HomeMy WebLinkAbout11/18/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 18, 2003
1. CALL TO ORDER................................................................................... I
2. INVOCATION......................................................................................... I
3. PLEDGE OF ALLEGIANCE..................................................................2
4. ADDITIONS/DELETIONS TO THE AGENDAIEMERGENCY
ITEMS.....................................................................................................2
5.A. INTRODUCTION OF THOMAS MAHER THE NEW INDIAN
RIVER COUNTY SUPERINTENDENT OF PUBLIC SCHOOLS ........ 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING
NOVEMBER 2003 AS CHRISTIAN HERITAGE WEEK......................3
6. APPROVAL OF MINUTES - SPECIAL MEETING OF
OCTOBER6, 2003...................................................................................3
7. CONSENT AGENDA..............................................................................4
NOVEMBER 18, 2003 1
7.A. APPROVAL OF WARRANTS...................................................................................4
7.B APPROVAL OF WARRANTS...................................................................................4
7.C. SUPERVISOR OFELECTIONS - CONSTITUTIONAL OFFICER'SANNUAL
FINANCIAL REPORTFY200212003.....................................................................5
7.1). PROPERTYAPPRAISER - CONSTITUTIONAL OFFICER'SANNUAL FINANCIAL
REPORT FY 2 0 02/2 0 03....................................................................................... 5
7.E. APPOINTMENT OF DR. DAVID COX TO THE MARINE ADVISORYNARROWS
WATERSHED ACTION COMMITTEE (MANWAC) - REPRESENTING MARINE
RESOURCES COUNCIL - REPLACING DIANE BARILE............................................ 5
7.F. APPOINTMENT OF .TAMES GRANSE TO THE MARINE ADVISORYNARROWS
WATERSHED ACTION COMMITTEE (MANWAC)................................................. 6
7. G. APPOINTMENT OF WAL TER WRIGHT TO THE METROPOLITAN PLANNING
ORGANIZATION CITIZENS ADVISORY COMMITTEE (MPO CAC) - REPLACING
LEONARDMILLER.............................................................................................. 7
7.H. NINETY FIVE SOUTH - AMENDMENT TO CONTRACT FOR CUSTODIAL
SERVICESAT SANDRIDGE GOLF COURSE FACILITIES .......................................... 7
7.1. OFFICE OF THE MEDICAL EXAMINER - DISTRICT 19, FLORIDA -AMENDED
AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE DISTRICT BOARD
OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE AND INDIAN RIVER
COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, AND ST. LUCIE COUNTY ...... 8
7..1 RESOLUTION 2003-142 -SUPPLEMENTAL TRANSPORTATION.%OINT
PAR TICIPATIONAGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FD OT) (COUNCIL ONAGING - COMMUNITY COACH............ 9
NOVEMBER 18, 2003 2
7.K STATE CRIMINAL ALIENASSISTANCE PROGRAM (SCRAP) -DEPARTMENT
OF JUSTICE B UREA U OF JUSTICE ASSISTANCE (BJA) - JUSTICE BENEFITS,
INC.................................................................................................................... 9
7.L. RESOL UTIoNs 2003-143/145 - PRoPERTYAcQUIsITIoN - TAx
CANCELLATIONS - CA Two INCORPORATED, RIGHT-OF-WAY - 41 ST STREET
(2003-143), LANDCO V, INC., RIGHT-OF-WAY- 69TH STREET (2003-144),
OSLO TRADE CENTER - RIGHT-OF-WAY- BARBER STREET (2003-145) .............10
7.M. REPEAL OF B UILDING CODE BOARD OF ADJUSTMENT AND APPEALS -
SECTION 103.03.3 OF THE INDIAN RIVER COUNTY CODE - REQUEST TO
ADVERTISE PUBLIC HEARING ONDECEMBER 9, 2003 ......................................11
7.N. DISSOL VING THE AFFORDABLE HOUSING ADVISORY COMMITTEE -REQUEST
FOR PUBLIC HEARING......................................................................................12
7.0. RESOLUTION 2003-146 -URGING THE STATE TO SUPPORT EXISTING
FLORIDA WATER LAW AS IT RELATES TO THE SALE OR TRANSFER OF
WATERALLOCATIONS......................................................................................13
7.P. GRANT-IN-AID AGREEMENT FOR CHILD DEPENDENCY COURT
REPRESENTATION - JUSTICE ADMINISTRATIVE COMMISSION -19TH
JUDICIAL CIRCUIT............................................................................................14
7.Q. RESOLUTION 2003-14 7 - MISCELLANEOUS B UDGET AMENDMENT 001 ..............15
7.R. FINAL PLATAPPROVAL AND CONTRACTFOR CONSTRUCTIONOFREQUIRED
SIDEWALKIMPROVEMENTS - WATERFORD LAKES SUBDIVISION, PHASE III
(FIKIA WILSONPROPERTY) - CLARKDEVELOPMENT COMPANY (QUASI-
JUDICIAL)........................................................................................................15
7.S. BID #6029 -CENTRAL AND SOUTH WASTEWATER TREATMENT FACILITIES
ODOR IMPROVEMENTS -INDIAN RIVER INDUSTRIAL CONTRACTORS.................16
NOVEMBER 18, 2003 3
7.T. TRANE CHILLER REPLACEMENT— COUNTYADMINISTRATIONBUILDING -
MID -STATE MECHANICAL OF VERO BEACH, LNG (BID #6025) .......................... 17
7. U BID #5101 — 26TH STREET BRIDGE REPLACEMENT— SHELTRA AND SONS
CONSTRUCTION COMPANY, INC.......................................................................17
7.V. 2004 FELLsMERE FROG LEG FESTIVAL (FFLF) — CONTRACT AND REAL
PROPERTYLEASE AGREEMENT — CITY OF FELLSMERE.....................................19
7. W FLOODPLAIN CUT AND FILL BALANCE WAIVER — VERO LAKE ESTATES, LOT
1, BLOCK 18, UNIT 3, PETER MARSHALL RESIDENCE, DETACHED STORAGE
BUILDING —MOSBY & ASSOCIATES, INC..........................................................19
7.X. SHERIFF— CONSTITUTIONAL OFFICER'SANNUAL FINANCIAL REPORT FY
2002/2003 - Roy RAYMoND.............................................................................20
7.Y TAX COLLECTOR —CONSTITUTIONAL OFFICER'S ANNUAL FINANCIAL
REPORT FY200212003 - CHARLIE SEMBLER....................................................20
9.A.1. PUBLIC HEARING - RESOLUTION 2003-148 - ADRIENNE
DISSIS - ABANDONMENT OF THE POR TION OF SHOR T
STREET BETWEEN 134TH STREET AND THE FLORIDA EAST
COAST RAILROAD RIGHT-OF-WAY (LEGISLATIVE) ...................21
9.A.2. PUBLIC HEARING - ST. PETER'S MISSIONAR Y BAPTIST
CHURCH- SPECIAL EXCEPTION USE APPROVAL FOR
EXPANSION OF A CHARTER SCHOOL - GRACE PINES
STORMWA TER SYSTEM (QUASI-JUDICIAL)..................................22
9.B.1. PUBLIC DISCUSSION ITEM - KAREN LETTS' REQUEST TO
DISCUSS THE INDIANRIVER COUNTYDANGEROUS DOG
ORDINANCE, SECTION 302.09..........................................................24
NOVEMBER 18, 2003 4
9.B.2. PUBLIC DISCUSSION - BRIAN HEADY - CONSEQUENCES
OF RECENT DECISIONS ON GROWTH INTO RESIDENTIAL
NEIGHBORHOODS............................................................................. 25
9.B.3. PUBLIC DISCUSSION - ROBERT JOHNSON - OSLO ROAD
AND 43" A VENUE INTERSECTION ................................................ 26
9. C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON DECEMBER 9, 2003 .................................................... 27
9. C 1. CONSIDER THE APPROVAL OFA PLAN OF FINANCE TO PROVIDE CAPITAL
INCL UDING THE ISSUANCE FROM TIME TO TIME BY THE ESCAMBIA COUNTY
HOUSING FINANCE AUTHORITY ON BEHALF OF INDIAN RIVER COUNTYAND
OTHER PARTICIPATING COUNTIES OF NOT EXCEEDING $150,000,000 SINGLE
FAMILYMORTGAGE REVENUE BONDS, INITIALLYDESIGNATED AS (MULTI-
COUNTYPROGRAM) SERIES 2004A...................................................................27
H.A. KEN GODFREY- SAND MINE AT BABCOCK (CR -507) AND
99TH STREET - MICHAEL O'HAIRE'S APPEAL OF PLANNING
& ZONING COMMISSION DECISION TO DENY A SITE PLAN
AND ADMINISTRA TI VE PERMIT APPLICA TION (Q UASI-
JUDICIAL)............................................................................................ 28
H.C.I. PURCHASE AUTHORIZATION- ARTHUR KNIGHT, JR. AND
QUEENIE KNIGHT RESIDENCE, LOT 14 AND THE NORTH 15
FEET OF LOT 13, BLOCK 2, BOOKER T. WASHINGTONADD.
SUBDIVISION...................................................................................... 32
II.C.2 2003 CITRUS BEST MANAGEMENT PRACTICES (BMP) COST -
SHARE CONTRACT #006800- FLORIDA DEPARTMENT OF
NOVEMBER 18, 2003 5
AGRICULTURE AND CONSUMER SERVICES (FDA CS) -
INDIAN RIVER SOIL AND WATER CONSER VA TION
DISTRICT(IRSWCD)........................................................................... 33
II.D.l. HEALTH INSURANCE CONTRACT RENEWALS - BL UE
CROSS BL UE SHIELD OF FLORIDA - SAFECO LIFE
INSURANCE......................................................................................... 34
ILL]. LINDSEY LANES SUBDI VISION STREET LIGHTING - 49TH
STREET WEST OF 43" A VENUE - GIFFORD STREET
LIGHTING DISTRICT (THE PROGRESSIVE CIVIC LEAGUE
OF GIFFORD, FLA., INC.)..................................................................35
ILL2. COUNTY PUBLIC WORKS MAINTENANCE COMPLEX-
COUNTY/SCHOOL DISTRICT FLEET MAINTENANCE
FACILITY -AMENDMENT NO. 4 TO THE PROFESSIONAL
ARCHITECTURAL/ENGINEERING SERVICES CONTRACT -
HANSON PROFESSIONAL SER VICES, INC .................................... 37
I LL3. KINGS HIGHWA Y IMPRO VEMENTS - SETTLEMENT
AGREEMENT AND GENERAL RELEASE - KIMLEY-HORN &
ASSOCIATES - BURKHARDT CONSTR UCTION .............................. 37
ILL 4. RESOLUTIONS 2003-149/150 - VERO PARK SUBDIVISION NO.
2 - PAVING AND DRAINAGE IMPROVEMENTS - 34TH
AVENUE BETWEEN 12TH STREET AND 14TH STREET
(RESOLUTION I AND II) (PROJECT 0126) ....................................... 38
NOVEMBER 18, 2003 6
11.1.5. RIGHT-OF-WAYACQUISITION- 41ST STREET BETWEEN 43RD
A VENUE AND 58TH A VENUE - COUNTY PROJECT NO 0016 -
INDIAN RIVER INDUSTRIAL CENTER, INC ................................... 39
II.J.l. WESTSIDE SUBDIVISION WATER ASSESSMENT - CHANGE
ORDER NO. I - FINAL PAYMENT- TREASURE COAST
CONTRACTING, INC. (BID #5049) (PROJECT WIP NO. 473-
169000-03506)........................................................................................ 40
II.J.2 SOUTH COUNTY WATER TREATMENT PLANT (WTP)
SUR VEY - WORK ORDER NO. 4 A UTHORIZA TION SECURITY
FENCING BID - KIMLEY-HORN & ASSOCIATES, INC ................. 40
II.J.3. CHRIS MAZZARELLA DEVELOPER'S AGREEMENT FOR
CONSTRUCTION OF REGIONAL SEWER SYSTEM AND
MASTER PLANNED FORCE MAIN - MAZARELLA'S
A UTOMOTIVE SER VICE, INC........................................................... 41
II.J.4. DEVELOPER'S AGREEMENT - LES PROPERTIES, LLC
(HOBART INDUSTRIAL PARK) - MASTER PLAN 16 -INCH
WATER MAINALONG 77TH STREET WEST OF U.S HIGHWAY
I- UCP NO. 2387..................................................................................42
12.A. ATTORNEY-CLIENT SESSION WITH THE BOARD OF
COUNTY COMMISSIONERS REGARDING LITIGATION
EXPENDITURES IN THE SETTLEMENT NEGOTIATIONS OF
WELLER POOL CONTRACTORS -NORTH COUNTY
REGIONAL PARK................................................................................ 43
NOVEMBER 18, 2003 7
I3.A CHAIRMAN KENNETH R. MA CHT - LAND ACQUISITION
ADVISORY COMMITTEE MATTERS................................................43
M.A. EMERGENCY SER VICES DISTRICT ................................................ 44
14.B. SOLID WASTE DISPOSAL DISTRICT ............................................... 44
14.C. ENVIRONMENTAL CONTROL BOARD ............................................ 44
NOVEMBER 18, 2003 8
November 18, 2003
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on
Tuesday, November 18, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline
D. Ginn, Vice Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur
R. Neuberger. Also present were Joseph Baird, Acting County Administrator; William G.
Collins II, County Attorney; and Maria I. Suesz, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Planning Director Stan Boling of the Community Development Department
delivered the Invocation.
NOVEMBER 18, 2003 1
3. PLEDGE OF ALLEGIANCE
County Attorney William G. Collins led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Macht requested the following changes to today's Agenda:
Additions: Item 7.X. Constitutional Officer's Financial Report FY
2002/2003, Roy Raymond, Sheriff
Item 7.Y. Constitutional Officer's Financial Report FY
2002/2003 - Charles Sembler, Tax Collector
Item 9.13.3 Robert Johnson's request to discuss Oslo Road
and 43rd Avenue Intersection
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Neuberger, the Board unanimously made the
above changes to the Agenda.
5.A. INTRODUCTION OF THOMAS MAHER THE NEW INDIAN
RIVER COUNTY SUPERINTENDENT OF PUBLIC SCHOOLS
Chairman Macht introduced the new Indian River County Superintendent of Public
Schools, Thomas Maher.
NOVEMBER 18, 2003 2
Mr. Maher pledged his complete cooperation and, on behalf of the School Board, a spirit
of serving the public in this governmental process. He thanked everyone for the warm welcome
to the community.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING
NOVEMBER 2003 AS CHRISTIAN HERITAGE WEEK
Commissioner Ginn read the Proclamation into the record and presented it to
Robert Johnson who expressed thanks to the Commissioners on behalf of the American Family
Association.
6. APPROVAL OF MINUTES - SPECIAL MEETING OF
OCTOBER 6, 2003
The Chairman asked if there were any corrections or additions to the minutes of
the Special Joint Meeting on October 6, 2003 with the Sebastian Inlet Tax District. There were
none.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved
the minutes of the Special Joint Meeting on October 6, 2003
with the Sebastian Inlet Tax District , as written and
distributed.
NOVEMBER 18, 2003 3
7. CONSENT AGENDA
County Attorney Collins requested Item 7.M. be pulled for explanation.
Commissioner Neuberger requested Item 7.U. and Commissioner Ginn requested
Items 7.E., 7.F., and 7.N. be pulled for discussion.
7.A. APPROVAL OF WARRANTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
October 24-30, 2003, as requested.
7.B APPROVAL OF WARRANTS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
October 31 —November 6, 2003, as requested.
NOVEMBER 18, 2003 4
7.C. SUPERVISOR OF ELECTIONS -CONSTITUTIONAL OFFICER'S
ANNUAL FINANCIAL REPORTFY2002/2003
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously accepted
the Supervisor of Election's Annual Financial Report for FY
2002/2003.
7.D. PROPERTYAPPRAISER —CONSTITUTIONAL OFFICER'S ANNUAL
FINANCIAL REPORTFY200212003
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously accepted
the Property Appraiser's Annual Financial Report for FY
2002/2003.
7.E. APPOINTMENT OF DR. DAVID COX TO THE MARINE ADVISORY
NARROWS WATERSHED ACTION COMMITTEE (MANWA0 —
REPRESENTING MARINE RESOURCES COUNCIL -REPLACING
DIANE BARILE
NOVEMBER 18, 2003 5
(CLERK'S NOTE: THIS ITEM WAS HEARD PRIOR TO ITEM 7.A., BUT IS
PLACED HERE FOR CONTINUITY.)
Commissioner Ginn understood that the MANWAC committee members
also serve on other committees and she asked if there was a rule regarding that.
Chairman Macht said it has been discussed that as a practice they should
not serve on two committees, but it has not been made a rule.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously approved the
appointment of Dr. David Cox to the Marine Advisory
Narrows Watershed Action Committee (MANWAC), as
recommended in the memorandum.
7.F. APPOINTMENT OF .JAMES GRANSE TO THE MARINE ADVISORY
NARROWS WATERSHED ACTION COMMITTEE (MANWAC)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Adams, the Board unanimously approved the
appointment of James Granse to Marine Advisory Narrows
Watershed Action Committee (MANWAC), as
recommended in the memorandum.
NOVEMBER 18, 2003 6
7.G. APPOINTMENT OF WALTER WRIGHT TO THE METROPOLITAN
PLANNING ORGANIZATION CinzENS ADVISORY COMMITTEE
(MPO CAC) — REPLACING LEONARD MILLER
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously appointed
Walter Wright to the Metropolitan Planning Organization
Citizens Advisory Committee (MPO CAC) for a one-year
term, as recommended in the memorandum.
7.H. NINETY FIVE SOUTH — AMENDMENT TO CONTRACT FOR
CUSTODIAL SERVICES AT SANDRIDGE GOLF COURSE FACILITIES
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously amended
the current contract with Ninety Five South to include the
facilities at Sandridge Golf Course and established the
hourly rate of $14.00 per hour for this service for one
custodial position during the term of this contract and
authorized the Chairman to sign the proposed amendment, as
recommended in the memorandum.
NOVEMBER 18, 2003 7
AMENDMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.1. OFFICE OF THE MEDICAL EXAMINER - DISTRICT 19. FLORIDA —
AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN
THE DISTRICT BOARD OF TR USTEES OF INDIAN RIVER
COMMUNITY COLLEGE AND INDIAN RIVER COUNTY, MARTIN
COUNTY, OKEECHOBEE COUNTY, AND ST. LUCIE COUNTY
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the amended and restated Interlocal Agreement with the
Medical Examiner, District 19, Florida, between the District
Board of Trustees of Indian River effective October 1, 2003,
as recommended in the memorandum.
COPY OF PARTIALLY EXECUTED
INTERLOCAL AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
NOVEMBER 18, 2003 8
U RESOLUTION 2003-142 -SUPPLEMENTAL TRANSPORTATION
.JOINT PAR TICIPATIONAGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FD 0T) (COUNCIL ON
AGING — COMMUNITY COACH)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution 2003-142 authorizing the execution of a
Supplemental Public Transportation Joint Participation
Agreement with the Florida Department of Transportation.
COPY OF PARTIALLY EXECUTED
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.K. STATE CRIMINAL ALIENASSISTANCE PROGRAM (SCRAP) —
DEPARTMENT OF JUSTICE B UREA U OF JUSTICE ASSISTANCE
(B.JA) — .JUSTICE BENEFITS. INC
NOVEMBER 18, 2003 9
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
payment to Justice Benefits, Inc. in the amount of $8,385.96,
as requested in the memorandum.
U. RESOLUTIONS 2003-143/145 - PROPERTYACQUISITION— TAX
CANCELLATIONS— CA Two INCORPORATED, RIGHT -OF -WAY -
41ST STREET (2003-143). LANDCO V. INC., RIGHT -OF- WA Y-
69TL'STREET
IGHTof-WAY-
69THSTREET (2003-144). OSLO TRADE CENTER —RIGHT-OF-WAY
- BARBER STREET (2003-145)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution 2003-143 canceling taxes upon publicly owned
lands, pursuant to section 196.28, Florida Statutes. (Cathco
Incorporated, Right -of -Way - 41St Street.)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution No. 2003-144 canceling taxes upon publicly
owned land, pursuant to section 196.28, Florida Statutes.
(LANDCO V, Inc., Right -of -Way - 69th Street.)
NOVEMBER 18, 2003 10
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution No. 2003-145 canceling taxes upon publicly
owned land, pursuant to section 196.28, Florida Statutes.
(Oslo Trade Center, Right -of -Way - Barber Street.)
7.M. REPEAL OF B UILDING CODE BOARD OF ADJUSTMENT AND
APPEALS — SECTION 103.03.3 OF THE INDIAN RIVER COUNTY
CODE — REQUEST TO ADVERTISE PUBLIC HEARING ON
DECEMBER 9.2003
(CLERK'S NOTE: THIS ITEM WAS HEARD PRIOR TO ITEM 7.A.
AND PLACED HERE FOR CONTINUITY.)
County Attorney Collins explained that this request is to change the name
"Building Code Board of Adjustment & Appeals" to "The Construction Board of
Adjustment and Appeals" to comply with the Florida Building Code and to repeal
Section 103.03.3 of our Code.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously authorized a
Public Hearing on December 9, 2003 to consider repealing
Code Section 103.03.3, as recommended in the
memorandum.
NOVEMBER 18, 2003 11
7.N. DISSOL VING THE AFFORDABLE HOUSING ADVISORY COMMITTEE
— REQUEST FOR PUBLIC HEARING
(CLERK'S NOTE: THIS ITEM WAS HEARD PRIOR TO 7.A. AND IS
PLACED HERE FOR CONTINUITY.)
Commissioner Ginn said she cannot support this request. She felt we
need to keep advisory committees and she was concerned about dissolving this
committee when the public is not involved.
Community Development Director Robert Keating explained that the
SHIP Program is currently performing more functions than that of the Affordable
Housing Committee and this was the only reason staff was advocating the
dissolution.
Commissioner Ginn felt that a partnership of lenders and real estate
people could not represent the public's interest and she would like to see a group
from the public in the advisory capacity.
County Attorney Collins clarified that previously the Board adopted a
Resolution to dissolve the Committee and this request is to delete the Ordinance
that makes reference to that Committee.
Commissioner Adams suggested that Commissioner Ginn visit with the
County Attorney to restructure a new committee.
County Attorney Collins suggested that Commissioner Ginn meet with
Planner Sasan Rohani who helped create the Ordinance.
NOVEMBER 18, 2003 12
MOTION WAS MADE by Commissioner Ginn,
SECONDED by Commissioner Lowther, to investigate
restructuring a new committee.
Under discussion, Attorney Collins advised they should not advertise the
Public Hearing if the wish of the Board is to reinstate this committee.
Commissioner Ginn withdrew her motion.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board unanimously denied
staff's recommendation and directed staff to bring the matter
back at a later date.
7.0. RESOLUTION 2003-146 —URGING THE STATE TO SUPPORT
EXISTING FLORIDA WATER LAW AS IT RELATES TO THE SALE OR
TRANSFER OF WATER ALLOCATIONS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution 2003-146, urging the Governor and the Florida
NOVEMBER 18, 2003 13
Legislature to support existing Florida Water Law as it
relates to the sale or transfer of water allocations, local
sources first, or any other provisions in law that protect the
State's water resources or its authority to reserve water for
the natural system and urging the governor and legislature to
oppose modifications to Florida Water Law that shift water
supply allocations from a publicly regulated process to a
market driven process or that undermine the fundamental
principles that establish a right -of -use, not a right of
ownership, of Florida's water resources.
LETTER IS ON FILE WITH THE BACKUP IN THE
OFFICE OF THE CLERK TO THE BOARD
7.P. GRANT-IN-AID AGREEMENT FOR CHILD DEPENDENCY COURT
REPRESENTATION — .JUSTICE ADMINISTRATIVE COMMISSION —
19TH .JUDICIAL CIRCUIT
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the Grant -in -Aid Agreement for Child Dependency with the
Justice Administrative Commission and authorized the
Chairman to sign the agreement, as recommended in the
memorandum.
NOVEMBER 18, 2003 14
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.0. RESOLUTION 2003-147 - MISCELLANEOUS BUDGET AMENDMENT
r/i/M
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution 2003-147, amending the Fiscal Year 2003-2004
Budget.
7.R. FINAL PLAT APPROVAL AND CONTRACT FOR CONSTRUCTION OF
REOUIRED SIDEWALKIMPROVEMENTS - WATERFORD LAKES
SUBDIVISION, PHASE III (FIKIA WILSON PROPERTY) — CLARK
DEVELOPMENT COMPANY (OUASI-.JUDICIAL)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously granted
Final Plat approval for Waterford Lakes Phase III, and
authorized the Chairman to execute a contract for
construction and accept the security bond for the sidewalk
construction, as recommended in the memorandum.
NOVEMBER 18, 2003 15
COPY OF CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.S. BID #6029 — CENTRAL AND SOUTH WASTEWATER TREATMENT
FACILITIES ODOR IMPROVEMENTS—INDIANRIVER INDUSTRIAL
CONTRACTORS
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously awarded
Bid 46029 to Indian River Industrial Contractors in the
amount of $1,678,000, as the lowest most responsive and
responsible bidder meeting the specifications as set forth in
the Invitation to Bid, approved the Sample Agreement, and
authorized the Chairman to execute said agreement when
required performance and payment bonds have been
submitted along with appropriate certification of insurance
and the County Attorney has approved the agreement as to
form and legal sufficiency, as recommended in the
memorandum.
NOVEMBER 18, 2003 16
7.T TRANE CHILLER REPLACEMENT— L'OUNTYADMINISTRATION
BUILDING - MID -STATE MECHANICAL OF VERO BEACH. INC
(BID #6025)
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the Contract with Mid -State Mechanical of Vero Beach, Inc.,
in the amount of $185,413.00, as presented, authorized the
Chairman to execute same upon the appropriate review and
signature of the County Attorney and County Administrator,
and authorized direct purchase of the proposed Chiller, as
recommended in the memorandum.
7. U. BID #5101— 26TH STREET BRIDGE REPLACEMENT — SHEL IRA
AND SONS CONSTRUCTION COMPANY. INC
(CLERK'S NOTE: THIS ITEM WAS HEARD PRIOR TO ITEM 7.A. AND IS
PLACED HERE FOR CONTINUITY.)
In response to Commissioner Neuberger's questions, County Public
Works Director James Davis explained that a three -sided box culvert has no
structural bottom. The bottom of the canal bank would be the bottom. He
explained most contractors do not want to bid jobs calling for Conspans (a precast
NOVEMBER 18, 2003 17
arch) because most of the profit goes to the precast yard. There are only two
manufacturers in Florida and one is in North Florida. The demand for Conspans
in this area is small, but it is growing in popularity.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously awarded Bid
45101 to the sole bidder, Sheltra & Sons Construction
Company, Inc., in the adjusted amount of $1,128,084.15,
with the requested changes as listed in the departmental
memorandum dated November 5, 2003, and approved the
agreement, and authorized the Chairman to execute said
agreement when required performance and payment bonds
have been submitted along with appropriate certification of
insurance and the County Attorney has approved the
agreement as to form and legal sufficiency, as recommended
in the memorandum.
AGREEMENT WILL BE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND SIGNED
NOVEMBER 18, 2003 18
7.V 2004 FELLSMERE FROG LEG FESTIVAL (FFLF) — CONTRACT
AND REAL PROPERTYLEASE AGREEMENT — CITY OF FELLSMERE
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously
authorized the Chairman to sign the Frog Leg Festival
Contract and the Real Property Lease Agreement and
authorized the use of the County tents, as recommended in
the memorandum.
CONTRACT AND LEASE AGREEMENT ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.W. FLOODPLAIN CUT AND FILL BALANCE WAIVER — VERO LAKE
ESTATES. LOT 1. BLOCK 18. UNIT 3. PETER MARSHALL
RESIDENCE, DETACHED STORAGE BUILDING — MOSBY &
ASSOCIATES. INC
NOVEMBER 18, 2003 19
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the Cut and Fill Balance Waiver based on the criteria of
Section 930.07(2)(4)4, as requested in the memorandum.
(Alternative No. 1)
7.X. SHERIFF —CONSTITUTIONAL OFFICER'S ANNUAL FINANCIAL
REPORTFY2002/2003-ROYRAYHOND
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously accepted the
Constitutional Officer's Annual Financial Report FY
2002/2003 from Sheriff Roy Raymond.
REPORT IS ON FILE WITH THE BACKUP IN THE
OFFICE OF THE CLERK TO THE BOARD
7.Y TAX COLLECTOR —CONSTITUTIONAL OFFICER'S ANNUAL
FINANCIAL REPORTFY2002/2003 - CHARLIE SEHBLER
NOVEMBER 18, 2003 20
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Lowther, the Board unanimously accepted the
Constitutional Officer's Annual Financial Report FY 2002-
2003 from Tax Collector Charlie Sembler.
REPORT IS ON FILE WITH THE BACKUP IN THE
OFFICE OF THE CLERK TO THE BOARD
9.A.1. PUBLIC HEARING - RESOLUTION 2003-148 - ADRIENNE
DISSIS - ABANDONMENT OF THE PORTION OF SHORT
STREET BETWEEN 134TH STREET AND THE FLORIDA
EAST COAST RAILROAD RIGHT-OF-WAY (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed his memorandum and displayed an aerial view of
the area (copy is on file). The Short Street right-of-way is a paper street. The plat was recorded
in the early 1900's but the right-of-way has never been developed. It is located north of the
Sebastian City limits and abuts the Florida East Coast (FEC) Railroad right-of-way. It will never
be used as a through street. He asked the Board's approval to abandon the right-of-way and
retain a drainage utility easement over the entire area.
NOVEMBER 18, 2003 21
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Neuberger, the Board unanimously adopted
Resolution 2003-148 for the closing, abandonment, vacation
and discontinuance of a portion of Short Street lying between
134th Street and the Florida East Coast Railroad right-of-
way, reserving an easement over the entire right-of-way, said
land lying in Indian River County, Florida.
9.A.2. PUBLIC HEARING - ST. PETER'S MISSIONARY BAPTIST
CHURCH - SPECIAL EXCEPTION USE APPROVAL FOR
EXPANSION OF A CHARTER SCHOOL - GRACE PINES
STORMWATER SYSTEM (OUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed his memorandum and displayed an aerial
view of the site. This request is for a multi-purpose building already approved and functioning
on the site. Due to its size (10,576 sq. ft.) and residential zoning, RM -10, special exception use
approval is required. They are saving the large oak trees and relocating additional oak trees.
NOVEMBER 18, 2003 22
Part of this proposal is to get permit approval to allow stormwater from the adjacent site (Grace
Pines) to be used for some of the run-off and to obtain an easement over that site.
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter. There being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board unanimously granted
special exception use approval for the requested multi-
purpose building with the following conditions; a) That prior
to the site plan release, the applicant shall obtain a
stormwater easement, acceptable to the County Attorney's
Office, for the use of the Grace Pines stormwater system and
shall obtain a modified LDP for Grace Pines to allow St.
Peter's use of the system; b) That prior to the issuance of a
C.O., the applicant shall plant all buffers as depicted on the
approved plans, as recommended in the memorandum.
Commissioner Adams said she was thankful to hear they are taking care of the oak
trees.
NOVEMBER 18, 2003 23
9.B.I. PUBLIC DISCUSSION ITEM - KAREN LETTS' REOUEST TO
DISCUSS THE INDIAN RIVER COUNTY DANGEROUS DOG
ORDINANCE, SECTION 302.09
Karen Letts, 5208 Eagle Drive, Ft. Pierce, wanted to discuss Section 302.09 of
the Indian River County Code of Ordinances which states that the owner or keeper of a
dangerous dog has to procure liability insurance in the amount of at least one hundred thousand
dollars with a deductible not to exceed five hundred dollars, covering any damage or injury
which may be caused by such vicious dog, etc. She said she has done everything to get this
insurance, but it does not exist. She wanted to know the number of other dog bite cases in the
County and what demands had been placed and action taken.
In response to Commissioner Ginn's questions, Karen Letts said she moved from
Indian River County to Ft. Pierce because animal control was giving her such a hard time.
County Attorney Collins said in order to get a dog released from the Humane
Society you have to provide insurance that is not available. He said at one point Karen Letts was
able to find insurance with a $5,000 deductible instead of $500 as stated in the ordinance. His
office is working to revise that ordinance and he will bring it back next year with some revisions.
If the insurance is not available, the demand should be suspended as a criteria for getting your
dogs back until they determine what is actually available in the way of insurance.
Discussion continued.
County Risk Management Manager Beth Jordan clarified that most homeowners'
policies carry coverage for pets, but some exclude them by weight, breed or mixed breed. Once
it has been determined that you have a dangerous dog, then the insurance companies step back
NOVEMBER 18, 2003 24
and ask the homeowner to find an alternative. She suggested that Karen contact agents that
handle a number of companies.
Chairman Macht said it is a moot matter because she is not a resident of the
County and the County Attorney is already working on revisions to the ordinance.
Acting County Administrator Joseph Baird said she can post a cash bond until the
ordinance is revised.
9.B.2. PUBLIC DISCUSSION - BRIAN HEADY - CONSEOUENCES
OF RECENT DECISIONS ON GROWTH INTO RESIDENTIAL
NEIGHBORHOODS
Brian Heady, a Vero Beach resident, spoke of how developers are bringing
changes to neighborhoods which are causing concern by the residents who do not want to see
their neighborhoods change. He said the Board is no different from outside developers by going
to the City to change the property that the City owns to build the new Administration Building.
He said what the Board plans on building does not resemble what the advisory committee said
they need. It is one more intrusion that changes the neighborhood and quality of life. Many of
the changes are not progress. Mr. Heady strongly felt that the County is incorrectly utilizing
space that they have by lending it to other entities such as the non -profits and the School Board
and if the Board took back that space they could save twenty million dollars.
NO ACTION REQUIRED OR TAKEN.
NOVEMBER 18, 2003 25
9.B.3. PUBLIC DISCUSSION - ROBERT JOHNSON - OSLO ROAD
AND 43" AVENUE INTERSECTION
Robert Johnson, 535 39th Court SW, read his letter regarding the scheduled public
hearing for December 2, 2003 to rezone the northeast corner of 43rd Avenue and Oslo Road. He
believed the reason no comments were made at the Planning and Zoning Commission regarding
rezoning the 43rd Avenue and Oslo Road Intersection was due to the fact that the local
community was not notified by the County and requested no action be taken on December 21'd
He asked that this item be returned for additional consideration by the Planning and Zoning
Commission and for all residents in the surrounding communities to be notified of the pending
changes.
Community Development Director Robert Keating said notices were sent out to
residents within 300 feet of the project as mandated in the regulations. They did advertise in the
paper and on the site with a sign. In this case, the Small Scale Comprehensive Plan Amendment
deals with 38 feet of the property being purchased for a right-of-way on Oslo Road which is
being added to the north part of the subject property and rezoned from heavy commercial to
general commercial.
Attorney Collins said he had a problem sending this back to the Planning &
Zoning Commission if it has been properly advertised according to Code, and Mr. Johnson will
have a full opportunity to participate when it goes before the Board now that he knows about it.
In response to Chairman Macht's question, Director Keating confirmed that the
changes will lessen the intensity of the zoning by going from heavy commercial to general
commercial. Also the 38' is being put on the north part which will allow the County to purchase
the right-of-way at residential prices rather than commercial prices.
NOVEMBER 18, 2003 26
Discussion continued and Director Keating clarified that 1/10th of an acre is being
rezoned from HC to CG. He defined the two types of zoning and said a site plan is being done
for a Walgreens to be built on that property.
Robert Johnson said the proposal does not reflect the impact on the community
and he felt it needs to be discussed further.
Commissioner Lowther felt Oslo is going to be heavily traveled throughout.
NO ACTION TAKEN OR REQUIRED
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON DECEMBER 9, 2003
9.C.1. CONSIDER THE APPROVAL OFA PLAN OF FINANCE TO PROVIDE
CAPITAL INCL UDING THE ISSUANCE FROM TIME TO TIME BY THE
EScAMBIA COUNTYHOUSING FINANCE A UTHORITY ON BEHALF
OFINDIANRIVER COUNTYAND OTHER PARTICIPATING COUNTIES
OF NOT EXCEEDING $150.000.000 SINGLE FAMILYMORTGAGE
REVENUE BONDS. INITIALL YDESIGNA TED AS (MULTI -COUNTY
PROGRAM) SERIES 2004A
NOVEMBER 18, 2003 27
Execute Aide Kim Massung read the notice into the record.
In response to Commissioner Neuberger's question, Acting County Administrator
Joe Baird explained that Indian River County is saving money because it does not have to incur
the issuance cost when Escambia County issues the bonds.
11.A. KEN GODFREY - SAND MINE AT BABCOCK (CR -507) AND
99TH STREET - MICHAEL O'HAIRE'S APPEAL OF
PLANNING & ZONING COMMISSION DECISION TO DENY
A SITE PLAN AND ADMINISTRATIVE PERMIT
APPLICATION (OUASI-JUDICIAL)
Chairman Macht disclosed that Mr. Godfrey came to see him relevant to his plans
and at that time he did not know it was quasi-judicial. Mr. Godfrey stated that he was denied
access on Babcock and he anticipated difficulties with his application to access 99th Street. Since
then it has been denied. Chairman Macht said he did not form an opinion and does not make up
his mind until the public hearing.
Commissioner Lowther said Mr. Godfrey came to see him before he was elected
and he had no knowledge of the situation.
Planning Director Stan Boling reviewed the specific land use requirements and the
criteria pertaining to mining operations. He explained that the mining project failed to meet a
traffic access standard and the Planning and Zoning Commission denied the site plan and
application permit. After the appeal was filed a request was made to allow the mine to operate
on Saturdays and to allow the required perimeter buffers to consist of preserved citrus trees
NOVEMBER 18, 2003 28
rather than 8' tall grassed berms. Director Boling stated that staff is recommending denial of the
request due to the impact on the surrounding residents and due to previous problems and
complaints that arose after allowing another mine to use citrus trees for a buffer.
Attorney Michael O'Haire, O'Haire, Quinn, Chandler and Casalino, representing
Ken and Jennifer Godfrey, the owners of the subject property handed out copies of his
presentation (copy was not furnished to the Clerk) and proceeded to discuss in length Land
Development Regulations, Section 971.22 (b)(4) regarding access to sand mines and the
interpretation of the word "designation" in the regulations. He accused staff of substituting the
word "zoning" everywhere the word "designation" appears, suggesting that designation and
zoning are the same thing. Since the word "zoning" lumps together agricultural and residential
then it can be found that the access road is impermissible. He said if "zoning" was intended then
that word should have been used.
Vona Wohlenberg, 13855 99th Street, said the only entrance and exit to her
property is the same as that for Mr. Godfrey's trucks. She said Mr. Godfrey intends to operate
the mine for 10 years and in 10 years she will be 87 years old. She said her life's savings has
been invested in this property and she pleaded with the Board not to devastate her investment by
approving this request.
Dan Williams, 134th Court, lives a block away from the Godfrey property. He has
been traveling this road for 25 years and he has kids that drive on it and was opposed to the sand
mine.
Mary Saderfield, 9995 Babcock, said she invested in her home for peace and
quiet and felt that there are enough trucks traveling the road now. They do not need more traffic.
Bruce Eaton, 14515 119th Street, a member of the Pioneer Society of Florida, said
he is sorry about the close residence, but Florida is seeing more and more people come into the
state and he feels this is a good thing. He sees this as money coming into Fellsmere instead of
NOVEMBER 18, 2003 29
going through it.
Jennifer Godfrey, 13515 101st Street, said Vona Wohlenberg runs a commercial
business on her property to make money which is no different than what they are asking
permission to do. She displayed pictures to show improvements they have made on their 40
acres that only increased the property value and she read her letter (copy not furnished to the
Clerk) addressing the concerns of surrounding residents, and defended the actions and intents of
her family.
Ken Godfrey, 13515 101st Street, said the reason he bought the property on
Babcock was because Babcock is a truck route. It is the only road that goes through to Brevard
County. Trucks from Brevard County travel that route everyday. He explained that he is a small
businessman and plans to dig one acre a year. He projected a 20 -year project based on the
permit he has acquired from St. Johns River Water Management District. It was the County that
told him he can only dig for 10 years. He explained the reason he requested 7 days a week was
because he feels he is being regulated when trucks already travel on Babcock every Saturday and
Sunday. In regard to the citrus buffer, he showed a picture of the 30-35 foot tall oak trees and
felt they will provide more of a buffer than grassy berm. He said he felt that he was being
portrayed as a villain.
Commissioner Adams responded to Mr. Godfrey's comments. She said CR -507
(Babcock) is not designated as a truck route. She complimented him, however, for having a
beautiful place. She told Attorney O'Haire that she was disappointed in him because the photos
he displayed were misleading. She felt this was not a traffic issue but a sand mine in the middle
of one -unit -per -5 -acre ranches. She reminded the Board that when the ordinance was prepared
three years ago they made the requirement for sand mining an administrative permit in order to
deal with each one on an individual basis because of the probability of a large impact. She
stressed that the Godfrey's cannot have such an impact on their neighbors, and she did not see
anything that has changed in three years.
NOVEMBER 18, 2003 30
MOTION WAS MADE by Commissioner Adams,
SECONDED BY Commissioner Ginn, for the Board to
approve staff's recommendation. (Motion was withdrawn
later in the meeting)
Discussion ensued.
County Attorney Collins said the criteria for a sand mine is to have direct access to
a collector or arterial roadway. They do have the access to Babcock, but they do not have the
300' separation from residences. Therefore, they have proposed an access on 99th Street at a
point not within 300' of any residence; to make some improvements at the intersection; and to
meet the criteria of direct access to a collector, arterial, or local road that serves only non-
residential uses, or properties designated for non-residential uses.
Mr. O'Haire pointed out that the local road they would access is designated for
non-residential uses, and staff said they allow residences in agricultural zoning districts. There is
a distinction between a zoning district and a planned use designation and he reads it that the
Godfreys qualify for approval.
Commissioner Lowther said he had no problem in granting approval.
Chairman Macht commented that if they meet the requirements of the law and are
denied here by the Board, they have a remedy in civil court.
Commissioner Ginn withdrew her second to the motion.
(Motion died for lack of a second.)
NOVEMBER 18, 2003 31
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Ginn, the Board (4-1, Commissioner Adams
opposed) upheld the appeal and approved the project;
approved the conditions outlined in staff's Planning &
Zoning report; limited project operations limited to
weekdays from 7 a.m. to 5 p.m., and denied citrus trees to
constitute the required perimeter buffer; instead, the 8'
grassed berm buffer proposed at the Planning & Zoning
Commission should apply, all as recommended in the
memorandum.
(CLERK'S NOTE: CHAIRMAN MACHT CALLED A SHORT RECESS AT 11:17 A.M.
THERE WAS PREVIOUS CONSENSUS THAT THE NEXT ITEM WOULD BE 12.A. THE
MEETING RECONVENED AT 11:27 A.M. WITH ALL MEMBERS PRESENT. THE NEXT
ITEM HEARD WAS 12.A., BUT THESE MINUTES FOLLOW THE AGENDA ORDER FOR
CONTINUITY PURPOSES.)
11.C.1. PURCHASE AUTHORIZATION -ARTHUR KNIGHT, JR. AND
OUEENIE KNIGHT RESIDENCE, LOT 14 AND THE NORTH
15 FEET OF LOT 13, BLOCK 2, BOOKER T. WASHINGTON
ADD. SUBDIVISION
NOVEMBER 18, 2003 32
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously
authorized the acquisition of the Arthur Knight, Jr. and
Queenie Knight residence at a price not to exceed $159,000
and authorized the County Attorney to move forward with
the necessary steps to closing on the purchase subject to the
County being granted authorization to initiate any needed
zoning changes prior to closing, and that the Chairman be
authorized to execute any necessary documents to
accomplish the acquisition as approved by the Board.
11.C.2 2003 CITRUS BEST MANAGEMENT PRACTICES (BMP)
COST -SHARE CONTRACT #006800- FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES (FDACS) - INDIAN RIVER SOIL AND WATER
CONSERVATION DISTRICT (IRSWCD)
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the list of projects submitted by the IRSWCD entitled
Applicant Score Summary (copy in file), which allocates all
of the $269,681 Fiscal Year 2003 FDACS cost share funds
according to their rules; authorized the Chairman to execute
the individual contracts with growers as approved on the
NOVEMBER 18, 2003 33
applicant score sheet as reviewed and approved by the
County Attorney prior to execution by the Chairman; and
approved the submittal of applications for the allocation of
the next fiscal year (2004) $250,000 cost share funds as soon
as the 2003 individual contracts are fully executed, as
recommended in the memorandum.
COST SHARE GRANT CONTRACTS (12) ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
I I.D.I. HEALTH INSURANCE CONTRACT RENEWALS - BLUE
CROSS BLUE SHIELD OF FLORIDA - SAFECO LIFE
INSURANCE
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Ginn, the Board unanimously approved the
renewal contracts with Blue Cross Blue Shield of Florida and
SAFECO Life Insurance Company for fiscal year 10/01/03 —
09/30/04, as recommended in the memorandum.
CONTRACT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
NOVEMBER 18, 2003 34
1LL1. LINDSEY LANES SUBDIVISION STREET LIGHTING - 49TH
STREET WEST OF 43" AVENUE - GIFFORD STREET
LIGHTING DISTRICT (THE PROGRESSIVE CIVIC LEAGUE
OF GIFFORD, FLA., INC.)
MOTION WAS MADE by Commissioner Ginn,
SECONDED by Commissioner Lowther, to deny the
request. (Alternative No. 1)
Under discussion, Commissioner Neuberger said he interpreted the request to
combine the two districts and asked for further explanation.
Public Works Director Jim Davis gave a brief history back to the 1980's and
explained how the Gifford Street Lighting District evolved. Lindsey Lanes was developed later
in the 1990s and they formed their own street lighting scheme, which involved different and
more intense lights than the Gifford Street Lighting District. According to the Progressive Civic
League of Gifford, Fl., Inc. the Lindsey Lanes area should not be withdrawn from the Gifford
Street Lighting District because Lindsey Lanes benefit from the lighting on the arterial roads.
Ed Bernacki, President of the Lindsey Lanes Homeowners Association, explained
initially streetlights were never installed in Phase 1 and after 10 years they learned they needed
to install lighting or be in violation of the County Ordinance.
Robert Snyder, 4865 48th Avenue, Vice President of the Lindsey Lanes
Homeowners Association, described the events leading up to their request and stated that the
Association feels they are being treated unfairly by having to pay into the District through ad
NOVEMBER 18, 2003 35
valorem taxes and also pay for their street lights separately.
There was a question and answer period and Commissioner Neuberger suggested
changing the boundaries, which would involve amending the ordinance and redefining the
boundaries according to Attorney Collins. All subdivisions of 3 acres or more are required to
provide street lighting within their subdivision by direct contract with Florida Power & Light.
Discussion ensued whereby County Engineer Christopher Mora pointed out that
other subdivisions also are part of the District and pay ad valorem taxes.
Chairman Macht thought it should go back to staff to resolve.
Acting County Administrator Baird cautioned the Board not to set a precedent.
In defense of his argument, Mr. Snyder questioned why the subdivision should be
held responsible for something not done by the original builder and something not followed up
by the County, because for 10 years they had no street lights.
Commissioner Adams explained that once the developer is through, the only one
left is the Homeowners' Association.
Discussion continued and it was determined that the Lindsey Lanes Homeowners
Association's argument should be with the developer.
Chairman Macht CALLED THE QUESTION and the
motion carried, (4-1, Commissioner Neuberger opposed.)
(The Board denied the request by Lindsey Lanes and
approved keeping the two street light systems separate
{Alternative No. 1 } ).
NOVEMBER 18, 2003 36
11.I.2. COUNTY PUBLIC WORKS MAINTENANCE COMPLEX -
COUNTY/SCHOOL DISTRICT FLEET MAINTENANCE
FACILITY - AMENDMENT NO. 4 TO THE PROFESSIONAL
ARCHITECTURAL/ENGINEERING SERVICES CONTRACT -
HANSON PROFESSIONAL SERVICES, INC.
ON MOTION by Commissioner Adams, SECONDED BY
Commissioner Neuberger, the Board approved Amendment
No. 4 and authorized the Chairman to execute the
Amendment, as recommended in the memorandum.
AMENDMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.I.3. KINGS HIGHWAY IMPROVEMENTS - SETTLEMENT
AGREEMENT AND GENERAL RELEASE - KIMLEY-HORN
& ASSOCIATES - BURKHARDT CONSTRUCTION
ON MOTION by Commissioner Ginn, SECONDED BY
Commissioner Neuberger, the Board approved the
Settlement Agreement and General Release (with Kimley-
Horn and Associates, Inc.), as recommended in the
memorandum.
NOVEMBER 18, 2003 37
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.I.4. RESOLUTIONS 2003-149/150 - VERO PARK SUBDIVISION
NO. 2 - PAVING AND DRAINAGE IMPROVEMENTS - 34TH
AVENUE BETWEEN 12TH STREET AND 14TH STREET
(RESOLUTION I AND II) (PROJECT 0126)
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Ginn, the Board unanimously adopted
Resolution 2003-149, providing paving and drainage
improvements to 34th Avenue between 12th Street and 14th
Street in Vero Park Subdivision No. 2 (unrecorded),
providing the total estimated cost, method of payment of
assessments, number of annual installments, and legal
description of the area specifically benefited.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Ginn, the Board unanimously adopted
Resolution 2003-150, setting a time and place at which the
owners of property on 34th Avenue from 12th Street to 14th
Street in Vero Park Subdivision No. 2 (unrecorded) County
Project 40126 and other interested persons may appear
before the Board of County Commissioners and be heard as
NOVEMBER 18, 2003 38
to the propriety and advisability of making paving and
drainage improvements to said property as to the cost
thereof, as to the manner of payment therefor and as to the
amount thereof to be specifically assessed against each
property benefited thereby.
11.L5. RIGHT-OF-WAY ACOUISITION - 41ST STREET BETWEEN
43" AVENUE AND 58TH AVENUE - COUNTY PROJECT NO
0016 - INDIAN RIVER INDUSTRIAL CENTER, INC.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved
the Right -of -Way Acquisition in the amount of $6,048.00
and authorized the Chairman to execute the Agreement, as
recommended in the memorandum.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
NOVEMBER 18, 2003 39
11.J.1. WESTSIDE SUBDIVISION WATER ASSESSMENT - CHANGE
ORDER NO. 1 - FINAL PAYMENT - TREASURE COAST
CONTRACTING, INC. (BID #5049) (PROJECT WIP NO. 473-
169000-03506)
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Ginn, the Board unanimously approved final
payment in the amount of $14,474.98 to Treasure Coast
Contracting, Inc. and authorized the Chairman to execute
Change Order No. 1, as recommended in the memorandum.
CHANGE ORDER i IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.2 SOUTH COUNTY WATER TREATMENT PLANT (WTP)
SURVEY - WORK ORDER NO. 4 AUTHORIZATION
SECURITY FENCING BID - KIMLEY-HORN & ASSOCIATES,
INC.
NOVEMBER 18, 2003 40
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Lowther, the Board unanimously authorized
Kimley-Horn and Associates, Inc. to survey the South RO
Water Treatment Plant's boundary and authorized the
Department of Utilities and the Purchasing Department to
bid the subject site's fencing project, as recommended in the
memorandum.
WORK ORDER NO. 4 IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.3. CHRIS MAZZARELLA DEVELOPER'S AGREEMENT FOR
CONSTRUCTION OF REGIONAL SEWER SYSTEM AND
MASTER PLANNED FORCE MAIN - MAZARELLA'S
AUTOMOTIVE SERVICE, INC.
ON MOTION by Commissioner Ginn, SECONDED by
Commissioner Neuberger, the Board unanimously approved
the Developer's Agreement as presented, authorized the
Department of Utility Services to recover connection
charges, capacity charges, and line extension fees from
future developments, and authorized the Chairman to
execute same, as recommended in the memorandum.
NOVEMBER 18, 2003 41
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
11.J.4. DEVELOPER'S AGREEMENT - LES PROPERTIES, LLC
(HOBART INDUSTRIAL PARK) - MASTER PLAN 16 -INCH
WATER MAIN ALONG 77TH STREET WEST OF U.S.
HIGHWAY 1- UCP NO. 2387
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Ginn, the Board approved the Developer's
Agreement as presented and authorized the Chairman to
execute the same, as recommended in the memorandum.
AGREEMENT IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
NOVEMBER 18, 2003 42
12.A. ATTORNEY-CLIENT SESSION WITH THE BOARD OF
COUNTY COMMISSIONERS REGARDING LITIGATION
EXPENDITURES IN THE SETTLEMENT NEGOTIATIONS OF
WELLER POOL CONTRACTORS - NORTH COUNTY
REGIONAL PARK
(CLERK'S NOTE: AT 11:38 A.M. THE CHAIRMAN RECESSED THE MEETING TO
HOLD AN ATTORNEY-CLIENT SESSION IN THE COUNTY ADMINISTRATOR'S
CONFERENCE ROOM. THE COMMISSIONERS LEFT THE CHAMBERS. AT 11:53 A.M.
THE CHAIRMAN RECONVENED THE BOARD MEETING IN THE CHAMBERS.)
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Ginn, the Board unanimously accepted
outside Counsels recommendation.
13.A CHAIRMAN KENNETH R. MACHT - LAND ACOUISITION
ADVISORY COMMITTEE MATTERS
Chairman Macht referenced the Press Journal editorial that stated if we are going
to have a land acquisition program we should consider requiring impact fees on new
developments instead of taxing individuals. A more feasible program, in his opinion, would be
to purchase a revenue bond to have the money upfront and take the burden off the taxpayer.
NOVEMBER 18, 2003 43
CONSENSUS WAS to authorize the County Attorney to
look into the feasibility of revenue bonds and bring back a
recommendation at a later date.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes
are being prepared separately.
14.C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately.
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 18, 2003 44
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 12:24 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
BCC/MIS/3003 /Minute s
NOVEMBER 18, 2003 45