HomeMy WebLinkAbout1/14/2003INDEX TO MINUTES OF REGULAR MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
OF JANUARY 14, 2003
1. CALL TO ORDER................................................................................. 1
2. INVOCATION........................................................................................ 1
3. PLEDGE OF ALLEGIANCE................................................................ 1
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS ................. 1
5. PROCLAMATIONS AND PRESENTATIONS ................................... 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING JANUARY 16 - 19, 2003 AS
FELLSMERE FROG LEG FESTIVAL DAYS ..................................................... 2
5.8. AWARD FOR EXCELLENCE IN SOLID WASTE MANAGEMENT FROM SOLID
WASTE ASSOCIATION OF NORTH AMERICA (SWANA) .............................. 2
6. APPROVAL OF MINUTES - DECEMBER 17, 2002 ......................... 2
7. CONSENT AGENDA............................................................................. 2
7.A. REPORTS................................................................................................... 3
7.8. APPROVAL OF WARRANTS......................................................................... 3
7.C. APPOINTMENT TO THE LAND ACQUISITION ADVISORY
COMMITTEE(LAAQ-CITY OF SEBASTIAN MAYOR WALTER BARNES
REPLACING COUNCILMAN ED MAJCHER..................................................... 3
7D. RESOLUTION 2003-003 ADOPTING MISCELLANEOUS BUDGET AMENDMENT
No. 004 TO THE FY 2002/03BUDGET........................................................ 3
7.E. RELEASE OF RETAINAGE FOR PRELIMINARY SITE PLAN DEVELOPMENT AT
COUNTY FAIRGROUNDS (PCL CONSTRUCTION DEVELOPMENT, INC.) ......... 4
7.17. EXTENSION OF SITE PLAN TO OCTOBER 18, 2003 FOR PACKING HOUSE
ADDITION AT HARBOR ISLAND CITRUS ...................................................... 4
JANUARY 14, 2003 1
7.G. FINAL PAY AND RELEASE OF RETAINAGE FOR CITYSCAPE CONSULTANTS,
INC. (WIRELESS MASTER PLAN AND FACILITIES ORDINANCE) .................... 4
TH. FINAL PLAT REQUEST BY PAMELA CANADY FOR A PRIVATE ROAD
RIGHT-OF-WAY TO BE KNOWN AS OLD GROVE ROAD (CARTER ASSOCIATES,
INC.) (WOODY BIG TREE SUBDIVISION)..................................................... 4
7.I. AUTHORIZATION FOR CLERK TO ENDORSE AND RELEASE INSURANCE CLAIM
CHECK FROM SOUTHERN FAMILY INSURANCE COMPANY (ALLAN AND
VALSETTLATTY)...................................................................................... 5
7.J. AUTHORIZATION FOR OUTSIDE COUNSEL IN SETTLEMENT DISCUSSION WITH
COUNSEL FOR WELLER POOL CONSTRUCTORS, INC ON NORTH COUNTY
REGIONAL PARK COMPETITION POOL; CAO FILE No. 2001-5 .................... 5
9. PUBLIC ITEMS..................................................................................... 5
9.A.1. PUBLIC HEARING - JAMES AND PATRICIA PUCHTER REQUEST TO MODIFY
CERTAIN APPROVED CONCEPTUAL PLANNED DEVELOPMENT (P.D.) PLAN
SETBACKS FOR LOT 3, ISLAND CLUB P.D. SUBDIVISION (LEGISLATIVE)...... 5
9.A.2. PUBLIC HEARING A PROPOSED ORDINANCE; AMENDING LAND
DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901.03; DEFINITIONS OF
RETREATS AND CAMPS; SPECIFIC LAND USE CRITERIA FOR RETREATS AND
CAMPS, CHAPTER 971.40(l 1), AND PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE .............. 7
JANUARY 14, 2003 2
9.A.3. PUBLIC HEARING - A PROPOSED ORDINANCE (NOT ADOPTED - PUBLIC
HEARING CONTINUED TO MARCH IITH) AMENDING THE CODE OF INDIAN
RIVER COUNTY; DELETING A PROVISION THAT A COUNTY COMMISSIONER
WHO SERVES AS A MEMBER OF A COMMISSION OR BOARD CHAIRS SUCH
COMMISSION OR BOARD; PROVIDING THAT EACH COMMISSION AND BOARD
SHALL ELECT FROM AMONG ITS VOTING MEMBERS A CHAIRMAN AND A VICE
CHAIRMAN; PROVIDING THAT, EXCEPT AS OTHERWISE PROVIDED BY STATE OR
FEDERAL LAW, A COUNTY COMMISSIONER APPOINTED AS A
REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS TO A
COMMISSION OR BOARD SHALL BE THE BOARD'S NON-VOTING LIAISON TO
SUCH COMMISSION OR BOARD; AND PROVIDING FOR TREATMENT OF
CONFLICTING PROVISIONS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE......................................................................................................... 9
9.8.1. PUBLIC DISCUSSION ITEM - HENRY FISCHER TO SPEAK ON THE SUBJECT
OF BIDDING BEACH SAND.........................................................................14
9.13.2. PUBLIC DISCUSSION ITEM - MICHAEL MCCABE OF PROCTOR
CONSTRUCTION TO DISCUSS CONSTRUCTION MANAGEMENT AT RISK AND
BIDDING PROCESSES.................................................................................14
9.8.3. PUBLIC DISCUSSION ITEM - BRIAN HEADY TO DISCUSS THE
EXPENDITURE OF TAX DOLLARS................................................................14
9.13.4. PUBLIC DISCUSSION ITEM - TOMMY MCDOUGALD TO DISCUSS
ALCOHOL AND DRUG PROGRAMS...............................................................15
10. PUBLIC HEARING SCHEDULED MARCH 18, 2003 - PROPOSED
PROJECTS FOR THE OPTIONAL 1¢ SALES TAX........................15
11.C. GENERAL SERVICES -NEEDS ASSESSMENT CONSULTANT
FOR JAIL EXPANSION - CARTER GOBLE ASSOCIATES, INC.
.............................................................................................................15
11.G.1. DEVELOPER'S AGREEMENT - THE MEDICAL ARTS
BUILDING OF VERO BEACH, LLC - CONSTRUCTION OF
IMPROVEMENTS FOR 10TH COURT...............................................16
JANUARY 14, 2003 3
11.H.1. 63RD AVENUE, BETWEEN 4TH STREET AND 8TH STREET
WATER SYSTEM CONFLICT ADJUSTMENTS - WORK
AUTHORIZATION DIRECTIVE NO. 2001-036 - GEORGE E.
FRENCH...............................................................................................16
13.D. COMMISSIONER THOMAS S. LOWTHER - DUAL -CERTIFIED
EMPLOYEES IN THE EMERGENCY SERVICES DISTRICT...... 17
14.B. SOLID WASTE DISPOSAL DISTRICT.............................................18
JANUARY 14, 2003 4
January 14, 2003
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 251'' Street, Vero Beach, Florida, on Tuesday,
January 14, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice
Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R. Neuberger.
Also present were James E. Chandler, County Administrator; Paul G. Bangel, County Attorney; and
Maria L Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order at 9:00 A.M.
2. INVOCATION
Pastor Doug Vogt, First Church of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney Bangel led the Pledge of Allegiance to the Flag.
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Macht requested the following changes to today's Agenda:
1. Addition: Item 7.J., North County Regional Park Competition Pool—request to
authorize outside counsel to communicate with counsel for Weller Pool Constructors, Inc. in
settlement discussions, and to schedule and attend the meeting.
JANUARY 14, 2003 1
2. Additional Backup: 13.D. regarding Dual Certified Employees — Emergency
Services District.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously made the above additions part of the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING .JANUARY I6 —19,
2003 AS FELLSMERE FROG LEG FESTIVAL DAYS
Chairman Macht read and presented the Proclamation to Ron Coniglio of Fellsmere and
"Festus" the Frog. (Mr.Coniglio provided a handout of the Festival program book and schedule of
events.)
5.B. AWARDFOREXCELLENCEINSOLID WASTE MANAGEMENTFROMSOLID
WASTE ASSOCIATION OF NORTHAMERICA (SWANA)
Michael Frey, Solid Waste Disposal District (SWDD) Managing Director, presented the
Award to the Board. The Chairman accepted the Award and returned it for display in the SWDD
office.
6. APPROVAL OF MINUTES - DECEMBER 17, 2002
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of December 17, 2002. There were none.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved the Minutes of the Regular
Meeting of December 17, 2002, as written and distributed.
7. CONSENT AGENDA
JANUARY 14, 2003 2
7.A. REPORTS
The following reports have been received and are on file in the office of the Clerk to
the Board:
1. Delta Farms Water Control District Audit Report and State of Florida Annual Local
Government Financial Report for FY Ending September 30, 2002
2. Indian River Farms Water Control District Board of Supervisors' meeting minutes for
FY Ending September 30, 2002
7.8. APPROVAL OF WARRANTS
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved the list of Warrants as issued by the
Clerk to the Board for December 19-31, 2002, as requested in the
memorandum.
7. C. APPOINTMENT TO THE LAND ACQUISITION ADVISORY
COMMITTEVLAAO-CITY OF ,SEBASTIAN MAYOR WALTER BARNES
REPLACING COUNCILMANED MAJCHER
The Board noted the City of Sebastian's appointment of Mayor Walter Barnes to the
Land Acquisition Advisory Committee.
7D. RESOLUTION 2003-003 ADOPTING MISCELLANEOUS BUDGET
AMENDMENTNo. 004 TO THE F Y 2 0 02103B UD GE T
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously adopted Resolution 2003-003 amending the
FY 2002-03 Budget, as recommended in the memorandum.
JANUARY 14, 2003 3
7.E. RELEASE OF RETAINAGE FOR PRELIMINARY SITE PLAN DEVELOPMENT
AT COUNTYFAIRGROUNDS (PCL CONSTRUCTIONDEVELOPMENT. INC )
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved release of retainage in the amount
of $3,501.00, to PCL Construction Development, Inc., for preliminary site
plan development of the Exhibit Pavilion at the Indian River County
Fairgrounds, as recommended in the memorandum.
7.F. EXTENSION OF SITE PLAN TO OCTOBER 18.2003 FOR PACKING HOUSE
ADDITION AT HARBOR ISLAND CITRUS
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved the contract extension of the site
plan for one year to October 18, 2003 for the packing house addition at
Harbor Island Citrus, as recommended in the memorandum.
7.G. FINAL PAY AND RELEASE OF RETAINAGE FOR CITYSCAPE
CONSULTANTS. INC (WIRELESS MASTER PLAN AND FACILITIES ORDINANCE)
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved Final Pay and Release of Retainage
to CityScape Consultants, Inc., in the amount of $25,220.00, as
recommended in the memorandum.
7.H. FINAL PLAT REQUEST BY PAMELA CANADY FOR A PRIVATE ROAD
RIGHT-OF-WAY TO BE KNOWN AS OLD GROVE ROAD (CARTER ASSOCIATES.
INC) (WOOD YBIG TREE SUBDIVISION)
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously granted final plat approval requested by
Pamela Canady for a private road right-of-way to be known as Old Grove
Road, as recommended in the memorandum.
JANUARY 14, 2003 4
7.I. AUTHORIZATION FOR CLERK TO ENDORSE AND RELEASE INSURANCE
CLAIM CHECK FROM SOUTHERN FAMIL Y INSURANCE COMPANY (ALLAN AND
VALSETT LATTY)
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously authorized Clerk of Court Jeffrey K. Barton,
to endorse Check No. 75675 in the amount of $5,691.94 from Southern
Family Insurance Company, the proceeds from an insurance claim based
upon the fire on the mortgaged property, and release it to Mrs. Valsett
Latty, as recommended by staff.
7.J. AUTHORIZATION FOR OUTSIDE COUNSEL IN SETTLEMENT DISCUSSION
WITH COUNSEL FOR WELLER POOL CONSTRUCTORS, INC ON NORTH COUNTY
REGIONAL PARK COMPETITION POOL: CAO FILE No. 2001-5
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved authorization for outside counsel
to communicate to counsel for Weller Pool Constructors, Inc., in a
settlement discussion on North County Regional Park Competition Pool
CAO File No. 2001-5, as recommended by staff.
9. PUBLIC ITEMS
9.A. L PUBLIC HEARING — .JAMES AND PATRICIA PUCHTER REQUEST TO
MODIFY CERTAIN APPROVED CONCEPTUAL PLANNED DEVELOPMENT (P.D.)
PLANSETBACKS FOR LOT 3. ISLAND CLUB P.D. SUBDIVISION (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling related the facts surrounding the pool deck on Lot 3
Island Club not meeting the approved conceptual Planned Development Plan setbacks from
the property line. He stated it is not possible to cut the deck back to the 5' setback line
without affecting the pool. He had no problem with the Puchters request; however, a 6'
JANUARY 14, 2003 5
privacy wall adjacent to the pool was causing ponding in the backyard. He recommended
approval with the condition that a yard drain be installed to convey runoff from the rear yard
to the street to eliminate the ponding situation.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Steve Henderson, the Puchters' Attorney, explained the Puchters were unaware of
the encroachment at the time of purchase. However, it was discovered in 2001 during a
pending sale of the property that fell through. The property is currently under contract and
he asked the Board not to attach the yard drain condition as a delay may cause the Puchters
to lose another property sale. He declared that a drainage plan was currently in process and
the contractor was willing to post bond to ensure completion of the work.
The Chairman asked if anyone else wished to be heard with regard to this matter.
There being none, the Chairman closed the public hearing.
Commissioner Fran Adams was willing to accept the encroachment and was in favor
of the contingency. She felt it was essential to have a guarantee that the work was
completed.
Director Stan Boling said if the work was not completed then it would be the
County's responsibility to perform the work and he recommended that a time limit be set.
He related that his staff would confirm and certify after inspection that this condition has
been met.
After some discussion, Public Works Director Jim Davis suggested the project be
given 60 days for completion and asked that the engineer provide a cost estimate for his
review.
Commissioner Ginn felt a cash bond would satisfy everyone.
JANUARY 14, 2003 6
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved modifying the setback for
pool decks on Lot 3 Island Club Subdivision from 5' to 2', with the
condition that the Puchters provide a yard drain in the backyard to convey
runoff from the rear yard to the street, and that the Puchters post a cash
bond, as recommended by staff.
9.A.2. PUBLIC HEARING A PROPOSED ORDINANCE; AMENDING LAND
DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901.03; DEFINITIONS OF
RETREATS AND CAMPS; SPECIFIC LAND USE CRITERIA FOR RETREATS AND
CAMPS, CHAPTER 971.40(11), AND PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS, CODIFICATION, SEVERABILITYAND EFFECTIVE DATE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling defined the current Land Development Regulations
(LDR) special uses for retreats and camps. After reviewing a recent request from Christian
Outreach for a retreat/camp project he discovered the need for defining "retreats and
camps" and to modify the retreat/camp criteria to ensure that such uses will be rural in
character and compatible with surrounding areas. With the recommendations from the
Planning and Zoning Commission (P&Z) and the Professional Services Advisory Committee
(PSAC), Director Boling presented two proposals for consideration: (1) to define retreats
and camps as rural and natural destination facilities for overnight stays and day programs, to
increase minimum acreage from 10 to 40 acres, to require 90% open space, to limit active
recreation area to 30% of the project's open space, limit building coverage to 3% of the
entire site area, and to reduce certain requirements for existing/approved smaller retreats.
Proposal (2) was the same as above except for the special open space or active recreation
area criteria, limiting the building coverage to 5% of the entire site area, eliminating any
minimum acreage requirement, and relying on increased setbacks and buffers alone to set the
parameters for site size and configuration for any given project design. Both proposals
include the grandfathering provisions for existing facilities.
JANUARY 14, 2003 7
Commissioner Ginn felt grandfathering existing retreats may limit their ability to
expand if they have to meet other criteria. She also felt the proposed requirements needed
to be consolidated, otherwise it would be difficult to design future projects.
Commissioner Neuberger queried if there had been any complaints and, there being
none, did not see a strong need for amendments.
Commissioner Adams suggested looking in detail at use and impact on the neighbors
and simplifying the requirements.
Chairman Macht agreed to consider the uses and also the time of origin.
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter.
Jack Islep, 2265 55'h Square, Vero Beach, Executive Director of Christian
Outreach International, commented they have a retreat center in the Czech Republic. He
said there is a definite difference between camps and retreats. Camps are for young people
and retreats are usually spiritual. Each has a very different operation. It would be costly to
provide 40 acres for a retreat that does not produce great revenue, yet is very beneficial.
A retreat run by nuns in Palm Beach County is on 10 acres and is open to everyone. Duncan
Conference Center in Delray is an Episcopalian Retreat Center on 5 acres. It is a beautiful
facility. Around the country there are many retreats in operation on less than 40 acres which
still function very well. He felt 85% open space is a lot.
John Dean, 2223 10th Avenue, Vero Beach, and Architect for Christian Outreach,
was representing them and was also there for the benefit of the two new Commissioners and
the people who will come in the future. He felt neither proposal was perfect. In the future
we will be seeing smaller retreat centers. The Professional Services Advisory Committee
proposal reflected retreats that are of various sizes and the Land Development Regulations
do not need to be so stringent. This has a big impact on the community and he felt this is not
the path we want to encourage for this activity in our county. (Mr. Dean provided a handout
entitled "Retreats Come In All Sizes and Shapes" which has been filed with the backup from
this meeting.)
JANUARY 14, 2003 8
Jim Granse, 36 Pine Arbor Lane, Vero Beach, believed the difference between
retreats and camps was that camps are generally more disciplined and when he thinks of
retreats he thinks it is usually wide open.
Brian Heady, a resident of Vero Beach, stated there have been no problems cited
by the Board and the regulations should be left "as is".
Peter Robinson, 315 Gray Twig Road, Vero Beach, felt that each project should be
presented on its own merit.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
(CLERK'S NOTE: Chairman Macht called a brief recess at 10:10 a.m. The
meeting was reconvened at 10:20 a.m. with all members present.)
Commissioner Ginn stated she saw no reason to change the regulations at this time
and we can work under special exceptions.
ON MOTION by Commissioner Ginn, SECONDED BY Commissioner
Neuberger, the Board unanimously denied the proposed Ordinances to
amend the Land Development Regulations and agreed to work under
special exceptions.
9.A.3. PUBLIC HEARING - A PROPOSED ORDINANCE (NOT ADOPTED —
PUBLIC HEARING CONTINUED TO MARCH 1P) AMENDING THE CODE OF
INDIAN RIVER COUNTY, DELETING A PROVISION THAT A COUNTY
COMMISSIONER WHO SERVES AS A MEMBER OF A COMMISSION OR BOARD
CHAIRS SUCH COMMISSION OR BOARD; PROVIDING THAT EACH COMMISSION
AND BOARD SHALL ELECT FROM AMONG ITS VOTING MEMBERS A CHAIRMAN
ANDA VICE CHAIRMAN, PROVIDING THAT, EXCEPT AS OTHERWISE PROVIDED BY
,STATE OR FEDERAL LAW, A COUNTY COMMISSIONER APPOINTED AS A
REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS TO A
COMMISSION OR BOARD SHALL BE THE BOARD'S NON-VOTING LIAISON TO SUCH
JANUARY 14, 2003 9
COMMISSION OR BOARD; AND PROVIDING FOR TREATMENT OF CONFLICTING
PROVISIONS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
County Attorney Paul Bangel stated that, if adopted, this Ordinance would change
Commissioners' roles with respect to other Boards to that of nonvoting liaison, except as to
Boards whose membership is determined by State or Federal Law.
Commissioner Ginn requested a list of Boards that have to be changed and wanted
to hear from the public before making a decision.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Frank Coffey, 5015 Fairways Circle, President of the Taxpayers Association,
spoke in favor of the Ordinance which precludes having a Commissioner serve as Chairman
unless prohibited by law. The Taxpayers Board members recommend that such committees
select their own chairperson and vice chairperson and that the chairperson report to the
Board on a regular basis. Currently the members of the Taxpayers Association do not
believe that every Commissioner who chairs committee meetings now represents the views
of the majority. Their action is usually more political and self-serving than for the benefit of
the taxpayer. The Taxpayers Board members agree the Commissioners should appoint
committee members and the Commissioners have the responsibility to establish the purpose
and work scope of each County committee. (Mr. Coffey's handwritten remarks are in the
backup in the Office of the Clerk to the Board.)
Brian Heady, a Vero Beach resident, encouraged the Board to delete the provision
that precludes a Commissioner from chairing a committee; prohibiting a Commissioner from
chairing a committee would be just as harmful.
Henry Fischer, 520 Blue Island, Vero Beach, expressed his opposition to
Commissioners chairing committees; he felt citizens should chair these meetings. He
JANUARY 14, 2003 10
provided documents showing the number of meetings held by the Beach and Shore
Preservation Committee; in 2000 and 2001 89% of the meetings were cancelled.
Fred Mensing, 7580 1291h Street, Sebastian, is absolutely, adamantly opposed to
any Commissioner chairing or voting at committees. The idea of Commissioners appointing
members is ideal. He cited an incident which occurred in 1999 when the Commissioner, as
chairman of the Beach and Shore Preservation Committee, presented photographs
indicating that there was coquina rock in renourished upland sand. Further investigation
proved the rock came from a reef cut through at the inlet. He believed the Chairman to be
prejudiced against upland sand for renourishment. Information presented by citizens at the
committee level should be presented to the Board for action.
Gary Wheeler, 3302 63rd Square, Vero Beach, has served as Commissioner and
Chairman on both County and City advisory boards. Advisory committees are very
important for getting public input. He has seen Commissioners use committees to focus on
their own agenda; try to steer the committee in that direction, and bring that back to the
Board. It is better to get advice from the community without the influence of
Commissioners as Chairmen of those committees.
Herman Williams, 3455 Ocean Drive, Vero Beach, believed that the
Commissioners should not chair committees. However, he felt the Commissioners are the
most capable people to appoint the committee members and also to appoint someone to
head the committees.
Rene Renzi, 340 Waverly Place, Vero Beach, endorsed the previous speakers in
favor of this ordinance, particularly the points made by the Taxpayers Association. It must
be very frustrating to be appointed to a committee and then never be called to a meeting.
She felt that was derogatory to the community and she hoped that the Commissioners would
fix that.
JANUARY 14, 2003 11
Joe Irving, a resident in Vero Beach, was definitely in support of the ordinance. He
felt that the citizens should be given a chance; they might surprise the Commissioners and
do the right thing. Regardless of the issue or who is chairing a committee, that committee
still comes back to the Board for the final decision. If it does not work, the Commissioners
can rectify it.
Bill Glynn, 1802 Barefoot Place, Vero Beach, President of the Barrier Island
Coalition which consists of approximately 8,000 members, said that after a lengthy
discussion they concluded this particular ordinance may be flawed. They are not for or
against the concept, but against the ordinance as it was advertised. He commended
Commissioner Ginn, as Chairman of the Space Needs Committee, and Commissioner
Adams for the accomplishments of the Beach and Shore Preservation Committee. He felt
the committees would not be where they are today if it weren't for the Commissioners'
leadership. He believed the concept for each committee needs to be looked at and rules and
regulations for conducting the meeting should be provided.
Warren Winchester, 1845 Tarpon Lane, Vero Beach, agreed that they need to take
another look at the ordinance. If you want unbiased citizen input, then a board or committee
must be structured to make sure the members appointed have the opportunity to provide
input.
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
Commissioner Ginn had some questions regarding the guidelines for a
Commissioner as Chairman and asked the Board to think of the ramifications. She would
like to have this come back to the Board with a list of committees that must be chaired by
a Commissioner or a recommendation from staff.
County Attorney Paul Bangel stated of those boards he researched he found only
two committees that addressed the chairmanship. One of those, the Tourist Development
Council, according to the State Statutes has the option of designating a chair or allowing
election of a chair.
JANUARY 14, 2003 12
Commissioner Lowther disagreed with Commissioner Ginn as to ramifications. He
believed a Commissioner, even though not the chair, will still show leadership and be active.
Chairman Macht thought it is preposterous to think that a Commissioner will take
a passive role where he has, by obligation, an educated opinion. The idea that people on a
committee are deprived of the power of thought and speech because they are sitting in the
august presence of a Commissioner is also preposterous. There is no need for a committee
to meet when there is no business to discuss. The only thing he does agrees with is the
Commissioner should not be allowed to vote. A Commissioner might have to vote one way
based on the limited input that the committee has and then vote a different way at the
Commission meeting because of additional input. He felt the ordinance was too far reaching
and does not meet the requirements of operating a County.
Commissioner Neuberger clarified that the makeup of the committees should remain
the same; the only change would be the person running the meetings. The Citizens Advisory
Committee is an exception, but public perception is that the current method is not working
and we need to rely more on the people. He asked that this item be tabled to get suggestions
and brought back in a month.
Commissioner Adams suggested County Administrator Jim Chandler and County
Attorney Paul Bangel should take a look at which committees are advisory committees and
which ones are operational committees. The Commissioners also need to look at the
committees they chair and see which ones need to be abolished, which still have a direction
and what they have accomplished.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board continued the public hearing to March 11,
2003, at 9:00 a.m. County Attorney Paul Bangel and County
Administrator Jim Chandler were instructed to gather more information on
all of the committees, both regulatory and advisory, define their goals,
objectives and accomplishments to determine which committees need to
sunset.
JANUARY 14, 2003 13
9.B.I. PUBLIC DISCUSSION ITEM -HENRY FISCHER TO SPEAK ON THE
SUBJECT OF BIDDING BEACH SAND
Henry Fischer, 520 Blue Island Street, Vero Beach, continued his discussion from
the previous meeting regarding the beach restoration project. He asked for an open
understanding of mitigation, reopening the bidding process, and a reexamination of the
awarding of the contract for the North County Pool and the 771h Street projects. (Mr.
Fischer provided several handouts that have been filed with the backup for this meeting.)
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM - MICHAEL MCCABE OF PROCTOR
CONSTRUCTION TO DISCUSS CONSTRUCTION MANAGEMENT AT RISK AND
BIDDING PROCESSES
Michael McCabe of Proctor Construction, Vero Beach, gave a comprehensive
explanation of Construction Management at Risk (CMR) procedures using visual aids
displayed on the overhead. He also explained in detail the entire bidding process in
connection with the North County Pool and the 771h Street projects. (Copy of documents
used by Mr. McCabe are on file in the office of the Clerk to the Board.)
NO ACTION REQUIRED OR TAKEN.
9.B.3. PUBLIC DISCUSSION ITEM - BRIAN HEADY TO DISCUSS THE
EXPENDITURE OF TAX DOLLARS
Commissioner Macht asked Mr. Heady to confine his comments to one topic.
Brian Heady spoke of the results of an AP nationwide study that found Florida is
rated the second highest state in the nation in capital outlay using the Construction
Management at Risk (CMR) bidding process and the highest county in the State in capital
outlay expenditures. He argued that CMR is not the best bidding process for our tax dollars.
JANUARY 14, 2003 14
NO ACTION REQUIRED OR TAKEN
9.B.4. PUBLIC DISCUSSION ITEM - Tommy McDoUGALD TO DISCUSS
ALCOHOL AND DRUG PROGRAMS
Tommy McDougald, a resident of Vero Beach, claimed the half a million tax
dollars used to fund alcohol and drug programs are not being distributed or utilized
properly. He has been in and out of drug treatment centers over 36 years. Some programs
have a dictator running the programs and receiving a salary with no knowledge of what the
need is for the pain. He maintained that if we manage these dollars properly within the
programs, we can reduce alcohol and drug use and save tax dollars. He asked the Board to
review these programs.
CONSENSUS was to go to Item 11.C. at this time.
10. PUBLIC HEARING SCHEDULED MARCH 18, 2003 - PROPOSED
PROJECTS FOR THE OPTIONAL 10 SALES TAX
(CLERK'S NOTE: This item was heard after 11.C.)
Assistant County Administrator Joseph Baird briefly reviewed the backup and requested a
public hearing be scheduled to discuss the proposed projects list for the Optional 10 Sales Tax.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved holding a public hearing on March
18, 2003 to consider the proposed projects list slated for the first five-year
period of the extended optional 10 sales tax which begins May, 2004, as
recommended by staff.
11.C. GENERAL SERVICES -NEEDS ASSESSMENT CONSULTANT FOR
JAIL EXPANSION - CARTER GOBLE ASSOCIATES, INC.
(CLERK'S NOTE: This item was heard following Item 9.13.4. but is presented here for
continuity. Item 10 was heard after 11.C.)
JANUARY 14, 2003 15
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved the Agreement with Carter Goble
Associates, Inc. and authorized the Chairman to execute the agreement
upon prior execution by the Consultant, as recommended in the
memorandum.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
II.G.1. DEVELOPER'S AGREEMENT - THE MEDICAL ARTS BUILDING
OF VERO BEACH, LLC - CONSTRUCTION OF IMPROVEMENTS FOR
10TH COURT
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved the Developer's Agreement
for the Medical Arts Building of Vero Beach, LLC, for construction of
improvements at I 01 Court with funding to be from Special Assessment
Road and Bridge Division Fund (11121441-035510), as recommended in
the memorandum.
AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
11.H.1. 63RD AVENUE, BETWEEN 4TH STREET AND 8TH STREET WATER
SYSTEM CONFLICT ADJUSTMENTS - WORK AUTHORIZATION
DIRECTIVE NO. 2001-036 - GEORGE E. FRENCH
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Adams, the Board unanimously approved the Water System Conflict
Adjustments at 63rd Avenue, between 4t'' Street and 8t'' Street, at a total
cost of $37,506.73, including 10% contingency for labor, and authorized
the Chairman to execute Work Authorization 42001-036 to the Utilities
JANUARY 14, 2003 16
Department Labor Contractor George E. French authorizing payment up
to $27,178.20, as recommended in the memorandum.
WORK AUTHORIZATION DIRECTIVE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
13.D. COMMISSIONER THOMAS S. LOWTHER - DUAL -CERTIFIED
EMPLOYEES IN THE EMERGENCY SERVICES DISTRICT
At the request of Commissioner Lowther, Department of Emergency Services Director John
King spoke in reference to the recent labor negotiations. Both labor unions presented concerns
about employees losing state or national licensures. Director King has 40 employees that are
dual -certified. He explained some paramedics have lost their State fire licensure and need to
re -certify, and some paramedics may lose their State fire licensure this year. These paramedics are
in jeopardy of not being able to re -certify. Eight firefighters are nationally paramedic certified and
they may lose their licensure in March 2003. Ambulances are dispatched on every structure fire but
technically the paramedics can not use their firefighting skills. Ambulances and fire trucks are
dispatched to accidents but firefighters cannot use their paramedic skills.
Director King felt he would be able to reduce the number of units dispatched to a scene if
he could utilize all the available staff. Also, there is a "minimum man" requirement on both
contracts. If we obtain permission to use some flexibility then when an employee calls in sick at the
last minute, he may be able to reduce some costs. Other counties are now using a dual -certified
system. They are taking valuable staff from our district. He asked the Board to direct staff to
conduct generalized discussions, not formal negotiations, with each labor group for the purpose of
a short-term solution to assist our employees who are in jeopardy of losing their second
certifications. In both collective bargaining agreements there are labor management committees
whose mission is to hammer out some of these issues. When a solution is found, that
recommendation by management would be brought back to the Board. If labor and management are
not successful, he would have to report to his employees that maintaining their certifications is not
a condition of their employment and he is not in a position to assist them in retaining their licensure.
Commissioner Adams felt this was a great approach and the employees need to keep their
certifications.
JANUARY 14, 2003 17
Commissioner Lowther felt the opportunity of having dual -certified employees will be cost
effective.
County Administrator Jim Chandler felt if we have the ability to utilize our employees in
both services and acquire some change in the level of service then that should be re -negotiated and
brought back to the Board. Potentially this means re -negotiating the existing contracts.
Commissioner Ginn was adamant that she did not want anyone to come back to her asking
to reopen the contracts. It is less than 90 days since the contracts were signed and there is no clause
referring to certifications.
Chairman Macht directed Director King to research allowing individuals to maintain their
current status and bring his recommendations back to the Board before any action is taken.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board unanimously (5-0) authorized the
Director of Emergency Services John King to begin discussions with
dual -certified employees' representatives on ways to enhance the level of
service to help dual -certified employees retain their licensure with minimal
impact to the single -certified employees of the Fire Division and the
Emergency Management Services Division and bring recommendations
back to the Board.
14.11. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, the Board would reconvene
as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being
prepared separately.
JANUARY 14, 2003 18
ALL BACKUP DOCUMENTATION, RESOLUTIONS, ORDINANCES, AND
CONTRACTS 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 12:29 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
1/ 14/03BCC/MIS/2003Mimrtes
JANUARY 14, 2003 19