HomeMy WebLinkAbout01/24/2006INDEX TO THE MINUTES OF THE REGULAR MEETING
OF THE BOARD OF COUNTY COMMISSIONERS
ON JANUARY 24, 2006
1. CALL TO ORDER..........................................................................1
2. INVOCATION.................................................................................1
3. PLEDGE OF ALLEGIANCE........................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS.............................................................................................. 2
5.A. PROCLAMATIONS AND PRESENTATIONS - VETERANS
SERVICE COUNCIL - LARRY WAPNICK - INTERFAITH
BREAKFAST AND MEMORIAL SERVICE ............................. 2
6. APPROVAL OF MINUTES - JANUARY 3, 2006 ..................... 3
7. CONSENT AGENDA..................................................................... 3
7.A. APPROVAL OF WARRANTS -JANUARY 6-12,2006 ........................................... 3
7.B. 2006 RE-ELECTION OF DONNA KEYS AS CHAIRMANAND ELECTION OF BOB
BRUCE AS VICE CHAIRMAN OF THE PLANNING AND ZONING COMMISSION
(P&Z) 3
January 24, 2006 1
7.0 REAPPOINTMENT OF MRS. ANNREUTER AS THE SCHOOL BOARD
REPRESENTATIVE -DR. CRAIG MCGARVEY,ALTERNATE-PLANNING AND
ZONING COMMISSION(P&Z) ........................................................................... 4
7.D. 2006 ELECTION OF DONNA GREENAS CHAIRMAN, AND ARDRA RIGBYAS VICE
CHAIRMAN OF THE PUBLIC LIBRARYAD i'ISORYBOARD (PLAB) ................... 4
7.E. 2006RE-ELECTIONOFBILL GLYNNAS CHAIRMANAND TOM WHITEAS VICE
CHAIRMAN OF THE BEACHAND SHORE PRESERVATIONAD i7SORY COMMITTEE4
7.F. 2006 ELECTION OF WILLIAMPENNEYAS CHAIRMANAND PETER ROBINSONAS
VICE CHAIRMAN OF THE ECONOMIC DE VELOPMENT COUNCIL (EDC) .........4
7.G. REAPPOINTMENTOFDOUGBOURNIQUE, (REPLACINGKARENSMITH)ASTHE
INDIANRIVER CITRUSLEAGUEREPRESENTATIVE TO THEECONOMIC
DEVELOPMENT COUNCIL
0
7.K REAPPOINTMENTOFKATHRYNA. WILSONTOTHEECONOMICDEVELOPMENT
COUNCIL (EDC) BY THE SCHOOL DISTRICTOFINDIANRIVER COUNTY........ 5
7.I. REAPPOINTMENT OFDR. CRAIG MCGARVEY TO THE METROPOLITAN
PLANNING ORGANIZATION (MPO) -MRS. ANN REUTER, ALTERNATE BY THE
SCHOOL DISTRICT OF INDIAN RIVER COUNTY ................................................ 5
7..1 2006 RE-ELECTION OFKEN GRUDENS, CHAIRMANAND JOSEPH CARROLL,
VICE CHAIRMAN OF THE IRC CONSERVATIONLANDS ADVISOR Y COMMITTEES
7.K REAPPOINTMENT OF JUDY ORCUTT TO THE LAND ACQUISITIONADVISORY
COMMITTEE (LAA C) BY SIERRA CLUB........................................................... 5
7.L. NEW COUNTYADMINISTRATIONBUILDINGS-THREE VALUE ENGINEERING
CHANGE ORDERS COR -017, 018 AND 019
5
7.M. AGREEMENT WITHHOLMANSTADIUMFOR USEONAPRIL 1, 2006- THEKENNY
ROGERSCONCERT............................................................................................ 6
7.N. WORLD CHANGERS MINISTRIES JOINT VENTURE WITH COUNTYHEAL TH
DEPARTMENT- DONATION TO USE IRC PARKS DEPARTMENT BLEACHERS AND
STAGE- WEST WABASSO CIVIC LEAGUE GOSPEL FEST 2006 - JANUARY28,
2006 6
7.0. KANAWHA ACRES WATER ASSESSMENT PROJECT A WARD CONTRACT FOR
SURVEY SER i7CES - WORK ORDER NO.8 - MASTELLER, MOLER & REED..... 7
7.P. RESOLUTION2006-006-MISCELLANEOUSBUDGETAMENDMENT006......... 7
January 24, 2006 2
7. Q. CHILDREN'S ADVISORY COMMITTEE'S ANNUAL REPORT- GRANT REVIEW
SUB -COMMITTEE'S YEAR-END MONITORING REPORT 2004-05 ..................... 8
7.R. IRCINTERGoTIERNMENTAL GIS PARCEL MAPENHANCEMENTINITIATIVE-
DEPARTMENT OF REVENUE GIS DIGITAL MAP CONVERSION PROGRAM GRANT
APPLIcATIONAPPRonAL DOR GRANT#73.023.............................................. 8
7.S. PIPPIN TRACTOR - WAif'ER OF FORMAL BIDDING AND ACCEPTANCE OF
WRITTEN QUOTES TO OBTAINARTICULATING TRACTOR FOR THE PARKS
DIVISION.......................................................................................................... 8
7.T ORCA OSLO RIVER FRONT CONSERTVATIONLANDS - WORK ORDER NO.4. -
CARTER ASSOCIATES, INc. -BOUNDARYSTAKINGFOR VEGETATION
ERADICATION AND FENCE PLACEMENTS
9
7.U. OUT -OF -COUNTY TRA i'EL - COMMISSIONERS TO ATTEND THE INDIAN RIVER
CITRUSLEAGUEANNUAL BANQUET, FT. PIERCE.........................................10
7. V. OUT-OF-COUNTYTRAVEL - COMMISSIONERSAND STAFF TOATTEND LECTURE
BYJOHN CLASSE ON JANUARY26, 2006 - JUPITER - "NEW LIFE FOR OLD
PLACES".........................................................................................................10
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES— NONE....................................................................10
9.A.1. PUBLIC HEARING — ORDINANCE 2006-002 - KEVIN BAILEY'S
REQUEST TO REZONE ±.55 ACRES NORTH OF 83" STREET
AND APPROXIMATELY 110 FEET WEST OF US HIGHWAY 1,
FROMOCR TO CL.....................................................................11
9.A.2. PUBLIC HEARING — ORDINANCE 2006-003 — BRYONE
BEATTY'S REQUEST TO REZONE ±17.53 ACRES LOCATED
AT THE NORTHWEST CORNER OF THE INTERSECTION OF
16TH STREET AND 66TH AVENUE, FROM A-1 TO RM -6 (BYRON
BEATTY).......................................................................................12
January 24, 2006
9.B.1. PUBLIC DISCUSSION ITEM — GEORGE SIGLER —WIDENING
ROADS 27TH AND 43RD AVENUES.......................................13
9.B.2. PUBLIC DISCUSSION ITEM — DIAN S. GEORGE —"WHERE DO
WE GO FROM HERE"...............................................................13
9.B.3 PUBLIC DISCUSSION ITEM — ADRIENNE CUFFE
—CONCURRENCY.......................................................................14
9.B.4. PUBLIC DISCUSSION ITEM — BRIAN HEADY —
EXPENDITURE OF TAX DOLLARS.......................................14
9.B.5. PUBLIC DISCUSSION ITEM — JOE PALADIN — 27TH AND 43"
AVENUES......................................................................................15
9.C.1. PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING
ON FEBRUARY 7, 2006...............................................................19
9. C 1. WINDSOR PROPERTIES REQUEST FOR SPECIAL EXCEPTION USE PLANNED
DEVELOPMENTAPPROVAL FOR ANADDITION TO THE EXISTING WINDSOR
DEVELOPMENT (LEGISLATIVE) ......................................................................19
10. COUNTY ADMINISTRATOR'S MATTES - NONE..............19
11.A. DEPARTMENTAL MATTERS - COMMUNITY
DEVELOPMENT — NONE..........................................................19
11.B. DEPARTMENTAL MATTERS — EMERGENCY SERVICES -
NONE..............................................................................................19
January 24, 2006 4
11.C. DEPARTMENTAL MATTERS – GENERAL SERVICES - NONE
..........................................................................................................19
11.D.1. HUMAN RESOURCES – TEAMSTERS COLLECTIVE
BARGAINING AGREEMENT (LABOR AND TRADES) [LOCAL
UNIONNO. 769] ........................................................................... 20
11.E. DEPARTMENTAL MATTERS – HUMAN SERVICES – NONE 20
11.F. DEPARTMENTAL MATTERS – LEISURE SERVICES – NONE
.......................................................................................................... 20
11.G. DEPARTMENTAL MATTERS – OFFICE OF MANAGEMENT
AND BUDGET – NONE............................................................... 20
11.H. DEPARTMENTAL MATTERS – RECREATION – NONE.. 20
11.I.1. PUBLIC WORKS – ROAD CAPACITY UPDATE – DECEMBER
2005.................................................................................................. 20
11.L2. PUBLIC WORKS — TURTLE CREEK PLANNED
DEVELOPMENT, PHASE 1 - DEVELOPER'S AGREEMENT -
LOCKWOOD LANE DEVELOPMENT GROUP, LLC ........ 21
11.L3. PUBLIC WORKS – RESOLUTIONS 2006-007/008 - PAVING AND
DRAINAGE IMPROVEMENTS TO 32ND AVENUE SW FROM
15TH STREET SW TO 13TH PLACE SW, INCLUDING THE
INTERSECTING STREETS IN GROVENOR ESTATES
SUBDIVISION (RESOLUTIONS I & II) .................................. 23
January 24, 2006 5
11.L4. PUBLIC WORKS —12TH STREET SIDEWALK PROJECT
TOPOGRAPHIC SURVEY - MORGAN & EKLUND, INC -
WORK ORDER NO. 2................................................................. 24
11.L5. PUBLIC WORKS - OSLO TRANSFER STATION LANDS AND
ADJOINING COUNTY UTILITIES SITE PROFESSIONAL
SURVEY SERVICES — CARTER ASSOCIATES, INC. WORK
ORDERNO.S................................................................................ 25
11.L6. PUBLIC WORKS — BRIDGE REPLACEMENTS AND
WIDENING OF 66TH AVENUE FROM SOUTH OF SR60 TO 59TH
STREET — CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT — AMENDMENT NO. 1— ARCADIS G & M INC.
.......................................................................................................... 26
11.L7. PUBLIC WORKS —NEW PARKS MAINTENANCE COMPLEX
(535077 TH STREET) — RFQ NUMBER 7062 — EDLUND,
DRITENBAS, BINKLEY ARCHITECTS & ASSOCIATES, P.A. —
PROFESSIONAL ARCHITECTURAL AND ENGINEERING
SERVICES AGREEMENT......................................................... 26
11.L8. PUBLIC WORKS — LICENSE AGREEMENT WITH FLORIDA
EAST COAST RAILWAY L.L.C. (FECRR) FOR 16TH STREET
RAILROAD CROSSING WIDENING BY FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) ............... 27
11.J.1. UTILITIES SERVICES — RESOLUTION 2006-009/110 -
LAKEWOOD TERRACE SUBDIVISION WATER SERVICE —
WEST SIDE OF 27TH AVENUE, NORTH OF ST LUCIE CO. LINE
January 24, 2006 6
— IRC PROJECT NO. UCP -2317 — PRELIMINARY ASSESSMENT
RESOLUTIONS I AND II ........................................................... 27
11.J.2. AMENDMENT NO. 1 TO WORK ORDER NO. 1 WITH
SCHULKE, BITTLE & STODDARD, LLC (SBS), FOR
CONSTRUCTION OF A MASTER PLANNED FORCE MAIN
FROM SR -60 TO THE WEST REGIONAL WASTEWATER - UCP
2598 TREATMENT FACILITY - CONSTRUCTION OF A
MASTER PLANNED FORCE MAIN ........................................ 28
12. COUNTY ATTORNEY - NONE ................................................ 29
13. COMMISSIONER ITEMS - NONE ........................................... 29
14. SPECIAL DISTRICTS AND BOARDS - NONE ...................... 29
January 24, 2006 7
January 24, 2006
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 24, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice
Chairman Gary C. Wheeler, and Commissioners Sandra L. Bowden, Wesley Davis and Thomas S.
Lowther. Also present were County Administrator Joseph Baird, County Attorney William G.
Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria I. Suesz.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order 9:00 a.m.
2. INVOCATION
Reverend Tom Harris, First Presbyterian Church delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Arthur R. Neuberger led the Pledge of Allegiance to the Flag.
January 24, 2006 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Neuberger requested the following changes to today's Agenda:
1. Add Item 5.A. — Larry Wapnick, Veterans Service Council — interfaith
breakfast and memorial service
2. Add Item 7.U. — Out of County Travel — Indian River Citrus League Annual
Banquet (Commissioner Bronson will be attending)
3. Add Item 7.V. — Out of County Travel — Lecture by John Classe on January 26,
2006 (Urban Town Topic)
4. Correction to Item 11.I.3, rate of interest to 7%, page 243; Tax ID numbers,
pages 250, 251
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously made the
above changes to the Agenda.
5.A. PROCLAMATIONS AND PRESENTATIONS - VETERANS
SERVICE COUNCIL - LARRY WAPNICK - INTERFAITH
BREAKFAST AND MEMORIAL SERVICE
Mr. Larry Wapnick, President of the Veterans Services Council, told the story of
the USS Dorchester and the Commemorative Anniversary of the saga of the four Chaplains who
demonstrated for the first time in history an act of interfaith when they joined hands and went
down with the ship. He introduced Veteran Ray Scent who invited everyone to attend the
interfaith breakfast Saturday, February 4th at the Citrus Bowl, 9:00 a.m. and the memorial services
at Trinity Episcopal Church, Sunday February 5th, at 2:00 p.m.
January 24, 2006 2
6. APPROVAL OF MINUTES - JANUARY 3, 2006
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of January 3, 2006. There were none.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of January 3, 2006, as
written and distributed.
7. CONSENT AGENDA
Item 7.P. and Item 7.S. were pulled for further discussion.
7.A. APPROVAL OF WARRANTS — .JANUARY 6-12.2006
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for
January 6-12, 2006, as requested.
7.B. 2006 RE-ELECTION OF DONNA KEYS AS CHAIRMANAND ELECTION
OF BOB BR UCE AS VICE CHAIRMAN OF THE PLANNING AND ZONING
COMMISSION (P&Z)
The Board acknowledged the Elections for the record.
January 24, 2006 3
7.C. REAPPOINTMENT OF MRS. ANNREUTER AS THE SCHOOL BOARD
REPRESENTATIVE — DR. CRAIG MCGARVEY. ALTERNATE -
PLANNING AND ZONING COMMISSION (P&Z)
The Board acknowledged the reappointment for the record.
7.D. 2006 ELECTION OF DONNA GREENAS CHAIRMAN, AND ARDRA
RIGBYAS VICE CHAIRMAN OF THE PUBLICLIBRARYADVISOR Y
BOARD (PLAB)
The Board acknowledged the elections for the record.
7.E. 2006 RE-ELECTION OF BILL GLYNNAS CHAIRMANAND TOM WHITE
AS VICE CHAIRMAN OF THE BEACH AND SHORE PRESERVATION
ADVISORY COMMITTEE
The Board acknowledged the re -elections for the record.
7.F. 2006 ELECTION OF WILLIAM PENNEYAS CHAIRMANAND PETER
ROBINSONAS VICE CHAIRMAN OF THE ECONOMIC DEVELOPMENT
COUNCIL (EDC)
The Board acknowledged the elections for the record.
7.G. REAPPOINTMENT OF DOUG BOURNIQUE. (REPLACING KAREN
SMITH) AS THE INDIAN RIVER CITRUS LEAGUE REPRESENTATIVE
TO THE ECONOMIC DEVELOPMENT COUNCIL
The Board acknowledged the reappointment for the record.
January 24, 2006 4
7.H. REAPPOINTMENT OF KATHRYNA. WILSON TO THE ECONOMIC
DEVELOPMENT COUNCIL (EDC) BY THE SCHOOL DISTRICT OF
INDIANRIVER COUNTY
The Board acknowledged the reappointment for the record.
U. REAPPOINTMENT OF DR. CRAIG MCGARVEY TO THE
METROPOLITAN PLANNING ORGANIZATION (MPO) — MRS. ANN
REUTER, ALTERNATE BY THE SCHOOL DISTRICT OF INDIANRIVER
COUNTY
The Board acknowledged the reappointment for the record.
7..1 2006 RE-ELECTION OF KEN GRUDENS. CHAIRMANAND .JOSEPH
CARROLL, VICE CHAIRMAN OF THE IRC CONSERVATIONLANDS
ADVISORY COMMITTEE
The Board acknowledged the re -elections for the record.
7.K. REAPPOINTMENT OF JUDY ORCUTT TO THE LAND ACQUISITION
ADVISORY COMMITTEE (LAAO) BY SIERRA CL UB
The Board acknowledged the reappointment for the record.
7.L. NEW COUNTYADMINISTRATIONBUILDINGS- THREE VALUE
ENGINEERING CHANGE ORDERS COR -017,018 AND 019
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously accepted the
January 24, 2006
proposed value engineering; authorizing the County
Administrator to execute Change Order COR -017;
allowing the use of architectural detail, which utilized
stucco on metal lath instead of corrugated metal deck on the
vertical surface of the mansard roof, COR -018; deletion in
the casework (custom shelving) in storage room; and
COR -019, deletion of proposed muntins on the interior
glazing, all as recommended in the memorandum of
January 16, 2006.
7.M. AGREEMENT WITHHOLMANSTADIUM FOR USE ONAPRIL 1. 2006 -
THE KENNYROGERS CONCERT
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized
the County Administrator to execute the agreement with
Boys & Girls Club of Indian River County for the
fundraising concert at Holman Stadium on April 1, 2006, as
recommended in the memorandum of January 16, 2006.
7.N. WORLD CHANGERS MINISTRIES .JOINT VENTURE WITH COUNTY
HEALTH DEPARTMENT — DONATION TO USE IRC PARKS
DEPARTMENT BLEACHERS AND STAGE - WEST WABASSO CIVIC
LEAGUE GOSPEL FEST 2006 — .JANUARY28, 2006
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
January 24, 2006 6
donation of the use of IRC Parks Department bleachers and
stage for the benefit of the World Changers Ministries, as
recommended in the memorandum of January 18, 2006.
7.0. KANAWHA ACRES WATER ASSESSMENT PROJECT A WARD
CONTRACT FOR SURVEY SERVICES — WORK ORDER NO. 8 -
MASTELLER, MOLER & REED
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Work Order No. 8 from Masteller, Moler and Reed, and
authorized the Chairman to execute same, as recommended
in the memorandum of January 16, 2006.
WORK ORDER IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.P. RESOLUTION 2006-006 — MISCELLANEOUS BUDGET AMENDMENT
rlIlll
Commissioner Wheeler posed several questions to staff regarding the taxes and the
lease of the County -owned house on 28th Street and the taxes.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution 2006-006, amending the fiscal year 2005-2006
Budget.
January 24, 2006 7
7.0. CHILDREN'S ADVISORY COMMITTEE'S ANNUAL REPORT — GRANT
REVIEW SUB -COMMITTEE'S YEAR-END MONITORING REPORT
P111111MI
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously accepted the
reports as approved by the Children's Services Advisory
Committee, as recommended in the memorandum of
January 18, 2006.
7.R. IRC INTERGOVERNMENTAL GIS PARCEL MAP ENHANCEMENT
INITIATIVE - DEPARTMENT OF REVENUE GIS DIGITAL MAP
CONVERSION PROGRAM GRANT APPLICATIONAPPROVAL DOR
GRANT #73.023
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously authorized
the grant application with matching funds of up to $75,000
per year for two years, as recommended in the
memorandum of January 16, 2006.
7.S. PIPPIN TRACTOR - WAIVER OF FORMAL BIDDING AND ACCEPTANCE
OF WRITTEN OUOTES TO OBTAINARTICULATING TRACTOR FOR THE
PARKS DIVISION
January 24, 2006 8
Commissioner Wheeler did not want to approve the waiver. He wanted to be fair to
other bidders, and he felt staff should have planned better so they would be able to complete the
bidding process.
Park.
Discussion ensued regarding the cost to build the ball fields in the North County
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, by a 3-2 vote, Commissioners
Bowden and Wheeler opposed, the Board approved to
waive the standard sealed bid procedure and authorized the
purchase of an articulating tractor from Pippin Tractor for
$42,793.75, as the lowest price quoted of five written
quotes obtained, as recommended in the memorandum of
January 18, 2006.
7.T ORCA OSLO RIVER FRONT CONSERVATIONLANDS - WORK ORDER
NO. 4. - CARTER ASSOCIATES. INC — BOUNDARYSTAKING FOR
VEGETA TIONERADICATION AND FENCE PLA CEMENTS
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No. 4 authorizing the above mentioned project
as outlined in the scope of services, and authorized the
Chairperson to execute the Work Order, as recommended
in the memorandum of January 16, 2006.
January 24, 2006 9
WORK ORDER NO. 4 IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7.U. OUT -OF -COUNTY TRAVEL — COMMISSIONERS TO ATTEND THE
INDIANRIVER CITRUS LEAGUE ANNUAL BANQUET, FT. PIERCE
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved out
of County travel to attend the Indian River Citrus League
Annual Banquet, as requested in the memorandum of
January 23, 2006.
7. V OUT -OF -COUNTY TRAVEL — COMMISSIONERS AND STAFF TO
ATTEND LECTURE BY JOHN CLASSE ON JANUARY 26, 2006 —
JUPITER — "NEW LIFE FOR OLD PLACES"
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved out
of County Travel to attend the Lecture by John Classe on
January 26, 2006, as recommended in the memorandum of
January 23, 2006.
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES — NONE
January 24, 2006 10
9.A.1. PUBLIC HEARING — ORDINANCE 2006-002 - KEVIN
BAILEY'S REOUEST TO REZONE f.55 ACRES NORTH OF
83" STREET AND APPROXIMATELY 110 FEET WEST OF
US HIGHWAY 1, FROM OCR TO CL
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating, through a PowerPoint
presentation, showed the location of the property to be rezoned. The purpose for the rezoning is to
get all the property under the same zoning district. He reviewed the existing land uses,
concurrency, and consistency with the Comprehensive Plan, environmental impacts, and
compatibility of the subject site. Staff and Planning and Zoning Commission, by a 6-0 vote,
recommended that the Board approve the rezoning from OCR, Office Commercial, Residential, to
CL, Limited Commercial.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Ordinance 2006-002 amending the zoning ordinance and
the accompanying zoning map for .55 acres more or less,
located north of 83rd Street and approximately 110 feet west
of US Highway 1, from OCR, Office Commercial,
Residential District to CL, Limited Commercial District;
and providing codification, severability, and effective date.
January 24, 2006 11
9.A.2. PUBLIC HEARING — ORDINANCE 2006-003 — BRYONE
BEATTY'S REOUEST TO REZONE ±17.53 ACRES LOCATED
AT THE NORTHWEST CORNER OF THE INTERSECTION
OF 16TH STREET AND 66TH AVENUE, FROM A-1 TO RM -6
(BYRON BEATTY)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating, through a PowerPoint
presentation, showed the location of the property to be rezoned; reviewed the existing land uses,
the criteria analyzed, and concurrency. He pointed out the land use designation is M-1, and the
applicant is asking for less than the land use designation. He reviewed the environmental impacts,
and compatibility. Staff and the Planning and Zoning Commission, by a 4-1 vote, recommended
that the Board approve the rezoning from A-1 to RM -6.
There were comments made by Commissioner Wheeler and Attorney Collins
regarding the rezoning.
The Chairman opened the public hearing.
Attorney Bruce Barkett, representing Byron Beatty, commented on the trips and
links showed in the traffic study completed by his client.
Peter Robinson, a resident west of the subject project, thought the Board should
look after the younger people in the community by rezoning this property to RM -8 instead of
RM -6. The Chairman replied that the applicant did not apply for RM -8.
There were no additional speakers and the Chairman closed the public hearing.
January 24, 2006 12
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously adopted
Ordinance 2006-003, amending the zoning ordinance and
the accompanying zoning map for more or less ±17.53
acres, located at the northwest quadrant of the 16th Street
and 66th Avenue intersection, from A-1, Agricultural
District (up to 1 units/5 acres), to RM -6, multiple -family
residential district (up to 6 units/acre); and providing
codification, severability, and effective date.
9.B.1. PUBLIC DISCUSSION ITEM — GEORGE SIGLER
—WIDENING ROADS 27TH AND 43RD AVENUES
George Sigler, 155 31St Street SW, cannot build on his property because of no
concurrency. He told the Board they are mistaken to believe downgrading the level of service on
roads is a way to control growth, when in reality they are downgrading the quality of life.
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM — DIAN S. GEORGE —"WHERE
DO WE GO FROM HERE"
Dian George, 1516 27th Avenue, brought to everyone's attention that Mr. Sigler
passed out a flyer (copy on file) to the homeowners on 43rd Avenue and 27th Avenue telling them
they are "stupid" if they do not attend this meeting to voice their opinion regarding the widening of
43rd and 27th Avenue. She disagreed with Commissioner Davis's statement that the State would
mandate the County to widen the roads if they do not take action themselves. A DCA
representative told her that the State would not do that.
January 24, 2006 13
NO ACTION REQUIRED OR TAKEN.
9.B.3 PUBLIC DISCUSSION ITEM — ADRIENNE CUFFE
—CONCURRENCY
Adrienne Cuffe, 695 43rd Avenue, quoted statements made by both the public and
staff at the January 17, 2006 BCC meeting, expressing her concerns. It was clear to her that staff
violated the County Code by not following procedures, and she wondered how the Board could
allow themselves to be left wide open to lawsuits. She felt serious damage has been done to the
County and wanted to know what would be the Board's next step. She continued, questioning why
they are not using the new growth management law that was passed July 1, 2005. Ms. Cuffe felt,
due to staff's actions, the County has been put in an accelerated growth program. She stressed that
Mr. Shelley, President of Shelby Homes, was not at fault and neither should the residents be
blamed for this situation. She was going to write letters to every newspaper and anyone who will
listen to her to do something about the situation.
The Chairman acknowledged a Channel 10 TV cameraman who was present
gathering news clips and filming the discussion.
NO ACTION TAKEN OR REQUIRED.
9.B.4. PUBLIC DISCUSSION ITEM — BRIAN HEADY —
EXPENDITURE OF TAX DOLLARS
Mr. Heady was not present.
The Chairman called for a recess at 10:19 a.m. and he reconvened the meeting at
10:29 a.m., with all members present.
January 24, 2006 14
9.B.5. PUBLIC DISCUSSION ITEM - JOE PALADIN - 27TH AND 43p'
AVENUES
Joseph Paladin, President of the private sector group Growth Awareness
Committee and Atlantic Construction Development, handed out a sketch of 43rd Avenue, along
with two letters; one prepared by County Administrator Joseph Baird and the other by County
Traffic Engineer Chris Mora. They contained facts that would be effective in providing capacity
on 27th and 43rd Avenues (copies on file), and increasing the property values instead of decreasing
values. He listed the measures necessary to make 43rd Avenue into 4 -lanes.
Commissioner Bowden expressed concern regarding the speed limit and the lanes
being 11 feet wide instead of 12 feet to allow for large trucks.
Steve Moler, Masteller, Moler and Reed, Inc., spoke in favor of the original plans to
add two lanes for 43rd Avenue, which will cost more but provide seventeen times more capacity
than the revised plan.
The Chairman opened the floor to the public to speak regarding this issue.
The following names are speakers who supported adding two lanes to 27th and 43rd
Avenues, owned property on or near those avenues, but cannot buy concurrency.
Council
William Penney, 635 43rd Avenue, Chairman of the IRC Economic Development
William McCain, 1175 19th Court, McCain & Associates, Inc. has a client who
cannot get concurrency on 27th Avenue.
Leigh Luptan, Chief Executive Office of the Treasure Coast Community Health
Jerry Swanson, 1048 East Polo Grounds, Vero Beach
Chip Landers, 1636 51St Court, Vero Beach
The following names are additional speakers who support the widening:
January 24, 2006 15
Josh Frank, a homeowner in the area
Penny Chandler, Director of the Indian River County Chamber of Commerce
Michael Thorpe, 4303 Sunset Drive, Vero Beach
Nancy Offutt, Treasure Coast Builders Association
Blair Engle, 1507 25th Avenue, Vero Beach
Andy Bindorff, 4865 13th Place, Vero Beach
Dr. Hal Brown, 561 Sundance Trail, Physician
David Fischer, 570 10th Street SW, Vero Beach
Mark Seibert, 151 20th Avenue, Vero Beach
Doug Cuffe, 694 43rd Avenue, Vero Beach
Lee Terry, Concerned Citizens of Indian River County
Gregory Eves, 5621 Sun Point Drive, Vero Beach
Joseph Shulke, Shulke, Bittle and Stoddard, Inc.
Marty Sanderson, Vero Beach
Al Enslen, 3825 Nags Head Place, did not support the widening of the roads and he
hoped more people who opposed this issue would attend the public hearing.
Dian George questioned if it was necessary to raise the speed limit from 30 mph to
35 mph on 43rd Avenue.
Adrienne Cuffe questioned what procedure the Chairman was following by
allowing the public to speak during a public discussion. The Chairman responded that this issue
was important and he made an exception. She continued her questioning why other road
improvements are not visible in the County. She suggested the Board get a complete and thorough
plan on street widening.
Discussion continued by staff regarding the 20 -year transportation element and
capitol projects element to the Compensation Plan.
January 24, 2006 16
Discussion ensued among the Commissioners regarding the submittal window for
Comprehensive Plan changes and the necessity to move forward.
MOTION WAS MADE by Commissioner Lowther,
SECONDED BY Commissioner Davis, to direct staff to
include in their January window for submittal to the
Department of Community Affairs (DCA), an amendment
for 27th and 43rd Avenues land use to initiate the process to
amend the Comprehensive Plan.
Commissioner Bowden felt this item should have been placed on the agenda as a
presentation instead of a public discussion. She believed proper planning is essential and wanted a
workshop held to discuss the Board's options and plans. She understood that January 31St was the
last day to submit Comprehensive Plan changes to DCA. However, she did not want to make a
quick decision just because time was running out. Commissioner Bowden visited 43rd Avenue and
she believed the boulevard idea could not be properly implemented because of the property lines.
She also expressed concern with having 11 -foot wide lanes.
Those who spoke in favor of the motion were:
Donald Collier -Proctor Sr., 218 Rudger Road, Vero Beach
Mark Brackett, 1915 34th Avenue, Vero Beach
Chris Beaver, 645 38th Court, Vero Beach
Daniel Farnell, Vero Beach, Vero Beach
Richard Vialoski, 940 Oyster Shell Lane, Vero Beach
Jeff Thompson, 2307 Seville Avenue, Vero Beach
January 24, 2006 17
Margaret Durwin, 585 43rd Avenue, spoke in opposition to the motion, yet
supported Commissioner Bowden's comments. She wanted the Board to take time to review it
properly.
Bob Johnson, Coral Wind subdivision, spoke of the two avenues being treated as
twin pairs. If the traffic were limited to one direction on each road, then each road could be kept to
a two or three lane width with little impact on the residential nature of our neighborhoods.
minutes.
The Chairman asked the last speaker to limit he/her comments to fewer than three
Joseph Paladin pointed out that the people he spoke with from 43rd Avenue were
polite and receptive to him with this plan. The items he listed today were actually based on what
was created by Keith Pelham. He would like to see the criteria that is legally acceptable part of the
final design.
Discussion continued among the Commissioners regarding the process the Board
was following and the importance of moving forward on this issue.
The Chairman CALLED THE QUESTION and asked the
Executive Aide to poll the Board:
Commissioner Bowden
Nay
Commissioner Lowther
Aye
Chairman Neuberger
Aye
Commissioner Davis
Aye
Commissioner Wheeler
Nay
The MOTION PASSED 3-2. (The Board approved to
direct staff to submit to the Department of Community
January 24, 2006 18
Affairs an amendment to the Comprehensive Plan to have a
boulevard effect on 27th and 43rd Avenues.
The Chairman called for a brief recess at 12:28 p.m. and he reconvened the meeting
at 12:37 p.m., with all members present.
9.C.1. PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC
HEARING ON FEBRUARY 7, 2006
9. C. I. WINDSOR PROPERTIES REQUEST FOR SPECIAL EXCEPTION USE
PLANNED DEVELOPMENT APPROVAL FOR ANADDITION TO THE
EXISTING WINDSOR DEVELOPMENT (LEGISLATIVE)
The Chairman read the notices into the record.
10. COUNTY ADMINISTRATOR'S MATTES - NONE
11.A. DEPARTMENTAL MATTERS - COMMUNITY
DEVELOPMENT — NONE
11.B. DEPARTMENTAL MATTERS — EMERGENCY SERVICES -
NONE
11.C. DEPARTMENTAL MATTERS — GENERAL SERVICES -
NONE
January 24, 2006 19
11.D.1. HUMAN RESOURCES — TEAMSTERS COLLECTIVE
BARGAINING AGREEMENT (LABOR AND TRADES)
JLOCAL UNION NO. 7691
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously approved
the Labor and Trades Collective Bargaining Agreement
with Teamsters Local No. 769, as recommended in the
memorandum of January 16, 2006.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
11.E. DEPARTMENTAL MATTERS — HUMAN SERVICES — NONE
11.F. DEPARTMENTAL MATTERS — LEISURE SERVICES — NONE
11.G. DEPARTMENTAL MATTERS — OFFICE OF MANAGEMENT
AND BUDGET — NONE
11.H. DEPARTMENTAL MATTERS — RECREATION — NONE
11.I.1. PUBLIC WORKS — ROAD CAPACITY UPDATE — DECEMBER
2005
January 24, 2006 20
Capital Projects Manager Terry Rauth presented a brief update on all non -local
County roadways covering existing expansion projects that have been accelerated, and those that
are under design and moving forward (see memorandum of January 18th, 2006 in the backup).
There were questions to staff regarding a chart displayed (copy on file) indicating
over 100% capacity.
NO BOARD ACTION TAKEN OR REQUIRED.
11.I.2. PUBLIC WORKS -- TURTLE CREEK PLANNED
DEVELOPMENT, PHASE 1 - DEVELOPER'S AGREEMENT -
LOCKWOOD LANE DEVELOPMENT GROUP, LLC
Public Works Director Jim Davis pointed out the Turtle Creek Developer has
requested approval to amend the developer's agreement to allow him to widen one mile of
roadway between 5th Street SW and Oslo Road, so sufficient road capacity would be available to
support his PD. Mr. Davis explained if a four (4) -lane project is approved and included in the
Capital Improvement Program, then the developer could receive traffic impact credits and County
participation. If it is found financially feasible to going through that process, then the developer
could be reimbursed. If it is not, the developer has a risk of carrying all the cost. Staff supports
this request of the Developer's Agreement for Phase 1, since the entire 27th Avenue SW corridor
between Oslo Road and 5th Street SW is commercial land use and if it is supported in the
Comprehensive Plan.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Davis, to approve Option 1
of staff s recommendation.
January 24, 2006 21
Assistant County Attorney William DeBraal stated that this has to be added to
staff's submittal in January 2006 to the Department of Community Affairs so that it qualifies for
the 20 -year Capital Improvement Plan. Otherwise, the Board could go forward and give
permission that the developer could expand the road to 4 lanes and not have it on the Capital
Improvement Plan and the County would not be responsible to pay for it.
Bob Johnson, Coral Wind, wanted to make sure the Oslo Corridor Plan was part of
this developer's agreement. Director Keating responded that the corridor plans do not affect this
project, which is a residential project and does not have frontage on Oslo Road. He added that they
are implementing the Oslo Corridor Plan on any projects that come in on Oslo Road.
Mark Brackett agreed with Mr. Johnson's comments. He stated that this
development was designed to be a model block of commercial buildings.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board approved Option 1,
amending the developer's agreement with Lockwood Lane
Development Group, LLC, which sets forth the
improvements to 27th Avenue including the addition of 27th
Street SW from 13th Street SW to 5th Street SW on the
County's 20 -year Capital Improvement Plan, amending the
Road Capital Improvement Plan, the developer will receive
partial reimbursement from the County for costs beyond his
fair share contribution, to be determined once a firm cost
estimate is prepared, as recommended in the memorandum
of January 19, 2006.)
Discussion continued by Mr. Brackett and Attorney Chester Clem requesting to
have the inclusion of some language in the developer's agreement regarding the capacity issue and
January 24, 2006 22
when the developer can vest. Mr. Brackett was fearful that someone would buy up any remaining
capacity whereby he would not be able to finish his project.
Commissioner Davis was not ready to make a decision. However, he felt there
should be a policy for the developers who build the roads, stating that they should have the
opportunity to vest.
Discussion continued and staff recommended the Board not take action on this issue.
Staff informed everyone that although Mr. Brackett is improving the links, there is no capacity
available for anyone.
NO ACTION TAKEN.
11.I.3. PUBLIC WORKS - RESOLUTIONS 2006-007/008 - PAVING
AND DRAINAGE IMPROVEMENTS TO 32ND AVENUE SW
FROM 15TH STREET SW TO 13TH PLACE SW, INCLUDING
THE INTERSECTING STREETS IN GROVENOR ESTATES
SUBDIVISION (RESOLUTIONS I & II)
Attorney Collins pointed out the public hearing is set for March 7th , and he wanted
to be sure there would be a quorum.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved
Resolution 2006-007, providing for certain paving and
drainage improvements to 3211d Avenue SW from 15th Street
SW to 13th Place SW, including the intersecting streets in
Grovenor Estates subdivision, providing the total estimated
cost, method of payment of assessments, number of annual
January 24, 2006 23
installments, and legal description of the area specifically
benefited;
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved
Resolution 2006-008, setting a time and place at which the
owners of property on 32'd Avenue SW from 15th Street
SW to 13th Place SW, including the intersecting streets in
Grovenor Estates Subdivision Unit 2A, County Project
403-127 and other interested persons may appear before the
Board of County Commissioners and be heard as to the
propriety and advisability of making paving and drainage
improvements to said property as to the cost thereof, as to
the manner of payment therefore, and as to the amount
thereof to be specifically assessed against each property
benefited thereby.
11.L4. PUBLIC WORKS —12TH STREET SIDEWALK PROJECT
TOPOGRAPHIC SURVEY - MORGAN & EKLUND, INC -
WORK ORDER NO. 2
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No. 2 in the one lump sum of $26,500.00 with
Morgan and Eklund, Inc. for topographic survey related to
design and planning applications from west of 43rd Avenue
to east of 27th Avenue plus or minus 1.2 miles, all as
January 24, 2006 24
outlined in the scope of services, and authorized the
Chairperson to execute same, as recommended in the
memorandum of January 16, 2006.
WORK ORDER 42 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.I.5. PUBLIC WORKS - OSLO TRANSFER STATION LANDS AND
ADJOINING COUNTY UTILITIES SITE PROFESSIONAL
SURVEY SERVICES — CARTER ASSOCIATES, INC. WORK
ORDER NO. 5
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously approved
Work Order No. 5 with Carter Associates, Inc. in the
amount of $34,720 for Oslo Transfer Station Lands and
adjoining County Utilities site to the south, as outlined in
the scope of services and authorized the Chairperson to
execute same, as recommended in the memorandum of
January 16, 2005.
Commissioner Davis questioned what public benefit there is in having underground
utilities on the major corridors. After some discussion, the Chairman asked that this item be
brought back under Commissioners agenda at a later meeting.
WORK ORDER NO. 5 IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
January 24, 2006 25
11.I.6. PUBLIC WORKS — BRIDGE REPLACEMENTS AND
WIDENING OF 66TH AVENUE FROM SOUTH OF SR60 TO
59TH STREET — CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT — AMENDMENT NO. 1—
ARCADIS G & M INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Lowther, the Board unanimously authorized
the Chairman to execute Amendment No. 1 of the
agreement with Arcadis, as recommended in the
memorandum of January 18, 2006.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.I.7. PUBLIC WORKS —NEW PARKS MAINTENANCE COMPLEX
(535077 TH STREET) — RFO NUMBER 7062 — EDLUND,
DRITENBAS, BINKLEY ARCHITECTS & ASSOCIATES, P.A.
— PROFESSIONAL ARCHITECTURAL AND ENGINEERING
SERVICES AGREEMENT
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously authorized
the Chairman to execute the Agreement with Edlund,
Dritenbas, Binkley Architects and Associates, P.A. in the
January 24, 2006 26
amount of $59,613.00, as written and recommended in the
memorandum of January 17, 2006.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
11.I.8. PUBLIC WORKS — LICENSE AGREEMENT WITH FLORIDA
EAST COAST RAILWAY L.L.C. (FECRR) FOR 16TH STREET
RAILROAD CROSSING WIDENING BY FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT)
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
agreement with FECRR, and authorized the Chairman's
signature, as recommended in the memorandum of January
17, 2006.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
11.11. UTILITIES SERVICES — RESOLUTION 2006-009/110 -
LAKEWOOD TERRACE SUBDIVISION WATER SERVICE —
WEST SIDE OF 27TH AVENUE, NORTH OF ST LUCIE CO.
LINE — IRC PROJECT NO. UCP -2317 — PRELIMINARY
ASSESSMENT RESOLUTIONS I AND II
January 24, 2006 27
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution 2006-009, providing for water main expansion
to Lakewood Terrace Subdivision (West side of 27th
Avenue, North of St. Lucie County Line) in Indian River
County, Florida, providing the total estimated cost, method
of payment of assessments, number of annual installments,
and description of the area to be served.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, adopted Resolution 2006-110,
setting the time and place at which the owners of properties
located in Lakewood Terrace Subdivision (West side of
27th Avenue, North of St. Lucie County Line) in Indian
River County, Florida, and other interested persons, may
appear before the Board of County Commissioners of
Indian River County and be heard as to the propriety and
advisability of constructing the water main extension, as to
the cost thereof, as to the manner of payment therefor, and
as to the amount thereof to be specially assessed against
each property benefited thereby.
11.J.2. AMENDMENT NO. 1 TO WORK ORDER NO. 1 WITH
SCHULKE, BITTLE & STODDARD, LLC (SBS), FOR
CONSTRUCTION OF A MASTER PLANNED FORCE MAIN
FROM SR -60 TO THE WEST REGIONAL WASTEWATER -
January 24, 2006 28
UCP 2598 TREATMENT FACILITY - CONSTRUCTION OF A
MASTER PLANNED FORCE MAIN
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
Amendment No. 1 to Work Order No. 1 with SBS in the
amount of $162,575.80 for an increase of $30,795.80 to
provide design, permitting and construction services for the
subject master planned force main, as recommended in the
memorandum of January 12, 2006.
WORK ORDER NO. i IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
12. COUNTY ATTORNEY - NONE
13. COMMISSIONER ITEMS - NONE
14. SPECIAL DISTRICTS AND BOARDS - 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 1:22 p.m.
January 24, 2006 29
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved:
BCC/MIS/3006Minutes
January 24, 2006 30
Arthur R. Neuberger, Chairman