HomeMy WebLinkAbout11/07/2006 (5)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 7, 2006
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS ............................................................................................................ 2
5.PROCLAMATIONS AND PRESENTATIONS ....................................... 2
A.PSCNAR
RESENTATION OF UMMARY OF OUNTYWIDE EEDS SSESSMENT EPORT
MGTA,I. ........................................................................................2
BY OF MERICA NC
B.PRCVB
RESENTATION OF EQUEST FROM THE ITY OF ERO EACH FOR
PATCRP
ERMANENT PPOINTMENT TO THE REASURE OAST EGIONAL LANNING
C .....................................................................................................................3
OUNCIL
C.PPDN11,2006,
RESENTATION OF ROCLAMATION ESIGNATING OVEMBER AS
VD ...........................................................................................................5
ETERANS AY
D.PCGPFC&
RESENTATION OF LOUD ROVE ROJECT BY LORIDA ONSERVANCY
DG,LLC/LH,I. .................................................6
EVELOPMENT ROUP ENNAR OMES NC
6.APPROVAL OF MINUTES – NONE ........................................................ 7
November 7, 2006
1
7.CONSENT AGENDA ................................................................................... 8
A.R .....................................................................................................................8
EPORTS
7.B.AW–O13-19,2006 ..................................................8
PPROVAL OF ARRANTS CTOBER
7.C.AW–O20–26,2006 .................................................8
PPROVAL OF ARRANTS CTOBER
7.D.PHJTAR
ROCLAMATION ONORING ONATHAN URNER FOR TTAINING THE ANK OF
ES .............................................................................................................9
AGLE COUT
7.E.RDCAD
ESOLUTION ELEGATING TO THE OUNTY DMINISTRATOR OR ESIGNEE
AESMC
THE UTHORITY TO XECUTE TANDARD ODIFICATIONS TO ONTRACTS FOR
CRSI
ONSTRUCTION OF EQUIRED IDEWALK MPROVEMENTS AND
ACDEA,A .........9
CCOMPANYING ASH EPOSIT AND SCROW GREEMENTS IF PPLICABLE
7.F.PWVB,L.’RE
OINTE EST OF ERO EACH TDS EQUEST FOR AN XTENSION TO
CRSPWSV,
OMPLETE EMAINING IDEWALKS WITHIN OINTE EST OUTH ILLAGE
PIP.D. ...............................................................................................................9
HASE
7.G.S,P.D.ECRSS ...... 10
EASONS XTENSION TO OMPLETE EMAINING IDEWALK EGMENT
7.H.TAS,RD,AV
HE NTILLES UBDIVISION EQUEST FROM EVELOPER NTILLES ERO
B,LLC,ECRI ...... 11
EACH FOR AN XTENSION TO OMPLETE EQUIRED MPROVEMENTS
7.I.CLSEDC ............................. 12
ONTRACT FOR EGAL ERVICES FOR MINENT OMAIN ASES
7.J.QIR ............................................................................ 12
UARTERLY NVESTMENT EPORT
7.K.EFRIRCTC’O
XCESS EE EPORT OF THE NDIAN IVER OUNTY AX OLLECTORS FFICE
.................................................................................................................................. 13
7.L.MBA025 .......................................................... 13
ISCELLANEOUS UDGET MENDMENT
7.M.DSDESAGA,
ORI LOSBERG RIVER DUCATION AFETY CT RANT WARD
MBA003 .......................................................... 13
ISCELLANEOUS UDGET MENDMENT
7.N.IRCHD2006/2007FS ........... 14
NDIAN IVER OUNTY EALTH EPARTMENT EE CHEDULE
7.O.IRCJEPDCON5 ............... 14
AIL XPANSION ROJECT EDUCTIVE HANGE RDER UMBER
7.P.HSIRCLS ..................... 15
OLIDAY CHEDULE FOR NDIAN IVER OUNTY IBRARY YSTEM
7.Q.ACON.1NEO
CCEPTANCE HANGE RDER O FOR THE EW MERGENCY PERATIONS
C .................................................................................................................... 15
ENTER
7.R.AAMRNC
PPROVAL FOR DDITIONAL EETING OOM IN EW OUNTY
AB .................................................................................... 16
DMINISTRATION UILDING
November 7, 2006
2
8.A.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES .................................................................................................. 17
A.JK.B,IRCCCC: ........... 17
EFFREY ARTON NDIAN IVER OUNTY LERK OF IRCUIT OURT
B.KC,IRCSE ........................... 17
AY LEM NDIAN IVER OUNTY UPERVISOR OF LECTIONS
C.DN,IRCPA: ............................. 18
AVID OLTE NDIAN IVER OUNTY ROPERTY PPRAISER
D.RR,IRCS: ................................................. 18
OY AYMOND NDIAN IVER OUNTY HERIFF
E.CW.S,IRCTC:........................ 20
HARLES EMBLER NDIAN IVER OUNTY AX OLLECTOR
9.PUBLIC ITEMS .......................................................................................... 21
A.PUBLIC HEARING – ................................................................................. 21
1.OSLO ROAD PROPERTY EXCHANGE WITH CHRISTINE
BROWNING ................................................................................................ 21
2.SECOND PUBLIC HEARING AND ADOPTION OF
RESOLUTION EXPANDING BOUNDARIES OF COUNTY
SEAT, OFFICE OF THE SUPERVISOR OF ELECTIONS ................ 22
9.B.PUBLIC DISCUSSION ITEMS – ............................................................. 23
1.REQUEST TO SPEAK FROM GLENN LEGWEN REGARDING
EXTENSION OF DEMOLITION ............................................................ 23
2.REQUEST TO SPEAK FROM MICHAEL O’HAIRE
REGARDING AUTHORIZATION OF LOCATION OF
FACILITY FOR HOMELESS IN RESIDENTIAL
NEIGHBORHOOD..................................................................................... 25
November 7, 2006
3
3.REQUEST TO SPEAK FROM JOE PALADIN, GROWTH
AWARENESS COMMITTEE, REGARDING THE WAIVING OF
FORM BOARD INSPECTIONS FOR DIVOSTA ................................. 28
4.REQUEST TO SPEAK FROM BRIAN HEADY REGARDING
SAVING TAX DOLLARS ......................................................................... 29
5.REQUEST TO SPEAK FROM SUSAN A. THOMASSON, VICE
PRESIDENT, VERO LAKE ESTATES PROPERTY OWNERS,
REGARDING SPRAYING VEGETATION IN SWALES WITH
TOXIC CHEMICALS ................................................................................ 30
9.C.PUBLIC NOTICE ITEMS ......................................................................... 31
1.NSPHN14,2006: ......................... 31
OTICE OF CHEDULED UBLIC EARING OVEMBER
AS201.09(D)IRCC(L)
MENDMENT TO ECTION OF NDIAN IVER OUNTY ODE EGISLATIVE
.................................................................................................................................. 31
10.COUNTY ADMINISTRATOR’S MATTERS ........................................ 31
11.A.COMMUNITY DEVELOPMENT - NONE ............................................ 33
11.B.EMERGENCY SERVICES - NONE ........................................................ 33
11.C.GENERAL SERVICES - NONE ............................................................... 33
11.D.HUMAN RESOURCES - NONE .............................................................. 33
11.E.HUMAN SERVICES - NONE ................................................................... 33
November 7, 2006
4
11.F.LEISURE SERVICES - NONE ................................................................. 33
11.G.OFFICE OF MANAGEMENT AND BUDGET - NONE ...................... 33
11.H.RECREATION - NONE ............................................................................. 33
11.I.1PUBLIC WORKS - NONE ........................................................................ 33
11.J.1UTILITIES SERVICES ............................................................................. 34
12.COUNTY ATTORNEY .............................................................................. 35
A.PEWP,GSP ......... 35
ROPERTY XCHANGE WITH INDSOR ROPERTIES OLDEN ANDS ARK
13.COMMISSIONERS ITEMS ...................................................................... 37
ACHAIRMAN ARTHUR R. NEUBERGER - NONE .............................. 37
B.VICE CHAIRMAN GARY C. WHEELER ............................................. 37
C.COMMISSIONER SANDRA L. BOWDEN - NONE ............................ 39
D.COMMISSIONER WESLEY S. DAVIS - NONE .................................. 39
E.COMMISSIONER THOMAS S. LOWTHER – NONE ........................ 39
14.EMERGENCY SERVICES DISTRICT AND BOARDS ...................... 39
A.ESD ............................................................................ 40
MERGENCY ERVICES ISTRICT
November 7, 2006
5
4.B. SOLID WASTE DISPOSAL DISTRICT ................................................. 40
1.AMS19,2006M.................................. 40
PPROVAL OF INUTES OF EPTEMBER EETING
2.AFP&L(FPL)E ................................. 40
PPROVAL OF LORIDA OWER IGHT ASEMENT
14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 41
15.ADJOURNMENT ....................................................................................... 41
November 7, 2006
6
November 7, 2006
MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, November 7, 2006, at 9:00 a.m. Present were Chairman Arthur R. Neuberger, Vice
Chairman Gary C. Wheeler, Commissioners Sandra L. Bowden, Wesley S. Davis, and Thomas S.
Lowther. Also present were Administrator Joseph A. Baird, County Attorney William G. Collins
II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Neuberger called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Ray Scent of the Gathering of Devoted Servants (G.O.D.S.) delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Thomas S. Lowther led the Pledge of Allegiance to the Flag.
November 7, 2006
1
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS
1.Additional backup – Item 5.B, Letter from City of Fellsmere dated November 6,
2006.
2.Item 7.F, replacement of pages 66 – 70
3.Item 12.A – All pages replaced due to missing items.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously made the
above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
A. PSCN
RESENTATION OF UMMARY OF OUNTYWIDE EEDS
ARMGTA,I.
SSESSMENT EPORT BY OF MERICA NC
Moranda Swanson
, Assistant Director of the Health Department and a member of
the Needs Assessment Committee, reported that in January of 2006 the Board approved the
process to go forward in the contract for the Third Countywide Needs Assessment. She introduced
Consultant Nina Barrios, and Associate Barbara Allen, who were to present the findings of the
Needs Assessment Survey.
Nina Barrios,
MGT of America, presented an overview of the process of the Needs
Assessment and the Implementation Plan. By way of a slide presentation, she discussed the Needs
November 7, 2006
2
Assessment Coordination Team, listing all members of the Team and thanking them for their
commitment throughout the process.
Barbara Allan
, SRA Research Group, illustrated how she got input from
community members who assisted with telephone interviews/survey and functioned as focus
groups as well. She outlined the results of the comprehensive needs assessment survey, which
covered family life and economic stability, child health and education, adult health and
functioning, needs of elderly and disabled adults, and safety and security.
Commissioner Wheeler asked whether the results of the survey were from “hard
statistics on what is real” or was it all from the opinion of residents as to what they perceived to be
real or factual and may not be based on statistics.
Ms. Barrios
responded thatthe results were from both. She concluded the
presentation discussing the rate of crime and violence in high schools, implementation plan goals,
family life, and needs assessment planning meeting results, among others.
Chairman Neuberger thanked the Group for the Report.
B. PRCVB
RESENTATION OF EQUEST FROM THE ITY OF ERO EACH FOR
PATCR
ERMANENT PPOINTMENT TO THE REASURE OAST EGIONAL
PC
LANNING OUNCIL
Chairman Neuberger offered a brief background on the number of seats on the
Treasure Coast Regional Planning Council (TCRPC) and announced that he received a request
from the City of Vero Beach to become a permanent member.
November 7, 2006
3
Mayor of Vero Beach Tom White
felt it was important that the City of Vero Beach
is involved in TCRPC, expressing that the current rotation schedule means that Vero Beach would
not vote for the next couple years. He asked the Board to consider the City’s request, as he
believed the County and Vero Beach should be involved with TCRPC.
Vice Mayor of Vero Beach, Sabin Abel,
discussed prior interest and membership
on the TCRPC. He felt that based on the new rotational schedule, the City of Vero Beach would
only be represented twice in ten years and that was inappropriate because “we are the County seat
and we are all concerned about what’s going on south of us …”.
The Board and Vice Mayor Abel engaged in discussions encompassing Vero
Beach’s future needs of TCRPC, the need to focus on the Cities of Sebastian and Fellsmere, and
designation of seats on the TCRPC.
Commissioner Bowden disclosed that other counties have more than one
Governor’s appointments and that could be an option for us.
Commissioner Lowther recommended the City of Vero Beach take this request to
the TCRPC Board saying there are municipalities that all want to be involved and express their
desire to become permanent members, then come back to the Board.
Vice Mayor Abell
said he could take the matter to TCRPC but reminded that the
requirement is for the Board of County Commissioners to approve the rotation.
Chairman Neuberger agreed with Commissioner Lowther’s recommendation and
felt Commissioner Bowden’s idea to have another County appointment was best. Commissioner
Wheeler also supported the idea for another appointed member.
November 7, 2006
4
Fellsmere’s City Manager, Jason Nunemaker
, wanted to make sure that the City
of Fellsmere was not pre-empted from participation. He assured the Board that despite a lack of
interest in the past, they will be participating and would be much more active than they used to be.
Discussion ensued regarding who would attend the upcoming meeting of the
Regional Planning Council.
C. PPDN11,
RESENTATION OF ROCLAMATION ESIGNATING OVEMBER
2006,VD
AS ETERANS AY
Chairman Neuberger read the Proclamation into the record.
Larry Wapnick,
President of the Indian River County Veteran’s Council,
introduced Joe Martorana who was recently elected Commander of the Italian-American War
Veteran’s, National. He requested that Mr. Martorana accept the Proclamation on behalf of the
Veteran’s Council of Indian River County.
Mr. Martorana
expressed his appreciation noting that he would continue being
active with the local Veteran’s Council. He then accepted the Award from the Chairman.
Mr. Wapnick
invited everyone to the Veteran’s Day Ceremony on Memorial Island
Sanctuary on Saturday, November 11, 2006 and asked everyone to support the troops in Iraq. He
also lauded Chairman Neuberger’s “behind the scenes work” as a member of the community and a
public servant. He read and presented the Chairman with a Public Service Award.
Chairman Neuberger thanked the Veteran’s Council for the Award.
November 7, 2006
5
D. PCGPF
RESENTATION OF LOUD ROVE ROJECT BY LORIDA
C&DG,LLC/LH,
ONSERVANCY EVELOPMENT ROUP ENNAR OMES
I.
NC
John Pursey,
Glatting Jackson, Community Planners, representing Florida
Conservancy & Development Group, introduced Caroline Villanueva and Stephen Kaufman also
from Florida Conservancy and Development Group, Peter Harrison of Adams Ranch, and Ernie
Cox from Family Lands Remembered (State’s Rural Land Stewardship Program).
Ernie Cox
addressed rural land stewardship as adopted by St. Lucie County.
Through a PowerPoint presentation he discussed Legislation (Ch. 163.3177, F.S.), which provides
that “DCA shall encourage local governments in establishing and implementing Rural Lands
Stewardship Areas.” He discussed how DCA would carry out its responsibilities and explained
key legislative changes since inception. By use of an aerial map he displayed a “pilot program”
location belonging to St. Lucie County pointing out the acreage involved.
Mr. Pursey
explained how the Town (Oslo Road) would impact traffic. He also
used an aerial view map to show the Cloud Grove location and surrounding properties. He
discussed design to be put in place in Cloud Grove and provided detailed information on the
proposal for a self-sustained mixed-use community of 12,000 homes, which would include 3.2
million square feet of retail, office, light industrial and civic/public uses, and a 23-year
development program with build-out in 2032. He reported that a transportation analysis has been
done indicating the Oslo Road, Indrio Road, and I-95 (and proposed Minute Maid Road Turnpike
interchange) connections. He expressed appreciation for the opportunity to present the Report.
November 7, 2006
6
Commissioner Davis liked the idea of what they are trying to get accomplished as
far as the preservation of the Adams Ranch. He felt the County has an opportunity to do something
similar and asked what would be the possibility of getting that accomplished.
Ms. Villanueva
offered to look into it.
Commissioner Wheeler wanted to know how it would affect Oslo Road connection
and how would it benefit our County to have the connector at Oslo Road.
Ms. Villanueva
thought it was a County staff question.
Community Development Director Bob Keating addressed the question. He
disclosed that they would hear tomorrow, at the MPO meeting, the principal benefit of the
connection from Cloud Grove to Indian River County.
th
Commissioner Wheeler wanted to see an interchange at 25 Street SW but did not
want to see an interchange by expansion. He asked where were they going to put the town center
in Cloud Grove and got a response, “South central just above the reservoir.”
Mr. Pursey,
in response to Commissioner Bowden’s question of whether that
would have to be built before the residents arrive, said it would be a phased in thing.
Commissioner Davis wanted to see the densities shift to the south, and could see the
benefit of the Oslo Road connections. He envisioned someday not seeing the dump there.
6. APPROVAL OF MINUTES – NONE
November 7, 2006
7
7. CONSENT AGENDA
Commissioner Bowden asked to pull, for discussion, Item 7.R.
A. R
EPORTS
The following reports have been received and are on file in the office of the Clerk to the
Board:
1.Fellsmere Water Control District Amended Annual Budget FY 05-06
2.St. Johns River Water Management District 2006-2007 Water Resource
Development Work Program - DVD
7.B. AW–O13-19,2006
PPROVAL OF ARRANTS CTOBER
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of October 13 - 19, 2006, as requested.
7.C. AW–O20–26,2006
PPROVAL OF ARRANTS CTOBER
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
list of Warrants as issued by the Clerk to the Board for the
time period of October 20 - 26, 2006, as requested.
November 7, 2006
8
7.D. PHJTA
ROCLAMATION ONORING ONATHAN URNER FOR TTAINING
RES
THE ANK OF AGLE COUT
The Proclamation was noted for the record.
7.E. RDCA
ESOLUTION ELEGATING TO THE OUNTY DMINISTRATOR OR
DAES
ESIGNEE THE UTHORITY TO XECUTE TANDARD
MCCR
ODIFICATIONS TO ONTRACTS FOR ONSTRUCTION OF EQUIRED
SIACD
IDEWALK MPROVEMENTS AND CCOMPANYING ASH EPOSIT
EA,A
AND SCROW GREEMENTS IF PPLICABLE
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-173
delegating to the County
Administrator or designee the authority to execute
modifications to contracts for construction of required
sidewalk improvements and accompanying cash deposit and
escrow agreements, if applicable, under Section 913.09(5)b
for subdivision improvements.
7.F. PWVB,L.’R
OINTE EST OF ERO EACH TDS EQUEST FOR AN
ECRSP
XTENSION TO OMPLETE EMAINING IDEWALKS WITHIN OINTE
WSV,PIP.D.
EST OUTH ILLAGE HASE
November 7, 2006
9
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
Modification to Contract for Construction of Required
Improvements No. PD-04-04-06-CFCSIDE (99070081)
extending the date for completion to August 17, 2008
provided that a replacement irrevocable Letter of Credit in
the reduced amount of $25,576.50 is in place prior to
November 7, 2007 with an expiration date of November 17,
2008 (90 days beyond the August 17, 2008 requested
extension date) and authorized the Chairman to execute
said Modification, as recommended in the memorandum of
October 31, 2006.
If the replacement Letter of Credit is not received by the
County Attorney’s Office by 12:00 p.m. on Tuesday,
November 7, 2006, the existing Wachovia Irrevocable
Standby Letter of Credit Number SM217549W is to be
called and this Modification shall be null and void. (So
recommended in the memorandum of October 31, 2006).
MODIFICATION TO CONTRACT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
7.G. S,P.D.ECRS
EASONS XTENSION TO OMPLETE EMAINING IDEWALK
S
EGMENT
November 7, 2006
10
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
Fourth Modification to Contract for Construction of
Required Improvements No. PD-01-08-18-CFC
(99110063-26994) provided that the existing Bank of
America Irrevocable Standby Letter of Credit Number
3063088 be amended to reduce the amount to $2,295.00
and extend the expiration date to May 12, 2008 (90 days
beyond the February 12, 2008 requested extension date,
and authorized the Chairman to execute said Fourth
Modification, as recommended in the memorandum of
October 25, 2006.
COPY OF FOURTH MODIFICATION TO CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.H.TAS,RD,
HE NTILLES UBDIVISION EQUEST FROM EVELOPER
AVB,LLC,EC
NTILLES ERO EACH FOR AN XTENSION TO OMPLETE
RI
EQUIRED MPROVEMENTS
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
Modification to Contract for Construction of Required
Improvements No. SD-04-08-37-CFC
(2004020205-46588) provided that the existing Colonial
Bank, N.A. Standby Letter of Credit Number SB 992380 be
November 7, 2006
11
amended to extend the expiration date to March 22, 2007
(which is 90 days beyond the December 22, 2006 requested
extension date), and authorized the Chairman to execute
said Modification. Additionally, the amendment to said
Letter of Credit must be received no later than 2:00 p.m. on
Tuesday, November 7, 2006 by the County Attorney’s
Office, otherwise staff is to call the Letter of Credit prior to
its November 16, 2006 expiration date, all as recommended
in the memorandum of November 1, 2006.
MODIFICATION TO CONTRACT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
7.I.CLSEDC
ONTRACT FOR EGAL ERVICES FOR MINENT OMAIN ASES
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
contract and the retention of Policastro & LeRoux, P.A., as
one of the firms under contract for eminent domain cases,
as recommended in the memorandum of October 31, 2006.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.J.QIR
UARTERLY NVESTMENT EPORT
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously accepted the
November 7, 2006
12
Investment Advisory Committee’s Quarterly Report, as
recommended in the memorandum of October 30, 2006.
7.K.EFRIRCT
XCESS EE EPORT OF THE NDIAN IVER OUNTY AX
C’O
OLLECTORS FFICE
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously accepted the
Excess Fee Reports of the Indian River County Tax
Collector’s Office, as presented under cover of letter dated
October 30, 2006.
7.L. MBA025
ISCELLANEOUS UDGET MENDMENT
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-174
amending the fiscal year 2005-2006
Budget.
7.M.DSDESAGA,
ORI LOSBERG RIVER DUCATION AFETY CT RANT WARD
MBA003
ISCELLANEOUS UDGET MENDMENT
November 7, 2006
13
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
grant application from the School District of Indian River
County, approved Budget Amendment 003, and approved
Resolution 2006-175
amending the fiscal year 2006-2007
budget.
7.N.IRCHD2006/2007F
NDIAN IVER OUNTY EALTH EPARTMENT EE
S
CHEDULE
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2006-176
to adopt a 2006/2007 fee schedule for
the Indian River County Health Department.
7.O.IRCJEPDCO
AIL XPANSION ROJECT EDUCTIVE HANGE RDER
N5
UMBER
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved
Change Order #5 (Peter R. Brown, Construction Managers)
in the deductive amount of $1,425,444.41 and authorized
the Chairman to execute the document, as recommended in
the memorandum of October 27, 2006. After approval of
Change Order #5, the adjusted amount of the GMP for the
Jail Expansion Project will be $18,092,801.83.
November 7, 2006
14
CHANGE ORDER IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.P. HSIRCLS
OLIDAY CHEDULE FOR NDIAN IVER OUNTY IBRARY YSTEM
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously approved the
Holiday Schedule for the Indian River County Library
System (see pages 146-147 of Backup), as recommended in
the memorandum of October 31, 2006.
7.Q.ACON.1NE
CCEPTANCE HANGE RDER O FOR THE EW MERGENCY
OC
PERATIONS ENTER
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously authorized
the County Administrator to execute Change Order No. 1
(with Turner Construction), which will then result in a
decrease to the GMP of $359,646 and an increase to the
Owner’s Contingency in the amount of $22,079.00, as
recommended in the memorandum of October 18, 2006.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
November 7, 2006
15
7.R. AAMRNC
PPROVAL FOR DDITIONAL EETING OOM IN EW OUNTY
AB
DMINISTRATION UILDING
Commissioner Bowden wanted to update the Board that there would be an
additional meeting room in the second building. She asked Human Services Director Tom Frame
to provide more insight.
Director Frame briefly described current meeting room capacity and the need for
additional meeting space in the new County administration buildings. He believed the cost to
make the necessary changes would be less than $100,000. He asked the Board to approve the
recommendation with an understanding that staff would bring back for the Board’s approval, a
Change Order as needed.
Commissioner Lowther questioned whether recording secretaries would be able to
function with the necessary electronics required. Director Frame assured him that they could take
care of any technology issues and there should be no problem with recording capabilities.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously granted
approval to moving forward with the design and
modification of the meeting room in the former Elections
Office Space with an understanding that staff will bring
back for the Board’s approval an appropriate Change Order
as needed, and as recommended in the memorandum of
November 1, 2006.
November 7, 2006
16
8.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
A. JK.B,IRCCC
EFFREY ARTON NDIAN IVER OUNTY LERK OF IRCUIT
C:
OURT
Constitutional Officer Financial Report for Fiscal Year 2005-2006.
Clerk of the Circuit Court Jeffrey K. Barton thanked the Board for its continued
cooperation between the County and the Circuit Court. He informed the Board that the Clerk’s
Office was returning to the County $545,000.00 of excess fees and unspent money.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously accepted the
Financial Report of the Clerk of the Circuit Court for the
fiscal year 2005-2006 as submitted under cover of letter
dated October 27, 2006.
B. KC,IRCSE
AY LEM NDIAN IVER OUNTY UPERVISOR OF LECTIONS
Constitutional Officer Financial Report for Fiscal Year 2005-2006.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously accepted the
Financial Report of the Supervisor of Elections for the
November 7, 2006
17
fiscal year 2005-2006 as presented under cover of letter
dated October 31, 2006.
C. DN,IRCPA:
AVID OLTE NDIAN IVER OUNTY ROPERTY PPRAISER
1. Constitutional Officer Financial Report for Fiscal Year
2005-2006.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously accepted the
Financial Report of the Property Appraiser for the fiscal
year 2005-2006 as submitted under cover of letter dated
October 30, 2006.
2. Budget Amendment # 4 for Year Ending September 30, 2006.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously approved
Budget Amendment #4 for year ending September 30,
2006, as submitted under cover of letter dated September
28, 2006.
D. RR,IRCS:
OY AYMOND NDIAN IVER OUNTY HERIFF
November 7, 2006
18
1. Constitutional Officer Financial Report for Fiscal Year
2005-2006.
Harry Hall
, Comptroller of the Sheriff Office, informed the Board that the
Sheriff’s Department was returning $756,000.00 of excess fees.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously accepted
the Financial Report of the Indian River County Sheriff’s
Department, as submitted under cover of letter dated
October 25, 2006.
2. Budget Amendment for Year Ending September 30,
2006.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Davis, to approve the
Budget Amendment for the Sheriff’s Office for year ending
September 30, 2006, as requested in letter dated September
30, 2006.
Commissioner Wheeler was concerned with what the Board had done in the last two
years that he was opposed to, in particular, approving that the Sheriff could move items from one
section of his budget to another. He discussed State Law requirements and budgeting of salaries
and how funds were moved around. He remarked that the budgeting process is a reason for how
November 7, 2006
19
funds are moved around and felt the Board was approving as a blanket and not as individual funds.
He also noted that the Sheriff’s Department over-budgeted in capital expenditures last year and
thought the Board should be aware and pay attention to that.
Sheriff Raymond
defended the Department’s handling of the budget saying they
were authorized under State law; and it was unanimously approved by the Board of County
Commissioners on April 4, 2006 and was not done sneakily. He listed savings made as a result of
the decision they made to spend the money on capital. He supported his procedure as a good one,
which is provided by State law.
Commissioner Wheeler did not disagree but did not necessarily believe it was good
budgeting. He read a provision from the law that requires a resolution for approval of certain
handling of funds in the Sheriff’s office. He was not accusing the Sheriff of doing anything sneaky
and defended his comments.
Sheriff Raymond again defended his Department’s actions.
Commissioner Lowther could see where Commissioner Wheeler was coming from
and felt that as a former Sheriff Commissioner Wheeler understood more about the Sheriff’s
budget than anyone else.
The Chairman CALLED THE QUESTION. The Motion
carried 4-1 (Commissioner Wheeler opposed), approving
the Budget Amendment for year ending September 30,
2006 as presented by the Sheriff’s Office.
E. CW.S,IRCTC:
HARLES EMBLER NDIAN IVER OUNTY AX OLLECTOR
November 7, 2006
20
Constitutional Officer Financial Report for Fiscal Year 2005-2006.
Jeff Smith,
Assistant Tax Collector, announced that the Tax Collector’s
Department was returning $2.393 million to the County.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Bowden, the Board unanimously accepted
the Financial Report of the Indian River County Tax
Collector for fiscal year 2005-2006 as submitted under
cover of letter dated October 30, 2006.
The Chairman called a break at 10:34 a.m. and reconvened the meeting
at 10:45 a.m.
9. PUBLIC ITEMS
A.PUBLIC HEARING –
1. OSLO ROAD PROPERTY EXCHANGE WITH
CHRISTINE BROWNING
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assistant County Attorney William DeBraal explained that this was a
straightforward exchange of property between the County and Christine Browning. By use of
visual aid (slide) he pointed out the site of the parcel of land in question, described its size, and
provided details of the exchange. He then asked the Board to approve the recommendation.
The Chairman opened the public hearing.
November 7, 2006
21
There were no speakers and the Chairman closed the public hearing.
On MOTION by Commissioner Bowden, SECONDED by
Wheeler, the Board unanimously approved Resolution
2006-177 approving an exchange of land with Christine
Browning.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
2. SECOND PUBLIC HEARING AND ADOPTION OF
RESOLUTION EXPANDING BOUNDARIES OF COUNTY
SEAT, OFFICE OF THE SUPERVISOR OF ELECTIONS
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Marion Fell, Assistant County Attorney, reminded the Board that this is the second
public hearing to expand the County seat. She briefly recapped her memorandum of October 27,
2006 providing details of the matter. She then asked the Board to approve the resolution.
The Chairman opened the public hearing.
There were no speakers and the Chairman closed the public hearing.
On Motion by Commissioner Bowden, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Resolution 2006-178 expanding the boundaries of the
November 7, 2006
22
County seat to encompass the new location of the
Supervisor of Election’s office.
9.B. PUBLIC DISCUSSION ITEMS –
1.REQUEST TO SPEAK FROM GLENN LEGWEN
REGARDING EXTENSION OF DEMOLITION
Mr. Legwen
(Clerk’s Note: this item was heard after Item 9.B.2 - asked the Board
to allow Michael O’Haire to speak before he does, so that Mr. O’Haire may be able to meet an
appointment deadline.)
th
Glen Legwen
, 5900 5 Street SW, argued that the Board very hastily approved a
decision to destroy his greenhouse and he did not have an opportunity to speak about it. He asked
the Board to reconsider its decision, and grant him a regular building permit to allow him to
continue restoring the buildings. He showed before and after pictures depicting the progress he
has made so far.
Chairman Neuberger asked him how much extension he wanted.
Mr. Legwen explained that he is asking for a regular building permit and not a
demolition permit.
Chairman Neuberger asked for legal input. Attorney Collins explained that Mr.
Legwen could request a building permit but the time may have expired.
November 7, 2006
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Community Development Director Bob Keating disclosed that Mr. Legwen could
pull a building or demolition permit anytime, and the demolition permit that he had has expired.
Director Keating has had a number of complaints about the matter and asserted that that was one of
the reasons Code Enforcement actions and the condemnation process were initiated. He
suggested the Board set a strict timeframe if they were contemplating granting an extension. He
advised that the building permit could go for six months and with inspections it could go on
indefinitely.
Chairman Neuberger suggested Mr. Legwen get a building permit.
There was consensus that Mr. Legwen would go ahead and request a building
permit. Discussion ensued on whether Mr. Legwen still has to pull a demolition permit, and how
much time Mr. Legwen needed to get the work done.
Mr. Legwen
thinks he needs 90-120 days.
Commissioner Davis asked when was the last time Code Enforcement checked on
the property. Director Keating believed it was in the last month or so.
Motion WAS MADE by Commissioner Davis,
SECONDED by Chairman Neuberger, to grant the 120
days extension and keep it in the bid process and Mr.
Legwen would be held accountable and apply for a building
permit within 30 days.
Discussion ensued regarding whether they needed to have a Motion and how long it
would cost to obtain a building permit.
November 7, 2006
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Mr. Legwen
said Director Keating told him that all it would take is the cost of $15
to get a building permit.
More discussion followed regarding the purposes of a building permit and
turnaround time.
Chairman Neuberger recapped the Board’s decision. Further discussion ensued on
whether they needed to have a Motion or to address the matter after the bids are in and Mr. Legwen
comes back and they see the progress.
THE MOTION WAS WITHDRAWN.
There was CONSENSUS to give Mr. Legwen 120 days
extension and for him to get the necessary building
permit(s). The matter would thereafter be addressed after
the demolition bids are received.
2.REQUEST TO SPEAK FROM MICHAEL O’HAIRE
REGARDING AUTHORIZATION OF LOCATION OF
FACILITY FOR HOMELESS IN RESIDENTIAL
NEIGHBORHOOD
(Clerk’s Note: this item was heard before Item 9.B.1)
Michael O’Haire
pointed out that this was a land use decision that staff made and
there was no public notice of it. He would not speak to the merits of the decision because he has an
appeal pending. He, however, asked the Board to rescind staff’s decision until they go through the
November 7, 2006
25
customary process and give the people who are involved in the decision an opportunity to have
their say of whether or not it is an appropriate matter.
County Attorney William Collins gave a brief history of the facility and discussed
staff’s decision. He noted that the Appeal would go to the Planning & Zoning Commission (P&Z)
and then to the Board of County Commissioners if they were dissatisfied with the appeal.
Chairman Neuberger thought that “grandfathering” ended when the occupation
ended. Attorney Collins explained what happens if the structure is not used for its intent within a
certain time period. He did not think they should get into the issues on staff’s decision, or the
opposition’s position because they did not have the applicant present and were only getting part of
the story. He believed it would be proper to let the appeal run its course.
Commissioner Lowther disclosed that this issue was close to him for reasons given.
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Neuberger, for discussion,
to allow the matter to move forward, take its process and
rescind staff’s decision because of the appeal.
Commissioner Bowden voiced her disapproval of the Motion, noting that there was
no backup material to support arguments or discussions. She was concerned that on the one hand,
a Motion was being made without staff having met with the Board, and on the other, the County
Attorney was saying, “Let the process go forward.”
Commissioner Wheeler asked whether they were circumventing the procedures we
should be going through to evaluate this.
November 7, 2006
26
Mr. O’Haire
and Board discussed abandonment and the proposal to use the home
for homeless residents.
Lengthy and involved discussions ensued regarding the timeframe for moving into
the facility, the appeal process, and the need for other parties involved to be made aware of what is
happening.
Administrator Baird suggested that staff prepare a status report and they ask Mr.
O’Haire to come back next week so they could present all the facts. There was also discussion on
whether a Motion was needed.
Chairman Neuberger WITHDREW his SECOND to the
MOTION and felt they should go through the process as the
people who are going to be affected need to know what is
happening.
MOTION DIED for lack of a Second.
Spencer Simmons
felt Commissioner Bowden was right, in that, they only had one
view of the issues. He defended the position of people who would use the facility, and believed
they needed to have a Certification of Occupancy.
Chairman Neuberger declared that there was no Motion but staff would bring the
item back to the Board next week.
There was CONSENSUS to allow the matter to go through
the appeal process.
November 7, 2006
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3.REQUEST TO SPEAK FROM JOE PALADIN, GROWTH
AWARENESS COMMITTEE, REGARDING THE WAIVING
OF FORM BOARD INSPECTIONS FOR DIVOSTA
Joseph Paladin,
Chairman of the Growth Awareness Committee, 6450 Tropical
Way,reminded the Board of Divosta’s request to waive form board surveys that they approved on
May 16, 2006. He felt the Board did not clearly understand what they voted for. He discussed
steel inspection and alluded to conflicting information he got regarding inspection of steel. He
could not see the urgency of Divosta wanting to build houses in less than 50 days and felt the
Board should not waive the process just because Divosta is able to put up a $100,000 Bond. He
believed they should follow the rules and procedures of the County.
Chairman Neuberger did not think it was an urgency but was time-saving for the
developer and the County.
Director Bob Keating admitted the information that there were no inspections was
incorrect. He explained what happened.
Chairman thanked Mr. Paladin for his comments. They further discussed the
agreement with Divosta and affordable housing cost.
Spencer Simmons,
Simmons Construction, argued that form boards has other
elements one of which was elevation that result in flooding if not properly done. He felt everyone
was bending over backwards for large builders at the expense of everyone else in the County and it
was all about building houses faster.
November 7, 2006
28
Director Keating explained the process of inspecting form boards.
Commissioner Wheeler suggested the item be brought back at another meeting to
make sure they are doing the right thing.
Further discussion ensued regarding form board surveys and percentages of failed
inspections.
No Board action taken.
4.REQUEST TO SPEAK FROM BRIAN HEADY REGARDING
SAVING TAX DOLLARS
Mr. Heady recapped his letter to Administrator Baird dated November 6, 2006
regarding a Code violation against his client, Mr. Fred Luongo. He outlined and argued matters of
concern to them, which involved “Constructive Notice, Inconsistent Dates” and “Due Process”.
He believed tax dollars could be saved “by putting an end to this miscarriage of justice with a
resolution by the County Commission vacating this judgment and returning the wrongfully
imposed fine.”
Commissioner Lowther sought to know what kind of action they could take on this
issue, if any.
County Attorney William Collins emphasized that it is a code violation, a fine was
issued, service was made and it was refused.
November 7, 2006
29
Assistant County Attorney William DeBraal remarked that the Sheriff served
Mr.Luongo, personally. Thereafter, staff followed up with certified mail that was not picked up.
Mr. Heady noted that there was nothing in the records to show there was any service
or signed receipt of any notice.
Discussion ensued questioning delivery and receipt of the citation, and the lack of
evidence in the public records showing Mr. Luongo’s signature on any document.
Chairman Neuberger suggested Mr. Heady get with staff to compare records and to
make sure he has the current records he requested.
Mr. Heady again asked the Board to vacate the judgment explaining that it would
save the County tax dollars.
Administrator Baird promised to get the correct documents to Mr. Heady.
No Board Action taken.
5.REQUEST TO SPEAK FROM SUSAN A. THOMASSON,
VICE PRESIDENT, VERO LAKE ESTATES PROPERTY
OWNERS, REGARDING SPRAYING VEGETATION IN
SWALES WITH TOXIC CHEMICALS
th
Susan Thomasson
, 8275 105 Avenue, Vice President of Vero Lakes Estates
Property Owners, representing herself and a few residents, addressed the “new practice” in her
community, the spraying of vegetation with toxic chemicals behind their homes in swales that are
November 7, 2006
30
in close proximity to their water supply. She described the products being used by the County as
“Reward, Riverdale (generic Roundup) and Hardball”. She was concerned with health risks and
more particularly with her sensitivity to chemicals in general. She argued that just because there
are approvals for use of substances does not mean they are not harmful. She requested that the
County discontinue this practice in her neighborhood.
Administrator Baird thought the solution could be to not spray Ms. Thomasson’s
block.
The Board and staff discussed the chemicals, their purposes and how they would
affect a person’s health, including the possibility of it getting into the water supply.
There was CONSENSUS to give property owners the
opportunity to opt out of having chemicals sprayed near
their homes. Staff would provide additional information to
the Board on the use and negative effects of the products.
9.C. PUBLIC NOTICE ITEMS
1. NSPHN14,2006:
OTICE OF CHEDULED UBLIC EARING OVEMBER
AS201.09(D)IRC
MENDMENT TO ECTION OF NDIAN IVER OUNTY
C(L)
ODE EGISLATIVE
10. COUNTY ADMINISTRATOR’S MATTERS
A. 2007 Fellsmere Frog Leg Festival
November 7, 2006
31
Administrator Baird presented the request from Fellsmere for a list of items to aid in
its 2007 From Leg Festival. He stated that staff did not have a problem with the request except for
the creation of a custom sign, which he did not recommend.
On Motion by Commissioner Davis, SECONDED by
approved
Commissioner Bowden, the Board unanimously
the list of items (Stage, Bleachers, 4 Generator lights, and 3
10 x 10 tents) to assist with the Fellsmere 2007 Frog Leg
denied
Festival, and the request for 1 generated road sign
(to read: “Frog Leg Festival Shuttle Parking”), as
recommended in the memorandum of November 1, 2006.
10.B. Request to Speak Form
Administrator Baird presented to the Board and discussed the “Request to Speak
Form” to be filled out when there is a request to speak at a Board meeting on matters that do not
require a vote.
The Board was in favor of the Form but was concerned with the statement “The
Commission does not vote on matters brought up under Public Discussion”.
Bob Johnson
, Coral Wind Subdivision had no objection to the Form but hoped it
would be e-mail friendly.
Administrator Baird informed him that it would be posted on the website.
Susan Thomasson
liked the form but wanted to see more blank spaces left in to
accommodate more information.
November 7, 2006
32
On Motion by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
“Request to Speak Form” with the condition that the
statement, “The Commission does not vote on matters
brought up under Public Discussion”, be deleted.
11.A. COMMUNITY DEVELOPMENT - NONE
11.B. EMERGENCY SERVICES - NONE
11.C. GENERAL SERVICES - NONE
11.D. HUMAN RESOURCES - NONE
11.E. HUMAN SERVICES - NONE
11.F. LEISURE SERVICES - NONE
11.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
11.H. RECREATION - NONE
11.I.1 PUBLIC WORKS - NONE
November 7, 2006
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11.J.1 UTILITIES SERVICES
1. South County Reverse Osmosis Water Treatment
Plant, BCC Authorization Request to Issue an
Emergency Purchase Order to Carlson-Moore
Construction, Inc., for Permeate Pipe Replacement
Director of Utilities Erik Olson explained to the Board what a permeate pipe is.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Davis, the Board unanimously authorized
the issuance of emergency purchase order to CM
Construction, Inc., per the proposal, in a not to exceed
amount of $46,865.00, as recommended in the
memorandum of November 1, 2006.
11.J.2. ALTERNATIVE WATER SUPPLY JOINT
WORKSHOP WITH INDIAN RIVER COUNTY AND ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT
Director of Utilities Erik Olson explained that this would be the first of three (3)
public workshops the first of which will be on December 6, 2006. The purpose of the workshops is
to address concerns of alternative water supply for the future. He asked the Board to approve
staff’s recommendation.
November 7, 2006
34
Commissioner Davis applauded Director Olson’s efforts, and wanted to add another
topic for discussion at one of the workshops. Before his second vote for the comp plan amendment
with St. John’s, he would like to see both sides of the equation for the comp plan changes (that is,
to change the 3,000 acres back to A2). He also wanted to know what the intent was with the
100-acre island.
Chairman Neuberger had questions on deep wells, and why we do not use surface
water. Director Olson explained those were some of the issues to be discussed at the December 6,
2006 workshop.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Neuberger, the Board unanimously
authorized the Utility Department to proceed with planning
the joint workshop with invitations extended to both the St.
Johns River Water Management District (SJRWMD) and
Brevard County, as recommended in the memorandum of
November 2, 2006.
The Chairman called a break at 12:19 p.m., and reconvened the meeting at 12:28 p.m.
12. COUNTY ATTORNEY
A. PEWP,G
ROPERTY XCHANGE WITH INDSOR ROPERTIES OLDEN
SP
ANDS ARK
November 7, 2006
35
MOTION WAS MADE by Commissioner Lowther,
SECONDED by Commissioner Davis, to approve staff’s
recommendation.
Assistant County Attorney William DeBraal informed the Board that the only thing
he wanted to caution them on was that the agreement that was previously presented has changed
slightly in paragraph 3(d). The change is that an environmental site assessment has to be done and
each owner of each individual parcel has to do his/her own environmental site assessment. He
explained in detail the change.
At the request of the Chairman, Attorney DeBraal explained the nature of the
request for property exchange with Windsor Properties, recapping his memorandum of November
1, 2006.
Discussion ensued regarding State requirements and the $1,000,000.00 earmarked
for parks and recreational purposes.
Attorney DeBraal continued his presentation discussing a required Comprehensive
Plan amendment, re-zoning, and obligations of Windsor Properties and the County. He also
explained the reason this has come back before the Board.
Discussion ensued regarding buffer and what could be built outside of it.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved the Agreement
between the County and Windsor Properties; approved
Resolution 2006-179 approving an exchange of land with
Windsor Properties, a Florida General Partnership and the
Board of Trustees of the Internal Improvement Trust Fund;
and authorized execution of the Conservation Easement to
November 7, 2006
36
the Board of Trustees, all as recommended in the
memorandum of November 1, 2006.
PARTIALLY EXECUTED ORIGINAL OF AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
13. COMMISSIONERS ITEMS
A CHAIRMAN ARTHUR R. NEUBERGER - NONE
B. VICE CHAIRMAN GARY C. WHEELER
1. Selection of Chairman and Vice Chairman
Commissioner Wheeler suggested the Board conduct its reorganization in
November rather than January to alleviate the problem every two years when the Board would be
without a Vice Chairman for a period. He reiterated that an ordinance could be drafted to allow
them to have election of Officers in November after an Election.
Commissioner Bowden thinks it makes great common sense and is very convenient.
On Motion by Commission Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously gave staff
direction to draft a “pending” Ordinance to change the
reorganization date of Commissioners to coincide with the
November elections.
November 7, 2006
37
On Motion by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board unanimously approved
to have the appointment of new Board members at the
November 21, 2006 Board Meeting.
2. Temporary Sales of Vehicles in County
Commissioner Wheeler discussed off-site car sales in the County by outside car
dealers who do not pay taxes here but come in to do business and then leave. He met with local car
dealerships and they came up with a recommendation that they pursue this and the Cities would
coordinate with the County and try to resolve this problem.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Lowther, to give direction
to staff to draft an ordinance that would prohibit temporary
sales of motor vehicles in the County on property not
approved for such sales.
Chairman Neuberger discussed parking of motor homes at Wal-Mart. He asked if
the Mall identifies the property as a place to have car sales. He was concerned with the violation of
people’s property rights, and asked what was going to keep Mr. Campana from taking his motor
homes to another county for their shows.
Jay Campana,
1946 Windward Way said the topic of this was not designed to
prevent local residents and other interest from continuing to do things. This was specifically
brought up about out-of-town entities coming in, setting up shows, leaving town taking all the
November 7, 2006
38
money, and not supporting the local businesses. He wanted to make sure they were licensed in
town to be able to do business.
Discussion ensued regarding limiting car sales to properties that are approved for car
sales in the County, and how the matter could be handled. It was disclosed that Titusville and
Ormond Beach have ordinances that addressed this matter. There was also discussion on whether
to include all motor vehicles and boats.
The Chairman recapped the Motion, which is to have staff come back with a
proposal.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
C. COMMISSIONER SANDRA L. BOWDEN - NONE
D. COMMISSIONER WESLEY S. DAVIS - NONE
E.COMMISSIONER THOMAS S. LOWTHER – NONE
14. EMERGENCY SERVICES DISTRICT AND BOARDS
The Chairman announced that immediately upon adjournment of the Board of
County Commissioners Meeting, the Board would reconvene as the Board of Commissioners of
the Emergency Services District. Those Minutes are being prepared separately and are appended
to this document.
November 7, 2006
39
A. ESD
MERGENCY ERVICES ISTRICT
1. Emergency Services Station #2 Lease with City of
Vero Beach.
2. Approval of Memorandum of Understanding between
Indian River Department of Emergency Services and
Indian River County Recreation Department.
3. Construction Services Contract (Part 2 Agreement)
with Barth Construction for the Replacement of Indian
River County Emergency Services Station No. 2.
4.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Board of
Commissioners of the Emergency Services District Meeting, the Board would reconvene as the
Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared
separately and are appended to this document.
1. AMS19,2006M
PPROVAL OF INUTES OF EPTEMBER EETING
2. AFP&L(FPL)E
PPROVAL OF LORIDA OWER IGHT ASEMENT
November 7, 2006
40
14.C. ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Board of
Commissioners 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 and are appended to this document.
1. Approval of Minutes of September 19, 2006 Meeting
2. Report of Activities During Third Quarter (July
through September, 2006).
15. ADJOURNMENT
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 12:54 p.m.
ATTEST:
November 7, 2006
41
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Arthur R. Neuberger, Chairman
Minutes Approved: _________________
BCC/AA/2006 Minutes
November 7, 2006
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