HomeMy WebLinkAbout11/15/2005
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 15, 2005
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.A.PROCLAMATION DESIGNATING NOVEMBER 20-26, 2005 AS
CHRISTIAN HERITAGE WEEK IN INDIAN RIVER COUNTY ....... 2
5.B.PROCLAMATION DESIGNATING NOVEMBER 15, 2005 AS
NATIONAL PHILANTHROPY DAY ....................................................... 2
5.C.PROCLAMATION DESIGNATING THE WEEK OF
THANKSGIVING 2005, AS INDIAN RIVER COUNTY
MAYFLOWER DAY .................................................................................... 3
5.D.PROCLAMATION DESIGNATING NOVEMBER 18-24, 2005 AS
NATIONAL FARM-CITY WEEK ............................................................. 3
November 15, 2005 1
5.E.PROCLAMATION HONORING JOYCE
JOHNSTON-CARLSON ON HER RETIREMENT FROM
INDIAN RIVER COUNTY HUMAN SERVICES & THE
CHILDREN’S SERVICES ADVISORY COMMITTEE ........................ 3
6.APPROVAL OF MINUTES – NONE ........................................................ 3
7.CONSENT AGENDA ................................................................................... 3
7.A.AW–O28,2005–N3,2005 .....................3
PPROVAL OF ARRANTS CTOBER OVEMBER
7.B.C’QIR–J1,2005-S30,
LERKS UARTERLY NVESTMENT EPORT ULY EPTEMBER
2005–IAC .............................................................4
NVESTMENT DVISORY OMMITTEE
7.C.DSDESA-TE
ORI LOSBERG RIVER DUCATION AFETY CT RAFFIC DUCATION
PTFR–O1,2002S30,
ROGRAM RUST UND EPORT CTOBER THROUGH EPTEMBER
2005 ............................................................................................................................4
7.D.R2005-188-ACLC–
ESOLUTION UTHORIZATION TO ALL ETTER OF REDIT
APGL.L.C.–APS .............5
MELIA LANTATION ROUP MELIA LANTATION UBDIVISION
7.E.AN.2–AS–NM,I.–
DDENDUM O GREEMENT FOR ERVICES ICK ILLER NC
MARRMP–O
URPHY CT ESERVATION AND ELEASE APPING ROJECT RIGINAL
IRCPN.0360 ..............................................................................................5
ROJECT O
7.F.ORBRRWE
SLO OAD RIDGE EPLACEMENT AND OADWAY IDENING NGINEERING
S–AN.6–20”WMUDS
ERVICES MENDMENT O ATER AIN TILITY ESIGN ERVICES
–K-HA,I. ....................................................................6
IMLEYORN AND SSOCIATES NC
7.G.RBN.2006024-PN.9705B–(CR606)O
EJECTION FOR ID O ROJECT O SLO
RL“J”CBR .................................................6
OAD ATERAL ANAL RIDGE EPLACEMENT
7.H.CELSAI
IVIL NGINEERING AND AND URVEYING GREEMENT FOR NTERSECTION
I58ASR60AN.2–
TH
MPROVEMENTS AT VENUE AND MENDMENT O
K-HA,I. .....................................................................7
IMLEYORN AND SSOCIATION NC
7.I.DRC-SAIR
UNE ESTORATION OSTHARE GREEMENT BETWEEN NDIAN IVER
CJ’I–K-HA,I.–B
OUNTY AND OHNS SLAND IMLEYORN AND SSOCIATES NC EACH
PF–FDE
RESERVATION UND LORIDA EPARTMENT OF NVIRONMENTAL
P ...............................................................................................................7
ROTECTION
November 15, 2005 2
7.J.IAIRCS
NTERLOCAL GREEMENT BETWEEN NDIAN IVER OUNTY AND EBASTIAN
ITD–S1&2BR .............................8
NLET AX ISTRICT ECTORS EACH ENOURISHMENT
7.K.FIND(FIND)PA
LORIDA NLAND AVIGATION ISTRICT ROJECT GREEMENT
IR-05-39PII-AJTSSP ............8
HASE UNGLE RAIL HORELINE TABILIZATION ROJECT
7.L.BA#2006021–ABAP
ID WARD NNUAL ID FOR SPHALT AVING AND
R–PWD/RBD–
ESURFACING UBLIC ORKS EPARTMENTOAD AND RIDGE IVISION
DF,I.,CAC,E
ICKERSON LORIDA NC OMMUNITY SPHALT ORPORATION LMO
G&S,LLC,RC.................................................9
REER ONS AND ANGER ONSTRUCTION
7.M.CAIRCT
ONTRACT MENDMENT BETWEEN NDIAN IVER OUNTY AND URNER
CCCMS
ONSTRUCTION OMPANY FOR ONSTRUCTION ANAGEMENT ERVICES FOR
PNEOC(EOC) .................................. 10
ROPOSED EW MERGENCY PERATIONS ENTER
7.N.AWFBPS
UTHORIZATION TO AIVE THE ORMAL ID ROCESS FOR THE OUTH
CWPRR–ECC. .......... 10
OUNTY ATER LANT OOF EPLACEMENT NERGY OATINGS ORP
7.O.GSWAP–CO
REENLEAF UBDIVISION ATER SSESSMENT ROJECT HANGE RDER
N.1FPC–DC ................. 11
O AND INAL AYMENT TO ONTRACTOR ANELLA OMPANIES
7.P.JE’MSNPL
OYAL NTERPRISES REQUEST TO ODIFY TREET AMES FOR ARK ANE
ES ............................................................................................. 11
STATES UBDIVISION
7.Q.ELACS-T
NVIRONMENTAL AND CQUISITION ONSULTANT ERVICES HE
CF ............................................................................................. 11
ONSERVATION UND
7.R.UCFGA–F
RBAN AND OMMUNITY ORESTRY RANT GREEMENT LORIDA
DACS–T
EPARTMENT OF GRICULTURE AND ONSUMER ERVICES REE
RORCASLLAACS ......................................... 12
ESTORATION AT THE OUTH INK ITE
7.S.ORBRRWE
SLO OAD RIDGE EPLACEMENT AND OADWAY IDENING NGINEERING
SAN.7–CS–OR(CR
ERVICES MENDMENT O ONSTRUCTION ERVICES SLO OAD
606)L“J”CBR–K-H
ATERAL ANAL RIDGE EPLACEMENT IMLEYORN AND
A,I. ..................................................................................................... 12
SSOCIATES NC
7.T.AFSHAHR
PPROVAL OF THE IRST ET OF OME GAIN OUSING EHABILITATION
B:TMD(20367C,SW);SA(2155
TH
IDS OMMY COUGALD OURT HIRLEY LLEN
15S,SW);JHJ.(634584P)-R
THTH
TREET AMES AGANS R LACE OSS
C ........................................................................................................ 13
ONSTRUCTION
November 15, 2005 3
7.U.PHJJ-CR
ROCLAMATION ONORING OYCE OHNSTONARLSON ON HER ETIREMENT
IRCHS&C’S
FROM NDIAN IVER OUNTY UMAN ERVICES THE HILDRENS ERVICES
AC ............................................................................................ 14
DVISORY OMMITTEE
8.A.CLERK OF CIRCUIT COURT’S REVISED FINANCIAL
REPORT FOR FISCAL YEAR 2004-2005 – JEFFREY K.
BARTON ...................................................................................................... 14
8.B.PROPERTY APPRAISER’S BUDGET AMENDMENT #2 FOR
THE YEAR ENDING SEPTEMBER 30, 2005 – DAVID C. NOLTE
........................................................................................................................ 14
8.C.PROPERTY APPRAISER’S REQUEST TO ACQUIRE A NEW
CAMA SYSTEM – SOFTWARE TECHNIQUES, INC. – DAVID
C. NOLTE .................................................................................................... 15
9.A.1.PUBLIC HEARING – RESOLUTION 2005-189 –
ND
RIGHT-OF-WAY ABANDONMENT – A PORTION OF 42
PLACE (A 20’ WIDE ALLEY) BETWEEN LOTS 42 AND 43 OF
PINSON SUBDIVISION – FRED WENISCH(LEGISLATIVE) ....... 16
9.A.2.PUBLIC HEARING – PURCHASE OF THE DIAMOND TRACT
– ORCA SOUTH SITE UNDER THE COUNTY
ENVIRONMENTAL LANDS PROGRAM (LAAC) – JCL
INVESTMENTS GROUP, INC. - FLORIDA COMMUNITIES
TRUST (FCT) .............................................................................................. 17
9.A.3.PUBLIC HEARING – ORDINANCE 2005-048 – AMENDING
CHAPTER 401, BUILDING CODES AND ADDING CHAPTER
November 15, 2005 4
403, THE INTERNATIONAL PROPERTY MAINTENANCE
CODE ............................................................................................................ 18
9.B.1.PUBLIC DISCUSSION ITEM – JOSEPH PALADIN’S REQUEST
TO DISCUSS LAND DEVELOPMENT REGULATION 911 (LDR)
MODIFICATIONS ..................................................................................... 19
9.B.2.PUBLIC DISCUSSION ITEM – JOSEPH PALADIN’S REQUEST
TO DISCUSS RIGHTS-OF-WAY ............................................................ 20
11.A.1.COMMUNITY DEVELOPMENT – CONSIDERATION OF
SCHOOL DISTRICT MEMORANDUM OF UNDERSTANDING
FOR ADMINISTRATION OF THE DEPARTMENT OF
COMMUNITY AFFAIRS (DCA) SCHOOL CONCURRENCY
GRANT ......................................................................................................... 20
11.A.2.PLANNING AND ZONING COMMISSION
RECOMMENDATION ON DEVELOPMENT PROJECT
NOTICE – POSTING SIGNS .................................................................... 21
11.A.3.CONSIDERATION OF SCHOOL CONCURRENCY
CONSULTANT SELECTION COMMITTEE
RECOMMENDATION – KIMLEY-HORN AND ASSOCIATES,
INC. - DEPARTMENT OF COMMUNITY AFFAIRS – FLORIDA
LEGISLATURE 2005 GROWTH MANAGEMENT LAW (SB360) ... 23
11.C.1.JOINT USE LIBRARY INTERLOCAL AGREEMENT AND
LEASE - INDIAN RIVER COMMUNITY COLLEGE ........................ 24
November 15, 2005 5
11.I.1.PUBLIC WORKS – FINAL DESIGN AND PLANS
TH
PREPARATION - CR 510 FROM CR 512 TO EAST OF 75
COURT – STANLEY CONSULTANTS, INC. ....................................... 24
11.I.2.DUNE RESTORATION CONSTRUCTION ACCESS
AGREEMENT – DISNEY RESORT ....................................................... 25
12.A.COUNTY ATTORNEY – APPEAL FROM STAFF’S DENIAL OF
REQUEST FOR NEW IMPACT FEE INCREASE EXEMPTION
ADAMS HOMES OF NORTHWEST FLORIDA, INC. – DONNA
ASTAPHAN-CASTILLO AND ADAMS HOMES ON BEHALF
OF NATALIE S. BROMFIELD ................................................................ 25
12.B.COUNTY ATTORNEY – APPEAL FROM STAFF’S DENIAL OF
REQUEST FOR NEW IMPACT FEE INCREASE EXEMPTION
PRYOR HOMES, INC. ON BEHALF OF ELIGHA PRYOR, SR. ..... 25
12.C.COUNTY ATTORNEY - APPEAL FROM STAFF’S DENIAL OF
REQUEST FOR NEW IMPACT FEE INCREASE EXEMPTION
TOM SCOTT - INLET AT SEBASTIAN, BUILDINGS C AND D ..... 26
12.D.COUNTY ATTORNEY - REQUEST TO WAIVE INTEREST ON
TH
DEMOLITION LIEN – 4335 30 AVENUE, GIFFORD -
WILMET LANIER ..................................................................................... 27
12.E.COUNTY ATTORNEY - SPECIAL ACT REQUIRING SUPER
MAJORITY VOTE TO EXPAND THE URBAN SERVICE AREA
BOUNDARY ................................................................................................ 28
November 15, 2005 6
12.F.COUNTY ATTORNEY - PERMISSION TO RETAIN
MEDIATOR TO RESOLVE DISPUTE CONCERNING THE
LAWTON PROPERTY ............................................................................. 29
13.B.VICE CHAIRMAN ARTHUR R. NEUBERGER – REPORT ON
PERSONS ASSISTED BY THE SHIP PROGRAM. ............................. 30
14.A.EMERGENCY SERVICES DISTRICT .................................................. 30
1.AMRMS13,2005 .... 31
PPROVAL OF INUTES OF THE EGULAR EETING OF EPTEMBER
2..ARS810-BC ... 31
A GREEMENT FOR ENOVATIONS TATIONS AND ARTH ONSTRUCTION
2..ARS810–B
BGREEMENT FOR ENOVATIONS OF TATIONS AND ARTH
C ........................................................................................................ 31
ONSTRUCTION
14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 31
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 31
November 15, 2005 7
November 15, 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
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 15, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice
Chairman Arthur R. Neuberger, and Commissioners Sandra L. Bowden, Wesley Davis and Gary
C. Wheeler. Also present were County Administrator Joseph Baird; Assistant County Attorney
William DeBraal, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Maria I.
Suesz.
1. CALL TO ORDER
Chairman Lowther called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Tom Harris, Associate Pastor at First Presbyterian Church, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Gary C. Wheeler led the Pledge of Allegiance to the Flag.
November 15, 2005 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Lowther requested the following changes to today’s Agenda:
1.Move Item 5.E. to Item 7.U.
2.Additional Backup: Item 14.A.2(a) and 14.A.2(b) - Emergency Services Staff
Report and Backup
3.Emergency Item 11.I.2. – Dune Restoration Construction Access Agreement -
Disney
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously made the
above changes to the Agenda.
5.A. PROCLAMATION DESIGNATING NOVEMBER 20-26, 2005
AS CHRISTIAN HERITAGE WEEK IN INDIAN RIVER
COUNTY
Commissioner Wheeler read and presented the following Proclamation to Bob
Johnson who is a member of the American Family Association.
5.B. PROCLAMATION DESIGNATING NOVEMBER 15, 2005 AS
NATIONAL PHILANTHROPY DAY
Commissioner Neuberger read and presented the Proclamation to Carrie Bartlett,
Chief Financial Officer of Visiting Nurses Association.
November 15, 2005 2
5.C. PROCLAMATION DESIGNATING THE WEEK OF
THANKSGIVING 2005, AS INDIAN RIVER COUNTY
MAYFLOWER DAY
Commissioner Bowden read and presented the Proclamation to Daniel Dragonnetti,
Director of the Mayflower Society.
5.D. PROCLAMATION DESIGNATING NOVEMBER 18-24, 2005
AS NATIONAL FARM-CITY WEEK
Commissioner Davis read and presented the Proclamation to Ward Gunter, Vice
President of the Farm Bureau, and Tom Hill, Board Member.
5.E. PROCLAMATION HONORING JOYCE
JOHNSTON-CARLSON ON HER RETIREMENT FROM
INDIAN RIVER COUNTY HUMAN SERVICES & THE
CHILDREN’S SERVICES ADVISORY COMMITTEE
This item was moved to Item 7.U.
6. APPROVAL OF MINUTES – NONE
7. CONSENT AGENDA
Chairman Lowther pulled Item 7.I. for discussion.
7.A. AW–O28,2005–N3,
PPROVAL OF ARRANTS CTOBER OVEMBER
2005
November 15, 2005 3
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for October 28, 2005 – November 3, 2005, as
requested in the memorandum.
7.B. C’QIR–J1,2005-
LERKS UARTERLY NVESTMENT EPORT ULY
S30,2005–IAC
EPTEMBER NVESTMENT DVISORY OMMITTEE
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
accepted the Investment Advisory Committee’s Quarterly
Report, as requested in the memorandum of November 8,
2005.
7.C. DSDESA-T
ORI LOSBERG RIVER DUCATION AFETY CT RAFFIC
EPTFR–O1,2002
DUCATION ROGRAM RUST UND EPORT CTOBER
S30,2005
THROUGH EPTEMBER
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
accepted the Statement of Revenues, Expenditures and
Changes in Fund Balances Traffic Education Program,
October 1, 2002 through September 30, 2005, as
recommended in the memorandum of November 8, 2005.
November 15, 2005 4
7.D. R2005-188-ACL
ESOLUTION UTHORIZATION TO ALL ETTER OF
C–APGL.L.C.–A
REDIT MELIA LANTATION ROUP MELIA
PS
LANTATION UBDIVISION
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
adopted Resolution 2005-188, declaring default by Amelia
Plantation Group, LLC Inc. in its obligation to complete
required improvements to Amelia Plantation, and
authorizing staff to make sight draft against Harbor Federal
Savings Bank Irrevocable Letter of Credit No. 390, as
amended, in favor of Indian River County in the remaining
amount of $227,217.63 on or before December 1, 2005, as
recommended in the memorandum of November 8, 2005.
7.E. AN.2–AS–NM,
DDENDUM O GREEMENT FOR ERVICES ICK ILLER
I.–MARRM
NC URPHY CT ESERVATION AND ELEASE APPING
P–OIRCPN.0360
ROJECT RIGINAL ROJECT O
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the addendum/agreement and scope of services
for a lump sum of $5,600 and subsequent hourly fees for
additions as needed and recommended in the memorandum
of November 8, 2005.
AGREEMENT IS ON FILE IN THE
November 15, 2005 5
OFFICE OF THE CLERK OF THE BOARD
7.F. ORBRRW
SLO OAD RIDGE EPLACEMENT AND OADWAY IDENING
ES–AN.6–20”WM
NGINEERING ERVICES MENDMENT O ATER AIN
UDS–K-HA,I.
TILITY ESIGN ERVICES IMLEYORN AND SSOCIATES NC
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Amendment No. 6 to the Oslo Road Bridge
Replacement and Roadway Widening Professional
Services Agreement with Kimley-Horn and Associates,
Inc. for the hourly rate component of $8,100, as
recommended in the memorandum of November 7, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7.G. RBN.2006024-PN.9705B–(CR606)
EJECTION FOR ID O ROJECT O
ORL“J”CBR
SLO OAD ATERAL ANAL RIDGE EPLACEMENT
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
rejected the bid and authorized the project to be
re-advertised because of the extreme difference between
the bid and the engineer’s estimate, as recommended in the
memorandum of November 8, 2005.
November 15, 2005 6
7.H. CELSA
IVIL NGINEERING AND AND URVEYING GREEMENT FOR
II58ASR60
TH
NTERSECTION MPROVEMENTS AT VENUE AND
AN.2–K-HA,I.
MENDMENT O IMLEYORN AND SSOCIATION NC
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Alternative No. 1 authorizing the Chairman to
execute Amendment No. 2 as written and as recommended
in the memorandum of November 7, 2005.
AMENDMENT NO. 2 IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7.I. DRC-SAI
UNE ESTORATION OSTHARE GREEMENT BETWEEN NDIAN
RCJ’I–K-H
IVER OUNTY AND OHNS SLAND IMLEYORN AND
A,I.–BPF–F
SSOCIATES NC EACH RESERVATION UND LORIDA
DEP
EPARTMENT OF NVIRONMENTAL ROTECTION
Chairman Lowther wanted an update on Sector 3.
County Administrator Joseph Baird stated this was the only opportunity to use grant
money on Sector 7, so it was moved forward.
Coastal Resource Manager Jonathan Gorham said he will be presenting master
service agreements for engineering services to update the design on Sector 3 and Sector 5 projects
at a later meeting.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
the execution of the Agreement for Beach Dune
November 15, 2005 7
Restoration Cost-Sharing, as recommended in the
memorandum of November 7, 2005.
7.J. IAIRC
NTERLOCAL GREEMENT BETWEEN NDIAN IVER OUNTY AND
SITD–S1&2B
EBASTIAN NLET AX ISTRICT ECTORS EACH
R
ENOURISHMENT
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved execution of the Interlocal Agreement, as
recommended in the memorandum of November 7, 2005.
INTERLOCAL AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK OF THE BOARD
7.K. FIND(FIND)P
LORIDA NLAND AVIGATION ISTRICT ROJECT
AIR-05-39PII-AJTS
GREEMENT HASE UNGLE RAIL HORELINE
SP
TABILIZATION ROJECT
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Project Agreement IR-05-39 and authorized the
Chairman to execute both copies of the agreement, as
recommended in the memorandum of October 25, 2005.
AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK OF THE BOARD
November 15, 2005 8
7.L. BA#2006021–ABAP
ID WARD NNUAL ID FOR SPHALT AVING AND
R–PWD/RB
ESURFACING UBLIC ORKS EPARTMENTOAD AND RIDGE
D–DF,I.,CA
IVISION ICKERSON LORIDA NC OMMUNITY SPHALT
C,EG&S,LLC,R
ORPORATION LMO REER ONS AND ANGER
C
ONSTRUCTION
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
awarded Items #1 through #12 to Dickerson Florida, Inc.,
as the lowest most responsive and responsible bidder
meeting the specifications as set forth in the Invitation to
Bid; awarded Item #13 (Cost per ton for County to pick up
material at Contractor’s plant) to multiple vendors:
Dickerson Florida, Inc., Community Asphalt Corporation,
Elmo Greer & Sons, LLC, and Ranger Construction;
authorized the purchasing division to issue blanket
purchase orders for individual job purchase orders, as
needed, for the period of October 1, 2005 through
September 30, 2006 with the recommended bidder;
authorized the Purchasing Manager to renew this Bid for
two (2) 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 2, 2005.
November 15, 2005 9
7.M. CAIRC
ONTRACT MENDMENT BETWEEN NDIAN IVER OUNTY AND
TCCC
URNER ONSTRUCTION OMPANY FOR ONSTRUCTION
MSPNE
ANAGEMENT ERVICES FOR ROPOSED EW MERGENCY
OC(EOC)
PERATIONS ENTER
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Amendment No. 3 with a pre-construction fee of
$60,000 along with a reduction of the performance bond
from 125% to 100% and authorized the Chairman to
execute the agreement, as recommended in the
memorandum of November 9, 2005.
AMENDMENT NO. 3 IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7.N. AWFBP
UTHORIZATION TO AIVE THE ORMAL ID ROCESS FOR THE
SCWPRR–E
OUTH OUNTY ATER LANT OOF EPLACEMENT NERGY
CC.
OATINGS ORP
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
authorized waiving of the formal bid process and further
authorized the Purchasing Division to issue a purchase
order in the amount of $58,590.00 to Energy Coatings
Corp. of Vero Beach, as recommended in the memorandum
of November 9, 2005.
November 15, 2005 10
7.O. GSWAP–
REENLEAF UBDIVISION ATER SSESSMENT ROJECT
CON.1FPC–
HANGE RDER O AND INAL AYMENT TO ONTRACTOR
DC
ANELLA OMPANIES
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Change Order No. 1 for $6,323.03; approved the
total project cost of $33,894.30 and approved application
for pay request and Final Payment to the Contractor, the
Danella Companies, in the amount of $33,894.30, as
recommended in the memorandum of November 3, 2005.
7.P. JE’MSN
OYAL NTERPRISES REQUEST TO ODIFY TREET AMES FOR
PLES
ARK ANE STATES UBDIVISION
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously granted
approval of the revised final plat for Park Lane Estates
subdivision, as recommended in the memorandum of
October 25, 2005.
7.Q. ELACS-
NVIRONMENTAL AND CQUISITION ONSULTANT ERVICES
TCF
HE ONSERVATION UND
November 15, 2005 11
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the agreement with The Conservation Fund for
environmental and acquisition consultant services and
authorized the Chairman to sign the contract, as
recommended in the memorandum of November 8, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7.R. UCFGA–
RBAN AND OMMUNITY ORESTRY RANT GREEMENT
FDAC
LORIDA EPARTMENT OF GRICULTURE AND ONSUMER
S–TRORCASLLAAC
ERVICES REE ESTORATION AT THE OUTH INK
S
ITE
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Memorandum of Agreement and authorized
the Chairman to sign the Agreement, as recommended in
the memorandum of November 8, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7.S. ORBRRW
SLO OAD RIDGE EPLACEMENT AND OADWAY IDENING
ESAN.7–C
NGINEERING ERVICES MENDMENT O ONSTRUCTION
S–OR(CR606)L“J”CB
ERVICES SLO OAD ATERAL ANAL RIDGE
R–K-HA,I.
EPLACEMENT IMLEYORN AND SSOCIATES NC
November 15, 2005 12
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Amendment No. 7 to the Oslo Road Bridge
Replacement and Roadway Widening Professional
Services Agreement with Kimley-Horn and Associates,
Inc. for the lump sum component of $20,000 and an hourly
rate component of $15,000 for a total contract amendment
of $35,000, as recommended in the memorandum of
November 7, 2005.
AMENDMENT NO. 7 IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
7.T. AFSHAH
PPROVAL OF THE IRST ET OF OME GAIN OUSING
RB:TMD(20367C,
TH
EHABILITATION IDS OMMY COUGALD OURT
SW);SA(215515S,SW);JHJ.
TH
HIRLEY LLEN TREET AMES AGANS R
(634584P)-RC
TH
LACE OSS ONSTRUCTION
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
awarded the housing rehabilitation bid for Tommy
th
McDougald (2036 7 Court, SW) to Ross Construction in
the total amount of $44,694.72; awarded the housing
th
rehabilitation bid for Shirley Allen (2155 15 Street, SW)
to Ross Construction in the total amount of $46,704.00;
awarded the housing rehabilitation bid for James Hagans Jr.
November 15, 2005 13
th
(6345 84 Place) to Ross Construction in the total amount
of $46,682.50, as recommended in the memorandum of
November 8, 2005.
7.U. PHJJ-C
ROCLAMATION ONORING OYCE OHNSTONARLSON ON HER
RIRCHS&
ETIREMENT FROM NDIAN IVER OUNTY UMAN ERVICES
C’SAC
THE HILDRENS ERVICES DVISORY OMMITTEE
The Board noted the Proclamation into the record.
8.A. CLERK OF CIRCUIT COURT’S REVISED FINANCIAL
REPORT FOR FISCAL YEAR 2004-2005 – JEFFREY K.
BARTON
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
the revised financial report reflecting the adjustment of
additional excess fees in the amount of $178,497.37
bringing the total amount of excess fees to $1,014,975.23
for fiscal year-end September 30, 2005, as recommended in
the memorandum of November 8, 2005.
8.B. PROPERTY APPRAISER’S BUDGET AMENDMENT #2 FOR
THE YEAR ENDING SEPTEMBER 30, 2005 – DAVID C.
NOLTE
November 15, 2005 14
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously accepted
the Property Appraiser’s Budget Amendment #2 for the
year ending September 30, 2005, as requested in the
memorandum of November 4, 2005.
8.C. PROPERTY APPRAISER’S REQUEST TO ACQUIRE A NEW
CAMA SYSTEM – SOFTWARE TECHNIQUES, INC. – DAVID
C. NOLTE
Property Appraiser David Nolte has selected a new CAMA software package for his
office from Software Techniques, Inc. and requested the Board’s approval of purchase in the
amount of $750,000. He would increase his budget by 4% for fiscal year 2006-2007 to cover the
cost, and carry a seven (7) year bank loan. The advantages of this software over others he studied
are:
a) It works on the network and not on the AS 400 platform.
b) Simplifies putting on new sub-developments, splits and combinations
c) Completely automates the homestead system
c) Eliminates manual calculations, extra paperwork and saves time
d) Enables processing “Save our Homes” more quickly
e. Can handle updates and new programs.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Property Appraiser acquiring a new CAMA system through
November 15, 2005 15
Software Techniques, Inc., as requested in the
memorandum of November 9, 2005.
9.A.1. PUBLIC HEARING – RESOLUTION 2005-189 –
ND
RIGHT-OF-WAY ABANDONMENT – A PORTION OF 42
PLACE (A 20’ WIDE ALLEY) BETWEEN LOTS 42 AND 43 OF
PINSON SUBDIVISION – FRED WENISCH(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling gave PowerPoint Presentation (copy on file). The
right-of-way is a paper alley that is not needed for access. The County Engineering Division and
other utility providers recommend that the entire ± 108’ segment of right-of-way be reserved as a
drainage and utility easement. For that reason, the proposed Resolution of Abandonment
abandons the ± 108’ segment of the right-of-way, but reserves the entire right-of-way as a drainage
and utility easement. Staff recommends that the Board approve the Resolution to abandon the
right-of-way and maintain usage of utilities in that area.
The Chairman opened the public hearing.
Bob Johnson
, Coral Wind Subdivision, questioned if the right-of-way was being
sold or given away.
Victor McKnight
, landowner on adjacent lot, wanted to know the procedure of
notification to adjacent landowners. He was told they were not notified.
Director Boling has records showing that landowners were mailed a notice but it was
not certified mail.
There were no additional speakers and the Chairman closed the public hearing.
November 15, 2005 16
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously adopted
Resolution 2005-189 providing for the closing,
abandonment, vacation and discontinuance of a portion of
nd
42 Place lying between lots 42 and 43 in the Pinson
Subdivision, reserving a drainage and utility easement over
the entire right-of-way, said land lying in Indian River
County.
9.A.2. PUBLIC HEARING – PURCHASE OF THE DIAMOND TRACT
– ORCA SOUTH SITE UNDER THE COUNTY
ENVIRONMENTAL LANDS PROGRAM (LAAC) – JCL
INVESTMENTS GROUP, INC. - FLORIDA COMMUNITIES
TRUST (FCT)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Environmental Chief Roland DeBlois stated this is a proposal to purchase the
Diamond Tract – ORCA South Land Acquisition Advisory Committee (LAAC) site with land
acquisition bond funds through Florida Community Trust (FCT). The estimated expenditure will
be approximately 1.4 million dollars. Staff supports the LAAC’s recommendation (11-4) for the
Board to approve the purchase and direct staff to apply for an FCT Grant in the Spring of 2006 for
a 50% reimbursement. Four members of the LAAC voted against the purchase because they felt
the purchase price was too high for wetlands. Although this property is mostly wetlands, staff sees
the possibility for building on the western portion.
The Chairman opened the public hearing.
November 15, 2005 17
Bob Johnson
, Coral Wind Subdivision, recommended the Board approve this with
a caveat that it will not preclude the construction of the Oslo Boat ramp.
Commissioner Davis responded it is going to be in the County name and they do not
need approval from another agency.
Dr. Richard Baker,
Audubon Society,is looking forward to putting trails in for
watching lots of birds. That will be a real asset for the Community.
After a brief discussion Roland DeBlois stated this is part of the Blue Way Program.
The essential cost would be State funded and he is confident they will get the FCT grant.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Lowther, the Board unanimously approved
exercising the Diamond Tract – ORCA Southsites
assignment and amendment of option contract, authorizing
and directing staff to close the purchase and apply for a
Florida Communities Trust 50% cost-share reimbursement
grant under the next FCT grant cycle, as recommended in
the memorandum of November 7, 2005.
9.A.3. PUBLIC HEARING – ORDINANCE 2005-048 – AMENDING
CHAPTER 401, BUILDING CODES AND ADDING CHAPTER
403, THE INTERNATIONAL PROPERTY MAINTENANCE
CODE
November 15, 2005 18
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
Assistant County Attorney DeBraal stated that on October 11, 2005 the Board asked
for a continuation of this matter to give him time to review the International Property Maintenance
Code, 2003 edition before they voted on this item. In an effort not to overlap building maintenance
issues with code enforcement issues he suggested creating Chapter 403, to be modeled after the
International Property Maintenance Code, which will replace the Standard Unsafe Buildings
Abatement Code (SUBAC), 1985 edition.
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 Wheeler, the Board unanimously adopted
Ordinance 2005-048, amending Indian River County Code
Chapter 401, Building Codes, to adopt the Florida Building
Code; and adding Chapter 403 the Property Maintenance
Code; providing for codification; providing for
severability; and providing for an effective date.
9.B.1. PUBLIC DISCUSSION ITEM – JOSEPH PALADIN’S
REQUEST TO DISCUSS LAND DEVELOPMENT
REGULATION 911 (LDR) MODIFICATIONS
This item was tabled for the next meeting agenda.
November 15, 2005 19
9.B.2. PUBLIC DISCUSSION ITEM – JOSEPH PALADIN’S
REQUEST TO DISCUSS RIGHTS-OF-WAY
Joseph Paladin
Chairman, Growth Awareness Committee, recommended
modifying the LDRs to have the price of land for ultimate right-of-way acquisition be established
prior to the issuance of the preliminary plat approval in order for the County to pay fair market
value (LDR 952.08).
NO ACTION REQUIRED OR TAKEN.
11.A.1. COMMUNITY DEVELOPMENT – CONSIDERATION OF
SCHOOL DISTRICT MEMORANDUM OF UNDERSTANDING
FOR ADMINISTRATION OF THE DEPARTMENT OF
COMMUNITY AFFAIRS (DCA) SCHOOL CONCURRENCY
GRANT
Community Development Director Keating reviewed his memorandum explaining
the DCA asked Indian River County to be a pilot community and receive funding from the State
for meeting school concurrency requirements, sharing responsibilities with all five municipalities.
He requested Board approval of the Memorandum of Understanding for Administration of the
DCA School Concurrency Grant which the School Board will bring up later in the week.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Memorandum of Understanding for Administration of the
DCA School Concurrency Grant and authorized the
Chairman to sign the same, as recommended in the
memorandum of November 8, 2005.
November 15, 2005 20
MEMORANDUM OF AGREEMENT IS ON FILE IN
THE OFFICE OF THE CLERK OF THE BOARD
11.A.2. PLANNING AND ZONING COMMISSION
RECOMMENDATION ON DEVELOPMENT PROJECT
NOTICE – POSTING SIGNS
Planning Director Stan Boling reviewed his report displaying a chart that
summarized the development project notice requirements. After hearing many complaints from
citizens regarding no notification of land rezoning requests, the Planning and Zoning Commission
(P&Z) voted 5-2 to amend the LDRs initiating a requirement to post a sign on all project sites
coming before the P&Z. Staff disapproved of any change to the notice requirements. They were
concerned with the details of when to post the sign and for how long. They felt the County would
have no control over information that would pass between the developer and the citizen, and they
did not believe it would be effective.
Commissioner Wheeler recognized the importance of having public input, but
shared concern with that of staff on how to control the posting and removal of signs.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Bowden, to approve the
Planning & Zoning Commission recommendation to
amend the LDRs initiating a requirement to post a sign on
all rezoning project sites coming before the P&Z that will
not require a public hearing.
Commissioner Neuberger felt they were adding another layer of government that
was not necessary.
November 15, 2005 21
Director Boling relayed the most effective communication is someone who comes in
and looks at the site plan or calls over the phone.
Bob Johnson,
Coral Winds Subdivision, supports the P&Z Commission efforts
because it is going to directly impact his family.
th
Ruth Livingston
, 655 SW 40 Avenue, expressed concern at not being notified
when the property they were living on was being rezoned.
Donna Keys, ,
Chairman of the P&Z Commission stated last year staff redesigned
signs for rezoning that were reasonably effective and the P&Z Commission felt this would be an
easy solution to the problem.
Commissioner Davis did not find the sign to be an effective way to obtain citizen
input. He was concerned that residents would be contacting the developer and, if misinformed,
that communication may become counterproductive.
Discussion ensued.
Joseph Paladin
, Chairman of the Growth Awareness Committee felt the County
should be the source of information for any rezoning.
Bruce Barkett, ,
Attorney felt the sign should state when and where the rezoning
will be discussed advising the public what can be accomplished at the hearing.
The Chairman called the question and the motion passed,
4-1, Commissioner Lowther opposed. (The Board
approved amending the LDRs to initiate the requirement of
posting a sign on non-public hearing projects, as
recommended by the P&Z.)
(Clerk’s Note: The Chairman called a short recess at 10:37 a.m. and he reconvened
the meeting at 10:46 a.m. with all members present.)
November 15, 2005 22
11.A.3. CONSIDERATION OF SCHOOL CONCURRENCY
CONSULTANT SELECTION COMMITTEE
RECOMMENDATION – KIMLEY-HORN AND ASSOCIATES,
INC. - DEPARTMENT OF COMMUNITY AFFAIRS –
FLORIDA LEGISLATURE 2005 GROWTH MANAGEMENT
LAW (SB360)
Community Development Director Keating said this item relates to the school
concurrency pilot program (Item 11.A.1.) and it has a completion date of June 30, 2006. Based on
the tight timeframe they asked the Board’s approval to authorize staff to negotiate a contract with
Kimley-Horn and Associates, Inc., the top ranked firm by the Consultant Selection Committee.
There was a brief discussion regarding joining with other counties to hire one
consultant.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
negotiating a contract with Kimley-Horn and Associates,
Inc., the number one ranked firm; authorized the Chairman
to execute a school concurrency consultant contract if staff
negotiates a school concurrency consultant contract that is
less than the amount provided to the County through the
State funded subgrant agreement with the Florida
Department of Community Affairs; and authorized the
Community Development Director to sign any subsequent
forms/items as needed, and recommended in the
memorandum of November 8, 2005.
November 15, 2005 23
11.C.1. JOINT USE LIBRARY INTERLOCAL AGREEMENT AND
LEASE - INDIAN RIVER COMMUNITY COLLEGE
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Interlocal Agreement and the Lease in substantially the
forms presented, and authorized the Chairman to execute
both documents after final approval of the County
Administrator and the County Attorney of the satisfactory
resolution of the remaining open issues in the documents,
and notification that the Board of Trustees for Indian River
Community College has also approved the documents, as
recommended in the memorandum of November 8, 2005.
11.I.1. PUBLIC WORKS – FINAL DESIGN AND PLANS
TH
PREPARATION - CR 510 FROM CR 512 TO EAST OF 75
COURT – STANLEY CONSULTANTS, INC.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously authorized
the Chairman to execute the agreement with Stanley
Consultants, Inc. as written, and as recommended in the
memorandum of November 3, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK OF THE BOARD
November 15, 2005 24
11.I.2. DUNE RESTORATION CONSTRUCTION ACCESS
AGREEMENT – DISNEY RESORT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the agreement in form and substance and authorized the
County Administrator to sign the agreement on behalf of
the County, as recommended in the memorandum dated
November 14, 2005.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
12.A. COUNTY ATTORNEY – APPEAL FROM STAFF’S DENIAL
OF REQUEST FOR NEW IMPACT FEE INCREASE
EXEMPTION ADAMS HOMES OF NORTHWEST FLORIDA,
INC. – DONNA ASTAPHAN-CASTILLO AND ADAMS HOMES
ON BEHALF OF NATALIE S. BROMFIELD
(Clerk’s Note: There was no Board action. No one was present to represent Adams
Homes. The item was tabled until a later meeting.)
12.B. COUNTY ATTORNEY – APPEAL FROM STAFF’S DENIAL
OF REQUEST FOR NEW IMPACT FEE INCREASE
November 15, 2005 25
EXEMPTION PRYOR HOMES, INC. ON BEHALF OF ELIGHA
PRYOR, SR.
Assistant County Attorney DeBraal said Pryor Homes submitted four impact fee
increase exemption affidavits on behalf of his father, Eligha Pryor, Sr. He entered into contracts
with his son’s corporation, Pryor Construction, to build four houses. The contracts were signed
before July 1. Staff denied the application for the impact fee increase exemptions on the basis that
the contracts between father and son were not negotiated at arms length and were entered into
solely to evade the increase in impact fees. Staff recommends the Board consider the appeal and
render a decision whether they should be granted the exemption from the impact fee increase or
pay the higher impact fees on these four contracts.
th
Eligha Pryor, Jr.,
4646 30 Avenue, was there to find out the reason for the denial.
He claimed there were five contracts, not four.
(Clerk’s Note: Mr. Pryor claimed there were five contracts and it was later verified
that there were only four.)
ON MOTION by Commissioner Davis, SECONDED BY
Commissioner Neuberger, the Board unanimously
approved the appeal of Pryor Homes on behalf of Eligha
Pryor, Sr. and granted him an exemption from the impact
fee increase on four contracts, as recommended in the
memorandum of November 8, 2005.
12.C. COUNTY ATTORNEY - APPEAL FROM STAFF’S DENIAL OF
REQUEST FOR NEW IMPACT FEE INCREASE EXEMPTION
TOM SCOTT - INLET AT SEBASTIAN, BUILDINGS C AND D
November 15, 2005 26
Assistant County Attorney DeBraal said this was another appeal denied by staff on
the basis that the requests were filed after the deadline of September 30, 2005 established by the
pending ordinance doctrine. Tom Scott, owner/manager, built the Inlet at Sebastian in four phases
and he did not understand that it was necessary to complete and submit a signed construction
contract affidavit for impact fee increase exemption for subsequent building within the same
project. Mr. Scott was represented by Attorney Bruce Barkett.
Bruce Barkett
, Attorney, said Tom Scott filed for the exemption after the date set
but not after the date in the ordinance. This is a continuing contract and currently under
construction.
ON MOTION by Commissioner Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the appeal of The Inlet at Sebastian LLC and grant the
exemption from the impact fee increase, as recommended
in the memorandum of November 9, 2005.
12.D. COUNTY ATTORNEY - REQUEST TO WAIVE INTEREST ON
TH
DEMOLITION LIEN – 4335 30 AVENUE, GIFFORD -
WILMET LANIER
Assistant Attorney DeBraal explained Mr. Lanier bought this property at a tax deed
sale with a demolition lien of $4,189.50 on the property. The accrued interest on the demolition
lien from June 7, 1994 through November 15, 2005 amounts to $5,754.65. Mr. Lanier was
requesting the waiver of the demolition lien interest.
County Administrator Baird said interest on the lien is what pays for the demolition.
He felt approval of a waiver would be counterproductive.
November 15, 2005 27
Commissioner Wheeler felt a need to be consistent and not set a precedent.
Commissioner Davis agreed.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to deny waiving the
interest on the demolition lien.
Commissioner Neuberger disagreed. This property is in the Gifford area where
there is a shortage of affordable housing. He felt the Board could bend the rules in this case.
Mr. Lanier
said he wanted to place the house in the SHIP Program.He wanted the
Board to look at him as a catalyst for the County.
Commissioner Davis was not willing to waive the full amount.
The Chairman CALLED THE QUESTION, and the motion
passed 4-1, Commissioner Neuberger opposed. (The Board
directed staff to deny the waiver of interest on the
demolition lien requested by Mr. Lanier, as recommended
in the memorandum of November 4, 2005.
12.E. COUNTY ATTORNEY - SPECIAL ACT REQUIRING SUPER
MAJORITY VOTE TO EXPAND THE URBAN SERVICE
AREA BOUNDARY
Assistant County Attorney DeBraal said he was directed by Chairman Lowther to
find out if the Board could, via a Special Act, legally move the Urban Service Boundary by a super
majority vote, or a 4-1 vote. It is his opinion that they could do this. The advantage is that another
Commission could come in at a later date, and, by a vote of 3-2, change the idea of a super majority
November 15, 2005 28
vote. The only downside is other municipalities who annex property would still be able to move
the urban service area by applying their own plans and land use schemes to the annexed property.
Commissioner Wheeler wanted to move for reconsideration of his proposal to change the
urban service area only by majority vote of the people. His primary concern is the County still has
to provide services while the property owners do not have to pay for these services.
Assistant County Attorney DeBraal said for further discussion this item would have to be a
motion by the prevailing party and that Commissioner Wheeler can bring it back at a later date
under his agenda items.
NO ACTION TAKEN.
12.F. COUNTY ATTORNEY - PERMISSION TO RETAIN
MEDIATOR TO RESOLVE DISPUTE CONCERNING THE
LAWTON PROPERTY
Assistant County Attorney DeBraal said when the County extended Indian River
Boulevard in the late 1980s they entered into an agreement with the Lawton family to provide
them a median and a curb cut to provide access to their property. The County also agreed to install
two steel casings under the boulevard to provide utilities to the property. The agreement was
amended in 1992 with a penalty clause stating if the County did not provide the required
improvements by November 24, 1994, a penalty equivalent to the daily accruing real estate taxes
on the property would be collectible from the County and payable to the Lawtons. The County did
not comply exactly as promised. Both parties have agreed to present the case to a mediator with
hope of resolving the outstanding issues out of court. Staff recommends the Board authorize the
expenditure of $2,000 to retain a state certified mediator; and authorize the Public Works Director
to be the designated representative to negotiate and recommend settlement offers to the Board.
November 15, 2005 29
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
the expenditure of up to $2,000 to retain a state certified
mediator; authorized the Public Works Director to be the
designated representative to negotiate and recommend
settlement offers to the Board.
13.B. VICE CHAIRMAN ARTHUR R. NEUBERGER – REPORT ON
PERSONS ASSISTED BY THE SHIP PROGRAM.
Community Development Director Keating gave a brief overview of the SHIP Loan
Review Committee reports (copy on file) covering the amount of money allocated to the SHIP
program. The reports cover two Fiscal Years: 2003-2004 and 2004-2005. The major problem they
have now is finding housing that is affordable that qualifies for the program. The maximum
market price for used homes is $186, 000 and for new homes is $189,600. The other problem is
finding contractors that want to do rehabilitation work.
Chief of Long Range Planning Sasan Rohani, explained the Florida Housing
Corporation bases one sale price on the metro area of St. Lucie County and one price for the rest of
the State. St. Lucie County median range home is $164,000.
NO ACTION REQUIRED OR TAKEN.
14.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are
being prepared separately and are appended to this document.
November 15, 2005 30
1.AMRMS
PPROVAL OF INUTES OF THE EGULAR EETING OF EPTEMBER
13,2005
2.. ARS810-B
A GREEMENT FOR ENOVATIONS TATIONS AND ARTH
C
ONSTRUCTION
2.. ARS810–B
BGREEMENT FOR ENOVATIONS OF TATIONS AND ARTH
C
ONSTRUCTION
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11:43 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
November 15, 2005 31
BCC/MIS/2005Minutes
November 15, 2005 32