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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 6, 2004
1.CALL TO ORDER ............................................................................................................1
2.A.INVOCATION ...............................................................................................................1
2.B.PLEDGE OF ALLEGIANCE .......................................................................................1
3.A.ELECTION OF CHAIRMAN ......................................................................................1
3.B.ELECTION OF VICE CHAIRMAN ............................................................................2
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS ......................2
5.PROCLAMATIONS AND PRESENTATIONS ...............................................................3
5.A. PFPPCU
RESENTATION OF LUORIDATION ROGRAM LAQUE TO OUNTY TILITIES
DCDCCD
EPARTMENT FROM THE ENTER FOR ISEASE ONTROL BY HERYL UNN OF THE
EHD ......................................................................3
NVIRONMENTAL EALTH EPARTMENT
6.A.APPROVAL OF MINUTES – OCTOBER 7, 2003 ......................................................3
6.B.APPROVAL OF MINUTES – OCTOBER 14, 2003 ....................................................4
6.C.APPROVAL OF MINUTES – OCTOBER 21, 2003 ....................................................4
7.CONSENT AGENDA ........................................................................................................4
7.A. R ......................................................................................................................4
EPORTS
7.B. W ..................................................................................................................5
ARRANTS
7.C. O--CT–BAC
UTOFOUNTY RAVEL LANKET UTHORIZATION FOR OMMISSIONERS TO
AACM ...................................................................5
TTEND SSIGNED OMMITTEE EETINGS
JANUARY 6, 2004 1
7.D. O--CT–CLN–F
UTOFOUNTY RAVEL OMMISSIONERS OWTHER AND EUBERGER LORIDA
CFFFMW–J23,
OUNTIES OUNDATION LORIDA INANCIAL ANAGEMENT ORKSHOP ANUARY
2004 ............................................................................................................................5
7.E. CPC–N-FS,I.–FP ......6
OURTHOUSE AINTING ONTRACT INETYIVE OUTH NC INAL AYMENT
7.F. SPP–FDE
HORE ROTECTION ROJECT LORIDA EPARTMENT OF NVIRONMENTAL
PBRPA98IR1–AN.5–
ROTECTION EACH ESTORATION ROJECT GREEMENT MENDMENT O
MR .........................................................................................................6
ITIGATION EEF
7.G. BBDC–FPABB
LACK EAR EVELOPMENT ORPORATION INAL LAT PPROVAL FOR LACK EAR
RS .................................................................................................6
ESERVE UBDIVISION
7.H. R2004-001–MBA#003 ........................7
ESOLUTION ISCELLANEOUS UDGET MENDMENT
7.I. CROC(FS,I./PC
APSTAR ADIO PERATING OMPANY ORMERLY HARGO NCALM OAST
C/MVI/CM)–CA
OMMUNICATIONSEDIA OMMODORE EDIA ONSENT TO SSUMPTION AND
RL ..................................................................................................7
ENEWAL OF ICENSE
7.J. R2004-002–ASR .......................................7
ESOLUTION NNUAL IGNATORIES ESOLUTION
9.A.1.PUBLIC HEARING – RESOLUTION 2004-003 CONFIRMING SPECIAL
ASSESSMENTS IN CONNECTION WITH WATER MAIN EXPANSION TO
THTH
VAN BERGEN & HENDRY’S SUBDIVISION (77 COURT AND 77
TERRACE SOUTH OF ROSELAND ROAD) .........................................................8
9.A.2.FIRST PUBLIC HEARING – ORDINANCE 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) .........................................................9
9.A.3.PUBLIC HEARING – RESOLUTION 2004-004 AUTHORIZING THE FILING
OF FY 2003-04 GRANT APPLICATION FOR 49 USC CHAPTER 53, SECTION
5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE (COUNCIL
ON AGING) (LEGISLATIVE) .............................................................................................. 10
JANUARY 6, 2004 2
9.A.4.PUBLIC HEARING – RESOLUTION 2004-005 CONFIRMING ASSESSMENT
ST
ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 41
THTH
AVENUE FROM 6 STREET TO 8 STREET IN CITRUS GARDENS
SUBDIVISION (PROJECT #9922) ......................................................................... 11
11.C.1.LIBRARY MASTER PLAN – POSSIBLE JOINT USE LIBRARY WITH
INDIAN RIVER COMMUNITY COLLEGE – REQUEST FOR PROPOSALS
.................................................................................................................................. 12
RD
11.I.1.43 AVENUE WIDENING AND DRAINAGE IMPROVEMENTS – GRACE
BAPTIST CHURCH DEVELOPER’S AGREEMENT ......................................... 14
TH
11.I.2.26 STREET RIGHT-OF-WAY ACQUISITION – WOODFIELD AT VERO
BEACH PD PROJECT – EQUITY INVESTMENTS, LLC, OWNER ................. 14
11.I.3.EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT
PLAN – PRELIMINARY ENGINEERING REPORT FOR VORTEX-TYPE
TREATMENT UNITS AND FLOATING DEBRIS BOOMS IN THE MAIN
RELIEF CANAL AND SOUTH RELIEF CANAL – WORK ORDER #4,
APPLICATION FOR PAYMENT NO. 8 AND FINAL PAY REQUEST –
CARTER ASSOCIATES, INC. ............................................................................... 15
THTH
11.I.4.39 AVENUE RIGHT-OF-WAY PURCHASE BETWEEN 69 STREET AND
ST
71 STREET - HATALA........................................................................................ 15
11.I.5.RESOLUTION 2004-006 APPROVING A FLORIDA DEPARTMENT OF
TRANSPORTATION MEMORANDUM OF AGREEMENT (FM #228583-3-52-
01) FOR LANDSCAPING AND IRRIGATION IMPROVEMENTS FOR US#1
TH
FROM SOUTH RELIEF CANAL TO 8 STREET (MAINTENANCE) ............ 16
11.I.6.MORGAN AND EKLUND, INC. – ANNUAL SURVEYING AND MAPPING
SERVICES – WORK ORDER NO. 2 FOR PROFESSIONAL LAND SURVEY
SERVICES FOR OSLO PARK NEIGHBORHOOD TOPOGRAPHIC AND
DRAINAGE SURVEY – PROJECT 03-130 ........................................................... 17
JANUARY 6, 2004 3
11.I.7.CR-512 PHASE 3, 4-LANE WIDENING – TRANS-FLORIDA CENTRAL
RAILROAD AND ROAD RIGHT-OF-WAY – ANSIN AND CFR, INC.
PARCELS – NEGOTIATE EXCHANGE OF COUNTY-OWNED PORTION OF
RAILROAD RIGHT-OF-WAY FOR CR-512 RIGHT-OF-WAY THROUGH
ANSIN PROPERTY ................................................................................................ 17
11.J.1.RESOLUTION 2004-007 CERTIFYING “AS-BUILT” COSTS FOR WATER
SERVICE TO WEST SIDE SUBDIVISION LOCATED ON THE SOUTHEAST
THRD
CORNER OF 5 STREET SW AND 43 AVENUE (PROJECT 2177) – FINAL
ASSESSMENT ......................................................................................................... 19
11.J.2.SOUTH COUNTY REVERSE OSMOSIS WATER PLANT – CLEARWELL
AND YARD PIPING PROJECT – KIMLEY-HORN & ASSOCIATES, INC. –
REQUEST FOR ADDITIONAL PROFESSIONAL SERVICES – WORK
AUTHORIZATION #4 ............................................................................................ 20
13.A.COMMISSIONER KENNETH R. MACHT – ACTING COUNTY
ADMINISTRATOR JOSEPH BAIRD – ANNUAL LEAVE AND
COMPENSATION .................................................................................................. 20
13.C.COMMISSIONER FRAN B. ADAMS – FELLSMERE’S FROG LEG
FESTIVAL AND OLD SCHOOL RESTORATION .............................................. 20
13.E.COMMISSIONER ARTHUR R. NEUBERGER – COUNTY COMMISSION
AGENDA PUBLICATION IN PRESS JOURNAL ................................................ 21
14.A.EMERGENCY SERVICES DISTRICT ................................................................. 22
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................................ 22
14.C.ENVIRONMENTAL CONTROL BOARD ............................................................ 22
JANUARY 6, 2004 4
January 6, 2004
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
th
Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on Tuesday,
January 6, 2004, 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 Joseph Baird, Acting County Administrator; William G. Collins II, County
Attorney; and Patricia “PJ” Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2.A. INVOCATION
Reverend Jack Diehl of Our Savior Lutheran Church delivered the Invocation.
2.B. PLEDGE OF ALLEGIANCE
Commissioner Ginn led the Pledge of Allegiance to the Flag.
3.A. ELECTION OF CHAIRMAN
The Chairman opened the floor to nominations for Chairman of the Board of County
Commissioners for 2004.
Commissioner Adams NOMINATED Commissioner Ginn, SECONDED
by Commissioner Macht.
There were no other nominations.
JANUARY 6, 2004 1
The Chairman directed the Clerk to cast a UNANIMOUS BALLOT for
Commissioner Ginn for Chairman of the Board of County Commissioners
for 2004.
Commissioner Macht passed the gavel to Chairman Ginn, who assumed the chair.
Chairman Ginn pledged to try to preserve paradise.
3.B. ELECTION OF VICE CHAIRMAN
The Chairman opened the floor to nominations for Vice Chairman of the Board of County
Commissioners for 2004.
Commissioner Lowther NOMINATED Commissioner Neuberger,
SECONDED by Commissioner Macht.
There were no other nominations.
The Chairman directed the Clerk to cast a UNANIMOUS BALLOT for
Commissioner Neuberger for Vice Chairman of the Board of County
Commissioners for 2004.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Ginn requested the following changes to today’s Agenda:
1. Add Item 13.A., Commissioner Kenneth R. Macht, Acting County Administrator
Joseph Baird, Annual Leave and Compensation.
2. Add Item 13.C., Commissioner Fran B. Adams, Fellsmere’s Frog Leg Festival and
Old School Restoration.
3. Add Item 13.E., Commissioner Arthur R. Neuberger, County Commission
Agenda Publication in Press Journal.
JANUARY 6, 2004 2
Brian Heady
requested an addition to the agenda of a public discussion item which had
been requested in a letter to the Administrator’s Office.
Chairman Ginn replied that she had not received such a letter, and Mr. Heady responded that
he did not have a copy with him.
MOTION WAS MADE by Commissioner Lowther, SECONDED by
Commissioner Neuberger, to add Mr. Heady’s public discussion item and
the Motion failed by a 2-3 vote (Commissioners Macht and Adams and
Chairman Ginn opposed).
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PFPPC
RESENTATION OF LUORIDATION ROGRAM LAQUE TO OUNTY
UDCDC
TILITIES EPARTMENT FROM THE ENTER FOR ISEASE ONTROL BY
CDEHD
HERYL UNN OF THE NVIRONMENTAL EALTH EPARTMENT
Cheryl Dunn
The Chairman presented the Proclamation to of the Environmental Health
Department with congratulations.
6.A. APPROVAL OF MINUTES – OCTOBER 7, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of October 7, 2003. There were none.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the Minutes of
the Regular Meeting of October 7, 2003, as written.
JANUARY 6, 2004 3
6.B. APPROVAL OF MINUTES – OCTOBER 14, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of October 14, 2003. There were none.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the Minutes of
the Regular Meeting of October 14, 2003, as written.
6.C. APPROVAL OF MINUTES – OCTOBER 21, 2003
The Chairman asked if there were any corrections or additions to the Minutes of the Regular
Meeting of October 21, 2003. There were none.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the Minutes of
the Regular Meeting of October 21, 2003, as written.
7. CONSENT AGENDA
Commissioner Lowther asked that Item 7.G. be pulled for discussion.
Chairman Ginn asked that Item 7.I. be pulled for discussion.
7.A. R
EPORTS
The following reports have been received and are on file in the office of the Clerk to the
Board:
1. Report of Convictions, November, 2003
2. Supervisor of Elections Additional Journal Entries and Updated Financial Statements for
2002/2003 FY
3. Delta Farms Water Control District Annual Local Government Financial Report for FY
2002-03 and General Purpose Financial Statements and Independent Auditors’ Report for
Year Ended 09/30/02
4. Delta Farms Water Control District Minutes of the Board of Supervisors for FY Ending
09/30/03
JANUARY 6, 2004 4
7.B. W
ARRANTS
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved the list of Warrants as issued
by the Clerk to the Board for December 12-18, 2003, as recommended by
staff.
7.C. O--CT–BA
UTOFOUNTY RAVEL LANKET UTHORIZATION FOR
CAACM
OMMISSIONERS TO TTEND SSIGNED OMMITTEE EETINGS
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved out-of-county travel for all
current and any future assigned committee meetings Board members are
required to attend in 2004, as recommended by staff.
7.D. O--CT–CL
UTOFOUNTY RAVEL OMMISSIONERS OWTHER AND
N–FCFFF
EUBERGER LORIDA OUNTIES OUNDATION LORIDA INANCIAL
MW–J23,2004
ANAGEMENT ORKSHOP ANUARY
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved out-of-county travel for
Commissioners Lowther and Neuberger to attend the Florida Counties
Foundation Florida’s Legislative Process Workshop in Orlando on January
23, 2004, as recommended by staff.
JANUARY 6, 2004 5
7.E. CPC–N-FS,I.–
OURTHOUSE AINTING ONTRACT INETYIVE OUTH NC
FP
INAL AYMENT
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved release of the 10% retainage
in the amount of $4,685 to Ninety-Five South, Inc. as final payment for the
contracted work at the Courthouse and parking garage, as recommended
by staff.
7.F. SPP–FD
HORE ROTECTION ROJECT LORIDA EPARTMENT OF
EPBRPA
NVIRONMENTAL ROTECTION EACH ESTORATION ROJECT GREEMENT
98IR1–AN.5–MR
MENDMENT O ITIGATION EEF
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved and authorized the Chairman
to execute Florida Department of Environmental Protection Contract
98IR1, Amendment 5, with funding for the County portion from the Beach
Preservation Fund, as recommended by staff.
AMENDMENTNO.5ISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
7.G. BBDC–FP
LACK EAR EVELOPMENT ORPORATION INAL LAT
ABBRS
PPROVAL FOR LACK EAR ESERVE UBDIVISION
Commissioner Lowther noted that additional backup had just been received this morning.
He wondered why this backup is being accepted at such a late date and why the Board is not
adhering to its time frame.
County Attorney Will Collins noted that the deadline for submitting all backup to the County
Administrator’s Office is noon on Wednesdays.
JANUARY 6, 2004 6
ON MOTION by Commissioner Lowther, SECONDED by Chairman
Ginn, the Board unanimously agreed to stick to its deadline for accepting
backup at noon on Wednesday prior to the meeting and deferred this item
until the following week’s meeting.
7.H. R2004-001–MBA
ESOLUTION ISCELLANEOUS UDGET MENDMENT
#003
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously adopted Resolution 2004-001
amending the Fiscal Year 2003-2004 Budget (Miscellaneous Budget
Amendment #003).
7.I. CROC(FS,
APSTAR ADIO PERATING OMPANY ORMERLY HARGO
I./PCC/MVI/CM)–
NCALM OAST OMMUNICATIONSEDIA OMMODORE EDIA
CARL
ONSENT TO SSUMPTION AND ENEWAL OF ICENSE
Chairman Ginn noted that this item has much the same conditions as Item 7.G. in that the
backup was just received and she felt that more information is needed.
ON MOTION by Commissioner Macht, SECONDED by Commissioner
Neuberger, the Board unanimously agreed to stick to its deadline for
accepting backup at noon on Wednesday before the following Tuesday’s
meeting and deferred this item until the following week’s meeting.
7.J. R2004-002–ASR
ESOLUTION NNUAL IGNATORIES ESOLUTION
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously adopted Resolution 2004-002 directing
depositories of County funds to honor certain authorized signatures on
County checks, warrants, and other orders for payment; providing for
Board of County Commissioners and Clerk of the Circuit Court
JANUARY 6, 2004 7
signatories; rescinding Resolution No. 2003-001; and providing for an
effective date.
9.A.1. PUBLIC HEARING – RESOLUTION 2004-003 CONFIRMING
SPECIAL ASSESSMENTS IN CONNECTION WITH WATER
MAIN EXPANSION TO VAN BERGEN & HENDRY’S
THTH
SUBDIVISION (77 COURT AND 77 TERRACE SOUTH OF
ROSELAND ROAD)
PROOFOFPUBLICATIONOFADVERTISEMENTFORHEARINGISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
Manager of Assessment Projects Dan Chastain reviewed the project and noted that this is a
small neighborhood with only 23 lots.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
th
Arthur Deschane
, 13675 77 Court, was in favor of the project.
th
David Jamar,
13650 77 Court, noted that he was on his fourth well and he was certainly
in favor of the project.
The Chairman asked if anyone else wished to be heard with regard to this matter. There
being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Macht, the Board unanimously adopted Resolution 2004-003 confirming
the special assessments in connection with water main expansion to Van
thth
Bergen & Hendry’s Subdivision (77 Court and 77 Terrace south of
Roseland Road) in Indian River County, Florida; and providing for special
assessment liens to be made of record.
JANUARY 6, 2004 8
9.A.2. FIRST PUBLIC HEARING – ORDINANCE 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)
PROOFOFPUBLICATIONOFADVERTISEMENTFORHEARINGISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
Planning Director Stan Boling announced that this is the first of 2 public hearings on an
amendment to the Land Development Regulations with no change to the Comprehensive Plan. This
will be a special exception use with a minimum site size.
Commissioner Macht questioned the limitation to citrus, and Director Boling responded that
the citrus trees provide a visual screen.
Commissioner Adams felt that any active agricultural operation should be included.
Commissioner Macht then questioned why staff had suggested limiting the site to an area
outside the urban service area.
Director Boling pointed out concerns about agricultural operations being surrounded by
residential developments inside the urban service area.
The Chairman opened the public hearing and asked if anyone wished to be heard with regard
to this matter.
Bruce Barkett
, Attorney representing the applicant, Sid Banack, stated that he is here to
answer any questions and complimented staff on an outstanding job. He noted that he would prefer
that the minimum size of the acreage be 20 acres rather than 40.
Frank Coffey
, 1200 Admirals Walk, asked for a list of what cannot be sold at these sites and
for the rules which govern parking at these locations.
JANUARY 6, 2004 9
Director Boling pointed out that the limitations and criteria for retail sales are in the backup
and provided Mr. Coffey with a copy. He also responded that the parking allowances are set forth
in the LDRs and would allow for unpaved, stabilized parking given the limitations on retail building
area.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Macht, the Board unanimously approved staff’s recommendations as set
forth in their memorandum of December 17, 2003, with the following
changes: Specific criteria paragraph (1) change “active groves” to “active
agricultural operations” and change “40 acres” to “20 acres” and delete
criterion 7 so as not to limit to outside the urban service area.
9.A.3. PUBLIC HEARING – RESOLUTION 2004-004 AUTHORIZING
THE FILING OF FY 2003-04 GRANT APPLICATION FOR 49
USC CHAPTER 53, SECTION 5307 MASS TRANSIT CAPITAL
AND OPERATING ASSISTANCE (COUNCIL ON AGING)
(LEGISLATIVE)
PROOFOFPUBLICATIONOFADVERTISEMENTFORHEARINGISONFILEINTHEOFFICE OF THE
CLERK TO THE BOARD
Community Development Director Bob Keating stated that the County is required to be the
applicant even though the funds are passed through to the Council on Aging. This is a 50% match
grant with half of the match being provided by the County and the other half being provided by the
State through the grant program. He noted that Karen Wood from the Council on Aging is in the
audience if there are any questions.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter. There being none, the Chairman closed the public hearing.
JANUARY 6, 2004 10
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously adopted Resolution 2004-004
authorizing the filing of a FY 2003/04 Grant Application for 49 USC Ch.
53, Section 5307 Mass Transit Capital and Operating Assistance (Federal
Transit Administration – Indian River County Council on Aging).
9.A.4. PUBLIC HEARING – RESOLUTION 2004-005 CONFIRMING
ASSESSMENT ROLL FOR CERTAIN PAVING AND
STTH
DRAINAGE IMPROVEMENTS TO 41 AVENUE FROM 6
TH
STREET TO 8 STREET IN CITRUS GARDENS
SUBDIVISION (PROJECT #9922)
PROOFOFPUBLICATIONOFADVERTISEMENTFORHEARINGISONFILEINTHEOFFICE OF THE
CLERK TO THE BOARD
County Engineer Chris Kafer stated that 15 of 21 property owners, just over 71%, are in
favor of the project and that a public information meeting had been held on November 19, 2003.
Commissioner Neuberger asked if there were a way to save the oak tree in the intersection,
and Mr. Kafer stated that it is offset to the south and would compromise the design of the
improvements.
Commissioner Adams suggested that the tree could be relocated to an existing park or to the
fairgrounds. The costs to relocate the tree would not be part of the assessment but, as County
policy, we should pay for the relocation.
Public Works Director Jim Davis felt that the cost of moving the tree would be comparable
to the County’s share of the cost of the project and he was uncertain whether the tree would live.
Commissioner Adams said this was a perfect time of year to move the tree and a crane could
be brought in to move it.
Director Davis thought it might be better to just leave the tree and redesign the project.
MOTION WAS MADE by Commissioner Lowther, SECONDED by
Commissioner Neuberger, to direct staff to redesign the project and bring
it back to the Board
JANUARY 6, 2004 11
Acting County Administrator Joe Baird suggested that staff look at all the alternatives and
bring back costs for each alternative.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Brian Heady
commented that it is not appropriate for the members of the Board to discuss
a matter back and forth so that the public cannot hear what they are saying.
Chairman Ginn stated that she was unaware of any sidebars and asked Mr. Heady to get
back to the subject at hand.
Mr. Heady felt that a good point had been made about not paving right up to the trees as this
eventually will kill them.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
THE CHAIRMAN CALLED THE QUESTION and the Motion passed
unanimously. (The Board directed staff to bring back alternative designs
and costs regarding moving the tree or designing the project around it.)
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously adopted Resolution
2004-005 confirming the assessment roll for certain paving and drainage
stthth
improvements to 41 Avenue from 6 Street to 8 Street in Citrus Gardens
Subdivision IRC. Project No. 9922.
11.C.1. LIBRARY MASTER PLAN – POSSIBLE JOINT USE LIBRARY
WITH INDIAN RIVER COMMUNITY COLLEGE – REQUEST
FOR PROPOSALS
Commissioner Neuberger questioned whether staff could take care of this responsibility
rather than spending $75,000 for a consultant.
Chairman Ginn was also concerned about that sum which was not in the budget.
JANUARY 6, 2004 12
General Services Director Tom Frame stated that this matter had been discussed at length
during the negotiations with Indian River Community College and during the Public Library
Advisory Board meetings. There had been funds set aside for a west county library branch pursuant
to the Master Plan of the 1980s but those funds were used in the 1998 expansions of the North
County and Main Libraries. Since that time a small facility has been opened in Gifford and there is
now a need to determine the best location for the next branch library; whether it be a south county
or west county branch.
Commissioner Lowther believed the growth in the south county should obviously dictate
where the next branch should go.
Commissioner Macht stated that Indian River County’s libraries are among the top 3 most
utilized in the entire state. Indian River Community College’s branch library was not funded last
year but Senator Pruitt hopes to get the funding this year and transportation to that location from
south county is only a 10 minute drive. A joint use library on the college campus would benefit not
only the College but also the County as the parking would be provided by the College.
Commissioner Adams added that a master plan would become a blueprint for moving
forward and staff does not have the time or resources to prepare such a master plan.
Chairman Ginn believed we do need a master plan and noted that she has always been in
favor of a joint cooperation with the College.
Frank Coffey,
, a member of the PLAB reminded the Board that the Public Library
Advisory Board had passed a resolution in favor of a 5, 10 and 20 year plan and stated that the
Advisory Board does not have the capability to prepare a master plan.
George Gross
, also a member of the Public Library Advisory Board, reminded the Board
that when the first library was built in 1991 from a 5.9 million dollar bond issue, it was anticipated
at that time that it was only built for a 5 or 10 year lifespan. We need an expert to take a look at how
we will fund our future needs and what the role of the existing libraries will be.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Macht, the Board, by a 4-1 vote (Commissioner Neuberger opposed)
authorized the proposed Scope of Work as set forth in staff’s
Memorandum of December 29, 2003 be included into a Request for
JANUARY 6, 2004 13
Proposals; authorized a funding appropriation of $75,000 from
contingency funds; and authorized staff to advertise the Request for
Proposals; all as recommended by staff.
The Chairman called a break at 10:07 a.m. and the Board reconvened at 10:15 a.m. with the
same members present.
RD
11.I.1. 43 AVENUE WIDENING AND DRAINAGE
IMPROVEMENTS – GRACE BAPTIST CHURCH
DEVELOPER’S AGREEMENT
Bob Johnson
, Coral Wind Subdivision, was recognized by the Chair, and read from a
prepared statement (copy was not furnished to the Clerk). He did not believe the proposed
rd
improvements to 43 Avenue would be “workable” nor justified. He believed the traffic study was
th
undertaken during the 58 Avenue construction and was, therefore, flawed. He questioned whether
rd
a median would be included in the improvements and whether 43 Avenue would become a truck
route by default. He noted that his belief was that school children using that road would be put at
risk because of the increased traffic. He was opposed to the increased noise levels and asked for
shrubs and trees on both sides of the road. It was his opinion that north-south routes further west
rd
should be widened and 43 Avenue should be left alone. He suggested holding public workshops
to get citizen input.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved the Developer’s Agreement
with Grace Baptist Church and authorized the Chairman to execute it, as
recommended by staff.
AGREEMENTISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
TH
11.I.2. 26 STREET RIGHT-OF-WAY ACQUISITION –
WOODFIELD AT VERO BEACH PD PROJECT – EQUITY
INVESTMENTS, LLC, OWNER
JANUARY 6, 2004 14
Chairman Ginn questioned whether there would be any increase in density, and Public
Works Director Jim Davis advised there is no commercial land use involved.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Adams, the Board unanimously approved the $109,066.32
purchase from Equity Investments, LLC and authorized the Chairman to
execute the contract, as recommended by staff.
AGREEMENTISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
11.I.3. EAST INDIAN RIVER COUNTY MASTER STORMWATER
MANAGEMENT PLAN – PRELIMINARY ENGINEERING
REPORT FOR VORTEX-TYPE TREATMENT UNITS AND
FLOATING DEBRIS BOOMS IN THE MAIN RELIEF CANAL
AND SOUTH RELIEF CANAL – WORK ORDER #4,
APPLICATION FOR PAYMENT NO. 8 AND FINAL PAY
REQUEST – CARTER ASSOCIATES, INC.
ON MOTION by Commissioner Lowther, SECONDED by Commissioner
Neuberger, the Board unanimously approved Work Order #4, the final
payment request and request for release of retainage in the amount of
$3,313.25 to Carter Associates, Inc., as recommended by staff.
THTH
11.I.4. 39 AVENUE RIGHT-OF-WAY PURCHASE BETWEEN 69
ST
STREET AND 71 STREET – HATALA/LITWINIEC
st
Commissioner Neuberger questioned closing the 71 Street railroad crossing, and Public
rd
Works Director Jim Davis stated that crossing was closed in order to get the new 53 Street
crossing. The policy is to give up 2 crossings to get 1 new one but since there was such resistance
rdst
to closing the 43 Street crossing, we proposed only closing the 71 Street crossing in an attempt
to get a one-for-one swap.
JANUARY 6, 2004 15
Commissioner Neuberger then questioned whether this crossing would go through the
cemetery, and Director Davis advised that the cemetery is further west.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously approved the purchase agreement in the
amount of $34,320 from Leonard J. Hatala, Trustee (an undivided 1/6
interest); Constance C. Hatala, Trustee (an undivided 1/6 interest); Ronald
Hatala (an undivided 1/3 interest); and J. Leonard Litwiniec (an undivided
1/3 interest) and authorized the Chairman to execute same, as
recommended by staff.
AGREEMENTISONFILEINTHEOFFICE
OFTHECLERKTOTHEBOARD
11.I.5. RESOLUTION 2004-006 APPROVING A FLORIDA
DEPARTMENT OF TRANSPORTATION MEMORANDUM OF
AGREEMENT (FM #228583-3-52-01) FOR LANDSCAPING
AND IRRIGATION IMPROVEMENTS FOR US#1 FROM
TH
SOUTH RELIEF CANAL TO 8 STREET (MAINTENANCE)
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously approved the District Four (4)
Maintenance Memorandum of Agreement with the State of Florida
Department of Transportation and adopted Resolution 2004-006
approving a Florida Department of Transportation Memorandum of
Agreement (FM #228583-3-52-01) for landscaping and irrigation
th
improvements for US#1 from the South Relief Canal to 8 Street.
JANUARY 6, 2004 16
MEMORANDUMOFAGREEMENTISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
11.I.6. MORGAN AND EKLUND, INC. – ANNUAL SURVEYING AND
MAPPING SERVICES – WORK ORDER NO. 2 FOR
PROFESSIONAL LAND SURVEY SERVICES FOR OSLO
PARK NEIGHBORHOOD TOPOGRAPHIC AND DRAINAGE
SURVEY – PROJECT 03-130
ON MOTION by Commissioner Lowther, SECONDED by Commissioner
Neuberger, the Board unanimously approved Work Order No. 2 with
Morgan – Eklund, Inc. for preparing a topographic and drainage survey for
th
design-study of the proposed 11 Street SW and miscellaneous Oslo Park
drainage improvements for a total fee not-to-exceed $27,765 and
authorized the Chairman to execute same, as recommended by staff.
WORKORDERNO.2WILLBEONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
WHENEXECUTEDANDRECEIVED
11.I.7. CR-512 PHASE 3, 4-LANE WIDENING – TRANS-FLORIDA
CENTRAL RAILROAD AND ROAD RIGHT-OF-WAY – ANSIN
AND CFR, INC. PARCELS – NEGOTIATE EXCHANGE OF
COUNTY-OWNED PORTION OF RAILROAD
RIGHT-OF-WAY FOR CR-512 RIGHT-OF-WAY THROUGH
ANSIN PROPERTY
Public Works Director Jim Davis explained that in October the Board had authorized staff
to meet with the property owners to try to negotiate the purchase of right-of-way west of CR-512.
Back in the early 1980s the County had purchased all the right-of-way all the way to Sebastian but,
once you get to the South Prong of the Sebastian River and head westerly, the TransCentral Florida
Railroad leaves the road right-of-way and is separated through the Ansin property. The Board
JANUARY 6, 2004 17
authorized him to purchase the CFR right-of-way; however, the developer has applied to annex that
property into the City of Sebastian and the proposal has been sent to the Department of Community
Affairs. The developer does not want to sell the County the railroad right-of-way and claims he will
not be able to have a viable project if he sells that property. He is resisting the purchase and
indicated the County would have to take the property by eminent domain. If he gets the property
rezoned to commercial usage, the value would go up by 9 times. We are talking about a very
expensive, possibly 3 million dollar, eminent domain action.
Director Davis continued that there is a small portion of the CFR railroad right-of-way
which is now pasture land. A letter has been received from the Department of State stating that
there is no significant historical value to the property and there are no remnants of the railroad that
the State could find. Also, east of CR-512, Ronald Ansin has indicated that he would swap a
right-of-way parcel that the County needs abutting CR-512 which he owns for the County-owned
railroad right-of-way through his 27-acre property. We are moving ahead now with appraisals on
the right-of-way needed by the County. The City of Sebastian has indicated they will annex the CFR
property and Ansin property and change the zoning to commercial. Also, we would have to bridge
the South Prong of the Sebastian River to place a separate walking path in the railroad right-of-way
or use the proposed CR-512 roadway bridge for a walking trail through the Ansin property. Staff’s
opinion is that it would be too costly to acquire the CFR right-of-way through eminent domain and
that we could save several hundred thousand dollars by taking advantage of the swap with the Ansin
family and not acquiring the CFR property.
Discussion ensued regarding the CFR property, and Commissioner Adams remarked that
the sad thing about the loss of that property is that the greenway walk to the North County Park or
the Junior High School without that piece is gone and it contained one of the prettiest bike trails
through a wooded area. She felt that CFR is being very shortsighted.
Director Davis stated that CFR, Inc. has indicated that they are willing to work with the
County on the road right-of-way and the stormwater property. The CFR property is cleared and
they also own the railroad right-of-way through the cemetery and want to put a road through there.
Director Davis continued that there were about 5 acres all together that were proposed to
be purchased from CFR.
Commissioner Adams inquired what the square footage under roof of CFR’s proposed
shopping center would be.
JANUARY 6, 2004 18
Tom Young
of Kimley-Horn, representing the developer (CFR, Inc.), responded that there
would be about 25,000 square feet.
Director Davis noted that this would not affect the Kitching Station.
Chairman Ginn added that it just means there will not be a connected trail and asked Director
Davis to speak with the City of Sebastian regarding this matter.
Director Davis responded that he had already had that conversation.
Commissioner Adams requested the name of the developer, and Mr. Young responded that
Bill Drost is the Managing Partner, Tim Campbell is their attorney, and they will do everything they
can to come to some solution of this problem.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Macht, the Board, by a 4-1 vote (Commissioner Adams
opposed) approved staff’s recommendation and authorized staff to attempt
to negotiate the exchange of the county-owned portion of the railroad
right-of-way for the needed CR-512 right-of-way through the Ansin
property, as recommended by staff.
11.J.1. RESOLUTION 2004-007 CERTIFYING “AS-BUILT” COSTS
FOR WATER SERVICE TO WEST SIDE SUBDIVISION
TH
LOCATED ON THE SOUTHEAST CORNER OF 5 STREET
RD
SW AND 43 AVENUE (PROJECT 2177) – FINAL
ASSESSMENT
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously adopted Resolution 2004-007 certifying
“as-built” costs for installation of water service to West Side Subdivision,
rd
located on the southeast corner of Fifth Street SW and 43 Avenue and
such other construction necessitated by such project; providing for formal
completion date, and date for payment without penalty and interest.
JANUARY 6, 2004 19
11.J.2. SOUTH COUNTY REVERSE OSMOSIS WATER PLANT –
CLEARWELL AND YARD PIPING PROJECT –
KIMLEY-HORN & ASSOCIATES, INC. – REQUEST FOR
ADDITIONAL PROFESSIONAL SERVICES – WORK
AUTHORIZATION #4
ON MOTION by Commissioner Lowther, SECONDED by Commissioner
Neuberger, the Board unanimously approved Work Authorization #4 with
Kimley-Horn & Associates, Inc. in the total amount of $6,750 and
authorized the Chairman to execute same, as recommended by staff.
WORKAUTHORIZATION#4ISONFILEINTHE
OFFICEOFTHECLERKTOTHEBOARD
13.A. COMMISSIONER KENNETH R. MACHT – ACTING COUNTY
ADMINISTRATOR JOSEPH BAIRD – ANNUAL LEAVE AND
COMPENSATION
Commissioner Macht noted that Acting County Administrator Joseph Baird was now in a
position of losing his accrued annual leave as he had been unable to take advantage of it due to the
absence of County Administrator Jim Chandler. He requested that the Board take action to retain
Mr. Baird’s annual leave for his use, as well as action to temporarily elevate his remuneration during
his tenure as Acting County Administrator.
ON MOTION by Commissioner Macht, SECONDED by Commissioner
Adams, the Board unanimously approved either the retention of Acting
County Administrator Joseph Baird’s annual leave until such time as he is
in a position to be able to use it or compensation for said leave and
approved the elevation of Mr. Baird’s remuneration during his tenure as
Acting County Administrator.
13.C. COMMISSIONER FRAN B. ADAMS – FELLSMERE’S FROG
LEG FESTIVAL AND OLD SCHOOL RESTORATION
JANUARY 6, 2004 20
Commissioner Adams advised that the Frog Leg Festival begins next week. She thanked
County staff for their assistance and invited everyone to come to downtown Fellsmere to visit the
Old School.
Commissioner Neuberger added that the Old School is open for tours during the Festival.
13.E. COMMISSIONER ARTHUR R. NEUBERGER – COUNTY
COMMISSION AGENDA PUBLICATION IN PRESS JOURNAL
Commissioner Neuberger felt that the Board should discontinue publishing the Agenda in
the newspaper for the time being because of the high cost. He noted that the Board could always
reinstate the publication should there be a lot of opposition.
Chairman Ginn believed it is very important to continue publishing the Agenda and felt the
County could afford to continue providing that service.
MOTION WAS MADE by Commissioner Neuberger, SECONDED by
Commissioner Lowther, that the Board discontinue publishing the Board
of County Commission’s Agenda in the newspaper for the time being.
The Board reached a CONSENSUS to have Executive Aide Kimberly Massung bring back
some costs regarding a display ad such as the City of Vero Beach runs for their consideration next
week.
THE CHAIRMAN CALLED THE QUESTION and the Motion passed by
a 4-1 vote (Chairman Ginn opposed) (The Board will discontinue
publishing the Agenda in the newspaper.)
JANUARY 6, 2004 21
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. 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.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
ALLBACKUPDOCUMENTATION,RESOLUTIONS,ANDORDINANCESAREONFILEINTHEOFFICEOF
THECLERKTOTHEBOARDANDAREHEREBYMADEAPART
OFTHESEMINUTES
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 11:07 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Caroline D. Ginn, Chairman
Minutes Approved: _________________
JANUARY 6, 2004 22