–RF
LACK EAR EVELOPMENT ORPORATION EQUEST FOR INAL
PASKBB
LAT PPROVAL FOR A UBDIVISION TO BE NOWN AS LACK EAR
R–CCR
ESERVE ONTRACT FOR ONSTRUCTION OF EQUIRED
I
MPROVEMENTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously granted
final plat approval for Black Bear Reserve and authorized
the Chairman to sign the Contract for Construction of
Required Improvements, as recommended in the
memorandum dated January 6, 2004.
COPY OF CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.D B#6033SA–WW
ID AND AMPLE GREEMENT ET ELL
RP(UD)–J&H
EHABILITATION ROJECT TILITIES EPARTMENT
W,I.
ATERSTOP NC
January 13, 2004 7
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously awarded
Bid #6033 to J & H Waterstop, Inc., in the amount of
$126,200.00, as the lowest most responsive and responsible
bidder meeting the specification as set forth in the Invitation
to Bid; approved the proposed sample agreement; and
authorized the Chairman to execute said agreement when
required performance and payment bonds have been
submitted along with appropriate certification of insurance
and the County Attorney has approved the agreement as to
form and legal sufficiency, as recommended in the
memorandum dated January 2, 2004.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.E. B#6039SA–KE
ID AND AMPLE GREEMENT INGSLAKE STATES
WA–TCC,I.–
ATER SSESSMENT REASURE OAST ONTRACTING NC
UD
TILITIES EPARTMENT
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously awarded
Bid #6039 to Treasure Coast Contracting, Inc., in the
amount of $129,048.26, as the lowest most responsive and
responsible bidder meeting the specification as set forth in
the Invitation to Bid; approved the proposed sample
agreement and authorized the Chairman to execute said
agreement when required performance and payment bonds
January 13, 2004 8
have been submitted along with appropriate certification of
insurance and the County Attorney has approved the
agreement as to form and legal sufficiency, as recommended
in the memorandum dated January 2, 2004.
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.F. ALDC
PPRECIATION UNCHEON FOR EPARTMENT OF OMMUNITY
ACO
FFAIRS AND OUNTY FFICIALS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously authorized
up to $150.00 to provide an appreciation luncheon for the
Department of Community Affairs and County Officials on
January 13, 2004, as requested in the memorandum dated
January 7, 2004.
9.A.1. PUBLIC HEARING - ORDINANCE NO. 2004-001 AMENDING
LAND DEVELOPMENT REGULATIONS (LDRS) SECTION
913.09 TO REQUIRE LANDSCAPE BUFFERING ALONG
COLLECTOR AND ARTERIAL ROADS FOR NEW
CONVENTIONAL SUBDIVISION PROJECTS (Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 13, 2004 9
Planning Division Director Stan Boling reviewed his memorandum of January 5,
2004, using the overhead to display and explain the Type “C” buffer which staff and the Planning
& Zoning Commission recommended as a requirement for new subdivisions. Blank walls will be
required to have shrubs and understory trees on the outside of the wall. The Professional Services
Advisory Committee reviewed this, but recommended a type of buffer with fewer plantings than a
standard Type “C” or Type “D” buffer. The estimated cost for a Type “C” buffer in a new
subdivision could add $300 per lot if it is not installed initially.
Commissioner Macht related that he was trying to solve a situation in regard to
Citrus Springs and buffering. Then in response to Commissioner Macht’s question on sound
deadening on arterial roads, Director Boling advised that sound is one of the reasons for the
recommendation of the buffer. A solid wall or earthen berm would have more effect that just
landscaping. Often, however, sound deadening depends on the source of noise and the wind
direction.
In response to Chairman Ginn’s concern about buffering in multi-family zoning,
Director Boling stated that subject came up at P & Z last week and he believed that an initiative
would be forthcoming for the P & Z’s consideration.
Chairman Ginn was pleased to learn it was coming forward at that level.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Bob Johnson
, Coral Wind Subdivision, suggested that the County be required to
provide the same level of buffering when the County modifies roads to allow increased traffic
through or past existing residential communities. He believed the cost would be minimal. (Mr.
Johnson’s written notes are on file with the backup in the office of the Clerk to the Board.)
January 13, 2004 10
Brian Heady
agreed with Mr. Johnson’s suggestion. He remembered when Jungle
Trail looked like a jungle trail. It no longer looks that way because there is no buffering. He noted
th
another example, The Palms on 12 Street, which is also without buffering.
John Williams
, Smugglers Cove, supported Mr. Johnson’s suggestion and
definitely would like similar requirements on multi-family projects. He urged the Commissioners to
support multi-family buffering requirements.
Public Works Director James Davis commented on the suggestion to require
buffering on county road expansion projects. He cautioned the Commissioners that buffering,
which is land-intensive, would require additional rights-of-way acquisition. He inquired as to the
revenue source that would be used. He advised that presently, when his staff meets with each
property owner for acquisition of right-of-way, the property owner is given options on landscaping
or another treatment, and staff tries to comply with their desires. They do not do a broad brush on
an entire corridor. Also, a masonry wall is expensive and would add several hundred thousand
dollars to a project. Generally landscaping is not done in rural areas. He pointed out that impact fees
are to be used for capacity improvement of the roadway and not for aesthetic enhancements.
Commissioner Adams recalled a policy of putting oaks along 4-laning, and Director
Davis stated that has been done in different projects.
Commissioner Lowther asked if it was realized that Citrus Springs would be a large
th
project close to 58Avenue, and Director Davis responded that there was a large canal between the
road and the development. Director Davis continued that it is appropriate to require buffers on new
subdivision development but when you try to translate that into existing developed areas, such as the
rd
43 Avenue project, the funding burden becomes the County’s. There is more flexibility on a new
site than older subdivisions platted 50 or more years ago.
Mr. Johnson
distributed handouts (a copy is in the backup in the Office of the Clerk
to the Board). He specified there has been no public input on the paving of 43rd Avenue, which is
slated to have 5 lanes. Homeowners of existing subdivisions need some buffering protection. He
January 13, 2004 11
rd
recommended a workshop be held to discuss the 43 Avenue corridor. If special consideration is
not given to it, it will look like US#1.
rd
In response to Chairman Ginn’s inquiry, Director Davis gave an update on 43
Avenue. He recounted that the design began 3-4 years ago and is now completed. Eighty percent
of the right-of-way has been acquired. Staff met with all the residential property owners along the
corridor. During the negotiations for temporary construction easements or rights-of-way purchase,
the property owner was presented a uniform landscaping plan which has been incorporated into the
project. Although the entire community had no workshop, staff has done micromanaging on each
th
property in the project corridor for the first phase between 8 Street and SR 60. They have worked
with churches and have already built stormwater ponds to provide stormwater retention. He hoped
to finish right-of-way acquisitions in 6-8 months and go to bid the end of this year or early 2005.
If we do not do this project, we will be out of compliance with our LOS in the Comp Plan. Some
visuals have been done which are on the wall in the Planning Department’s corridor. This project
was covered at the MPO level as well.
rd
Commissioner Lowther wondered if Director Davis was looking to widening 43
thrd
Avenue to the south of 8 Street because of the large subdivisions coming in west of 43 Avenue
on Indrio Road in St. Lucie County which are likely to impact us.
rd
Director Davis advised there are no plans at present to widen 43 Avenue south of
Oslo Road. There are some large developments coming in which will require turn lanes. Widening
rdth
43 Avenue north of 26 Street is in design status now. Negotiations have been underway with the
rdth
Dodgers in order to 4-lane 43 Avenue up to 26 Street.
th
Commissioner Lowther was concerned the drop down to 2 lanes south of 8 Street
SW will create a bottleneck, and Director Davis explained that a bottleneck will not be created
because the attractions, employment, and commercial traffic are heaviest near the SR 60 corridor
and traffic trips start to drop off as you move away from the SR 60 corridor where there are very
rd
few other commercial attractions and employment. The new Publix will help take extra trips off 43
January 13, 2004 12
rd
Avenue. Commissioner Lowther requested Director Davis do a traffic count on 43 Avenue now
th
that 58 Avenue construction is complete.
rd
Vice Chairman Neuberger asked if the 5-laning on 43 Avenue would be open like
US 1, and Director Davis specified it will be a confined 100-foot wide right-of-way. There will be
no room for medians after allowing for 5 lanes, curb and gutter, and sidewalks and landscaping.
The Chairman asked if anyone else wished to be heard with regard to this matter.
There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously adopted
Ordinance No. 2004-001 amending Specific Land Use
Criteria, Section 913.09(3)(c)(5) regarding buffering and
landscaping for subdivisions abutting collector and arterial
roadways and providing for repeal of conflicting provisions,
codification, severability and effective date.
There was CONSENSUS to wait for P & Z’s recommendation concerning
landscaping for multi-family developments.
9.B.1. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY – IMPACT
FEES AND CONSEQUENCES OF RECENT DECISIONS ON
GROWTH OF RESIDENTIAL NEIGHBORHOODS
Brian Heady
referred to rights under the State Constitution. He criticized the lack
of backup information prior to the meeting regarding impact fees (December 23, 2003). He was
unhappy that he had not been scheduled to speak on the last meeting’s agenda.
January 13, 2004 13
Chairman Ginn apologized that he had not been on the agenda; she assured him it
was not deliberate, but just fell thru the cracks.
Mr. Heady had previously recommended that the County should impose the highest
impact fees possible based on information he had presented. Staff had said it would be arbitrary and
not legally defensible. He claimed it was not arbitrary since the highest fees would cover the cost
we now have to pay.
Chairman Ginn recounted Community Development Director Bob Keating’s
remarks concerning the need to have a study done by a consultant; the Board cannot just set a price.
Mr. Heady claimed the impact figures he had mentioned are correct and are legally
defensible; the impact on our community continues and taxpayers end up paying for current growth.
He strongly disagreed that a consultant needed to be hired.
Chairman Ginn pointed out that Mr. Heady is not a professional planner and does
not know all the details. When Mr. Heady continued to argue his point, she asked that he relinquish
the podium because he was repeating himself. The deputy assisted Mr. Heady from the microphone.
11.E. CHILDREN’S SERVICES ADVISORY COMMITTEE’S
REQUEST CONCERNING A COMMUNITY-WIDE NEEDS
ASSESSMENT
Human Services Director Joyce Johnston-Carlson advised that this request came
from the Children’s Services Needs Assessment Subcommittee. She advised that Donna Maurer
and Tom Brown wanted to address the Board.
Donna Maurer
, Sebastian, Chairman of the Children’s Services Needs Assessment
Subcommittee, advised this recommendation came from a meeting of her committee that perhaps it
is now time to do a countywide needs assessment for Human Services, rather than just Children’s
Services. It is felt it might be wise to do this now before it becomes urgent. She was proposing only
the feasibility of this idea. There are agencies needing the same demographic information we need.
It is thought that bringing in other agencies as a steering committee, those other agencies could help
January 13, 2004 14
with funding (to find statistics and demographics) and could pool the information and save money.
A comprehensive plan would provide a clearer assessment of needs and overlapping services in the
community. Such a plan could be made available to a lot of organizations to provide information,
enable them to apply for grants, and take some of the tax burden off the County. They would like
to explore this idea to see if it will be acceptable.
Tom Brown
, CEO of Indian River County United Way, advised that the United
Way definitely supports the concept. It would be helpful to UW and the entire community by
pinpointing unmet needs so UW can channel its funds to provide more of an impact on the needs of
the citizens. UW is willing to financially support the study in an appropriate amount in proportion
to the other agencies involved.
Chairman Ginn asked if there was anyone else wishing to speak, there were none.
She then stated that it would be impossible for us to act under our ordinance and guidelines which
is defined to be services for children up to 18 years of age.
Ms. Maurer
explained this would be a steering committee and would not take
anything away from the needs assessment committee.
Commissioner Macht suggested that our contribution could be specific to whatever
tenets we choose to put on it. This idea was discussed several years ago with the former director
of United Way and others in the community and they generally agreed it would be a more economic
and comprehensive way to do it. He believed we could structure the County’s participation in
whatever way our ordinance requires.
Commissioner Adams thought this would be beneficial.
Chairman Ginn disagreed because she viewed it as expanding the scope and we
already have an up-to-date needs assessment and we have not even begun to fulfill all the unmet
needs. She continued to cite additional reasons for her opposition.
Commissioner Macht understood Chairman Ginn’s objections but felt that an overall
study would be beneficial to the children and the community and this request is just to explore
January 13, 2004 15
whether other agencies want to join in. He thought this could end up being a cost savings for the
County by increasing the efficiency of determining what services are available.
Chairman Ginn reiterated that the current ordinance and guidelines specify the
children in our community, but this requests an assessment of “social services”.
Ms. Maurer
stated that should be changed to “human services”. She also pointed
out that the current plan is up in 2005. We need to start working almost immediately on assessments
for a new plan.
Vice Chairman Neuberger saw no reason to object if the UW is interested in partially
funding this study; he thought we should do our part and help them with it. He suggested
considering tweaking the ordinance.
Commissioner Adams recalled that in 1994, when the whole children’s services issue
was being discussed, one of the main issues was that sometimes a child cannot be helped until we
take care of the parents. At that point, we decided to get the children’s part taken care of and then
move on to the parental or adult things that affect the children. The whole idea is to make the next
generation of kids better off than they would have been. If a child’s life could be bettered by helping
adults, we need to know what help they need. The whole emphasis is to make it better for the kids.
Ms. Maurer
pointed out that other agencies are paying their dollars to obtain the
same information that cost the County $27,000. It made sense to her to have one set of statistics
and demographics so there is only one payment going out.
Chairman Ginn interjected that this sounds good but it is nevertheless an expansion
and there is no reason why people cannot get together and share the information. Unless we change
the focus in the ordinance, she would not vote for it.
Beverly O’Neill
, Sebastian, supported this request because resources are slim these
days. She predicted we have real trouble if we do not collaborate and take a broad look at the needs
in the community in order to focus on the greatest needs. She has promoted collaboration for many
years and it is time to get on with it. She thinks the agencies are ready to begin to work together to
gather the information and put together a plan with common goals.
January 13, 2004 16
Commissioner Lowther liked the idea of collaboration and looked to the County
Attorney for answers.
In response to Commissioner Lowther, County Attorney Collins advised that the
current ordinance does speak to providing aid to those under 18. He thought the Board has the
power to do whatever they think is in the best interest of the people; it may not be under the
framework of Children’s Services, but they could go in a new direction if they chose to do so.
Commissioner Macht wanted to keep Children’s Services intact; he just wanted to
join in this information developing, gathering and assessing. Also, we finally have the HMIS
(Human Service Information System) a new tool (data base) purchased by the Homeless Assistance
Center. Since 1986 we have been trying to get a comprehensive data system that all interested
charitable organizations could use to increase efficiency. There would be no cost to launch this
study, all it takes is the Board’s willingness to participate. The information would come back to the
Board.
Chairman Ginn thought this should have been brought before the whole Children’s
Services Advisory Counsel.
Ms. Maurer
advised that it was, with one dissenting vote.
Bob Johnson
thought the United Way has a lot more leeway on what they can do;
but the Board has a responsibility to the taxpayers. He is a member of the CSAC and asserted that
the CSAC does give adults and organizations assistance to help their children. This CSAC has a
brand new study. He cautioned that the Board should be careful in expanding the scope.
MOTION WAS MADE by Vice Chairman Neuberger,
SECONDED by Commissioner Lowther, to approve the
Children’s Services Advisory Committee’s Needs
Assessments Sub-Committee’s proposal that they explore
the willingness of other community entities to participate in
January 13, 2004 17
the Comprehensive Needs Assessment of human services
and let Commissioner Macht spearhead the effort.
Under discussion, Commissioner Macht advised from experience that many
children’s home life situations are heartbreaking.
Chairman Ginn commented this was still “expansive”
The Chairman CALLED THE QUESTION and the motion
carried by a vote of 4-1 (Chairman Ginn opposed). (It was
understood that expending any funds would have to come
back to the Board for approval.)
11.I.1. NORTH COUNTY REGIONAL PARK, PHASE II,
PROFESSIONAL SERVICES AGREEMENT – EDLUND,
DRITENBAS AND BINKLEY ARCHITECTS, P.A. AND
ENVIRONMENTAL CONSULTING GROUP, INC.
(MULTI-PURPOSE BALL FIELDS, PLAYGROUND,
COMPLETE STORMWATER MANAGEMENT SYSTEM,
COMPLETE MITIGATIONS, MAINTENANCE BUILDING,
CONCESSION STAND/PRESS BOX WITH RESTROOMS, AND
SUPPORTING FACILITIES)
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the construction of four (4) multi-purpose ball
fields, playground, complete stormwater management
January 13, 2004 18
system, complete mitigations, maintenance building,
concession stand/press box with restrooms, and other
supporting facilities, as recommended by staff in the
memorandum dated January 6, 2004. (Alternative No. 1)
AGREEMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.2. FAIRGROUNDS – ROAD PAVING TO SOCCER COMPLEX
AND AGRICULTURAL EXHIBIT BUILDING – FUNDING
ALLOCATION
ON MOTION by Commissioner Lowther, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved Option #1, that is, to pave both the soccer
complex road (2,250 l. f.) at an estimated cost of $127,625
and to pave the agricultural exhibit building east road to join
with the soccer complex road (1,600 l. f.) at an estimated
cost of $90,500, for a total cost for the two roads of
approximately $218,125, as recommended by staff in the
memorandum of January 7, 2004.
11.J. THE INLET AT SEBASTIAN – OFF-SITE UTILITIES
CONSTRUCTION AGREEMENT – CHANGE ORDER NO. 1
AND REQUEST FOR FINAL PAYMENT
ON MOTION by Commissioner Adams, SECONDED by
Vice Chairman Neuberger, the Board unanimously
January 13, 2004 19
approved final payment including all retainage held in the
total amount of $36,232.74 to The Inlet at Sebastian LLC,
as presented in Attachment A, and as recommended in the
memorandum dated December 23, 2003.
CHANGE ORDER IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY – WELLER POOL CONSTRUCTORS V.
INDIAN RIVER COUNTY (NORTH COUNTY POOL)
Deputy County Attorney Will Collins reviewed the memorandum. Both he and our
special counsel believe the County has good defenses in this lawsuit and both recommend against
accepting the settlement offer of $200,000 from Weller Pool Constructors.
There was a brief discussion.
ON MOTION by Commissioner Macht, SECONDED by
Vice Chairman Neuberger, the Board unanimously declined
Weller’s settlement offer in the amount of $200,000 and
approved proceeding to trial, as recommended in the
memorandum dated January 7, 2004.
13.E. COMMISSIONER KENNETH R. MACHT – COMMENT ON
TREES
Commissioner Macht announced that in the interest of political correctness he loves
trees. He learned that the 48” diameter tree referred to under Item 9.A.4. at last week’s meeting is
January 13, 2004 20
a laurel oak and is near the end of its life. The Board had given direction to staff to save that oak tree
st
on 41 Avenue.
Vice Chairman Neuberger reported that he had looked at it and described the tree as
decrepit and not worth saving.
Public Works Director James Davis advised that an expert had submitted a report
that the tree is diseased and probably needs to come down anyway as a safety issue because the
branches are brittle and could fall.
Commissioner Lowther suggested that next time something like this comes up, it
would be good to have a photograph and Director Davis advised that staff would be glad to do that.
Chairman Ginn understood the tree was distressed and in decline.
ON MOTION BY Commissioner Macht, who reiterated his
love for trees, SECONDED BY Chairman Ginn, the Board
unanimously approved allowing Public Works to do
whatever they think is appropriate with regard to the tree in
question.
14.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are
being prepared separately.
January 13, 2004 21
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
At 10:21 a.m., Chairman Ginn called a recess until 11:00 for Item 5.D. which had
been scheduled for that time. The meeting was reconvened at 11:00 a.m. with all members present.
The minutes for Item 5.D. are written in their normal agenda sequence above for continuity. At its
conclusion and there being no further business, on motion duly made, seconded and carried, the
Board adjourned at 11:21 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: _________________
BCC/PMR/MINUTES
January 13, 2004 22