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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 1, 2005
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 1
5.PROCLAMATIONS AND PRESENTATIONS ....................................... 2
6.APPROVAL OF MINUTES – JOINT MEETING WITH
BREVARD COUNTY COMMISSION ON AUGUST 24, 2005 ............. 2
7.CONSENT AGENDA ................................................................................... 3
7.A.R .......................................................................................................................3
EPORT
7.B.AW ...........................................................................................3
PPROVAL OF ARRANTS
7.C.AW ...........................................................................................3
PPROVAL OF ARRANTS
7.D.2005ECLAC(CLAC)
LECTION OF ONSERVATION ANDS DVISORY OMMITTEE
CKGVCJC ........................3
HAIRMAN EN RUDENS AND ICE HAIRMAN OSEPH ARROLL
7.E.GEFP&LGP
RANT OF AN ASEMENT TO LORIDA OWER IGHT IN IFFORD ARK FOR
M-PAFC’H.................................4
ULTIURPOSE THLETIC IELD AND ARETAKERS OUSE
November 1, 2005 1
7.F.RN.2005-179–IRCD-TLS
ESOLUTION O EVELOPMENT HE AKES AT ANDRIDGE
PI-SACLC ....................................4
HASE TAFF UTHORIZED TO ALL ETTER OF REDIT
7.G.RN.2005-180–DCL.P.L.-DC
ESOLUTION O IAMOND OURT TD IAMOND OURT
VS-SACLC .............5
ILLAGE UBDIVISION TAFF UTHORIZED TO ALL ETTER OF REDIT
7.H.RN.2005-181–MBA002.............5
ESOLUTION O ISCELLANEOUS UDGET MENDMENT
7.I.FDLE(FDLE)-FY2005/2006
LORIDA EPARTMENT OF AW NFORCEMENT
BSLLEG ..........................................5
YRNE TATE AND OCAL AW NFORCEMENT RANTS
7.J.CLLPFAA .........................................6
HOOSE IFE ICENSE LATE UNDING NNUAL UDIT
7.K.B#2006017–ABEM–B&
ID NNUAL ID FOR LEVATOR AINTENANCE UILDINGS
GD–SBR ...............................................................6
ROUNDS IVISION OLE ID EJECTED
7.L.MRC-WJC
ITIGATION EEF ONSTRUCTION ILKINSON AND ENKINS ONSTRUCTION
C,I.–FPRR ............................7
OMPANY NC INAL AYMENT AND ELEASE OF ETAINAGE
7.M.FCT(FCT)GCC-S
LORIDA OMMUNITIES RUST RANT ONTRACTS FOR OSTHARE
FA“J’P”“RGR
UNDING TO CQUIRE THE ONESS IER AND USSELL ROVE IVER
B”-LAACS .............................................................................................7
UFFER ITES
7.N.ORBRRW–
SLO OAD RIDGE EPLACEMENTS AND OADWAY IDENING
K-H,I.-ES-PR
IMLEYORN NC NGINEERING ERVICES ARTIAL ELEASE OF
R .................................................................................................................7
ETAINAGE
8.A.SHERIFF ROY RAYMOND – FY 2004-2005 BUDGET
AMENDMENT .............................................................................................. 8
8.B.SUPERVISOR OF ELECTIONS KAY CLEM – FINANCIAL
REPORT FOR FY 2004-2005 ...................................................................... 8
8.C.PROPERTY APPRAISER DAVID NOLTE – BUDGET
AMENDMENT - FINANCIAL REPORT FOR FY 2004-2005 .............. 8
8.D.CLERK OF COURT JEFFREY K. BARTON – FINANCIAL
REPORT FOR FY 2004-2005 ...................................................................... 9
November 1, 2005 2
9.A.1.PUBLIC HEARING – RESOLUTION NO. 2005-182 –
ABANDONMENT OF THE PORTION OF COCO PLUM LANE
WEST OF FRANGIPANI DRIVE – REQUESTED BY STEWART
WARD ............................................................................................................. 9
9.A.2.PUBLIC HEARING – ORDINANCE NO. 2005-046 – AMENDS
SECTION 400.09 – REMOVAL OF REQUIREMENT FOR A
$500.00 DEPOSIT PRIOR TO ISSUANCE OF CERTIFICATE OF
OCCUPANCY ............................................................................................. 10
9.A.3.PUBLIC HEARING – AMENDMENT TO CHAPTER 955 OF
THE CODE – MOVING OF STRUCTURES – CONTINUED TO
NEXT MEETING ....................................................................................... 11
9.B.1.PUBLIC DISCUSSION ITEM – KYLE WILLIAMS REGARDING
SETTLEMENT OF DEMOLITION LIEN ON LOT 7, BLOCK 4,
SPRUCE PARK SUBDIVISION ............................................................... 12
10.COUNTY ADMINISTRATOR’S MATTERS – HURRICANE
WILMA DEBRIS CLEAN-UP – F.E.M.A. REIMBURSEMENT –
OMNI PINNACLE, L.L.C. ........................................................................ 13
11.J.1.UTILITIES SERVICES – PETITION SEWER SERVICE FOR A
PORTION OF NORTH INDIAN RIVER DRIVE IN SEBASTIAN
(FROM 13425 TO 13485) ........................................................................... 15
11.J.2.PUBLIC WORKS – PETITION WATER SERVICES –
TH
KANAWHA ACRES AND PROPERTIES EAST OF 49 AND
THTHTH
50 AVENUES BETWEEN 10 AND 12 STREETS IN VERO
BEACH ......................................................................................................... 15
November 1, 2005 3
11.J.3.PUBLIC WORKS – BIOSOLIDS COLLECTION AND
DEWATERING FACILITY AT THE OSLO LANDFILL SITE –
UCP-2697 – CAMP DRESSER AND MCKEE, INC. – DESIGN,
PERMITTING, BIDDING AND CONSTRUCTION SERVICES –
CONTINUING CONSULTING SERVICES - WORK ORDER NO.
2 ...................................................................................................................... 16
12.COUNTY ATTORNEY - PROPOSED SETTLEMENT OF
LAWSUIT MGD DEVELOPMENT OF FLORIDA II, LLC V.
INDIAN RIVER COUNTY – CONSIDERATION OF REQUEST
FOR REVISED PRELIMINARY PD (OCEAN SANDS PLANNED
DEVELOPMENT) ...................................................................................... 17
13.E.COMMISSIONER GARY C. WHEELER’S REQUEST FOR A
RESOLUTION IN SUPPORT FOR URBAN SERVICE
BOUNDARY LEGISLATION REFERENDUM (FAILED) ................. 18
DOCUMENTS TO BE ADDED TO THE RECORD .................................................. 22
(1)EC–MU–
MERGENCY ONTRACT EMORANDUM OF NDERSTANDING
SFA\[HW\]–
UPPLEMENTAL TO RANCHISE GREEMENT URRICANE ILMA
BIRCSWDDRS
ETWEEN OLID ASTE ISPOSAL ISTRICT AND EPUBLIC ERVICES OF
F,L.P.//TCR,DL
LORIDA DBA REASURE OAST EFUSE A ELAWARE IMITED
P ........................................................................................................... 22
ARTNERSHIP
(2)EC–MU–
MERGENCY ONTRACT EMORANDUM OF NDERSTANDING
SFA\[HW\]-B
UPPLEMENTAL TO RANCHISE GREEMENT URRICANE ILMA ETWEEN
IRCSWDDWMI.
OLID ASTE ISPOSAL ISTRICT AND ASTE ANAGEMENT NC OF
F ................................................................................................................... 22
LORIDA
(3)EO2005-01–DC8M,
MERGENCY RDER ECLARES A URFEW FROM PM ONDAY
O24,2005E6T,O25,2005.
CTOBER AND NDING AT AM ON UESDAY CTOBER
\[HW\]-(RBK1952PG471.) .................................... 22
URRICANE ILMA ECORDED AT
November 1, 2005 4
14.A.EMERGENCY SERVICES DISTRICT .................................................. 22
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 23
1.ESMDL
NGINEERING ERVICES TO ODIFY THE ESIGN OF THE EACHATE
DFCIL–GC .... 23
RAINAGE IELD OF THE LASS I NFILL INER EOSYNTEC ONSULTANTS
14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 23
November 1, 2005 5
November 1, 2005
MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, November 1, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice
Chairman Arthur R. Neuberger, Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary C.
Wheeler. Also present were Administrator Joseph A. Baird, Assistant County Attorney William
K. DeBraal, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Patricia Ridgely.
1. CALL TO ORDER
Chairman Lowther called the meeting to order.
2. INVOCATION
Ms. Bonnie Kinney, St. Helen Catholic Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Thomas S. Lowther led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
November 1, 2005 1
Chairman Lowther announced the following changes to the agenda: Item 8.C.
corrected to read “Budget Amendment” not “Constitutional Officer Financial Report …”, and
Items 9.B.1. and 10.A. each have Additional Backup.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved the amended agenda.
5. PROCLAMATIONS AND PRESENTATIONS
None.
6. APPROVAL OF MINUTES – JOINT MEETING WITH
BREVARD COUNTY COMMISSION ON AUGUST 24, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Joint Meeting with the Brevard County Commission on August 24, 2005. There were none.
ON MOTION by Commissioner Bowden, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the Minutes of the Meeting of August 24, 2005,
as written and distributed.
November 1, 2005 2
7. CONSENT AGENDA
7.A. R
EPORT
The following report has been received and is on file in the office of the Clerk to the
Board:
Report of Convictions, September 2005
7.B. AW
PPROVAL OF ARRANTS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for October 7-13, 2005, as requested.
7.C. AW
PPROVAL OF ARRANTS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for October 14-20, 2005, as requested.
7.D. 2005ECLAC
LECTION OF ONSERVATION ANDS DVISORY OMMITTEE
(CLAC)CKGVCJ
HAIRMAN EN RUDENS AND ICE HAIRMAN OSEPH
C
ARROLL
No Board action required.
November 1, 2005 3
7.E. GEFP&LG
RANT OF AN ASEMENT TO LORIDA OWER IGHT IN IFFORD
PM-PAFC’
ARK FOR ULTIURPOSE THLETIC IELD AND ARETAKERS
H
OUSE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
authorized payment of $4,086.23 to Florida Power & Light
for providing underground utility service to the caretaker’s
house and the multi-purpose field and authorized the
Chairman to sign the utility easement in favor of Florida
Power & Light, as recommended in the memorandum of
October 13, 2005.
RECORDED EASEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.F. RN.2005-179–IRCD-TL
ESOLUTION O EVELOPMENT HE AKES AT
SPI-SACL
ANDRIDGE HASE TAFF UTHORIZED TO ALL ETTER OF
C
REDIT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution No. 2005-179 declaring default by IRC
Development, L.L.C. in its obligation to complete required
improvements to the Lakes at Sandridge, Phase 1, and
authorizing staff to make sight draft against Colonial Bank,
N.A. Irrevocable Letter of Credit No. 8035507527-55.
November 1, 2005 4
7.G. RN.2005-180–DCL.P.L.-
ESOLUTION O IAMOND OURT TD
DCVS-SA
IAMOND OURT ILLAGE UBDIVISION TAFF UTHORIZED TO
CLC
ALL ETTER OF REDIT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution 2005-180 declaring default by Diamond Court
L.P., Ltd. in its obligation to complete required
improvements to the Diamond Court Village Subdivision,
and authorizing staff to make sight draft against Suntrust
Bank Irrevocable Letter of Credit No. P001425, as
amended.
7.H. RN.2005-181–MB
ESOLUTION O ISCELLANEOUS UDGET
A002
MENDMENT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution No. 2005-181 amending the fiscal year
2005-2006 budget.
7.I. FDLE(FDLE)-FY
LORIDA EPARTMENT OF AW NFORCEMENT
2005/2006BSLLEG
YRNE TATE AND OCAL AW NFORCEMENT RANTS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
November 1, 2005 5
approved the Certificate of Acceptance of Subgrant Award
for the Multi-Agency Criminal Enforcement Unit grant, in
the amount of $78,743.00, as recommended in the
memorandum of October 21, 2005.
COPY OF APPLICATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.J. CLLPFAA
HOOSE IFE ICENSE LATE UNDING NNUAL UDIT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved the annual Choose Life Specialty License Plate
Report and authorized the Chairman execute the report for
submission to the Department of Highway Safety and
Motor Vehicles, as recommended in the memorandum of
October 21, 2005.
COPY OF REPORT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. B#2006017–ABEM–
ID NNUAL ID FOR LEVATOR AINTENANCE
B&GD–SBR
UILDINGS ROUNDS IVISION OLE ID EJECTED
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously rejected
the one bid received because the bidder did not successfully
meet the specifications set forth in the Invitation to Bid, as
recommended in the memorandum of October 18, 2005.
November 1, 2005 6
7.L. MRC-WJ
ITIGATION EEF ONSTRUCTION ILKINSON AND ENKINS
CC,I.–FPR
ONSTRUCTION OMPANY NC INAL AYMENT AND ELEASE
R
OF ETAINAGE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved final payment in the amount of $9,000 and release
of retainage in the amount of $372,850.00, as
recommended in the memorandum of October 19, 2005.
7.M. FCT(FCT)GC
LORIDA OMMUNITIES RUST RANT ONTRACTS FOR
C-SFA“J’P”
OSTHARE UNDING TO CQUIRE THE ONESS IER AND
“RGRB”-LAACS
USSELL ROVE IVER UFFER ITES
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved the proposed FCT grant contracts for the “Jones’s
Pier” and “Russell Grove River Buffer” projects and
authorized the Chairman to sign the documents, as
recommended in the memorandum of October 25, 2005.
COPIES OF PARTIALLY EXECUTED GRANT CONTRACTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.N. ORBRRW–
SLO OAD RIDGE EPLACEMENTS AND OADWAY IDENING
K-H,I.-ES-PR
IMLEYORN NC NGINEERING ERVICES ARTIAL ELEASE
R
OF ETAINAGE
November 1, 2005 7
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved release of retainage in the amount of $15,821.31
to Kimley-Horn, Inc., as recommended in the
memorandum of October 21, 2005.
8.A. SHERIFF ROY RAYMOND – FY 2004-2005 BUDGET
AMENDMENT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the Sheriff’s budget amendment, as requested in
his letter of September 30, 2005.
8.B. SUPERVISOR OF ELECTIONS KAY CLEM – FINANCIAL
REPORT FOR FY 2004-2005
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously accepted
the report and the check from the Supervisor of Elections in
the amount of $100,274.22 representing unused funds in
FY 2004-2005 as transmitted in her letter of October 17,
2005.
8.C. PROPERTY APPRAISER DAVID NOLTE – BUDGET
AMENDMENT - FINANCIAL REPORT FOR FY 2004-2005
November 1, 2005 8
County Administrator Baird requested the Board table this item for a week so staff
has time to review it.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously tabled the
Property Appraiser’s final budget amendment for FY ended
September 30, 2005 for one week as requested by County
Administrator Baird.
8.D. CLERK OF COURT JEFFREY K. BARTON – FINANCIAL
REPORT FOR FY 2004-2005
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
accepted the Clerk’s report and check in the amount of
$836,477.86, in accordance with his letter of October 22,
2005.
9.A.1. PUBLIC HEARING – RESOLUTION NO. 2005-182 –
ABANDONMENT OF THE PORTION OF COCO PLUM LANE
WEST OF FRANGIPANI DRIVE – REQUESTED BY
STEWART WARD
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
November 1, 2005 9
Planning Director Stan Boling reviewed the memorandum using graphics from the
backup (pages 142 and 143) displayed on the overhead. Staff recommended that the County
abandon its rights to the subject right-of-way and authorize the Chairman to execute the proposed
resolution with the condition that the entire right-of-way be retained as a drainage and utility
easement.
The Chairman opened the public hearing.
Bill Glynn
, 12802 Barefoot Place, urged the Board’s approval.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously adopted
Resolution No. 2005-182 providing for the closing,
abandonment, vacation and discontinuance of a portion of
Coco Plum Lane lying west of Frangipani Drive, reserving
an easement over the entire right-of-way, said land lying in
Indian River County, Florida.
9.A.2. PUBLIC HEARING – ORDINANCE NO. 2005-046 – AMENDS
SECTION 400.09 – REMOVAL OF REQUIREMENT FOR A
$500.00 DEPOSIT PRIOR TO ISSUANCE OF CERTIFICATE
OF OCCUPANCY
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
November 1, 2005 10
Assistant County Attorney William K. DeBraal reviewed the memorandum of
October 13, 2005 and advised that staff recommended adoption of the ordinance.
The Chairman opened the public hearing. There were no speakers and the
Chairman closed the public hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously adopted
Ordinance No. 2005-046 amending Indian River County
Code Section 400.09, “Utility connects prohibited until
notice of Certificate of Occupancy”, providing for
eliminating the requirement of posting a $500.00 deposit
with the County for utility service prior to issuance of a
Certificate of Occupancy; providing for codification;
providing for severability; and providing for an effective
date.
9.A.3. PUBLIC HEARING – AMENDMENT TO CHAPTER 955 OF
THE CODE – MOVING OF STRUCTURES – CONTINUED TO
NEXT MEETING
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Assistant County Attorney DeBraal reviewed the memorandum of October 26,
2005, and requested the Board open the public hearing and continue it to the following meeting to
allow staff the additional time to prepare the amendment.
November 1, 2005 11
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
continued this public hearing to November 8, 2005, as
recommended in the memorandum of October 26, 2005.
9.B.1. PUBLIC DISCUSSION ITEM – KYLE WILLIAMS
REGARDING SETTLEMENT OF DEMOLITION LIEN ON
LOT 7, BLOCK 4, SPRUCE PARK SUBDIVISION
th
Kyle Williams,
3625 17 Street, Vero Beach, reviewed his letter of October 11,
2005 in the backup wherein he expressed his desire to settle the demolition lien against Lot 7,
Block 4, Spruce Park Subdivision, in order to put affordable housing there. He asked for a
reduction in the amount of the demolition lien.
Commissioner Davis inquired how Mr. Williams planned to settle the child support
judgment liens on the property, and Mr. Williams advised he had spoken with the mothers to work
it out with them.
County Administrator Baird was concerned about the $6,232.96 plus interest of
taxpayers’ money used to clear the property. He was concerned about setting a precedent and
recommended denial of the request because of the message it would send to others. He thought the
lien could be cleared with full value in the future.
Commissioner Davis understood Mr. Williams was asking for $14,000 relief of
taxpayers’ money. Commissioner Davis was opposed to a decision at this time; the County should
be the last entity with whom Mr. Williams negotiates.
Commissioner Neuberger thought the mothers should get full payment.
November 1, 2005 12
MOTION WAS MADE by Commissioner Bowden,
SECONDED by Vice Chairman Neuberger, to deny the
request of Mr. Williams.
Mr. Williams inquired if he could pay the $6,232.96 and Commissioners indicated
their objections to negotiating at this time.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (Mr. Williams request to settle was
denied.)
10. COUNTY ADMINISTRATOR’S MATTERS – HURRICANE
WILMA DEBRIS CLEAN-UP – F.E.M.A. REIMBURSEMENT –
OMNI PINNACLE, L.L.C.
County Administrator Baird reviewed the “policy” set out by the Public Works Director
(see the additional backup) as well as the estimates of debris and estimated costs for pickup. He
also speculated on what FEMA (Federal Emergency Management Agency) would pay toward the
project. He advised that in order for FEMA to reimburse for pickup in private subdivisions, the
subdivision must receive regular school bus pickup and mail service and give written permission
from the subdivision’s property owners association for the County to access their property. The
service also must be pre-approved by FEMA. He specified that this year’s debris from Hurricane
Wilma was far less than generated by Hurricanes Frances and Jeanne last year. He requested the
Board to allow staff to begin the pickup on Friday in non-private areas. The plan is to have two
passes and pickup will start in south county and proceed northward. Yard debris should be piled
on road rights-of-way but not where it would negatively impact drainage or mailboxes. The
November 1, 2005 13
private subdivision pickups would occur after all procedural requirements have been completed.
He advised that the bidder is currently negotiating with staff on a rate of $10/cubic yard. He
commented that we could hold the bidder to the $8.50/cubic yard bid made in June of this year if
the Board wishes.
Discussion ensued and information was further clarified.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Wheeler, to approve two
passes for yard debris pickup by Omni Pinnacle, L.L.C. at
the previously approved bid award price of $8.50/cubic
yard.
Commissioner Davis suggested contacting our legislators to assist in expediting FEMA’s
action in order to get all the debris cleared as quickly as possible.
With regard to the County’s regular haulers, Commissioner Neuberger took issue with the
4’ maximum and bundling requirements for yard debris.
County Administrator Baird clarified that those requirements would not be in effect for this
post-hurricane pickup. Staff will meet with the private haulers with regard to Vice Chairman
Neuberger’s concern.
Utilities Director Erik Olson stated he had been assured that there would be no size
restrictions for hurricane debris removal. He has directed accelerated garbage (spoiled food
waste) pickup. As to the local haulers, there are some physical limitations and we would like to
keep the requirements in theory, but he has spoken to representatives of both companies to be
flexible. There are a couple more years on their contracts.
County Administrator Baird concluded by advising that the regular contract haulers were
currently picking up household garbage at every house.
November 1, 2005 14
The Chairman CALLED THE QUESTION and the motion
carried unanimously.
11.J.1. UTILITIES SERVICES – PETITION SEWER SERVICE FOR A
PORTION OF NORTH INDIAN RIVER DRIVE IN SEBASTIAN
(FROM 13425 TO 13485)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the proposed project and authorized the Utility Services
Department to proceed with the engineering design work
and to negotiate a contract for survey services with one of
the approved survey consultants in preparation for the
special assessment project, as recommended in the
memorandum of September 23, 2005.
11.J.2. PUBLIC WORKS – PETITION WATER SERVICES –
TH
KANAWHA ACRES AND PROPERTIES EAST OF 49 AND
THTHTH
50 AVENUES BETWEEN 10 AND 12 STREETS IN VERO
BEACH
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the proposed project and authorized the Utility
Services Department to proceed with the engineering
design work and to negotiate a contract for survey services
November 1, 2005 15
with one of the approved survey consultants in preparation
for the special assessment project, as recommended in the
memorandum of October 3, 2005.
11.J.3. PUBLIC WORKS – BIOSOLIDS COLLECTION AND
DEWATERING FACILITY AT THE OSLO LANDFILL SITE –
UCP-2697 – CAMP DRESSER AND MCKEE, INC. – DESIGN,
PERMITTING, BIDDING AND CONSTRUCTION SERVICES –
CONTINUING CONSULTING SERVICES - WORK ORDER
NO. 2
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman Lowther for discussion, to
approve staff’s recommendation.
Commissioner Davis asked for an update on the joint facility with St. Lucie County
that the Board had approved.
Utilities Director Erik Olson explained that staff had tried for nearly a year to work
out a regional biosolids facility in St. Lucie. Unfortunately two things were a problem; Indian
River County was the only participant besides St. Lucie County and the venture needed more. Our
County’s cost would have been 50% higher by joining with them than doing it locally. The sludge
facility will now be moved to the landfill. The other problem was that the local haulers would be
affected by moving it to St. Lucie County. Taking it to the landfill eliminates that dilemma.
Improvements have been made to the Gifford facility, but the odor issue has not been satisfactorily
eliminated.
November 1, 2005 16
Commissioner Davis asked Attorney DeBraal if he would have a conflict if he voted
on this issue since he had family members in the septic business, and Attorney DeBraal ruled there
would be no conflict.
The Chairman CALLED THE QUESTION and it carried
unanimously. (The Board approved Work Order No. 2
with Camp Dresser & McKee, Inc. for design, permitting
and bidding of the biosolids collection facility at Oslo
Landfill Site in the amount of $395,390.00, and authorized
the Chairman to execute the same, as recommended in the
memorandum of September 15, 2005.)
WORK ORDER NO. 2 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY - PROPOSED SETTLEMENT OF
LAWSUIT MGD DEVELOPMENT OF FLORIDA II, LLC V.
INDIAN RIVER COUNTY – CONSIDERATION OF REQUEST
FOR REVISED PRELIMINARY PD (OCEAN SANDS
PLANNED DEVELOPMENT)
Assistant County Attorney William K. DeBraal reviewed the memorandum of
October 25, 2005, as well as the terms of the settlement. The number of units would be reduced to
60. The conservation easement would be revised to accommodate the revised site plan. North
Beach Civic Association has approved the revised PD and the Planning Department, through the
Technical Review Committee, has also approved it. The number of poolside cabanas would be
November 1, 2005 17
reduced from 12 to 6 and they would be an amenity owned wholly by an owner and would not be
available for separate rental or separate sale.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
revised PD with termination of the lawsuit with MGD
Development of Florida II, LLC, as recommended by staff
and the TRC (Technical Review Committee) and supported
by the NBCA (North Beach Civic Association).
13.E. COMMISSIONER GARY C. WHEELER’S REQUEST FOR A
RESOLUTION IN SUPPORT FOR URBAN SERVICE
BOUNDARY LEGISLATION REFERENDUM (FAILED)
Commissioner Wheeler explained the proposed resolution is to express support of
going to the Legislative Delegation on November 30 to ask for a Special Act of the Legislature
providing for amendment of the Urban Service Area only by approval of the majority of the
electorate. This would pertain only to Indian River County and would be presented on the
November ballot to our voters. He asked for the Board’s support because he believed it to be
appropriate for voters to have a voice in whether or not the USA should be expanded.
Vice Chairman Neuberger, Chairman Lowther and Commissioner Davis expressed
reasons for their opposition to this proposed resolution. They did not believe it would get support
by the legislators because the people elected their representatives to make decisions of this kind.
Commissioner Wheeler debated their viewpoints in an attempt to garner their
support.
Commissioner Bowden voiced her support; she was not afraid to put this question to
the voters.
November 1, 2005 18
Discussion and debate continued.
Community Development Director Bob Keating gave a short PowerPoint
presentation in a Q & A (questions and answers) format. (copy on file in the backup)
In support of his proposal, Commissioner Wheeler claimed we are unique but are at
risk of becoming like south Florida. He thought the Board should work together with the five
municipalities to get this on the ballot.
Vice Chairman Neuberger commented that the cities wishing to expand through
annexation would not like this.
Commissioner Wheeler advised he would work on this initiative with or without the
Board’s support; he predicted he would get the citizens’ support.
Bruce Barkett
Attorney cited past acts of previous Commissions and elected
officials and other historic events in Indian River County, most of which could not have occurred
without a referendum. He also cited passages from the Constitution and the Federalist Papers
supporting representative government so that laws would not be based on the emotions of the
public, but by elected individuals who have been provided with facts in order to make informed
decisions.
Doug Bournique
, representing the Indian River Citrus League, opposed the
methodology. He supported representative government, the Commissioners, and the County’s
great staff. The County has done a good job and he urged them to keep the power here.
Nancy Offutt
, Treasure Coast Builders Association, learned of this at a meeting in
Martin County. She spoke against the proposal because of concerns that special interests would
prevail and that it could lead to a divisive community.
(Clerk’s Note: Chairman Lowther called for a 5-minute recess at 10:28 a.m. (closed
captioning). The meeting was reconvened at 10:38 with all members present. Discussion was
resumed on Item 13.E. and the Chairman called on State Representative Ralph Poppell.)
November 1, 2005 19
Representative Ralph Poppell
opined that candidates are elected to represent the
people. He had a concern when the responsibility is shifted to those who have not been fully
informed or who do not understand the issues. He cited several referendum issues that were voted
by emotion but not by knowledge of the ramifications. He stated he would take this issue to the
Legislature in Tallahassee only if there were to be a mandate from the Commission, i.e. 5
Commissioners in favor.
Bob Pickett
, president of Indian River Neighborhood Association, was present to
support Commissioner Wheeler’s proposal. He believed the residents of the county have the right
to decide its future. The IRNA is not opposed to growth, but is opposed to unfettered growth.
Rene Renzi,
Waverly Place, supported Commissioner Wheeler’s stand on this
issue. She wished the voters could vote on beach renourishment and the consolidation of the fire
and EMS departments; it would slow down the process.
th
Jens Tripson,
2525 14 Street, Vero Beach, believed the citizens should be given
the right to vote on something as critical as expanding the USA.
rd
Dan Richey
, 2625 63 Street, believed the people elect their representatives to
make informed decisions. He believed the authority needs to stay with the Commission and he
appreciated their commitment to public service.
Amy Terry
, on behalf of the Concerned Citizens for the Future of Indian River
County, stated their mission is to promote accountability in government and they support the
elected officials in managing the issues of growth. She urged a “no” vote.
George Christopher
, Vero Beach, supported Commissioner Wheeler in this
“important issue”.
Alfred Baldwin
, Lindsey Lanes, thought the political process was “very nebulous”
and saw no harm in putting this issue to the voters.
Penny Chandler
, Chamber of Commerce, called this a property rights issue and
urged the Commissioners to vote against this proposal.
Dean Luethje,
Carter Associates, expressed his opposition to the proposed
resolution.
November 1, 2005 20
Bob Johnson
, Coralwind Subdivision, spent time looking for a good place to retire
and spent a lot of time and money to live here. He supported Commissioner Wheeler’s proposal.
Mr. Baldwin
inquired how many referenda has the County had in last the 5 years
and how the electorate responded. He thought the citizens should vote on this.
Commissioner Wheeler commented they had heard a lot of good points but thought
it is important to hear from the silent majority who do not come to these meetings. If his proposal
were to become law, he believed it would be the Board’s responsibility to inform the voters. He
noted that property rights are an issue no matter whether citizens vote on it or the Board of County
Commissioners makes a decision.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Bowden, to adopt the
proposed resolution expressing support for a Special Act of
the Florida Legislature providing for amendment of the
Urban Service Boundary area (in Indian River County)
only by approval of the majority of the electorate.
In seconding the motion, Commissioner Bowden expressed her belief in giving
citizens an opportunity to vote on major issues.
Under discussion, Chairman Lowther commented that he liked how the USA is set
up and that it is working, that he believes Indian River County is doing things right and our
planning is ahead of other counties.
Commissioner Davis commented that protecting our USA is good and that none of
the Commissioners is in favor of moving it, but he would not vote in favor of the motion.
Commissioner Neuberger believed “if it is not broken, don’t fix it”, and that the
county is growing gracefully.
November 1, 2005 21
The Chairman CALLED THE QUESTION and the motion
failed passage by a vote of 2-3 (Chairman Lowther, Vice
Chairman Neuberger, and Commissioner Davis opposed).
DOCUMENTS TO BE ADDED TO THE RECORD
(1)EC–MU–
MERGENCY ONTRACT EMORANDUM OF NDERSTANDING
SFA\[HW\]–
UPPLEMENTAL TO RANCHISE GREEMENT URRICANE ILMA
BIRCSWDDR
ETWEEN OLID ASTE ISPOSAL ISTRICT AND EPUBLIC
SF,L.P.//TCR,
ERVICES OF LORIDA DBA REASURE OAST EFUSE A
DLP
ELAWARE IMITED ARTNERSHIP
(2)EC–MU–
MERGENCY ONTRACT EMORANDUM OF NDERSTANDING
SFA\[HW\]-
UPPLEMENTAL TO RANCHISE GREEMENT URRICANE ILMA
BIRCSWDDW
ETWEEN OLID ASTE ISPOSAL ISTRICT AND ASTE
MI.F
ANAGEMENT NC OF LORIDA
(3)EO2005-01–DC8
MERGENCY RDER ECLARES A URFEW FROM PM
M,O24,2005E6T,
ONDAY CTOBER AND NDING AT AM ON UESDAY
O25,2005.\[HW\]-(RBK1952
CTOBER URRICANE ILMA ECORDED AT
PG471.)
14.A. EMERGENCY SERVICES DISTRICT
None.
November 1, 2005 22
14.B. SOLID WASTE DISPOSAL DISTRICT
1. ESMD
NGINEERING ERVICES TO ODIFY THE ESIGN OF THE
LDFCIL–
EACHATE RAINAGE IELD OF THE LASS I NFILL INER
GC
EOSYNTEC ONSULTANTS
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 and are appended to this document.
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 11:39 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
BCC/PR/2005 Minutes
November 1, 2005 23