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Home My WebLink About11/14/2006 (2) INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF NOVEMBER 14, 2006 1.CALL TO ORDER........................................................................................ 1 2.INVOCATION ............................................................................................... 1 3.PLEDGE OF ALLEGIANCE...................................................................... 1 4.ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY ITEMS ............................................................................................................ 2 5.PROCLAMATIONS AND PRESENTATIONS ....................................... 2 A.PPHTS.L ....................2 RESENTATION OF ROCLAMATION ONORING HOMAS OWTHER B.PPHAR.N ................3 RESENTATION OF ROCLAMATION ONORING RTHUR EUBERGER 6.APPROVAL OF MINUTES – NONE ........................................................ 3 7.CONSENT AGENDA ................................................................................... 3 7.A.AW–O27–N2,2006 ...............................3 PPROVAL OF ARRANTS CTOBER OVEMBER 7.B.DSDESA,IRC ORI LOSBERG RIVER DUCATION AFETY CT NDIAN IVER OUNTY TEPTF...........................................................4 RAFFIC DUCATION ROGRAM RUST UND 7.C.O--CTAPT–H&S UTOFOUNTY RAVEL TO TTEND ROPERTY AX OMESTEAD AVE OHPWM ...................................................4 UR OMES ORTABILITY ORKGROUP EETING November 14, 2006 1 7.D.AC’SACG PPOINTMENT TO THE HILDRENS ERVICES DVISORY OMMITTEE RANT RS ............................................................................................5 EVIEW UBCOMMITTEE 7.E.A-T-FTA .............................................................5 FTERHEACT RAVEL UTHORIZATION 7.F.ES/E’PI,I.,DL DDIE OOKHOODDIES ROPERTY NVESTMENTS NC EMOLITION IEN SQTS ...................................................................6 AND ETTLEMENT OF UIET ITLE UIT 7.G.T-PSAVW,S RIARTY UBLEASE GREEMENT AMONG ERIZON IRELESS PRINT S,IRCC-LT PECTRUM AND NDIAN IVER OUNTY FOR OOCATION ON OWER AT SCROP,OR....................................................................6 OUTH OUNTY LANT SLO OAD 7.H.FGLAM ....................................7 LORIDA RAPEFRUIT EAGUE SSOCIATION EMBERSHIP 7.I.OCTCA .....................................7 UT OF OUNTY RAVEL FOR THE OUNTY DMINISTRATOR 7.J.ABAIRCB#2006012NCW PPROVAL OF ID WARD FOR ID ORTH OUNTY ATER TPEPUD/W REATMENT LANT XPANSION ROJECT TILITIES EPARTMENTATER DD .............................................................................................8 ISTRIBUTION IVISION 7.K.BA:B#2007017ABSAU ID WARD ID NNUAL ID FOR ULFURIC CID TILITIES D/WDD .......................................................9 EPARTMENT ATER ISTRIBUTION IVISION 7.L.CS–A#2 ..................................................................9 USTODIAL ERVICES MENDMENT 7.M.TISD’AC ROPICAL SLE UBDIVISION EVELOPERS GREEMENT FOR ONSTRUCTION O-SSFM,AR OF FFSITE ANITARY EWER ORCE AIN PPROVAL OF ELEASE OF RFPD ................................................. 10 ETAINAGE AND INAL AYMENT TO EVELOPER 7.N.ACON.18NC CCEPTANCE OF HANGE RDER O FOR THE EW OUNTY AB .................................................................................. 10 DMINISTRATION UILDINGS 7.O.43A.SC–CO#6(CC)......... 12 RD VE UB OMPLEX HANGE RDER HILBERG ONSTRUCTION 7.P.CAOCE ONSIDERATION OF PPROVAL OF AN PTION ONTRACT XTENSION FOR PSEPSP URCHASE OF THE HADOWBROOK STATES ARCEL OF THE OUTH RONG SLAACS ................................................................................................ 12 LOUGH ITE 8.A.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE ................................................................................... 13 9.PUBLIC ITEMS .......................................................................................... 13 November 14, 2006 2 A.PUBLIC HEARINGS – .............................................................................. 13 1.PREMIER HOME FINANCIAL, LLC’S REQUEST FOR ND ABANDONMENT OF A PORTION OF 22 STREET IN ND WESTGATE COLONY EAST OF 82 AVENUE .......................................................................................... 13 (LEGISLATIVE) 9.A.2. AMENDMENT TO SECTION 201.09.D OF THE COUNTY WATER AND SEWER SERVICES ORDINANCE ( .......................................................................................... 15 LEGISLATIVE) 9.B.PUBLIC DISCUSSION ITEMS – ............................................................. 16 1.REQUEST TO SPEAK FROM CATHERINE A. THOMAS, ST FLORIDA RIDGE, REGARDING 2133 S.E. 1 COURT .................... 17 9.B.2REQUEST TO SPEAK FROM RICHARD BIALOSKY ...................... 18 9.B.3REQUEST TO SPEAK FROM BRIAN HEADY ................................... 19 9.C.PUBLIC NOTICE ITEMS ......................................................................... 21 1.NAPHN21,2006AS OTICE OF UBLIC EARING FOR OVEMBER TO MEND ECTION 101.02.1IRCC(L) ............................. 21 OF THE NDIAN IVER OUNTY ODE EGISLATIVE 10.COUNTY ADMINISTRATOR’S MATTERS – STATUS REPORT TH OF SITE AT 5925 37 STREET FOR RESIDENTIAL TREATMENT CENTER ........................................................................... 21 11.DEPARTMENTAL MATTERS................................................................ 22 November 14, 2006 3 11.A.1COMMUNITY DEVELOPMENT ........................................................... 22 1.CPFSAR, ONSIDERATION OF ROPORTIONATE AIR HARE GREEMENT WITH ALOK LLC .......................................................................................................................... 22 2.CGAAU.S.F ONSIDERATION OF RANT PPROVAL GREEMENT WITH THE ISH AND WSSRLT ILDLIFE ERVICE FOR HORELINE ESTORATION ON THE OST REE I .................................................................................................................... 24 SLANDS 11.B.EMERGENCY SERVICES - NONE ........................................................ 24 11.C.GENERAL SERVICES - NONE ............................................................... 24 11.D.HUMAN RESOURCES - NONE .............................................................. 24 11.E.HUMAN SERVICES - NONE ................................................................... 24 11.F.LEISURE SERVICES - NONE ................................................................. 24 11.G.OFFICE OF MANAGEMENT AND BUDGET - NONE ...................... 24 11.H.RECREATION - NONE ............................................................................. 25 11.I.PUBLIC WORKS ....................................................................................... 25 1.GPSH ........................................................................... 25 IFFORD ARK ECURITY OUSE 11.J.1UTILITIES SERVICES ............................................................................. 26 12.COUNTY ATTORNEY - NONE .............................................................. 27 November 14, 2006 4 13.COMMISSIONERS ITEMS ...................................................................... 27 ACHAIRMAN ARTHUR R. NEUBERGER.............................................. 28 B.VICE CHAIRMAN GARY C. WHEELER - NONE.............................. 28 C.COMMISSIONER SANDRA L. BOWDEN - NONE ............................ 28 D.COMMISSIONER WESLEY S. DAVIS .................................................. 28 E.COMMISSIONER THOMAS S. LOWTHER ........................................ 28 14.EMERGENCY SERVICES DISTRICT AND BOARDS ...................... 28 A.ESD- ................................................................ 29 MERGENCY ERVICES ISTRICT NONE 14.B. SOLID WASTE DISPOSAL DISTRICT ................................................. 29 1.ESD,PC NGINEERING ERVICES FOR ESIGN ERMITTING AND ONSTRUCTION OF FCCCE ........................ 29 THE ELLSMERE USTOMER ONVENIENCE ENTER XPANSION 14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 29 15.ADJOURNMENT ....................................................................................... 29 November 14, 2006 5 November 14, 2006 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 14, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice Chairman Gary C. Wheeler, Commissioners Sandra L. Bowden, Wesley S. Davis, and Thomas S. Lowther. Also present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Athena Adams. 1. CALL TO ORDER Chairman Neuberger called the meeting to order at 9:00 a.m. 2. INVOCATION Planning Director Stan Boling delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Chairman Arthur R. Neuberger led the Pledge of Allegiance to the Flag. November 14, 2006 1 4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY ITEMS Correction, Item 7.P., Page 144 Addition, Item 9.B.2, Request from Richard Bialosky (Request to Speak Form dated November 9, 2006). Addition, Item 9.B.3, Request from Brian Heady regarding Fred Luongo Code Enforcement fine. th Additional Backup, Item 10.A, Status report of site at 5925 37 Street for Residential Treatment Center, Memorandum dated November 9, 2006. Additional Backup, Item 11.I.1, fax dated November 13, 2006 from B-Mack Construction Company. ON MOTION by Commissioner Davis, SECONDED by Commissioner Bowden, the Board unanimously made the above changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS A. PPHTS. RESENTATION OF ROCLAMATION ONORING HOMAS L OWTHER Chairman Neuberger read and presented to Commissioner Lowther the Proclamation and a Plaque honoring him for his dedicated service to the County. Commissioner Lowther thanked everyone and appreciated the honor. November 14, 2006 2 B. PPHAR. RESENTATION OF ROCLAMATION ONORING RTHUR N EUBERGER Vice Chairman Wheeler read and presented to Chairman Arthur R. Neuberger the Proclamation honoring him for his many hours of dedicated service and outstanding contributions to the County. Chairman Neuberger thanked everyone especially those who elected him, expressing that it was been his pleasure to serve. 6. APPROVAL OF MINUTES – NONE 7. CONSENT AGENDA Commissioner Bowden asked to pull, for discussion, Item 7.B. Commissioner Wheeler asked to pull, for discussion, Items 7.B., 7.H., 7.I., 7.N., and 7.O. 7.A. AW–O27–N2,2006 PPROVAL OF ARRANTS CTOBER OVEMBER ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the time period of October 27 – November 2, 2006, as requested in the memorandum of November 2, 2006. November 14, 2006 3 7.B. DSDESA,IR ORI LOSBERG RIVER DUCATION AFETY CT NDIAN IVER CTEPTF OUNTY RAFFIC DUCATION ROGRAM RUST UND Commissioner Bowden noticed in the backup (page 12) a balance of $158,000.00 in this Fund. Finance Director Diane Bernard confirmed that Commissioner Bowden’s observation was correct. She provided a brief update on the funds and its intended use. Budget Director Jason Brown also provided an update. Commissioner Wheeler remarked that the question he had for this item, was answered. ON MOTION by Commissioner Bowden, SECONDED by Commissioner Davis, the Board unanimously accepted the Report of the Dori Slosberg Driver Education Safety Act as presented under cover of memorandum dated November 2, 2006. 7.C. O--CTAPT– UTOFOUNTY RAVEL TO TTEND ROPERTY AX H&SOHPW OMESTEAD AVE UR OMES ORTABILITY ORKGROUP M EETING ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously approved out-of-county travel for Commissioner Davis and appropriate staff to attend a meeting of the Florida November 14, 2006 4 Association of County Property Tax – Homestead & Save Our Homes Portability Workgroup, on Monday, November 20, 2006 at the Hyatt Orlando Airport, as requested in the memorandum of November 8, 2006. 7.D. AC’SA PPOINTMENT TO THE HILDRENS ERVICES DVISORY CGRS OMMITTEE RANT EVIEW UBCOMMITTEE The appointment of I. Linda Sposato to the Children’s Services Advisory Committee Grant Review Subcommittee was noted for the record. 7.E. A-T-FTA FTERHEACT RAVEL UTHORIZATION ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously authorized after-the-fact travel and reimbursement for mileage associated with a trip to the Florida Atlantic University (FAU) Jupiter Campus to Vice Chairman Wheeler, who participated in the FAU Florida Public Officials Design Institute at Abacoa on November 2 & 3, 2006, as requested in the memorandum of November 8, 2006. November 14, 2006 5 7.F. ES/E’PI,I., DDIE OOKHOODDIES ROPERTY NVESTMENTS NC DLSQTS EMOLITION IEN AND ETTLEMENT OF UIET ITLE UIT ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously authorized the Chairman to sign the Release of Lien and cause it to be recorded in the Public Records of Indian River County, as recommended in the memorandum of November 8, 2006. RECORDED RELEASE OF LIEN IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.G. T-PSAVW, RIARTY UBLEASE GREEMENT AMONG ERIZON IRELESS SS,IRCC-L PRINT PECTRUM AND NDIAN IVER OUNTY FOR OOCATION TSCROP,OR ON OWER AT OUTH OUNTY LANT SLO OAD ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously approved and authorized the Chairman to execute the Tri-Party Sublease Agreement among Verizon Wireless Personal Communications LP d/b/a Verizon Wireless, Sprint Spectrum, LP, and Indian River County for co-location on tower at South County RO Plant, Oslo Road, as recommended in the memorandum of November 7, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD November 14, 2006 6 7.H.FGLAM LORIDA RAPEFRUIT EAGUE SSOCIATION EMBERSHIP Commissioner Wheeler asked why this money could not be taken from the tourist tax dollars. Administrator Baird responded, stating that it could be paid out of the tourist tax. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bowden, for funds to come out of the Tourist Tax. Discussion ensued on where the funds should come from. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board approved joining the Florida Grapefruit League Association; and approved a budget amendment in the amount of $1,000 to cover the membership dues, and in the amount of $1,500.00 to cover the County Administrator’s travel to attend Association meetings with funding to be taken from the Tourist Tax, all as recommended in the memorandum of November 7, 2006. 7.I.OCTCA UT OF OUNTY RAVEL FOR THE OUNTY DMINISTRATOR November 14, 2006 7 Commissioner Wheeler questioned the benefits and expectations of the Conference. Administrator Baird said it was just for his continuing education hours necessary to maintain the Government Finance Officer Certification. He also disclosed that the Seminar is free. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved out-of-County travel for the County Administrator to attend the East Coast Not-For-Profits Derivatives Conference, December 7-8, 2006 in Naples, Florida, and the Florida Grapefruit League Association meeting on December 5, 2006 in Orlando, Florida, all as requested in the memorandum of November 7, 2006. 7.J.ABAIRCB#2006012NC PPROVAL OF ID WARD FOR ID ORTH OUNTY WTPEPU ATER REATMENT LANT XPANSION ROJECT TILITIES D/WDD EPARTMENTATER ISTRIBUTION IVISION ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously awarded the Bid to Poole and Kent Company of Florida as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; and authorized the Chairman to sign the contract after receipt, review, and approval of the insurance certificates and payment and performance bonds, by the Risk Manager and the County Attorney’s Office, respectively, all as recommended in the memorandum of September 19, 2006. November 14, 2006 8 AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.K.BA:B#2007017ABSA ID WARD ID NNUAL ID FOR ULFURIC CID UD/WDD TILITIES EPARTMENT ATER ISTRIBUTION IVISION ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously: (1) awarded the annual contract to Shrieve Chemical Co., as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; (2) approved the Establishment an Open End Contract for the period November 1, 2006 through September 30, 2007 with a projected expenditure for FY 2006/2007 of $80,000.00, with the new Bid price reflecting a 17% unit price increase over the last (FY 2006/2007) bid; and (3) Authorized the Purchasing Manager to renew this contract for three (3) additional one (1) year periods subject to satisfactory performance, zero cost increase, vendor acceptance and the determination that renewal of this annual contract is in the best interest of the County, as recommended in the memorandum of November 6, 2006. 7.L. CS–A#2 USTODIAL ERVICES MENDMENT ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously approved November 14, 2006 9 Amendment #2 to the Beachland Cleaning of Vero Beach agreement and authorized the County Administrator to execute same, with funding as specified and as recommended in the memorandum of November 6, 2006. AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.M.TISD’A ROPICAL SLE UBDIVISION EVELOPERS GREEMENT FOR CO-SSFM, ONSTRUCTION OF FFSITE ANITARY EWER ORCE AIN ARRFP PPROVAL OF ELEASE OF ETAINAGE AND INAL AYMENT TO D EVELOPER ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously approved the Application for Pay Request No. 2 as final payment to Atlantic Coast Construction and Development Company in the amount of $4,465.61, as recommended in the memorandum of October 26, 2006. 7.N.ACON.18NC CCEPTANCE OF HANGE RDER O FOR THE EW OUNTY AB DMINISTRATION UILDINGS Commissioner Wheeler referred to the backup (page 106), which stated, “The original plans included extensive work for the design of the Smoke Evacuation System in both November 14, 2006 10 Buildings 1 and 2.” He questioned whether the design was done right initially because they are now finding out that it was not extensive enough and $62,064.00 was now needed to improve the system. Project Manager Steve Blum explained that it was an extremely complex aspect of the building that has to do with the two large Atriums in each building. He also explained the sequencing of automatic doors that were not functioning properly. Commissioner Wheeler thinks it is a good system but was concerned with the County having to foot the bill for something that should have been done correctly the first time. Discussion ensued regarding who should foot the bill, if it is the designer’s fault. MOTION WAS MADE BY Commissioner Wheeler, SECONDED by Commissioner Bowden, to approve staff’s recommendation. Administrator Baird said staff was also concerned but understood that it is a big complex and adjustments are to be expected. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board approved Change Order No. 018, and authorized the County Administrator to execute the Change Order that will then result in a decrease to the Owner’s Contingency by $62,064.00 with no change to the GMP, as recommended in the memorandum of November 8, 2006. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD November 14, 2006 11 7.O.43A.SC–CO#6(C RD VE UB OMPLEX HANGE RDER HILBERG C) ONSTRUCTION Commissioner Wheeler wanted to know, “what the water cooler is.” Project Manager Lynn Williams explained that it involves two (2) (drinking) water coolers because of handicap accessibility and the plumbing that runs the water line and drain line for it. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowden, the Board unanimously approved Change Order #6 with Chilberg Construction, in the amount of $39,996.72, and authorized the County Administrator to execute same, as recommended in the memorandum of November 6, 2006. CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7.P. CAOC ONSIDERATION OF PPROVAL OF AN PTION ONTRACT EPSE XTENSION FOR URCHASE OF THE HADOWBROOK STATES PSPSLAACS ARCEL OF THE OUTH RONG LOUGH ITE November 14, 2006 12 ON MOTION by Commissioner Lowther, SECONDED by Commissioner Bowden, the Board unanimously approved the “Second Amendment to Option Agreement for Sale and Purchase” of the Shadowbrook Estates, Inc., parcel, and authorized the Chairman to execute the amendment, as recommended in the memorandum of November 8, 2006. SECOND AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 9. PUBLIC ITEMS A.PUBLIC HEARINGS – 1. PREMIER HOME FINANCIAL, LLC’S REQUEST FOR ND ABANDONMENT OF A PORTION OF 22 STREET IN ND WESTGATE COLONY EAST OF 82 AVENUE (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling, by use of overhead projection, pointed out the subject rights-of-way to be considered. He provided background on the request for abandonment November 14, 2006 13 by recapping his memorandum of November 6, 2006. He asked the Board to approve staff’s recommendation. Commissioner Wheeler sought answers to the following concerns: (1) “… when we do this and that property is added to those lots, does the Property Appraiser take that into consideration?” and (2) “How does that work with save our homes 3%; is it brought into the new value or the old value?” Director Boling did not know the answer to the second question but answered the first, noting that it goes through the Property Appraiser’s mapping department and it does become part of the lot. The Chairman opened the public hearing. th Charles Strawder, 2176 80 Avenue, felt the right-of-way should be changed to easement, and he should get some benefit from the 35-foot right-of-way. He also did not see the need for the 35 feet and think they should settle for 15 feet. Director Boling provided insight explaining that this was recommended through the staff review for the drainage and utility easement and was not aware of any plans to improve it. On the matter of benefits a proper owner could get from having a property adjacent to them converted to a right-of-way easement, he said the real benefit is always setbacks for build-ability. Commissioner Davis understood Mr. Strawder’s arguments but felt that to give up the opportunity to address a future need, prudence tells him to retain the area for an easement. Joseph Schulke , Schulke Bittle and Stoddard, Civil Engineer, representing the applicant for the right-of way abandonment, specified that there is a water main that goes between November 14, 2006 14 thth 79 & 80 Avenue which is probably about 15 – 20 feet north. He briefly discussed the water main within the easement and explained the benefits to be had. There were no additional speakers and the Chairman closed the public hearing. On Motion by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved Resolution 2006-180 providing for the closing, abandonment, vacation and discontinuance of a portion of ndnd 22 Street lying east of 82 Avenue, reserving an easement over the entire right-of-way, said land lying in Indian River County, Florida. 2. AMENDMENT TO SECTION 201.09.D OF THE 9.A. COUNTY WATER AND SEWER SERVICES ORDINANCE ( LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Erik Olson Director of Utilities explained the request for amendment to the County’s Ordinance. He asked the Board to open the Public Hearing to receive input. Commissioner Wheeler remarked that this is a rental property where the mobile homeowners lease the land they occupy, and if the County makes a loan to the mobile homeowner and not the owner of the Park what happens if the Park goes out of business and they decide to build condominiums there. He asked whether the tenants would still be responsible for that money loan. November 14, 2006 15 Director Olson explained that the Association physically owns the “dirt” which they currently have mortgages on. Commissioner Davis asked whether they would lien individual lots. Director Olson responded, “No”, and that any contractual agreements would be with the Association. The Chairman opened the public hearing. There were no speakers and the Chairman closed the public hearing. On Motion by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board adopted Ordinance 2006-038 amending Section 201.09.D of the County’s County water and sewer services ordinance; providing findings; amending Section 201.09.D of the Code to set forth the circumstances whereby Indian River County will allow the time payment of capacity and certain other charges over twenty years to a private community required by FDEP to connect to the County water system; providing for severability; providing for repeal of other conflicting ordinances; providing for inclusion in the code of ordinances of Indian River County; providing for filing with the Department of State; and providing an effective date. 9.B. PUBLIC DISCUSSION ITEMS – November 14, 2006 16 1.REQUEST TO SPEAK FROM CATHERINE A. THOMAS, ST FLORIDA RIDGE, REGARDING 2133 S.E. 1 COURT nd Catherine Thomas , 2109 SE 2 Avenue, asked the Board to make a final decision st to demolish the old house at 2133 SE 1 Court. Ms. Thomas showed pictures depicting deplorable conditions existing on the property. She outlined numerous problems associated with the structure and asked the Board not to let this become another “Barton” issue. She urged the Board not to extend the work permit but to issue a stop order and vote “yes” for demolition of the property. Building Official James “Buddy” Akins, informed the Board that he conducted an inspection yesterday and found windows, roof, floor plan, among other things, to be in compliance. However there were other matters that have to be addressed such as construction debris scattered over the site. MOTION WAS MADE by Commissioner Lowther, SECONDED by Commissioner Davis, for discussion, to continue the demolition process. Mr. Akins, in response to Commissioner Davis’ question, …”What’s your recommendation”, recommended that they follow the demolition requirements that were set out on August 17, 2006. Discussion ensued regarding how long the demolition process would take if they decided to go that way. In response to questions from Commissioner Davis, County Attorney Collins provided legal opinion on what “they” could do legally to stop the demolition from going forward, as well as how to proceed, whether with demolition or extend the permit to complete the renovations. Discussion ensued on whether the house could be completed in 60 days. November 14, 2006 17 Discussion ensued regarding having a Bond in place in case this happens again, and whether there was additional liability. The Chairman felt there was some value there and favored granting another 60-days extension. Bob Johnson , Coral Wind Subdivision asked about the property value and whether the builders could put up a Bond now. Discussion continued regarding a lien on the property. The Chairman CALLED THE QUESTION. By a vote of 4-1 (Commissioner Neuberger opposed), the Board approved to move forward with the demolition process. 9.B.2 REQUEST TO SPEAK FROM RICHARD BIALOSKY (Clerk’s Note: this item is an addition to the Agenda) Richard Bialosky , Oyster Shell Lane, informed the Board about a Conference planned for December 6, 2006, on Traditional Planning Principles to discuss controlled growth and what is wanted in Indian River County. He expressed that the Board has a scheduled meeting with St. John’s River Water Management District on the same day that conflicts with what they are doing. He asked the Board to consider rescheduling the meeting with St. John’s. He outlined the issues to be discussed at their meeting, including those that pertain to the County. November 14, 2006 18 There was a brief discussion on how this matter should have been presented to the Board. There was also further discussion on how best to handle this request without having to reschedule any of the meetings. There was CONSENSUS to have the Alternative Water Workshop on its scheduled date (12/6/06) but change the start time from 2:00 p.m. to 3:00 p.m. ending at 5:00 p.m. 9.B.3 REQUEST TO SPEAK FROM BRIAN HEADY (Clerk’s Note: this item is an addition to the Agenda) Brian Heady drew reference to his prior appearance before the Board on November 7, 2006 regarding proper procedures and constructive notice of a hearing (regarding Code Citation issued to his client Fred Luongo). He disclosed that the document in question was never produced to his client; he did not get a signed copy of the notification; there were no misdemeanor charges filed against the respondent; and, his client never had due process. He asked that the $200 fine be sent back to his client and the judgment be rescinded. Administrator Baird said staff could not locate documents in their files to give to Mr. Heady and they had also contacted the Sheriff’s Office but did not get the documents. Assistant County Administrator Mike Zito discussed the unconventional way the public request was made for the documents. He asked if there is an appeal of the order and sought to have legal opinion on that. November 14, 2006 19 Commissioner Wheeler felt maybe a possible solution would be to give back the $200 and start the process again; re-file the charges, re-serve the violator and bring him back before the Code Enforcement Board, as it appears there is no documentation. Discussion ensued regarding the process to be followed and whether they were circumventing the process. Attorney Collins felt the simple solution would be to send back the money, re-cite Mr. Luongo, and have him served and get it documented, and have a hearing. Motion WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Davis, for discussion, to rescind the judgment, return the $200.00 to Mr. Luongo and re-file the charge. Commissioner Davis concurred with Attorney Collins’ opinion. More discussion ensued regarding how the process was handled and how to proceed. The Chairman CALLED THE QUESTION. The Motion carried unanimously to rescind the judgment, return the $200.00 to Mr. Luongo, re-file the code violation and document and retain proper records. The Chairman called for a break at 10:30 a.m., and reconvened the meeting at 10:43 a.m. with Commissioner Davis and Administrator Baird absent. November 14, 2006 20 9.C. PUBLIC NOTICE ITEMS 1. NAPHN21,2006 OTICE OF UBLIC EARING FOR OVEMBER TO AS101.02.1IRCC MEND ECTION OF THE NDIAN IVER OUNTY ODE (L) EGISLATIVE 10. COUNTY ADMINISTRATOR’S MATTERS – STATUS TH REPORT OF SITE AT 5925 37 STREET FOR RESIDENTIAL TREATMENT CENTER (Clerk’s Note: this item is an addition to the Agenda) \[Clerk’s note: this item was heard after Item 11.A.1 while the Board awaited the return of Administrator Baird who returned at 10:44 a.m.\] Planning Director Stan Boling recalled that Michael O’Haire appeared before the Board last week and discussed the appeal, which should go before the Planning and Zoning Board on December 14, 2006. Based on provisions of the appeal, staff will not be allowed to occupy the site as a residential treatment center during the appeal process. Mr. O’Haire recapped his complaint remarking that staff was bending the rules in order to favor a cause that staff was prepared to champion. He felt the Board was being manipulated by staff and asked them not to bend the rules to please staff at the expense of the community. November 14, 2006 21 Administrator Baird and Mr. O’Haire exchanged arguments regarding who was circumventing the process. Commissioner Davis Moved for staff’s recommendation and felt he was not in a position to make any judgment based on what he had heard. There was no Second to the Motion. No action was required or taken on this item. 11. DEPARTMENTAL MATTERS 11.A.1 COMMUNITY DEVELOPMENT 1. CPFSA ONSIDERATION OF ROPORTIONATE AIR HARE GREEMENT R,LLC WITH ALOK (Clerk’s Note: this item was heard before Item 10, to await the return of the County Administrator). Community Development Director Bob Keating explained that this is first proportionate share mitigation agreement. (Administrator Baird rejoined the meeting at 10:44 a.m.) Director Keating recapped his memorandum of October 26, 2006 and asked the Board to consider the request and approve staff’s recommendation. (Commissioner Davis rejoined the meeting at 10:45 a.m.) Commissioner Davis questioned whether staff had looked at and compared our agreement with other fair share agreements signed throughout the State. Director Keating November 14, 2006 22 explained that staff used the model ordinance that Center for Urban Transportation and Research (CUTER) prepared in conjunction with DOT, to structure our ordinance. Bob Johnson , Coral Wind Subdivision, asked if we had gone through the steps to approve the Ordinance for proportionate share, expressing that $27,000.00 seemed hardly enough to pay for proportionate share for the link from Oslo Road. Director Keating explained how the project is structured. Assistant Public Works Director/Traffic Engineer Chris Mora provided further data on the project, which is to create 900 new trips. Discussion ensued regarding what would happen if they wait 5-years or not to do the project. On Motion by Commissioner Davis, SECONDED by Commissioner Wheeler, the Board unanimously approved the Proportionate Fair Share Agreement between the County and Ralok, LLC and authorized the Chairman to execute same, as recommended in the memorandum of October 26, 2006. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD November 14, 2006 23 2. CGAAU.S. ONSIDERATION OF RANT PPROVAL GREEMENT WITH THE FWSSR ISH AND ILDLIFE ERVICE FOR HORELINE ESTORATION ON LTI THE OST REE SLANDS On Motion by Commissioner Wheeler, SECONDED by Commissioner Davis, the Board unanimously approved and authorized the County Administrator to execute the Grant Agreement on behalf of the County; and, authorized staff to issue a Request for Proposals (RFP) for professional services to develop a detailed restoration and passive recreation plan (“passive recreation plan”) for the Lost Tree Islands as a part of the Grant project, as recommended in the memorandum of November 7, 2006. 11.B. EMERGENCY SERVICES - NONE 11.C. GENERAL SERVICES - NONE 11.D. HUMAN RESOURCES - NONE 11.E. HUMAN SERVICES - NONE 11.F. LEISURE SERVICES - NONE 11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE November 14, 2006 24 11.H. RECREATION - NONE 11.I. PUBLIC WORKS 1. GPSH IFFORD ARK ECURITY OUSE Administrator Baird outlined the recommendation and provided a status report. Public Works Director Jim Davis explained the Bid received and staff’s subsequent rejection of it. He outlined the problems experienced with some bids and gave the Board two (2) options, to either award the project to Michael Schlitt Construction, or have a third bidding. He recommended waiving a third bidding procedure and awarding the Bid to Michael Schlitt. Director Davis responded to questions from Chairman Neuberger regarding the items not included by B-Mack for one of his ‘fills’. Brian McKenney , B-Mack Construction, Inc., gave his understanding of the Bidding process. He said one of the reasons he was before the Board was because there was conversation that his bid was refused because it was incomplete. He said he never got a follow-up comment on any changes/revisions to the Bid. He invited question from anyone. Cathy Summerlin, with Michael Schlitt Construction, supported awarding the Bid to Michael Schlitt. Mr. McKenney in his defense said his years of experience should attest to his reliability. November 14, 2006 25 Director Davis and Administrator Baird responded to Commissioner Wheeler’s questions about underground utilities and who pays to put them in; whether materials bought were done through the County to save on sales tax; and, why could they not put a modular home there like we have done in other areas. There was also discussion regarding impact fees and the success of the Bid since its inception. Chairman Neuberger pointed out the alternatives Motion WAS MADE by Commissioner Wheeler SECONDED by Commissioner Davis for discussion, to re-bid the project. Commissioner Davis discussed when the proposal was submitted and felt that for the integrity of the bidding process they could change the date if that is all they needed to do. Director Davis also suggest they waive the payment and performance bond. The Chairman CALLED THE QUESTION. The Motion carried 4-1 (Commissioner Bowden opposed), to re-bid the project. 11.J.1 UTILITIES SERVICES 1. Vero Lake Estates Water / Sewer / Road Survey Director of Utilities Erik Olson apprised the Board of prior actions on this matter, as well as its current status. Staff recommends that the additional water trunk lines be installed for November 14, 2006 26 future water transmission requirements. He asked the Board to approve that they proceed with the process. Commissioner Wheeler questioned the fee of $11.25 per front footage, asking if there was any breakdown between lot owners and residents, and whether the numbers were overwhelming when the difference is looked at. Director Olson provided answers. Motion WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Davis, to approve staff’s recommendation. Commissioner Davis discussed the issue of where the trunk lines run. Director Olson, by use of slide, pointed out the subject area that encompasses the proposed project site. Commissioner Davis thinks they are preparing themselves for the future. The Chairman CALLED THE QUESTION. The Motion carried unanimously approving that additional water trunk lines be installed for future water transmission requirements. Individuals wishing to connect to a transmission trunk line would be charged the standard line extension fee of $11.25, per front footage of the lot, as recommended in the memorandum of November 7, 2006. 12. COUNTY ATTORNEY - NONE 13. COMMISSIONERS ITEMS November 14, 2006 27 A CHAIRMAN ARTHUR R. NEUBERGER Chairman Neuberger thanked County staff, especially Executive Aide Kim Massung, who worked hard to make him look good. B. VICE CHAIRMAN GARY C. WHEELER - NONE C. COMMISSIONER SANDRA L. BOWDEN - NONE D. COMMISSIONER WESLEY S. DAVIS Commissioner Davis said it has been a pleasure serving with the Chairman and Commissioner Lowther. He thanked the Chairman for his service on the Board. E. COMMISSIONER THOMAS S. LOWTHER Commissioner Lowther said it was his pleasure serving the Chairman for the past years, and truly believed that Indian River County is a great place to live. He agreed that staff has done a tremendous job with Indian River County. 14. EMERGENCY SERVICES DISTRICT AND BOARDS November 14, 2006 28 A. ESD- MERGENCY ERVICES ISTRICT NONE 14.B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the Board of County Commissioners Meeting, 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. 1. ESD,P NGINEERING ERVICES FOR ESIGN ERMITTING AND CFCC ONSTRUCTION OF THE ELLSMERE USTOMER ONVENIENCE CE ENTER XPANSION 14.C. ENVIRONMENTAL CONTROL BOARD - NONE 15. ADJOURNMENT 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 November 14, 2006 29 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:33 a.m. ATTEST: _________________________________ ________________________________ Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman Minutes Approved: _________________ BCC/AA/2006 Minutes November 14, 2006 30