HomeMy WebLinkAbout11/08/2005
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 8, 2005
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 2
5.A.PRESENTATION OF PROCLAMATION DESIGNATING
NOVEMBER 11, 2005 AS VETERANS DAY ........................................... 2
6.A.APPROVAL OF MINUTES OF REGULAR MEETING OF
SEPTEMBER 6, 2005 ................................................................................... 2
6.B.APPROVAL OF MINUTES - FIRST BUDGET HEARING OF
SEPTEMBER 7, 2005 ................................................................................... 3
6.C.APPROVAL OF MINUTES - REGULAR MEETING OF
SEPTEMBER 13, 2005 ................................................................................. 3
November 8, 2005 1
6.D.APPROVAL OF MINUTES – SECOND BUDGET HEARING OF
SEPTEMBER 14, 2005 ................................................................................. 4
7.CONSENT AGENDA ................................................................................... 4
7.A.R .......................................................................................................................4
EPORT
7.BW ..................................................................................................................4
ARRANTS
7.C.OHWSIP–R
RANGE EIGHTS ATER ERVICES NSTALLATION ROJECT ELEASE OF
R-FPC(UU,
ETAINAGE INAL AYMENT TO ONTRACTOR NDERGROUND TILITIES
I.) ............................................................................................................................5
NC
7.D.RF-CON.2–CT
ELEASE OF UNDS HANGE RDER O ONSTRUCTION OF ILTING
WG–MRC,NRC,SR
EIR ATES AIN ELIEF ANAL ORTH ELIEF ANAL OUTH ELIEF
C,L‘C’CIRFW
ANAL AND ATERAL ANAL IN THE NDIAN IVER ARMS ATER
CD–EIRCMS
ONTROL ISTRICT AST NDIAN IVER OUNTY ASTER TORMWATER
MP(M-C,I.) ......................................................................5
ANAGEMENT LAN ETON NC
7.E.BVMHPSSR
REEZY ILLAGE OBILE OME ARK ANITARY EWER ELOCATION
APN.1,F–(UU,I.) ......6
PPLICATION FOR AYMENT O INAL NDERGROUND TILITIES NC
7.F.WVWAP–RR–
ESTSIDE ILLAS ATER SSESSMENT ROJECT ELEASE OF ETAINAGE
CON.1–FPC(U
HANGE RDER O INAL AYMENT TO ONTRACTOR NDERGROUND
U,I.) ..........................................................................................................6
TILITIES NC
7.G.FCFBW-L3,B13,VL
LOODPLAIN UT AND ILL ALANCE AIVER OT LOCK ERO AKE
EU2(PC) ............................................................6
STATES NIT ERUGINI ONSTRUCTION
7.H.KHE,S,PI–PN.0446W
INGS IGHWAY XTENSION OUTH HASE ROJECT O ORK
ON.6(E)–FPR
RDER O NGINEERING INAL AYMENT AND ELEASE OF
R–KHA,I. .................................................7
ETAINAGE IMLEY ORN AND SSOCIATES NC
7.I.DSDESAGA ..........................7
ORI LOSBERG RIVER DUCATION AFETY CT RANT WARD
7.J.ABN.2006025-HA–SN
NNUAL ID O YDROFLUOSILICIC CID OUTH AND ORTH
CROWTP–H
OUNTY EVERSE SMOSIS ATER REATMENT LANTS ARCROS
C,I. ..........................................................................................................8
HEMICAL NC
7.K.HS-IRCLS..............................8
OLIDAY CHEDULE NDIAN IVER OUNTY IBRARY YSTEM
7.L.BASA–BN.2006018–CH
ID WARD AND AMPLE GREEMENT ID O ARLL EIGHTS
SWA–DMC .......................9
UBDIVISION ATER SSESSMENT ENNIS YERS ONTRACTING
November 8, 2005 2
7.M.AAEJTS
GREEMENT MENDMENT TO XTEND UNGLE RAIL HORELINE
S–PIICN.IR-03-36–FI
TABILIZATION HASE ONTRACT O LORIDA NLAND
ND(FIND) ..................................................................................9
AVIGATION ISTRICT
7.N.CPCP–ACT
HANGE TO URCHASING ARD OLICY LLOWANCE FOR ERTAIN RAVEL
E................................................................................................................. 10
XPENSES
7.O.CAPS(G.K.
ONTRACT GREEMENT FOR ROFESSIONAL ERVICES
E,I.)WON.239AB69
THTH
NVIRONMENTAL NC ORK RDER O FOR VENUE ETWEEN
S&71S ............................................................................................ 10
ST
TREET TREET
7.P.UTFSN.5–US1-WB ........................ 10
NITY OF ITLE FOR IRE TATION O INTER EACH
8.A.DEFERRED - PROPERTY APPRAISER DAVID C. NOLTE –
ANNUAL REPORT FOR THE YEAR ENDING SEPTEMBER 30,
2005................................................................................................................ 11
8.B.SHERIFF ROY RAYMOND - FINANCIAL REPORT FOR
PERIOD ENDING SEPTEMBER 30, 2005 ............................................. 11
8.C.TAX COLLECTOR CHARLES W. SEMBLER – 2005 EXCESS
FEE REPORT .............................................................................................. 11
9.A.1.ORDINANCE 2005-047 –INDIAN RIVER COUNTY CODE
CHAPTER 955 – MOVING STRUCTURES .......................................... 11
9.B.1.PUBLIC DISCUSSION ITEM - DENNIS MATHERNE
REGARDING THE WAIVER PORTION OF THE IMPACT FEE
ORDINANCE .............................................................................................. 12
9.C.1.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON NOVEMBER 15, 2005..................................................... 13
November 8, 2005 3
9.C.1.A.FW’RAP42P(20’
ND
RED ENISCHS EQUEST TO BANDON A ORTION OF LACE A
WA)LWUS1BL42A43OT
IDE LLEY YING EST OF AND ETWEEN OTS ND F HE
PS(L) ...................................................................... 13
INSON UBDIVISION EGISLATIVE
9.C.1.B.BCTAPO
OARD ONSIDERATION O PPROVE URCHASE OF THE SLO
R–DTUCE
IVERFRONT IAMOND RACT NDER THE OUNTY NVIRONMENTAL
LP(A)...................................................................... 13
ANDS ROGRAM DMINISTRATIVE
10.A.RESOLUTION 2005-183 - PROVIDING FOR AMENDMENTS
TO AGREEMENTS WITH LOS ANGELES DODGERS LLC
AND THE CITY OF VERO BEACH (DODGERTOWN GOLF
CLUB – PARKING LOT) .......................................................................... 13
11.J.1.RESOLUTION 2005-184 & 2005-185 - POINT-O-WOODS
SUBDIVISION PETITION WATER SERVICE (ROBIN LANE –
RIVERSIDE – OFF ROSELAND ROAD) PRELIMINARY
ASSESSMENT RESOLUTIONS I AND II \[PROJECT UPC 2613\] .... 14
11.J.2.RESOLUTION 2005-186 & 2005-187 – THE SQUIRE
TH
SUBDIVISION PETITION WATER SERVICE (57 AVENUE,
RD
NORTH OF 33 STREET) – PRELIMINARY ASSESSMENT
RESOLUTIONS I AND II ......................................................................... 15
13.A.1.CHAIRMAN THOMAS S. LOWTHER – ENTERPRISE ZONE
DEVELOPMENT AGENCY (EZDA) ...................................................... 16
13.A.2.CHAIRMAN THOMAS S. LOWTHER – REPLACEMENT OF
NDTH
PVC FENCE AT 82 AVENUE AND 12 STREET ........................... 17
13.A.3.CHAIRMAN THOMAS S. LOWTHER - AIRING THE SCRIPPS
VIDEO TAPE OF ADAMS RANCH RURAL LANDS
November 8, 2005 4
STEWARDSHIP WORKSHOP ON THE GOVERNMENT
CHANNEL ................................................................................................... 18
13.D.COMMISSIONER WESLEY DAVIS – ROBERTS RULES OF
ORDER ......................................................................................................... 18
13.E.COMMISSIONER GARY C. WHEELER – USE OF COUNTY
STAFF TO ASSIST WITH PRESENTATION OF PROPOSED
URBAN SERVICE AREA BOUNDARY LEGISLATION ................... 19
14.A.EMERGENCY SERVICES DISTRICT - NONE ................................... 20
14.B.SOLID WASTE DISPOSAL DISTRICT - NONE .................................. 20
14.C.ENVIRONMENTAL CONTROL BOARD - NONE.............................. 20
November 8, 2005 5
November 8, 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, November 8, 2005, at 9:00 a.m. Present were Chairman Thomas S. Lowther, Vice
Chairman Arthur R. Neuberger, Commissioners Sandra L. Bowden, Wesley S. Davis, and Gary
C. Wheeler. Also present were County Administrator Joseph A. Baird, County Attorney
William G. Collins II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Ilea
M. Petsel.
1. CALL TO ORDER
Chairman Lowther called the meeting to order.
2. INVOCATION
Pastor Ray Scent, Gathering of Devoted Servants, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Davis led the Pledge of Allegiance to the Flag.
November 8, 2005 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Lowther requested the following changes to today’s Agenda:
7.P. Replacement Revised page 132
8.A. Deferred
13.3. Add Scripps video of Adams Ranch Rural Lands Workshop
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously made the
above changes to the Agenda.
5.A. PRESENTATION OF PROCLAMATION DESIGNATING
NOVEMBER 11, 2005 AS VETERANS DAY
Vice Chairman Neuberger presented the proclamation to Larry Wapnick, Veterans
Service Council and Gordon Brown.
Larry Wapnick
stated Veterans Day is a happy holiday and honors all veterans
who serve this country so well.
Gordon Brown
, Purple Heart Association, thanked the Commission for this
honor.
Pastor Ray Scent
gave information regarding the Veterans Prayer Breakfast being
held in February.
Joel Moterano
praised staff and thanked the Commission for their efforts.
6.A. APPROVAL OF MINUTES OF REGULAR MEETING OF
SEPTEMBER 6, 2005
November 8, 2005 2
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of September 6, 2005. There were none.
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Regular Meeting of September 6, 2005,
as written and distributed.
6.B. APPROVAL OF MINUTES - FIRST BUDGET HEARING OF
SEPTEMBER 7, 2005
The Chairman asked if there were any corrections or additions to the Minutes of
the First Budget Hearing of September 7, 2005. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the First Budget Hearing of September 7,
2005, as written and distributed.
6.C. APPROVAL OF MINUTES - REGULAR MEETING OF
SEPTEMBER 13, 2005
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of September 13, 2005. There were none.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Minutes of the Regular Meeting of September 13,
2005, as written and distributed.
November 8, 2005 3
6.D. APPROVAL OF MINUTES – SECOND BUDGET HEARING
OF SEPTEMBER 14, 2005
The Chairman asked if there were any corrections or additions to the Minutes of
the Second Budget Hearing of September 14, 2005. There were none.
ON MOTION by Commissioner Bowden, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Minutes of the Second Budget Hearing of
September 14, 2005, as written and distributed.
7. CONSENT AGENDA
7.A. R
EPORT
The following reports have been received and are on file in the office of the Clerk to
the Board:
1. St. Johns River Water Management District’s Water Resource
Development Work Program Report.
7.B W
ARRANTS
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved the list of Warrants as issued by the Clerk to the
Board for October 21, 2005 to October 27, 2005, as
requested.
November 8, 2005 4
7.C. OHWSIP–
RANGE EIGHTS ATER ERVICES NSTALLATION ROJECT
RR-FPC
ELEASE OF ETAINAGE INAL AYMENT TO ONTRACTOR
(UU,I.)
NDERGROUND TILITIES NC
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved Pay Request No. 3 for $6,320.00 as final
payment to the Contractor, Underground Utilities, Inc., as
recommended in the memorandum of October 25, 2005.
7.D. RF-CON.2–C
ELEASE OF UNDS HANGE RDER O ONSTRUCTION OF
TWG–MRC,NR
ILTING EIR ATES AIN ELIEF ANAL ORTH ELIEF
C,SRC,L‘C’C
ANAL OUTH ELIEF ANAL AND ATERAL ANAL IN THE
IRFWCD–EI
NDIAN IVER ARMS ATER ONTROL ISTRICT AST NDIAN
RCMSMP(M-
IVER OUNTY ASTER TORMWATER ANAGEMENT LAN ET
C,I.)
ON NC
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved Change Order No. 02 and the contractor’s Final
Pay Request, including the release of the project retainage
in the amount of $78,207.92 to Met-Con, Inc., as
recommended in the memorandum of November 2, 2005.
November 8, 2005 5
7.E. BVMHPSS
REEZY ILLAGE OBILE OME ARK ANITARY EWER
RAPN.1,F–
ELOCATION PPLICATION FOR AYMENT O INAL
(UU,I.)
NDERGROUND TILITIES NC
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved the Application for Payment No. 1 in the amount
of $3,342.60, as recommended in the memorandum of
October 25, 2005.
7.F. WVWAP–R
ESTSIDE ILLAS ATER SSESSMENT ROJECT ELEASE OF
R–CON.1–FP
ETAINAGE HANGE RDER O INAL AYMENT TO
C(UU,I.)
ONTRACTOR NDERGROUND TILITIES NC
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved Change Order No. 1 for ($180.00), the total
project cost of $82,920.00, and application for Pay
Request No. 2 – Final as final payment to the Contractor,
Underground Utilities, Inc., in the amount of $23,088.00,
as recommended in the memorandum of October 25, 2005.
7.G. FCFBW-L3,B13,
LOODPLAIN UT AND ILL ALANCE AIVER OT LOCK
VLEU2(PC)
ERO AKE STATES NIT ERUGINI ONSTRUCTION
November 8, 2005 6
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
granted the cut and fill balance waiver based on the
criteria of Section 930.07(2)(d) 4, as recommended in the
memorandum of October 19, 2005.
7.H. KHE,S,PI–PN.
INGS IGHWAY XTENSION OUTH HASE ROJECT O
0446WON.6(E)–FP
ORK RDER O NGINEERING INAL AYMENT AND
RR–KHA,I.
ELEASE OF ETAINAGE IMLEY ORN AND SSOCIATES NC
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
released final payment plus retainage in the amount of
$6,849.75, as recommended in the memorandum of
October 31, 2005.
7.I. DSDESAGA
ORI LOSBERG RIVER DUCATION AFETY CT RANT WARD
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved the grant application from the School District of
Indian River County and authorized a budget amendment
to allocate funding in the amount of $13,957.00, as
recommended in the memorandum of November 1, 2005.
November 8, 2005 7
7.J. ABN.2006025-HA–S
NNUAL ID O YDROFLUOSILICIC CID OUTH
NCROWT
AND ORTH OUNTY EVERSE SMOSIS ATER REATMENT
P–HC,I.
LANTS ARCROS HEMICAL NC
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
awarded bid no. 2006025 to Harcros Chemical, Inc.,
authorized the Purchasing Division to issue blanket
purchase orders or individual job purchase orders, as
needed, for the period of November, 2005 through
September 30, 2006, and authorized the Purchasing
Manager to renew this Bid for two (2) additional one (1)
year periods subject to satisfactory performance, zero cost
increase, vendor acceptance and the determination that
renewal of this annual contract is in the best interest of the
County, as recommended in the memorandum of
November 2, 2005.
7.K. HS-IRCLS
OLIDAY CHEDULE NDIAN IVER OUNTY IBRARY YSTEM
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved the Holiday Schedule for Indian River County
Library Systems, as recommended in the memorandum of
November 2, 2005.
November 8, 2005 8
7.L. BASA–BN.2006018–
ID WARD AND AMPLE GREEMENT ID O
CHSWA–D
ARLL EIGHTS UBDIVISION ATER SSESSMENT ENNIS
MC
YERS ONTRACTING
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
awarded bid no. 2006018 to Dennis Myers Contracting,
the attached sample agreement, and authorized the
Chairman to execute the proposed agreement when
required performance and payment bonds have been
submitted along with appropriate certificate of insurance
and the County Attorney has approved the agreement as to
form and legal sufficiency, as recommended in the
memorandum of October 26, 2005.
7.M. AAEJTS
GREEMENT MENDMENT TO XTEND UNGLE RAIL HORELINE
S–PIICN.IR-03-36–F
TABILIZATION HASE ONTRACT O LORIDA
IND(FIND)
NLAND AVIGATION ISTRICT
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved the Project Agreement Amendment IR-03-36 to
extend the contract until September 2006 and authorized
the Chairman to execute both copies of the agreement, as
recommended in the memorandum of October 19, 2005.
November 8, 2005 9
7.N. CPCP–A
HANGE TO URCHASING ARD OLICY LLOWANCE FOR
CTE
ERTAIN RAVEL XPENSES
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved the Purchasing Card Policy, as recommended in
the memorandum of November 1, 2005.
7.O. CAPS(G.K.
ONTRACT GREEMENT FOR ROFESSIONAL ERVICES
E,I.)WON.239A
TH
NVIRONMENTAL NC ORK RDER O FOR VENUE
B69S&71S
THST
ETWEEN TREET TREET
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved alternate No. 1 whereby Work Order No. 2 be
awarded to G.K. Environmental, Inc. under the agreement
dated March 15, 2005, as recommended in the
memorandum of September 26, 2005.
7.P. UTFSN.5–US1-WB
NITY OF ITLE FOR IRE TATION O INTER EACH
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
approved and authorized the Chairman to execute the
Unity of Title, as recommended in the memorandum of
October 27, 2005.
November 8, 2005 10
8.A. DEFERRED - PROPERTY APPRAISER DAVID C. NOLTE –
ANNUAL REPORT FOR THE YEAR ENDING SEPTEMBER
30, 2005
8.B. SHERIFF ROY RAYMOND - FINANCIAL REPORT FOR
PERIOD ENDING SEPTEMBER 30, 2005
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
accepted the Sheriff’s report and check in the amount of
$941,302.61 in accordance with his letter of October 31,
2005.
8.C. TAX COLLECTOR CHARLES W. SEMBLER – 2005 EXCESS
FEE REPORT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously accepted
the Tax Collector’s 2005 Excess Fee Report in accordance
with his letter of October 31, 2005.
9.A.1. ORDINANCE 2005-047 –INDIAN RIVER COUNTY CODE
CHAPTER 955 – MOVING STRUCTURES
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
November 8, 2005 11
County Attorney William Collins explained that people with a business concept of
saving old houses instead of seeing them demolished had contacted him and one of the obstacles
they are running into is a provision of the County Code that requires a performance bond be
posted. Attorney Collins explained this item is to request an amendment to remove the
requirement for a performance bond.
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 Wheeler, SECONDED
by Commissioner Davis, the Board unanimously adopted
Ordinance 2005-047 amending Indian River County Code
Chapter 955, Moving of Structures, to delete a bonding
requirement.
9.B.1. PUBLIC DISCUSSION ITEM - DENNIS MATHERNE
REGARDING THE WAIVER PORTION OF THE IMPACT
FEE ORDINANCE
Dennis Matherne
, 25 Starfish Drive, discussed the waiver portion of the impact
fee ordinance. He stated he has been doing business based on the decision passed at a May 2005
Commission meeting. At a subsequent meeting the Board made a decision to change the length
of time for submitting the waiver. He was never informed of this change and now his requests
are being denied. Mr. Matherne requested that the Board reconsider the length of time that a
waiver would be valid.
County Attorney William Collins felt Mr. Mathers has an equitable argument
because he was not made aware of the changes made to the original ordinance.
November 8, 2005 12
Discussion ensued and Attorney Collins stated that the Board could treat Mr.
Matherne’s request as an appeal with respect to the contracts he entered into prior to July 1,
2005.
Assistant County Attorney Bill DeBraal stated that similar requests would be
coming to the Board in the near future.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
overturned the decision and granted Dennis Matherne’s
appeal with respect to the contracts he entered into prior to
July 1, 2005.
9.C.1. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON NOVEMBER 15, 2005
9.C.1.A.FW’RAP42
ND
RED ENISCHS EQUEST TO BANDON A ORTION OF
P(20’WA)LWUS1B
LACE A IDE LLEY YING EST OF AND ETWEEN
L42A43OTPS(L)
OTS ND F HE INSON UBDIVISION EGISLATIVE
9.C.1.B.BCTAPO
OARD ONSIDERATION O PPROVE URCHASE OF THE SLO
R–DTUC
IVERFRONT IAMOND RACT NDER THE OUNTY
ELP(A)
NVIRONMENTAL ANDS ROGRAM DMINISTRATIVE
Executive Aide to the Board Kim Massung read the notices into the record.
10.A. RESOLUTION 2005-183 - PROVIDING FOR AMENDMENTS
TO AGREEMENTS WITH LOS ANGELES DODGERS LLC
November 8, 2005 13
AND THE CITY OF VERO BEACH (DODGERTOWN GOLF
CLUB – PARKING LOT)
County Administrator Joseph Baird explained this request is to facilitate parking so
that there will be viable operations at the golf course property.
County Attorney William Collins stated all of the documents have been examined
by a bond counsel starting with the purchase of the property from the Dodgers. Mr. Collins
explained Bob Reed, the bond counsel, would sign these documents.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
adopted Resolution 2005-183 providing for the approval
of the form of and authorizing the execution and delivery
of second amendment to collateral development
agreement; parking property lease agreement; and second
amendment to facility lease agreement subject to Bob
Reed’s signature on the documents.
Craig Callen
, Los Angeles Dodgers, stated this would still allow the County and
the Dodgers to park during events at DodgerTown.
11.J.1. RESOLUTION 2005-184 & 2005-185 - POINT-O-WOODS
SUBDIVISION PETITION WATER SERVICE (ROBIN LANE –
RIVERSIDE – OFF ROSELAND ROAD) PRELIMINARY
ASSESSMENT RESOLUTIONS I AND II \[PROJECT UPC
2613\]
November 8, 2005 14
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
adopted Resolution 2005-184 providing for water main
expansion to Point-O-Woods subdivision (Robin Lane)
\[Resolution I\].
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
adopted Resolution 2005-185 setting a time and place at
which the owners of properties, located in Point-O-Woods
Subdivision (Robin Lane) in Indian River County, Florida,
and other interested persons, may appear before the Board
of County Commissioners of Indian River County and be
heard as the propriety and advisability of constructing the
water main extension, as to the cost thereof, as to the
manner of payment therefore, and as to the amount thereof
to be specially assessed against each property benefited
thereby.
11.J.2. RESOLUTION 2005-186 & 2005-187 – THE SQUIRE
TH
SUBDIVISION PETITION WATER SERVICE (57 AVENUE,
RD
NORTH OF 33 STREET) – PRELIMINARY ASSESSMENT
RESOLUTIONS I AND II
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
November 8, 2005 15
adopted Resolution 2005-186 providing for water main
th
expansion to the Squire Subdivision (57 Avenue, North
rd
of 33 Street) in Indian River County, Florida; providing
the total estimated cost method of payment of
assessments, number of annual installments, and
description of the area to be served (Resolution I).
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
adopted Resolution 2005-187 setting a time and place at
which the owners of properties, located in the Squire
thrd
Subdivision (57 Avenue, North of 33 Street) in Indian
River County, Florida, and other interested persons, may
appear before the Board of County Commissioners of
Indian River County and be heard as to the propriety and
advisability of constructing the water main extension, as to
the cost thereof, as to the manner of payment therefore,
and as to the amount thereof to be specially assessed
against each property benefited thereby (Resolution II).
13.A.1. CHAIRMAN THOMAS S. LOWTHER – ENTERPRISE ZONE
DEVELOPMENT AGENCY (EZDA)
Chairman Lowther explained this item is to choose the Chairman and the Vice
Chairman of the Enterprise Zone Development Agency. Chairman Lowther nominated Penny
Chandler as Chairman and Gwenda Thompson as Vice Chairman.
November 8, 2005 16
Commissioner Wheeler stated he would like to nominate Scott Stradley and Milt
Thomas because they are both members at large and do not represent any particular point of
view.
ON MOTION by Commissioner Bowden, SECONDED
by Chairman Lowther, the Board unanimously appointed
Penny Chandler as Chairman and Gwenda Thompson as
Vice Chairman to the Enterprise Zone Development
Agency.
13.A.2. CHAIRMAN THOMAS S. LOWTHER – REPLACEMENT OF
NDTH
PVC FENCE AT 82 AVENUE AND 12 STREET
Chairman Lowther expressed his concerns regarding PVC fences surrounding
developments.
Planning Director Stan Boling stated that the PVC fence in question surrounds a
small lot subdivision. He explained this was done in 2003 and there have been three changes to
buffer types since.
Discussion ensued and County Attorney William Collins explained the County
could not prohibit the owners from putting the fence back up because it was legal when
permitted.
Chuck Mechling
expressed his concerns regarding the fence and pointed out that
there should be conformity from one development to the other for aesthetic reasons. He
requested that when a fence goes up, staff should look at it and make sure it is something the
County could be comfortable with.
November 8, 2005 17
Joseph Paladin
, Chairman of the Growth Awareness Committee, requested that
staff inform him when similar issues arise so he could talk to the developer/builder to see what
could be changed before things are finalized.
13.A.3. CHAIRMAN THOMAS S. LOWTHER - AIRING THE
SCRIPPS VIDEO TAPE OF ADAMS RANCH RURAL LANDS
STEWARDSHIP WORKSHOP ON THE GOVERNMENT
CHANNEL
Chairman Lowther explained he had been to the workshop and would like to move
forward with airing the videotape on the County’s government channel.
Commissioner Wheeler felt it did not present a one sided opinion and he would
like to move forward with airing it on the County’s government channel.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
airing the Scripps videotape of the Adams Ranch Rural
lands Stewardship Workshop taped on October 19, 2005
on the County’s government channel.
13.D. COMMISSIONER WESLEY DAVIS – ROBERTS RULES OF
ORDER
Commissioner Davis felt some discretion should be removed from the Chairperson
and be given to the Board as a whole. He felt the system that is now in place could be improved
upon by using a more tried and true form of rules based on Roberts Rules of Order.
November 8, 2005 18
Commissioner Wheeler felt Commissioner Davis’ disagreements could be dealt
with as they come forward.
Vice Chairman Neuberger admitted Commissioner Davis does have some good
points but Roberts Rules of Order could be very cumbersome at times. He stated there are some
areas that could use improvement in the meeting procedures.
County Attorney William Collins explained that the Chairman rules on “Points of
Order” and can be overturned by a majority vote of the Board.
Commissioner Davis pointed out that the Board currently does not have the option
to amend a motion.
There was CONSENSUS for Commissioner Davis to
bring back policies regarding Board meeting procedures.
13.E. COMMISSIONER GARY C. WHEELER – USE OF COUNTY
STAFF TO ASSIST WITH PRESENTATION OF PROPOSED
URBAN SERVICE AREA BOUNDARY LEGISLATION
Commissioner Wheeler stated the request is not for staff to promote his idea but
merely to answer any questions other Councils may have.
Discussion ensued and it was felt that the other councils might feel the
Commission supports this view and staff may feel uncomfortable knowing that the Commission
has voted against moving forward with this special act. Chairman Lowther also stated he would
like to bring back to the Board the option of a super majority vote.
A MOTION was made by Commissioner Wheeler,
SECONDED by Commissioner Bowden, to allow staff to
accompany Commissioner Wheeler to city councils’
November 8, 2005 19
meetings for information purposes only. The motion failed
by a 2-3 vote (Chairman Lowther, Commissioner Davis,
and Vice Chairman Neuberger opposed).
14.A. EMERGENCY SERVICES DISTRICT - NONE
14.B. SOLID WASTE DISPOSAL DISTRICT - NONE
14.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 10:20 a.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
ip
November 8, 2005 20