HomeMy WebLinkAbout01/20/2004INDEX TO MINUTES OF THE REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 20, 2004
1. CALL TO ORDER........................................................................................1
2. INVOCATION...............................................................................................1
3. PLEDGE OF ALLEGIANCE......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS............................................................................................................2
5.A. PRESENTATION BY HOLLY DILL OF ENVIRONMENTAL
LEARNING CENTER - 2003 UP CLOSE AND ECOLOGICAL
PROGRAM....................................................................................................2
5.B. PRESENTATION BY MARIA ZUCARO OF THE WORLD
TRADE CENTER - 2004 WESTERN HEMISPHERE OUTLOOK
CONFERENCE IN WEST PALM BEACH, FLORIDA -
FEBRUARY4, 2004......................................................................................3
5.C. PRESENTATION OF PROCLAMATION DESIGNATING
JANUARY 29, 2004 AS THOMAS PAINE DAY......................................3
January 20, 2004
6. APPROVAL OF MINUTES........................................................................4
7. CONSENT AGENDA...................................................................................4
7.A. REPORTS...................................................................................................................4
7.8. APPROVAL OF WARRANTS -DECEMBER 21, 2003 -JANUARY 8, 2004 ....................4
7. C. APPOINTMENT OF HELEN GLENN TO THE COUNCIL OF PUBLIC OFFICIALS
(COPO).................................................................................................................... 5
7.D. ELECTION OF PLANNING AND ZONING COMMITTEE (P&Z) CHAIRMAN
DONNA KEYS AND VICE CHAIRMAN GEORGE HAMNER FOR 2004 .......................... 5
7.E. COMMISSIONER COMMITTEEASSIGNMENTS ADDITION OFELECTED
OFFICIALS OVERSIGHT COMMITTEE TO CHAIRMAN GINN - COMMUNITY
DEVELOPMENT BLOCK GRANT COMMITTEE MEMBERSHIP INCREASE TO 11......... 5
7.F. FINAL PAYMENT- INSTALLATION OF CLOSED CIRCUIT TV CAMERA,
MONITORS, AND ACCESSORYEQUIPMENT - SIEMENSBUILDING
TECHNOLOGIES........................................................................................................ 7
7.G. PROPERTYACQUISITIONS - TAX ROLL REMOVALS -RESOLUTIONS
2004-008/009 - 41ST STREET WIDENING - FLORENCE M. SABONJOHN,
TRUSTEE (008), AND INDIAN RIVER INDUSTRIAL CENTER, INC. (009) .................... 7
7.K RESOLUTION2004-010-TEMPORARY CONSTRUCTIONEASEMENTRELEASES
-PUBLIC WORKS ......................................................................................................8
7.I. BLANKET PURCHASE ORDERS INEXCESS OF $5, 000 FOR FISCAL YEAR
2003/2004................................................................................................................. 8
7.J. PROCLAMATIONHONORINGRUTHM. LYNNONHER COUNTYRETIREMENT
EFFECTIVEJANUARY22, 2004.................................................................................8
7.K RESOLUTION2004-011-ACCEPTANCE OF THE METROPOLITANPLANNING
ORGANIZATION (MPO) 2003 MPO APPORTIONMENT PLAN..................................9
7.L. CORRECTION OF LEGAL DESCRIPTIONAND MAP -EAST GIFFORD
WATERSHED AREA MUNICIPAL SER i'ICE BENEFIT UNIT ........................................ 9
7.M. RESOLUTION2004-012-MISCELLANEOUSBUDGETAMENDMENT004 ..............10
January 20, 2004 2
8.A DAVID C. NOLTE - PROPERTY APPRAISER - REQUEST FOR
BUDGET AMENDMENT #2 FOR FISCAL YEAR ENDING
SEPTEMBER30, 2004...............................................................................10
9.A.1. PUBLIC HEARING - ORDINANCE 2004-002 - REZONING
APPROXIMATELY 37.5 ACRES FROM A-1 TO RS -3 AS
REQUESTED BY PAUL FREEMAN - NORTHWEST CORNER
OF 1ST STREET SW AND 50TH AVENUE (QUASI-JUDICIAL) .......11
9.A.2. PUBLIC HEARING - ORDINANCE 2004-003 - AMENDING
LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER
911 AND CHAPTER 971, SPECIFIC LAND USE CRITERIA, BY
CREATING SECTION 971.13(5) REGARDING FRUIT,
VEGETABLE, AND NURSERY RETAIL SALES IN
AGRICULTURAL AREAS (LEGISLATIVE).......................................13
9.B.1 PUBLIC DISCUSSION ITEM - BRIAN HEADY'S REQUEST TO
DISCUSS MATTERS OF IMPORTANCE TO GROWTH OF THE
COUNTY......................................................................................................14
11.A.1. REVIEW OF IMPACT FEE SCOPE OF SERVICES ..........................15
11.A.2. CONTRACT FOR FEDERAL PASS-THROUGH FUNDS FOR
RESTORATION OF PELICAN ISLAND NATIONAL WILDLIFE
REFUGE - DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP) - U.S. FISH AND WILDLIFE SERVICE
(FWS)............................................................................................................16
January 20, 2004 3
11.C.1. AMENDMENTS TO CONTRACTS - BOBBY'S PLUMBING,
CARE -FULL AIR CONDITIONING, AND BIP DIPIETRO
ELECTRIC - OLD FELLSMERE SCHOOL.........................................17
11.C.2. CONSENT TO ASSUMPTION AND RENEWAL OF LICENSE
WITH CAPSTAR RADIO OPERATING COMPANY (SHARGO,
INC.) - MEDIA VI......................................................................................18
1LL1. RIGHT-OF-WAY PROPERTY EXCHANGE - TRANS FLORIDA
CENTRAL RAILWAY EAST OF CR510 (ANSIN PROPERTY) .......18
11.L2 AWARD OF CONTRACT - SECTORS 1 & 2 MITIGATION
REEF CONSTRUCTION - AMBERSAND (WILKINSON &
JENKINS CONSTRUCTION COMPANY, INC.).................................19
11.J.1. LICENSE AGREEMENT - CINGULAR WIRELESS
(BELLSOUTH) PLACING EQUIPMENT AND OCCUPYING
SPACE - 58TH AVENUE ELEVATED WATER TANK.......................21
11.J.2 DEVELOPER'S AGREEMENT - THE RESERVE AT GRAND
HARBOR - CONSTRUCTION OF OFF-SITE MASTER
PLANNED SANITARY SEWER FORCE MAIN AND A
REGIONAL SEWER SYSTEM - LEGEND PROPERTIES, INC ...... 22
11.J.3. RESOLUTION 2004-013 - WHIPPOORWILL ESTATES
SUBDIVISION PETITION WATER SERVICE - RESOLUTION
IV - FINAL ASSESSMENT (AS BUILT) - PROJECT UCP -2178 ......23
January 20, 2004 4
13. A. CHAIRMAN CAROLINE D. GINN - COMMENTS ON FIRE AT
SOUTHWINDS...........................................................................................23
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER - REQUEST
FOR JOINT MEETING WITH INDIAN RIVER HOSPITAL
DISTRICT BOARD TO TRUSTEES TO DISCUSS PROPOSED
NEW LEASE AND TELEVISE TAPED MEETINGS OF THE
BOARD OF DIRECTORS OF INDIAN RIVER HOSPITAL, INC.
ON GOVERNMENT CHANNEL.............................................................24
13.C. COMMISSIONER FRAN B. ADAMS - FROG LEG FESTIVAL...... 25
13.E. COMMISSIONER KENNETH R. MACHT - REPORT ON THE
LISTENING SESSION SPONSORED BY INDIAN RIVER
COMMUNITY COLLEGE EXTENSION SERVICES .........................25
13.F COMMITTEE APPOINTMENTS AND RE -APPOINTMENTS
2004................................................................................................................25
14.A. EMERGENCY SERVICES DISTRICT..................................................26
14.B. SOLID WASTE DISPOSAL DISTRICT.................................................26
14.C. ENVIRONMENTAL CONTROL BOARD.............................................26
January 20, 2004 5
January 20, 2004
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on
Tuesday, January 20, 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; and Maria L Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Reverend Robert K. Stull, Jr., Trinity Episcopal Church delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney William G. Collins led the Pledge of Allegiance to the Flag.
January 20, 2004 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Ginn requested the following additions/deletions to the agenda:
Additions: Item 11.A.2.
Request for approval of State Contract for Federal Pass
Through Funds for Restoration of Pelican Island National
Wildlife Refuge
Item 13.A.
Chairman Ginn comments on fire at Southwinds
Item 13.13.
Commissioner Neuberger requests Joint Meeting with
Hospital District Board of Trustees regarding lease
renewal and to televise their workshop and taped
meetings of the Board of Directors of the Indian River
Hospital, Inc.
Item 13.E.
Commissioner Macht reports on the Listening Session
sponsored
by IRC Extension Services of last week
Correction: Item 11.J.2.
Corrected page 163 due to error
MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously added
the above items to the agenda.
5.A. PRESENTATION BY HOLLY DILL OF ENVIRONMENTAL
LEARNING CENTER - 2003 UP CLOSE AND ECOLOGICAL
PROGRAM
Holly Dill, Executive Director of the Environmental Learning Center said the 2003
Up Close and Ecological Program was held for staff members of governmental agencies. They
had 15 agencies represented to learn about the Indian River Eco -system and the program was very
productive.
January 20, 2004 2
Doug Carlson, Chairman of the Environmental Learning Center Education
Program pointed out that in 2002 the County Commissioners participated and did not win, but their
staff participated this year and were winners of the award, with that he presented a metal
sculptured art crab to the Board.
S.B. PRESENTATION BY MARIA ZUCARO OF THE WORLD
TRADE CENTER - 2004 WESTERN HEMISPHERE OUTLOOK
CONFERENCE IN WEST PALM BEACH, FLORIDA -
FEBRUARY 4, 2004
Maria Zucaro of the World Trade Center of West Palm Beach said the United
States Department of Commerce in Washington, D.C. has elected them to host the 2004 Western
Hemisphere Conference. It is a one -day conference for business people to meet the U.S.
commercial officers posted at various embassies in the U.S. Hemisphere. These commercial
officers act as trade liaisons to bring U.S. businesses opportunities in their assigned countries. The
conference will be held on February 4 in West Palm Beach at the Kravis Center. She extended an
invitation to the Board to attend the conference and thanked them for the opportunity to make this
presentation.
S.C. PRESENTATION OF PROCLAMATION DESIGNATING
JANUARY 29, 2004 AS THOMAS PAINE DAY
Commissioner Neuberger read and presented the proclamation to Robert Walsh,
who gratefully accepted the proclamation giving a brief synopsis of Thomas Paine's role in
American history towards our independence. Thomas Paine's Friends of Massachusetts, a 501-3C
non-profit organization, has resolutions from nine states including Florida, and is working with
other states declaring January 291h as Thomas Paine Day. An American in Germany is presently
January 20, 2004 3
contacting organizations around the World to participate in a World Day of recognition in the year
2009 on the bi-centennial of his death. Mr. Walsh announced that he was trying to renew the
Annual Thomas Paine Memorial dinner to be held on Thursday, January 29th and he invited
everyone to make their reservation to attend.
6. APPROVAL OF MINUTES
None.
7. CONSENT AGENDA
Commissioner Neuberger requested Item 7.E be pulled for discussion.
7.A. REPORTS
The following reports have been received and are on file in the office of the Clerk to
the Board:
1. St. Johns Water Control District Notice of Regular Quarterly Meetings:
January 20, April 20, July 20, and October 19, 2004.
2. Indian River Farms Water Control District Annual Local Government
Financial Report and General Purpose Audited Financial Statements for Year
Ended 09-30-03.
7.B. APPROVAL OF WARRANTS —DECEMBER 21.2003 — .JANUARY 8.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
January 20, 2004 4
approved of the list of Warrants as issued by the Clerk
to the Board for December 31, 2003 to January 8,
2004, as requested.
7.C. APPOINTMENT OF HELEN GLENN TO THE COUNCIL OF PUBLIC
OFFICIALS (COPD)
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board acknowledged
the appointment of Helen Glenn to the Council of
Public Officials, as stated in staff's memorandum
dated January 7, 2004.
7.D. ELECTION OF PLANNING AND ZONING COMMITTEE (P&Z)
CHAIRMANDONNA KEYS AND VICE CHAIRMAN GEORGE IIAMNER
FOR 2004
The election was noted for the record.
7.E. COMMISSIONER COMMITTEE ASSIGNMENTS ADDITION OF
ELECTED OFFICIALS OVERSIGHT COMMITTEE TO CHAIRMAN
GINN- COMMUNITYDEVELOPMENT BLOCK GRANT COMMITTEE
MEMBERSHIP INCREASE TO II
Commissioner Neuberger attended the Community Development Block
Grant Committee that consisted of 10 voting members plus himself. Due to the
January 20, 2004 5
fact that he is not a voting member, the committee did not have a quorum. He
recommended that the committee consist of eleven voting members, and he felt
that this situation might affect other committees as well.
Chairman Ginn agreed.
Community Development Director Robert Keating said the Community
Development Block Grant Committee is required by Federal law as one of the
conditions of applying for and obtaining the Community Development Block
Grant. There is no requirement on how many members make up the committee
and he did not see a problem if the Board wanted to expand the committee or add
members to it.
CONSENSUS was to increase the Community
Development Block Grant Committee membership to
11.
Discussion continued and Chairman Ginn noted that as Chairman of the Board
of Commissioners she becomes a member of the Elected Officials' Oversight
Committee.
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board acknowledged
the Committee assignments for each commissioner
and approved the addition of the Elected Officials'
Oversight Committee assigned to Chairman Ginn, as
listed in the memorandum dated January 12, 2004.
January 20, 2004 6
7.F. FINAL PAYMENT- INSTALLATION OF CLOSED CIRCUIT TV
CAMERA. MONITORS, AND ACCESSORYEQUIPMENT - SIEMENS
BUILDING TECHNOLOGIES
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved release of retainage to Seimens Building
Technologies in the amount of $4,063.30, as
recommended in the memorandum of January 13,
2004.
7.G. PROPERTYACQUISITIONS — TAX ROLL REMOVALS —RESOLUTIONS
2004 -0081009 -41ST STREET WIDENING - FLORENCE M.
SABONJOHN. TRUSTEE (008). AND INDIAN RIVER INDUSTRIAL
CENTER. INC (009)
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
adopted Resolution 2004-008, canceling taxes upon
publicly owned lands, pursuant to Section 196.28,
Florida Statutes. (Florence M. Sabonjohn, Trustee).
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
adopted Resolution 2004-009, canceling taxes upon
publicly owned lands, pursuant to Section 196.28,
January 20, 2004 7
Florida Statutes. (Indian River Industrial Center, Inc. -
41" Street Widening)
7.H. RESOLUTION2004-0I0- TEMPORARYCONSTRUCTIONEASEMENT
RELEASES — PUBLIC WoRKs
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
adopted Resolution 2004-010, authorizing the Public
Works Director, or his designee, to execute releases of
temporary construction easements on behalf of the
Board.
U. BLANKET PURCHASE ORDERS IN EXCESS OF $5.000 FOR FISCAL
YEAR 2003/2004
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
authorized staff to issue blanket purchase orders to the
vendors listed on the Blanket Purchase Order List
(copy on file) with values not to exceed $5,000 for
Fiscal Year 2003/2004, as requested by staff in their
memorandum dated January 7, 2004.
U PROCLAMATIONHONORING RUTHM. LYNN ONHER COUNTY
RETIREMENT EFFECTIVE JANUARY22, 2004
The Board entered the Proclamation into the record.
January 20, 2004 8
7.K. RESOLUTION 2004-OII —ACCEPTANCE OF THE METROPOLITAN
PLANNING ORGANIZATION (MPO) 2003 MPO APPORTIONMENT
PLAN
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
adopted Resolution 2004-011 accepting the 2003
Apportionment Plan of the IRC Metropolitan Planning
Organization.
7.L. CORRECTION OF LEGAL DESCRIPTIONAND MAP -EAST GIFFORD
WATERSHED AREA MUNICIPAL ,SERVICE BENEFIT UNIT
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
authorized staff to advertise amendment of the
ordinance for public hearing on February 10, 2004, as
recommended by staff in their memorandum dated
January 13, 2004.
January 20, 2004 9
7.M. RESOLUTION 2004-OI2 - MISCELLANEOUS BUDGET AMENDMENT
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
adopted Resolution 2004-012 amending the fiscal year
2003-2004 Budget.
8.A DAVID C. NOLTE - PROPERTY APPRAISER - REOUEST FOR
BUDGET AMENDMENT #2 FOR FISCAL YEAR ENDING
SEPTEMBER 30, 2004
Property Appraiser David Nolte requested an increase in his budget in the amount
of $46,238 for year ending September 30, 2004. Due to the increase in building projections this
year over last year (50%) he sees a need to place a new man in the field with a salary rate of
$22,500 per year and an extra vehicle.
MOTION WAS MADE by Commissioner Macht,
SECONDED by Commissioner Neuberger, to approve
the request.
There was a brief answer and question period regarding the salary and cost of the
vehicle.
January 20, 2004 10
The Chairman CALLED THE QUESTION and the
motion carried unanimously. The Board approved
Property Appraiser David Nolte's Budget Amendment
42 for FY ending September 30, 2004 for an additional
field person and an extra vehicle in the amount of
$46,238, as requested in his letter dated December 17,
2003.
9.A.1. PUBLIC HEARING - ORDINANCE 2004-002 - REZONING
APPROXIMATELY 37.5 ACRES FROM A-1 TO RS -3 AS
REOUESTED BY PAUL FREEMAN - NORTHWEST CORNER
OF IIT STREET SW AND 50TH AVENUE (OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating used a PowerPoint presentation
to display 37.5 acres located between 43rd Avenue and Kings Highway. The purpose of this
request is to secure the zoning necessary to develop the property for single family residential uses.
He reviewed the surrounding properties' zoning for the Board and explained this request meets all
criteria, adequate concurrency, and is consistent with the comprehensive plan. Both staff and the
Planning and Zoning Commission support this request.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
January 20, 2004 11
Renee Renzi, 340 Waverly Place, felt this request is more acceptable going from
A-1 to RM -3 zoning rather than RM -6, as requested in the past.
Brian Heady, Vero Beach, said it would be difficult to deny this request since it is
surrounded by other subdivisions and inactive groves. However, he still expressed concern for the
impact to the schools and the over crowdedness it will bring and asked the Board to impose impact
fees on the subdivision and take the burden off the taxpayer.
Harold Ballard, 176 18th Avenue, is the owner of three lots from I" Street S to 50th
Avenue and said he is not opposed to this project, but wanted to know if they are going to have
sewers or septic tanks.
Director Keating said a subdivision this size is required to have sewers and he can
have staff meet with him to answer specific questions.
Chairman Ginn commented that the request makes sense. This is a local developer
who has lived here all his life and has contributed substantially to the county.
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 Lowther,
SECONDED by Commissioner Neuberger, the Board
unanimously adopted Ordinance 2004-002 amending
the zoning ordinance and the accompanying zoning
map for approximately 37.5 acres located at the
northwest corner of I" Street SW and 50th Avenue,
from A-1, Agricultural District (up to 1 unit/5 acres) to
RS -3, single family residential district (up to 3
January 20, 2004 12
units/acre); and providing codification, severability,
and effective date.
9.A.2. PUBLIC HEARING - ORDINANCE 2004-003 - AMENDING
LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER
911 AND CHAPTER 971, SPECIFIC LAND USE CRITERIA, BY
CREATING SECTION 971.13(5) REGARDING FRUIT,
VEGETABLE, AND NURSERY RETAIL SALES IN
AGRICULTURAL AREAS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling said this was the second and final hearing on the
Land Development Regulation (LDR) Amendment. At the first hearing he reviewed the
Ordinance changes, and they are ready for adoption. The three changes consist of dropping the
minimum site size requirement down from 40 acres to 20 acres, allowing the use on active
agricultural production operation sites rather than limiting the use to sites with citrus groves, and
allowing the use inside and outside the urban service area rather than limiting the use to sites
outside the urban service area. In response to Commissioner Macht's question, Director Boling
said that the adoption of this ordinance would allow for redevelopment or expansion to the
Peterson operation.
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter. There being none, the Chairman closed the public hearing.
January 20, 2004 13
ON MOTION by Commissioner Macht, SECONDED
by Commissioner Adams, the Board unanimously
adopted Ordinance 2004-003 amending the Land
Development Regulations (LDRS) Chapter 911 and
Chapter 971, specific land use criteria, by creating
section 971.13(5) regarding fruit, vegetable, and
nursery retail sales in agricultural areas; and providing
for repeal of conflicting provisions, codification,
severability and effective date.
9.B.1 PUBLIC DISCUSSION ITEM - BRIAN HEADY'S REOUEST TO
DISCUSS MATTERS OF IMPORTANCE TO GROWTH OF
THE COUNTY
Chairman Ginn told Mr. Heady that impact fees are on the agenda and he is
speaking on an agenda item. She asked him in the future to always keep his discussion to
something on the agenda. She commented that he had not been returning her phone calls and that
she hoped they could address these issues before the meeting in the future.
Brian Heady, Vero Beach, said his discussions cover what the public needs to hear
and thought this was the proper forum to discuss it, not on the telephone. He commented on the
number of times he was interrupted at the last meeting and said citizens who want to speak should
be allowed to speak and not be harassed by the Chair.
Commissioner Ginn refused to be lectured by Mr. Heady and asked the deputy to
remove him from the room.
January 20, 2004 14
11.A.1. REVIEW OF IMPACT FEE SCOPE OF SERVICES
Community Development Director Robert Keating as directed by the Board had
developed a scope of services for an impact fee study (draft in the backup) and stated that staff was
directed to initiate the process of an impact fee study of eight facilities: correctional, solid waste,
public education, libraries, fire/emergency services, law enforcement, public buildings, and parks.
He gave a brief overview of the tasks involved and listed the meetings and presentations within the
proposed timeframe should the Board approve the scope of services at this meeting. Staff could
have a consultant by the middle or end of March and they would have 6 months to complete the
study, bringing them into November of 2004. The range of cost is estimated at $130,000 minimum
to $160,000 or more. They can request proposals. Funding will come from the General Fund
contingency. One of the important issues is the need for municipal cooperation since impact fees
are county wide. Three municipalities have said they would consider it and two have not
responded to date. He summarized his presentation recommending the Board approve the scope of
services. identify any changes, allow staff to make minor changes, and authorize staff to initiate
the consultant selection process.
Commissioner Macht said they have an emergency on their hands with the
explosion of growth in the County and he felt a strong need to speed up the process. He believed
that a good part of the consultant's report is going to be derived from information already put
together and that 6 months was too much time.
Chairman Ginn agreed and suggested it be done in four months.
The discussion continued and the Commissioners sought legal advice from County
Attorney Collins regarding the municipalities not cooperating. Attorney Collins said the County
has the option of taking them to court.
Director Keating said they need to incorporate the scope of services in a request for
proposal (RFP) format. He already is asking for timeframes and he said they could indicate that
they want this completed in 4 months.
January 20, 2004 15
MOTION WAS MADE by Commissioner Neuberger,
SECONDED by Commissioner Macht, to change the
time constraints from 6 months to 4 months (July) and
to approve staff's recommendation..
Robert Johnson, 535 39th Court SW, noticed that roads were not included and he
questioned doing an analysis with the existing impact fee because it would not be sufficient to
cover roads.
fee rates.
Director Keating said in the next couple of months they would have revised impact
THE CHAIRMAN CALLED THE QUESTION and
the motion carried unanimously. (The Board approved
the impact fee scope of services, shortened the
completion date from 6 months to 4 months and
authorized staff to initiate the consultant selection
process for the project, as recommended in the
memorandum dated January 13, 2004.)
11.A.2. CONTRACT FOR FEDERAL PASS-THROUGH FUNDS FOR
RESTORATION OF PELICAN ISLAND NATIONAL
WILDLIFE REFUGE - DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP) - U.S. FISH AND WILDLIFE SERVICE
(FWS)
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Macht the Board unanimously
January 20, 2004 16
approved the contract; authorized the Chairman to
execute the same on behalf of the County; authorized
staff to solicit subcontractor proposals and bids for the
work in accordance with County procedures, as
recommended in the memorandum dated January 15,
2004.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
The Chairman called a brief recess at 10:03 a.m., and the meeting reconvened at
10:10 a.m. with all members present.
11.C.1. AMENDMENTS TO CONTRACTS - BOBBY'S PLUMBING,
CARE -FULL AIR CONDITIONING, AND BIP DIPIETRO
ELECTRIC - OLD FELLSMERE SCHOOL
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved the amendments and authorized the
Chairman to execute the amendments after being
executed by the Contractors, as recommended by staff
in their memorandum dated January 13, 2004.
BIP DIPIETRO ELECTRIC, INC. AND CARE -FULL AIR CONDITIONING, INC.
CONTRACT AMENDMENTS ARE ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
BOBBY'S PLUMBING, INC. WILL BE ON FILE
WHEN EXECUTED AND RECEIVED
January 20, 2004 17
11.C.2. CONSENT TO ASSUMPTION AND RENEWAL OF LICENSE
WITH CAPSTAR RADIO OPERATING COMPANY (SHARGO,
INC.) - MEDIA VI
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Neuberger, the Board unanimously
approved the Consent to Assumption and Renewal of
License and authorized the Chairman to sign the same,
as recommended by staff in their memorandum dated
January 13, 2004.
AGREEMENT AND LICENSE RENEWAL IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.I.1. RIGHT-OF-WAY PROPERTY EXCHANGE - TRANS
FLORIDA CENTRAL RAILWAY EAST OF CR510 (ANSIN
PROPERTY)
Public Works Director Jim Davis said a letter received from the State indicated that
the railroad right-of-way had minimal cultural and historical value. Since then, it is understood
that the railroad right-of-way may have significant cultural value and staff is awaiting a letter from
the State to clarify their opinion. He asked the Board to defer this item until they receive the letter.
Chairman Ginn said it is a pristine piece of property and suggested to anyone who
has not seen it that it would be worthwhile to visit the property.
January 20, 2004 18
MOTION WAS MADE by Commissioner Macht,
SECONDED by Commissioner Neuberger, to
approved staff's recommendation.
Ruth Stanbridge, 4835 66th Avenue, County Historian and former County
Commissioner, said presently the County is working on the "Rails -to -Trails" project on the North
County Regional Park property. This project is due west of the Hamilton property, where the
County does not own a right-of-way and the Ansin property where the County does own the rail
right-of-way. Farther to the west of the North County Regional Park the railroad grade is on a
buffer and this is public land. Only two parcels in that stretch from the river to I-95 are outparcels.
She talked to the state and they addressed only one parcel in their letter, but the Trans Central
Florida Railway has a master site file and that site has the potential for National Registry. With
National Registry status they will have potential for more grant opportunities. The
"Rails -to -Trails" may be the first and only one we will ever have in Indian River County.
There was a question and answer period regarding what would happen to the
property on CR512 being annexed into the City of Sebastian and it was decided to continue that
discussion after the letter is received from the State.
The CHAIRMAN CALLED THE QUESTION, and
the motion carried unanimously. (The Board approved
staff's recommendation to wait until the State's
opinion is received before proceeding.
11.L2 AWARD OF CONTRACT - SECTORS 1 & 2 MITIGATION
REEF CONSTRUCTION - AMBERSAND (WILKINSON &
JENKINS CONSTRUCTION COMPANY, INC.)
January 20, 2004 19
Coastal Resources Manager Jonathan Gorham explained that in the last two years
the limestone rock has been mandated as to size and certain specifications causing it to become
very expensive. This has been reflected in the bids being higher than they hoped. In comparison to
other counties, he felt this was the best they could get. He reviewed the option of approving staff s
recommendation and constructing the reef now under the current permit and constructing the reef
with the limestone rock. They do have a 74% cost -share agreement from the state for the
construction. Should the Board feel that it is not economically feasible to be built in this fashion
then they can go back to the Army Corp of Engineers and try to modify the permit. They will be
required to build 0.2 acres more should they delay for another year.
Frank Coffey, 1200 Admirals Walk, stated that Coastal Engineer James Gray
made an excellent presentation at the Beach and Shore Committee meeting and he felt that all
County Commissioners should hear that presentation. The County taxpayers need to know exactly
what the program entails and how it will affect Sector 7.
Chairman Ginn felt it would be appropriate and asked staff to schedule the
presentation for their next meeting.
ON MOTION by Commissioner Lowther,
SECONDED by Commissioner Adams, the Board
unanimously awarded the contract to the low bidder
for the base bid, Wilkinson & Jenkins Construction
Company, and authorized the Chairman to execute the
Agreement on behalf of the County, after receipt of
required bonds and appropriate certification of
insurance, and approval by the County Attorney as to
form and legal sufficiency. The County's consultant,
Applied Technology and Management, and the Florida
Department of Environmental Protection, Bureau of
January 20, 2004 20
Beaches and Wetland Resources concur with this
recommendation. Funding for the County portion of
project expense is from the Beach Preservation Fund
128-144-572, as recommended by staff in the
memorandum dated January 12, 2004.
CONTRACT AND REEF DESIGN FOR SECTORS i & 2 ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.11. LICENSE AGREEMENT - CINGULAR WIRELESS
(BELLSOUTH) PLACING EOUIPMENT AND OCCUPYING
SPACE - 58TH AVENUE ELEVATED WATER TANK
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved an annual fee of $20,000 with a 4% escalator
and no upfront charges, and directed staff to return to
the negotiation tables with Cingular Wireless
(Bellsouth) to present the Boards determination, and if
applicable, return with an equitable agreement, as
recommended in the memorandum dated January 12,
2004.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
January 20, 2004 21
11.J.2 DEVELOPER'S AGREEMENT - THE RESERVE AT GRAND
HARBOR - CONSTRUCTION OF OFF-SITE MASTER
PLANNED SANITARY SEWER FORCE MAIN AND A
REGIONAL SEWER SYSTEM - LEGEND PROPERTIES, INC.
MOTION WAS MADE by Commissioner Adams,
SECONDED by Commissioner Lowther, to approved
staff's recommendation.
Commissioner Neuberger questioned if the location of the main entrance had been changed
and Ron Andrews, 6414 55th Square, Vice President of Grand Harbor Development clarified that
what they see now as the entrance is a temporary modification and he did not believe they intend to
make a change from the plans and the entrance will be completed as permitted.
Chairman CALLED THE QUESITON, and the
motion carried unanimously. (The Board unanimously
approved the Developer's Agreement as presented;
authorized the Department of Utility Services to
recover capacity charges, cost of special gravity sewer,
and line extension fees from future developments, and
authorized the Chairman to execute the same, as
recommended in the memorandum dated January 9,
2004, with the corrected backup page 163.
January 20, 2004 22
DEVELOPER'S AGREEMENT IS ON FILE N
THE OFFICE OF THE CLERK TO THE BOARD
11.J.3. RESOLUTION 2004-013 - WHIPPOORWILL ESTATES
SUBDIVISION PETITION WATER SERVICE - RESOLUTION
IV - FINAL ASSESSMENT (AS BUILT) - PROJECT UCP -2178
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Macht, the Board unanimously
adopted Resolution 2004-013 certifying "as -built"
costs for installation of water service to Whippoorwill
Estates Subdivision (6211d Court South of 45th Street
and such other construction necessitated by such
project; providing for formal completion date, and date
for payment without penalty and interest.
13. A. CHAIRMAN CAROLINE D. GINN - COMMENTS ON FIRE AT
SOUTHWINDS
Chairman Ginn commended the firefighters for the heroic job they did at the
Southwinds fire. They contained it to one building and had difficulty getting a ladder to it, but they
managed to do it.
Emergency Services Director John King said he has a fine staff and was very proud
to work with them. He thanked Chairman Ginn for making those comments.
January 20, 2004 23
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER - REOUEST
FOR JOINT MEETING WITH INDIAN RIVER HOSPITAL
DISTRICT BOARD OF TRUSTEES TO DISCUSS PROPOSED
NEW LEASE AND TELEVISE TAPED MEETINGS OF THE
BOARD OF DIRECTORS OF INDIAN RIVER HOSPITAL, INC.
ON GOVERNMENT CHANNEL.
Vice Chairman Neuberger said it had been decided for the Commissioners to attend
the workshop in lieu of a joint meeting and he did. He found it very illuminating and felt they were
doing a wonderful job. He said he still would like to see a joint meeting with the Indian River
Hospital District Board of Trustees regarding their proposed new lease and he wanted to discuss
televising the Board of Directors of the Indian River Hospital, Inc. taped meetings. He was told
that there are tapes available and spare time is available on the air.
ON MOTION by Vice Chairman Neuberger,
SECONDED by Commissioner Adams, the Board
unanimously authorized the Chairman to contact the
City of Vero Beach and the Hospital District Board of
Trustees proposing that the January 8, 2004 workshop
and taped meetings of the Board of Directors of the
Indian River Hospital, Inc. be aired on the Government
Channel.
January 20, 2004 24
13.C. COMMISSIONER FRAN B. ADAMS - FROG LEG FESTIVAL
CLERK'S NOTE: THIS ITEM WAS HEARD FOLLOWING ITEM 13.F., BUT
IS PLACED HERE FOR CONTINUITY.
Commissioner Adams announced that the Frog Leg Festival served over 7,000
dinners and approximately 80,000 people attended it. There was rain on Sunday, but overall they
had beautiful weather, and it was a very successful event.
No action required or taken.
13.E. COMMISSIONER KENNETH R. MACHT - REPORT ON THE
LISTENING SESSION SPONSORED BY INDIAN RIVER
COMMUNITY COLLEGE EXTENSION SERVICES
Commissioner Macht attended the listening session that the Community College
Extension Service organized. It dealt with development in our County and the emphasis was on
agriculture and how development affects agriculture adversely as well as in other respects. The
Extension Service is going to codify the information and distribute it. The important thing is they
intend to expand that listening session County wide and have several sessions that public would
have access to. Impact fees were heavily discussed and it may be the topic for one of those
sessions. He said it was very informative and alerted everyone to be looking for the schedule of
workshops.
No action required or taken.
13.F COMMITTEE APPOINTMENTS AND RE -APPOINTMENTS
2004
January 20, 2004 25
ON MOTION by Commissioner Adams, SECONDED
by Commissioner Lowther, the Board unanimously
approved appointments and reappointments to
Committees for 2004 and work on filling vacancies.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
None.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 10:44 a.m.
January 20, 2004 26
ATTEST:
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved:
BCC/MIS/3004Minutes
January 20, 2004 27