HomeMy WebLinkAbout12/6/2005 (2)
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 6, 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 FOR THE INDIAN RIVER COUNTY/POINTE
WEST HOLIDAY FIRE AND ICE SPECIAL EVENT .......................... 2
5.B.PRESENTATION – BOYS AND GIRLS CLUB REQUEST TO
USE DODGER (HOLMAN) STADIUM ON APRIL 1, 2006 TO
PRESENT A CONCERT – APPROVED SALE OF ALCOHOLIC
BEVERAGES ............................................................................................... 2
6.A.APPROVAL OF MINUTES – REGULAR MEETING OF
OCTOBER 4, 2005 ........................................................................................ 3
December 6, 2005 1
6.B.APPROVAL OF MINUTES – REGULAR MEETING OF
OCTOBER 11, 2005 ...................................................................................... 3
6.C.APPROVAL OF MINUTES – REGULAR MEETING OF
OCTOBER 18, 2005 ...................................................................................... 4
6.D.APPROVAL OF MINUTES – SPECIAL CALL MEETING OF
OCTOBER 20, 2005 ...................................................................................... 4
6.E.APPROVAL OF MINUTES – REGULAR MEETING OF
NOVEMBER 1, 2005 .................................................................................... 4
7.CONSENT AGENDA ................................................................................... 5
7.A.R ...............................................................................................................5
EPORTS
7.B.AW–N4-10,2005 ..................................................5
PPROVAL OF ARRANTS OVEMBER
7.C.AW–N11-27,2005 ................................................6
PPROVAL OF ARRANTS OVEMBER
7.D.CBW–O–J19,2006 ..........................6
ANVASSING OARD ORKSHOP RLANDO ANUARY
7.E.O--CTCAN
UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND THE ATIONAL
AC(NAC)ALC–
SSOCIATION OF OUNTIES O NNUAL EGISLATIVE ONFERENCE
M4-8,2006 ........................................................................................................6
ARCH
7.F.RD.JJ.WEC
ESIGNATION OF R OHN ITTE FROM THE NVIRONMENTAL ONTROL
HB(ECHB) ..........................................................................................7
EARING OARD
7.G.FY2004-2005RDCS
ECORDS ISPOSITION OMPLIANCE TATEMENT AND
RMLOF ...................................................7
ECORDS ANAGEMENT IAISON FFICER ORM
7.H.PA–RN.2005-1902005-203
ROPERTY CQUISITION ESOLUTION OS THROUGH
TRR&TC–VF,LLC(/63
RD
AX OLL EMOVAL AX ANCELLATION ERO LEX RW
S),BC(/58A&41S),DV
THST
TREET RYAN HESSER RW VENUE TREET IOSTA
(WVSS),DV(WV49
TH
ATERWAY ILLAGE CHOOL ITE IOSTA ATERWAY ILLAGE
S&58A),VPPT(UWWTF
TH
TREET VENUE ARIOUS ARCELS ERRY RUST TILITIES
December 6, 2005 2
L),VPI(UWWTFL),V
AND ARIOUS ARCELS DLETTE TILITIES AND AND ARIOUS
PBT(66A) ...................................................................7
TH
ARCELS EATTY RUST VENUE
7.I.O--CT–CA–G
UTOFOUNTY RAVEL OUNTY DMINISTRATOR OVERNMENT
FOAAC–M7-10,2006–
INANCE FFICER SSOCIATION NNUAL ONFERENCE AY
M ............................................................................................................ 11
ONTREAL
7.J.RN.2005-204–REE
ESOLUTION O EQUESTING STABLISHMENT OF AN ROSION
CLS7BR–F
ONTROL INE FOR THE ECTOR EACH ESTORATION LORIDA
DEP(FDEP)–T
EPARTMENT OF NVIRONMENTAL ROTECTION RUSTEES OF THE
IITF .................................................................. 12
NTERNAL MPROVEMENT RUST UND
7.K.HW–DRFA–D
URRICANE ILMA IASTER ELIEF UNDING GREEMENT EPARTMENT
CA-PAHM .............. 12
OF OMMUNITY FFAIRS UBLIC SSISTANCE AND AZARD ITIGATION
7.L.O-YSLAI–M/ACOM–
NEEAR OFTWARE ICENSE GREMENT AND NSTALLATION
EDACS–CI,I. .............................................. 13
OMMUNICATIONS NTERNATIONAL NC
7.M.FIC–IR
IREWORKS NDEMNIFICATION AND ONTRACT NDIAN IVER
C/PWC-S-HFIS
OUNTYOINTE EST OPONSORS OLIDAY IRE AND CE PECIAL
E ............................................................................................................ 13
VENT
7.N.MCL.L.C.–FPAS
ALL ENTER INAL LAT PPROVAL FOR A UBDIVISION TO BE
KMC–B13LVMP.D.
TH
NOWN AS ALL ENTER ETWEEN ANE AND ERO ALL WEST
US#1 ........................................................................................................... 14
SIDE OF
7.O.KBHTCL.L.C.–FPA
OMES REASURE OAST INAL LAT PPROVAL FOR A
SKPWNVPIVP.D. ... 14
UBDIVSIION TO BE NOWN AS OINTE EST ORTH ILLAGE HASE
7.P.M#3WPC’C
ODIFICATION TO THE ORK LAN FOR THE OUNTYS OMMUNITY
DBG(CDBG)HRP ..... 15
EVELOPMENT LOCK RANT OUSING EHABILITATION ROJECT
7.Q.F-SDII,L.L.C.–WP
LINCHUMCHLITT EVELOPMENT ORK LAN FOR THE
C’CDBG(CDBG)H
OUNTYS OMMUNITY EVELOPMENT LOCK RANT OUSING
RP ..................................................................................... 15
EHABILITIATION ROJECT
7.R.RN.2005-205-MBA003 .......... 16
ESOLUTION O ISCELLANEOUS UDGET MENDMENT
7.S.RN.2005-206–MBA004.......... 16
ESOLUTION O ISCELLANEOUS UDGET MENDMENT
7.T.FAA-FSC ..................... 17
INANCIAL DVISORY GREEMENT IRST OUTHWEST OMPANY
7.U.IRCS’OHR/R
NDIAN IVER OUNTY HERIFFS FFICE URRICANE EPAIRENOVATION
(HJ)-FAE
URRICANE EANNE OURTH MENDMENT TO THE MERGENCY
C–BC- .................................................................... 17
ONTRACT ARTH ONSTRUCTION
December 6, 2005 3
7.V.NCAB–PR–T
EW OUNTY DMINISTRATION UILDINGS ROGRESS EPORT URNER
C–VECO,R
ONSTRUCTION ALUE NGINEERING HANGE RDERS EDUCTION OF
GMP(GMP) ................................................................. 18
UARANTEED AXIMUM RICE
7.W.B#2006027–SSS–USASF,
ID TREET WEEPING ERVICE ERVICES OF LORIDA
I.(UD.) ............................................................................................ 18
NC TILITIES EPT
7.X.B#2006031–P–P,I.(UD.) .......................... 19
ID OLYMER OLYDYNE NC TILITIES EPT
7.Y.NCTS(810BD,S)–S
ORTH OUNTY OWER ITE AILEY RIVE EBASTIAN PRINT
S,L.P.–B&VC./OC,I. ...... 20
PECTRUM LACK EATCH ORPVERLAND ONTRACTING NC
8.A.PROPERTY APPRAISER DAVID NOLTE – FINAL BUDGET
AMENDMENT FOR YEAR ENDING SEPTEMBER 30, 2005 ........... 20
8.B.PROPERTY APPRAISER DAVID NOLTE – ANNUAL REPORT
FOR YEAR ENDING SEPTEMBER 30, 2005 ....................................... 21
9.A.1.PUBLIC HEARING – RESOLUTION NO. 2005-207 – THE
TH
SQUIRE SUBDIVISION PETITION WATER SERVICES – (57
RD
AVENUE NORTH OF 33 STREET) – PRELIMINARY
ASSESSMENT – RESOLUTION III – INDIAN RIVER COUNTY
PROJECT NO. UCP-2535 ......................................................................... 21
9.A.2.PUBLIC HEARING – RESOLUTION NO. 2005-208 –
POINT-O-WOODS SUBDIVISION PETITION WATER
SERVICE (ROBIN LANE – RIVERSIDE – OFF ROSELAND
ROAD) – PRELIMINARY ASSESSMENT - INDIAN RIVER
COUNTY PROJECT NO. UCP-2613 ....................................................... 22
9.B.1.PUBLIC DISCUSSION ITEM –BRIAN HEADY REGARDING
ELECTED REPRESENTATIVE’S RESPONSIBILITIES .................. 24
December 6, 2005 4
9.B.2.PUBLIC DISCUSSION ITEM – SUE SKIRVIN REGARDING
TH
PLANNING AND ZONING ISSUE (RESIDENCE AT 5232 94
PLACE, SEBASTIAN) ............................................................................... 24
9.C.PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON DECEMBER 13, 2005 ..................................................... 26
9.C.1.AOBCCI
N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF NDIAN
RC,F,IRCON.
IVER OUNTY LORIDA AMENDING NDIAN IVER OUNTY RDINANCE O
2005-015“TX,IF”,
ITLE MPACT EES PROVIDING FOR REMOVING THE
NECESSITY OF IMPAIRMENT TO EXISTING CONTRACTS BEFORE IMPACT FEES
;S30,2005,
CAN BE WAIVED PROVIDING FOR SETTING EPTEMBER AS THE DATE
;;
TO SUBMIT CONTRACTS FOR CONSIDERATION PROVIDING FOR CODIFICATION
;.
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE
(L) ......................................................................................................... 26
EGISLATIVE
9.C.2.AC’DRI
MENDMENT TO THE OUNTYS ISASTER ECOVERY NITIATIVE
CDBG(CDBG),-
OMMUNITY EVELOPMENT LOCK RANT TO REALLOCATE
.(L).............................................................................. 26
PROJECT FUNDS EGISLATIVE
9.C.3.RUMC’
OSELAND NITED ETHODIST HURCHS REQUEST FOR SPECIAL EXCEPTION
12962RR.
USE APPROVAL FOR A DAYCARE TO BE LOCATED AT OSELAND OAD
(Q-J) .................................................................................................... 26
UASIUDICIAL
9.C.4.BFL.P’+/-30
RACKETT AMILY TD ARTNERSHIPS REQUEST TO REZONE ACRES
12S,210090
THTH
LOCATED SOUTH OF TREET APPROXIMATELY FEET EAST OF
AA-1,A-1D(1/5)
VENUE FROM GRICULTURAL ISTRICT UP TO UNIT ACRES TO
RM-6,M-FRD(6/).
ULTIPLEAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE
BFL.P,O.(Q-J) .................... 27
RACKETT AMILY TD ARTNERSHIP WNER UASIUDICIAL
10.A.COUNTY ADMINISTRATOR’S MATTERS – CITY OF
FELLSMERE – REQUEST FOR DONATION OF LAND FOR
December 6, 2005 5
DRAINAGE PURPOSES – LOTS 11 AND 12, TOWN OF
FELLSMERE (NORTH HICKORY STREET) ..................................... 27
10.B.COUNTY ADMINISTRATOR’S MATTERS – ACCEPTANCE
OF AMERICAN SHORE & BEACH PRESERVATION
ASSOCIATION (ASBPA) 2005 TOP RESTORED BEACH
AWARD – OUT-OF-COUNTY TRAVEL............................................... 29
11.I.1.PUBLIC WORKS – SUMMARY OF THE STORMWATER
DIVISION’S PHASE I REGIONAL SOLUTION TO
FEDERALLY MANDATED STORMWATER POLLUTION
REDUCTION REQUIREMENTS (CAPITAL PROJECTS),
INCLUDING AN INTRODUCTION OF A NEW REGIONAL
STORMWATER POLLUTION CONTROL FACILITY – SOUTH
CANAL ALGAL TURF SCRUBBER SYSTEM – LOCATION:
WEST OF OLD DIXIE HIGHWAY ABUTTING THE SOUTH
RELIEF CANAL AND THE LATERAL J CANAL - MOUNTAIN
TRAIL BIKE ASSOCIATION .................................................................. 29
11.I.2.PUBLIC WORKS – BLUEWATER BAY DEVELOPER’S
AGREEMENT – 510 DEVELOPMENT GROUP LLC -
CONTRIBUTIONS TO ROADWAY IMPROVEMENTS ALONG
TH
CR 510 AND NEARBY INTERSECTIONS (CR 510 AND 66
STTH
AVENUE; CR 510 AND US#1, 41 STREET AND 66 AVENUE,
THTH
AND 65 STREET AND 58 AVENUE) .............................................. 32
11.I.3.PUBLIC WORKS – HERON CAY SPECIFIC PURPOSE
DRAINAGE SURVEY – BURDETTE & ASSOCIATES, INC. -
WORK ORDER NO. 2 ............................................................................... 36
December 6, 2005 6
11.I.4.PUBLIC WORKS – SURVEYING AND MAPPING SERVICES
–EASTERN INDIAN RIVER COUNTY TOWNSHIP AND
SECTIONAL HORIZONTAL CONTROL SURVEYING AND
MAPPING SERVICES PROJECT – NICK MILLER, INC. –
WORK ORDER NO. 2 (PHASE 3) ........................................................... 37
11.I.5.PUBLIC WORKS – PROPOSED RAILROAD CROSSING AT
RDST
53 STREET – CLOSING OF 71 STREET CROSSING –
FLORIDA EAST COAST RAILROAD (FECRR) –
STIPULATION OF PARTIES AGREEMENT – REVISED
LICENSE AGREEMENTS – PROJECT NO. 0107 ............................... 38
11.I.6.PUBLIC WORKS – TURTLE CREEK PLANNED
TH
DEVELOPMENT – 27 AVENUE SW WIDENING
IMPROVEMENTS – DEVELOPER’S AGREEMENT –
LOCKWOOD LANE DEVELOPMENT GROUP, LLC ...................... 39
11.J.1.UTILITIES SERVICES – UTILITIES DEPARTMENT
OPERATIONS CENTER APPROVAL – SUMMIT
CONSTRUCTION MANAGEMENT, INC. – CHANGE ORDER
NO. 3 ............................................................................................. 40
12.COUNTY ATTORNEY – RETENTION OF AWERBACH &
COHN P.A. – COUNTRYSIDE NORTH MANUFACTURED
HOME COMMUNITY – OUTSTANDING SEWER IMPACT FEE
OBLIGATION ............................................................................................. 40
13.ACHAIRMAN THOMAS S. LOWTHER – REQUEST FROM
ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA) TO
ESTABLISH A PROCESS TO ACCELERATE BUILDING
December 6, 2005 7
PERMITS OR PLANNING AND ZONING MATTERS FOR
COMPANIES AND/OR INDIVIDUALS DOING WORK WITHIN
THE ENTERPRISE ZONE ....................................................................... 42
13.A.2.PLACEMENT OF HOUSE IN FLORIDA RIDGE SUBDIVISION
(MOVED FROM PREVIOUS LOCATION FOR
REHABILITATION – ORDINANCE 2005-047 BONDING
REQUIREMENTS DELETED ................................................................. 43
13.C.COMMISSIONER SANDRA L. BOWDEN – REQUEST FOR
INDEPENDENT OUTSIDE COUNSEL REVIEW OF THE
LEWIS BARTON CASE ............................................................................ 45
14.A.EMERGENCY SERVICES DISTRICT .................................................. 47
1.APPROVALOFMINUTES:MEETINGOFOCTOBER18,2005 .................... 47
2.FY2004-2005RECORDSDISPOSITIONCOMPLIANCESTATEMENT
ANDRECORDSMANAGEMENTLIAISONOFFICERFORM ...................... 47
3.DESIGNSERVICESCONTRACT(PARTIAGREEMENTWITHBARTH
CONSTRUCTIONFORTHECONSTRUCTIONOFEMERGENCY
THRD
SERVICESSTATION12(5STREETSW–WESTOF43AVENUE) ....... 47
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 47
1.APPROVALOFMINUTES: ................................................................................. 47
.MEETINGOFOCTOBER4,2005 ....................................................................... 47
A
.MEETINGOFOCTOBER11,2005 ..................................................................... 47
B
.MEETINGOFNOVEMBER1,2005 ................................................................... 48
C
2.FY2004-2005RECORDSDISPOSITIONCOMPLIANCESTATEMENT
ANDRECORDSMANAGEMENTLIAISONOFFICERFORM ...................... 48
December 6, 2005 8
3.PHASEIIIPERMITTINGFORDEVELOPMENTOFSWDD’S
NORTHERNEXPANSIONAREA–CAMPDRESSER&MCKEE,INC.
WORKAUTHORIZATIONNO.4 ........................................................................ 48
14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 48
1.APPROVALOFMINUTES:MEETINGOFOCTOBER11,2005 .................... 48
2.REQUESTFORAUTHORIZATIONTOSUEDAVIDHOWARD,AKA
JOHNDAVIDHOWARD,ENVIORNMENTALCONTROLHEARING
BOARDCASENO.276-98 .................................................................................... 48
December 6, 2005 9
December 6, 2005
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, December 6, 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 Administrator Joseph A. Baird, County Attorney William G. Collins
II, Executive Aide to the Board Kimberly Massung, and Deputy Clerk Patricia Ridgely.
1. CALL TO ORDER
Chairman Lowther called the meeting to order.
2. INVOCATION
Father Tri Pham, St. Helen Catholic Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Gary C. Wheeler led the Pledge of Allegiance to the Flag.
December 6, 2005 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Lowther advised of the following additions to the agenda:
Add Item 5.B. – Request of Boys & Girls Club to use Dodger Stadium for a Concert
on April 1, 2006; Item 13.A.2. – Placement of the house in Florida Ridge Subdivision; and
additional backup for Item 9.B.2.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved the above additions to the agenda.
5.A. PRESENTATION FOR THE INDIAN RIVER
COUNTY/POINTE WEST HOLIDAY FIRE AND ICE SPECIAL
EVENT
Chuck Mechling
advised of the activities planned for the event and asked people to
bring an unwrapped toy for the Salvation Army. He thanked the Recreation Department for their
assistance and co-partnership and presented a theme-wreath to hang in the Commission office. In
closing, he invited everyone to attend the event.
5.B. PRESENTATION – BOYS AND GIRLS CLUB REQUEST TO
USE DODGER (HOLMAN) STADIUM ON APRIL 1, 2006 TO
PRESENT A CONCERT – APPROVED SALE OF ALCOHOLIC
BEVERAGES
December 6, 2005 2
Ronnie Hewett
requested the Board to approve the Boys & Girls Club presenting a
concern at Holman Stadium on April 1, 2007. He stated he had met with Dodger officials and had
received their approval.
County Administrator Baird advised that permission would be needed (as in the
past) to sell alcoholic beverages.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the use of Holman Stadium for a concert to be held April 1,
2006 and further approved the sale of alcoholic beverages.
6.A. APPROVAL OF MINUTES – REGULAR MEETING OF
OCTOBER 4, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting with Brevard County Commission on October 4, 2005. There were none.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of October 4, 2005, as
written and distributed.
6.B. APPROVAL OF MINUTES – REGULAR MEETING OF
OCTOBER 11, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of October 11, 2005. There were none.
December 6, 2005 3
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of October 11, 2005, as
written and distributed.
6.C. APPROVAL OF MINUTES – REGULAR MEETING OF
OCTOBER 18, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting on October 18, 2005. There were none.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of October 18, 2005, as
written and distributed.
6.D. APPROVAL OF MINUTES – SPECIAL CALL MEETING OF
OCTOBER 20, 2005
The Chairman asked if there were any corrections or additions to the Minutes of the
Special Call Meeting of October 20, 2005. There were none.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Special Call Meeting of October 20, 2005,
as written and distributed.
6.E. APPROVAL OF MINUTES – REGULAR MEETING OF
NOVEMBER 1, 2005
December 6, 2005 4
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of November1, 2005. There were none.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
Minutes of the Regular Meeting of November 1, 2005, as
written and distributed.
7. CONSENT AGENDA
7.A. R
EPORTS
Chairman Lowther separated Item 7.O. for a typographical correction.
The following reports have been received and are on file in the office of the Clerk to the
Board:
1.Report of Convictions for October 2005
2.Town of Indian River Shores Annexation Ordinance No. 476
7.B. AW–N4-10,2005
PPROVAL OF ARRANTS OVEMBER
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
November 4-15, 2005, as requested.
December 6, 2005 5
7.C. AW–N11-27,2005
PPROVAL OF ARRANTS OVEMBER
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
November 11-27, 2005, as requested.
7.D. CBW–O–J19,2006
ANVASSING OARD ORKSHOP RLANDO ANUARY
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously
authorized Executive Aide Kimberly Massung to register
two Commissioners to attend the Canvassing Board
Workshop, as recommended in the memorandum of
November 30, 2005.
7.E. O--CTCA
UTOFOUNTY RAVEL FOR OMMISSIONERS TO TTEND THE
NAC(NAC)A
ATIONAL SSOCIATION OF OUNTIES O NNUAL
LC–M4-8,2006
EGISLATIVE ONFERENCE ARCH
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
out-of-county travel for Commissioners and staff to attend
the Annual National Association of Counties (NACo)
Conference to be held March 4-8, 2006 in Washington,
D.C., as recommended in the memorandum of November
30, 2005.
December 6, 2005 6
7.F. RD.JJ.WE
ESIGNATION OF R OHN ITTE FROM THE NVIRONMENTAL
CHB(ECHB)
ONTROL EARING OARD
The Commissioners accepted the resignation of Dr. Witte
as the Medical Doctor from the ECHB.
7.G. FY2004-2005RDCS
ECORDS ISPOSITION OMPLIANCE TATEMENT
RMLOF
AND ECORDS ANAGEMENT IAISON FFICER ORM
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously
authorized the Chairman to execute the Records
Disposition Compliance Statements for the period October
1, 2004 through September 30, 2005, and submit the
Record Management Liaison Officer (RMLO) form to the
Florida Department of State for the Indian River County
Board of County Commissioners, as recommended in the
memorandum of November 30, 2005.
COPY OF DOCUMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.H. PA–RN.2005-190
ROPERTY CQUISITION ESOLUTION OS THROUGH
2005-203TRR&TC–V
AX OLL EMOVAL AX ANCELLATION ERO
F,LLC(/63S),BC(/58A
RDTH
LEX RW TREET RYAN HESSER RW VENUE
&41S),DV(WVSS),
ST
TREET IOSTA ATERWAY ILLAGE CHOOL ITE
December 6, 2005 7
DV(WV49S&58A),
THTH
IOSTA ATERWAY ILLAGE TREET VENUE
VPPT(UWWTFL),
ARIOUS ARCELS ERRY RUST TILITIES AND
VPI(UWWTFL),
ARIOUS ARCELS DLETTE TILITIES AND AND
VPBT(66A)
TH
ARIOUS ARCELS EATTY RUST VENUE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-190 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
rd
(Vero Flex, LLC – R/w 63 Street)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-191 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
thst
(Bryan Chesser – R/W 58 Avenue & 41 Street)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-192 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(DiVosta – Waterway Village – School Site)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-193 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
December 6, 2005 8
thth
(DiVosta – Waterway Village – R/W 49 Street & 58
Avenue)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-194 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Perry Trust – Utilities WWTF Land)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-195 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Idlette – Utilities WWTF Land)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-196 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Idlette – Utilities WWTF Land)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-197 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Perry Trust – Utilities WWTF Land)
December 6, 2005 9
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-198 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Idlette – Utilities WWTF Land)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-199 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
th
(Beatty Trust – R/W 66 Avenue)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-200 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
th
(Beatty Trust – R/W 66 Avenue)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-201 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
th
(Beatty Trust – R/W 66 Avenue)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-202 canceling taxes upon publicly
December 6, 2005 10
owned lands, pursuant to Section 196.28, Florida Statutes.
th
(Beatty Trust – R/W 66 Avenue)
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-203 canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
th
(Beatty Trust – R/W 66 Avenue)
7.I. O--CT–CA–
UTOFOUNTY RAVEL OUNTY DMINISTRATOR
GFOAA
OVERNMENT INANCE FFICER SSOCIATION NNUAL
C–M7-10,2006–M
ONFERENCE AY ONTREAL
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
out-of-county travel for County Administrator Baird to
attend the Government Finance Officer Association Annual
Conference in Montreal in May 2006, as requested in the
memorandum of November 29, 2005.
December 6, 2005 11
7.J. RN.2005-204–RE
ESOLUTION O EQUESTING STABLISHMENT OF AN
ECLS7BR
ROSION ONTROL INE FOR THE ECTOR EACH ESTORATION
–FDEP
LORIDA EPARTMENT OF NVIRONMENTAL ROTECTION
(FDEP)–TIIT
RUSTEES OF THE NTERNAL MPROVEMENT RUST
F
UND
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-204 requesting that the Trustees of the
Internal Improvement Trust Fund establish an erosion
control line on the shoreline for approximately 2.22 miles
between FDEP Monuments R-97 and R-108, setting forth
findings; and providing for an effective date.
7.K. HW–DRFA–
URRICANE ILMA IASTER ELIEF UNDING GREEMENT
DCA-PA
EPARTMENT OF OMMUNITY FFAIRS UBLIC SSISTANCE AND
HM
AZARD ITIGATION
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the agreement #06-WL-&K-10-41-02-522 with the
Department of Community Affairs and authorized the
Chairman to sign all documents association with
agreement, as recommended in the memorandum of
November 15, 2005.
December 6, 2005 12
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.L. O-YSLAI–
NEEAR OFTWARE ICENSE GREMENT AND NSTALLATION
M/ACOM–EDACS–CI,I.
OMMUNICATIONS NTERNATIONAL NC
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the purchase of a one-year 800 MHz software license
agreement from Communications International, Inc., in the
amount of $74,000, as recommended in the memorandum
of November 16, 2005.
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.M. FIC–IR
IREWORKS NDEMNIFICATION AND ONTRACT NDIAN IVER
C/PWC-S-HFI
OUNTYOINTE EST OPONSORS OLIDAY IRE AND CE
SE
PECIAL VENT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the indemnification and liability hold harmless clause of the
contract and authorized the Chairman or his designee to
execute the contract along with Pointe West as co-sponsors,
as recommended in the memorandum of November 29,
2005.
December 6, 2005 13
FIREWORKS DISPLAY CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.N. MCL.L.C.–FPAS
ALL ENTER INAL LAT PPROVAL FOR A UBDIVISION
KMC–B13LV
TH
TO BE NOWN AS ALL ENTER ETWEEN ANE AND ERO
MP.D.US#1
ALL WEST SIDE OF
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously granted
final plat approval for Mall Center Subdivision, as
recommended in the memorandum of November 22, 2005.
7.O. KBHTCL.L.C.–FPA
OMES REASURE OAST INAL LAT PPROVAL FOR
SKPWNV
A UBDIVSIION TO BE NOWN AS OINTE EST ORTH ILLAGE
PIVP.D.
HASE
Chairman Lowther advised that KB Homes was not involved in this matter and
should not have been in the title.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously granted
final plat approval for Pointe West North Village Phase IV
P.D. and authorized the Administrator to sign the Contract
for Construction of Required Improvements and Cash
December 6, 2005 14
Deposit and Escrow Agreement, as recommended in the
memorandum of November 22, 2005.
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.P. M#3WPC’
ODIFICATION TO THE ORK LAN FOR THE OUNTYS
CDBG(CDBG)H
OMMUNITY EVELOPMENT LOCK RANT OUSING
RP
EHABILITATION ROJECT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the revised project work plan, which will extend the
deadline for the CDBG Housing Rehabilitation project
from January 28, 2006 to July 28, 2006 and authorized the
Chairman to sign the modification form as presented, as
recommended in the memorandum of November 18, 2005.
COPY OF PARTIALLY EXECUTED MODIFICATION #3 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.Q. F-SDII,L.L.C.–WP
LINCHUMCHLITT EVELOPMENT ORK LAN FOR
C’CDBG
THE OUNTYS OMMUNITY EVELOPMENT LOCK RANT
(CDBG)HRP
OUSING EHABILITIATION ROJECT
December 6, 2005 15
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Cash Deposit and Escrow Agreement and authorized
the Chairman of the Board of County Commissioners to
execute same, as recommended in the memorandum of
November 30, 2005.
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.R. RN.2005-205-MB
ESOLUTION O ISCELLANEOUS UDGET
A003
MENDMENT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-205 amending the fiscal year
2005-2006 budget.
7.S. RN.2005-206–MB
ESOLUTION O ISCELLANEOUS UDGET
A004
MENDMENT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-206 amending the fiscal year
2005-2006 budget.
December 6, 2005 16
7.T. FAA-FSC
INANCIAL DVISORY GREEMENT IRST OUTHWEST OMPANY
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Financial Advisory Agreement with First Southwest
Company, as recommended in the memorandum of
November 29, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.U. IRCS’OH
NDIAN IVER OUNTY HERIFFS FFICE URRICANE
R/R(HJ)-F
EPAIRENOVATION URRICANE EANNE OURTH
AEC–B
MENDMENT TO THE MERGENCY ONTRACT ARTH
C-
ONSTRUCTION
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Fourth Amendment to the Agreement with Barth
Construction for repairs and rehabilitation of the Sheriff’s
Offices in the amount of $65,272.52, and authorized the
Chairman to execute the same, as recommended in the
memorandum of November 15, 2005.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
December 6, 2005 17
7.V. NCAB–PR–
EW OUNTY DMINISTRATION UILDINGS ROGRESS EPORT
TC–VECO,
URNER ONSTRUCTION ALUE NGINEERING HANGE RDERS
RGMP(GMP)
EDUCTION OF UARANTEED AXIMUM RICE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously accepted
the report, approved the value engineering items as
submitted, and authorized the County Administrator to
approve the deductive Change Orders necessary to
effectuate the value engineered items not to exceed
$304,364.50 as they are submitted with the savings to be
placed within the Owner’s Contingency, and approved the
reduction of the GMT from $33,086,442 to $31,824,906.16
based on the Owner’s Direct Purchases of $1,261,535.84,
all as recommended in the memorandum of November 30,
2005.
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
7.W. B#2006027–SSS–USAS
ID TREET WEEPING ERVICE ERVICES OF
F,I.(UD.)
LORIDA NC TILITIES EPT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously awarded
Bid #2006027 to USA Services of Florida, Inc. as the
December 6, 2005 18
lowest, most responsive and responsible bidder meeting the
specifications as set forth in the Invitation to bid;
authorized the Purchasing Division to issue blanket
purchase orders or individual job purchase orders, as
needed, for the period December 2005 through September
30, 2006 with the recommended vendor; 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 bid is in the best
interest of Indian River County, as recommended in the
memorandum of November 18, 2005.
7.X. B#2006031–P–P,I.(UD.)
ID OLYMER OLYDYNE NC TILITIES EPT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously awarded
Bid #2006031 to Polydyne, Inc. as the lowest, most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to bid at a cost of
$8.428 per gallon; authorized the Purchasing Division to
issue blanket purchase orders or individual job purchase
orders, as needed, for the period December 2005 through
September 30, 2006 with the recommended vendor; and
authorized the Purchasing Manager to renew this bid for
two (2) additional one (1) year periods subject to
satisfactory performance, zero cost increase, bidder
December 6, 2005 19
acceptance and the determination that renewal of this
annual bid is in the best interest of Indian River County, as
recommended in the memorandum of November 16, 2005.
7.Y. NCTS(810BD,S)–
ORTH OUNTY OWER ITE AILEY RIVE EBASTIAN
SS,L.P.–B&VC./O
PRINT PECTRUM LACK EATCH ORPVERLAND
C,I.
ONTRACTING NC
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
Sprint’s request to add equipment to the North Tower site
and authorized the Chairman to sign the attached Owner
Authorization form so they can apply for a construction
permit, as recommended in the memorandum of November
30, 2005.
OWNER AUTHORIZATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
8.A. PROPERTY APPRAISER DAVID NOLTE – FINAL BUDGET
AMENDMENT FOR YEAR ENDING SEPTEMBER 30, 2005
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Mr. Nolte’s final budget amendment for FY 2004-2005, as
requested in his letter of October 21, 2005.
December 6, 2005 20
8.B. PROPERTY APPRAISER DAVID NOLTE – ANNUAL REPORT
FOR YEAR ENDING SEPTEMBER 30, 2005
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
Mr. Nolte’s annual report for FY 2004-2005, as transmitted
in his letter of October 27, 2005.
9.A.1. PUBLIC HEARING – RESOLUTION NO. 2005-207 – THE
TH
SQUIRE SUBDIVISION PETITION WATER SERVICES – (57
RD
AVENUE NORTH OF 33 STREET) – PRELIMINARY
ASSESSMENT – RESOLUTION III – INDIAN RIVER COUNTY
PROJECT NO. UCP-2535
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Manager of Assessment Projects Dan Chastain reviewed the memorandum of
November 10, 2005, advising that staff had the full support of the property owners for this project.
He concluded his short presentation with the information that staff recommended approval by
adoption of the resolution presented.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
December 6, 2005 21
Resolution No. 2005-207 confirming the special
assessments in connection with water main expansion to
th
The Squire Subdivision (57 Avenue north of 33rd Street)
in Indian River County, Florida; and providing for special
assessment liens to be made of record.
9.A.2. PUBLIC HEARING – RESOLUTION NO. 2005-208 –
POINT-O-WOODS SUBDIVISION PETITION WATER
SERVICE (ROBIN LANE – RIVERSIDE – OFF ROSELAND
ROAD) – PRELIMINARY ASSESSMENT - INDIAN RIVER
COUNTY PROJECT NO. UCP-2613
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Manager of Assessment Projects Dan Chastain reviewed his memorandum of
November 10, 2005. One property owner (Lot 1) has no frontage and the owner was given option
to be included but opted against. The property owner of that parcel would have the option in the
future to connect to the water service after paying the appropriate fees. Mr. Chastain concluded his
presentation with the information that staff recommended approval by adoption of the resolution
presented.
The Chairman opened the public hearing.
Dennis White,
821 Robin Lane, thanked staff and presented letters in support of the
project from him and his wife, as well as owners of the following properties: 845, 851 and 881
Robin Lane (Rutledge, Nicolaisen, and Jutras).
Mr. Chastain stated that 76% of the property owners were in favor of the project.
December 6, 2005 22
Anne Dann,
826 Robin Lane, owner of two lots and the grandmother of 2 small
children, was in favor of the project.
Bonnie Stewart,
863 Robin Lane, spoke in support of the project
Ed Burkhart,
803 Robin Lane, advised of four owners in Point-O-Woods who were
in opposition. (William Ray, Stephen Couto, Irving Ray, and David Humphrey) They believed
the costs would be a financial burden for them because of fixed income.
Mr. Chastain explained the available payment plan as follows: The first of 10
annual payments would not be due for about 18 months. If the assessment is $2,500 it would cost
the owner $250 per year plus interest. The capacity connection charge is about $1,300 and can be
financed for 5 years.
The connection fee is $1,300 and can be financed for 5 years with monthly
installments a little over $24. Connection is not mandatory but if they wanted to connect later,
applicable charges would be due.
Joe Falzone
advised he wasrepresenting Natalie Melick, 814 Robin Lane, who was
in favor of the project because it would not be any less costly in the future.
Mr. White
presented another letter from Patricia Inglis, 827 Robin Lane, who was
in favor of the project.
Melvina DeGaetano
, 857 Robin Lane, spoke in favor of the project.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously adopted
Resolution No. 2005-208 confirming the special
assessments in connection with water main expansion to
Point-of-Woods Subdivision (Robin Lane) in Indian River
County, Florida; and providing for special assessment liens
to be made of record.
December 6, 2005 23
9.B.1. PUBLIC DISCUSSION ITEM –BRIAN HEADY REGARDING
ELECTED REPRESENTATIVE’S RESPONSIBILITIES
Brian Heady
, Vero Beach, was not present when called but the Chairman called on
Mr. Heady
him to speak later in the meeting just prior to hearing Item 11.J. believed that one of
the responsibilities of Commissioners is to get the right information out to the public. He wanted
the Board to adopt a resolution saying that they will not move the urban service area boundary and
that they will not extend the same boundary for the School District.
Commissioner Wheeler specified that his initiative is to let the citizens decide about
extending the urban service area boundary for development. He could not support Mr. Heady’s
restriction regarding the School District because the kids would be the losers.
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM – SUE SKIRVIN REGARDING
TH
PLANNING AND ZONING ISSUE (RESIDENCE AT 5232 94
PLACE, SEBASTIAN)
th
Sue Skirvin
asked for a variance for their property at 5232 94 Place, Sebastian,
and presented a history of the costs incurred and consultants they hired to rebuild their house that
was severely damaged by the 2004 hurricanes. She and her husband looked to the Board to assist
them with difficulties they were encountering with obtaining a variance for their front porch. Mrs.
Skirvin then advised that her husband would narrate while she presented slides showing their
home (under construction) and neighbors’ homes.
Rick Skirvin
advised he would demonstrate how minimally their front porch
exceeds the prescribed footage and that it is similar to neighboring homes. He described each
photo of their house, its relationship to the road, and the distance the porch would be from the road.
December 6, 2005 24
He requested a variance to build the house as designed and emphasized the costliness of rebuilding
their home.
In response to Vice Chairman Neuberger’s question about the set back, he was
advised the Skirvins were looking for a 4’10” variance.
County Attorney Collins specified that this Board does not have the authority to
grant a variance.
County Administrator Baird explained that the Skirvins had been working on this
house without permits and he believed they need to follow the process as set out in our regulations.
The Administration had placed this item on the Board’s agenda because they have indicated their
desire to hear all citizens.
Community Development Director Bob Keating (using visual aids) explained the
problems concerning the entrance and the garage of the Skirvin’s house and advised that Building
Official Buddy Akins and Environmental Planning & Code Enforcement Chief Roland DeBlois
were both involved in this matter. County employees are obliged to treat everyone equally and
require adherence to current regulations. He explained the encroachment of the house as it has
been designed.
Mr. DeBlois (using visual aids) explained the relationship of the house to the
property and the road; pointed out that the road in this area is actually an easement, and advised
what the County would permit on the property. The County does allow a property owner (with
damage due to a hurricane) to rebuild within the footprint of the damaged house but cannot
approve the new design because it is neither within the footprint nor in compliance with our
current regulations.
Commissioner Davis stressed that the Board does not have the right to allow the
Skirvins to build their house as it has been designed.
Discussion ensued and the Skirvins were directed to Planning Director Stan Boling
for an application for a variance as well as guidance. Mr. DeBlois explained that staff had advised
the Skirvins that staff could not waive a $800.00 fee for a variance application; only the Board had
the authority to waive the fee if the Board felt compelled to do so.
December 6, 2005 25
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS SCHEDULED FOR PUBLIC
HEARING ON DECEMBER 13, 2005
9.C.1.AOBCC
N RDINANCE OF THE OARD OF OUNTY OMMISSIONERS OF
IRC,F,IR
NDIAN IVER OUNTY LORIDA AMENDING NDIAN IVER
CON.2005-015“TX,IF”,
OUNTY RDINANCE O ITLE MPACT EES
PROVIDING FOR REMOVING THE NECESSITY OF IMPAIRMENT TO
;
EXISTING CONTRACTS BEFORE IMPACT FEES CAN BE WAIVED
S30,2005,
PROVIDING FOR SETTING EPTEMBER AS THE DATE TO
;
SUBMIT CONTRACTS FOR CONSIDERATION PROVIDING FOR
;;
CODIFICATION PROVIDING FOR SEVERABILITY AND PROVIDING
.(L)
FOR AN EFFECTIVE DATE EGISLATIVE
9.C.2.AC’DRI
MENDMENT TO THE OUNTYS ISASTER ECOVERY NITIATIVE
CDBG(CDBG),
OMMUNITY EVELOPMENT LOCK RANT TO
-.(L)
REALLOCATE PROJECT FUNDS EGISLATIVE
9.C.3.RUMC’
OSELAND NITED ETHODIST HURCHS REQUEST FOR SPECIAL
EXCEPTION USE APPROVAL FOR A DAYCARE TO BE LOCATED AT
12962RR.(Q-J)
OSELAND OAD UASIUDICIAL
December 6, 2005 26
9.C.4.BFL.P’+/-
RACKETT AMILY TD ARTNERSHIPS REQUEST TO REZONE
3012S,2100
TH
ACRES LOCATED SOUTH OF TREET APPROXIMATELY
90AA-1,A-1D
TH
FEET EAST OF VENUE FROM GRICULTURAL ISTRICT
(1/5)RM-6,M-FR
UP TO UNIT ACRES TO ULTIPLEAMILY ESIDENTIAL
D(6/).BFL.
ISTRICT UP TO UNITSACRE RACKETT AMILY TD
P,O.(Q-J)
ARTNERSHIP WNER UASIUDICIAL
Executive Aide Kimberly Massung read the above notices into the record.
10.A. COUNTY ADMINISTRATOR’S MATTERS – CITY OF
FELLSMERE – REQUEST FOR DONATION OF LAND FOR
DRAINAGE PURPOSES – LOTS 11 AND 12, TOWN OF
FELLSMERE (NORTH HICKORY STREET)
County Administrator Baird explained the request and advised that staff’s
recommendation is to grant the City of Fellsmere a drainage easement over the subject parcels to
give the City the ability to use the two lots for drainage.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to grant the City of
Fellsmere a drainage easement over the subject parcels.
(Option 2)
City Manager Jason R. Nunemaker
said the City would prefer donation of the lots
but if there was a problem with a donation, he suggested a reverter clause if they should use the
property for other than public purpose or use. He stated that these are un-buildable 25’ lots with
private lots on each side.
December 6, 2005 27
There was a brief discussion on Mr. Nunemaker’s request.
County Attorney Collins advised the drainage easement was the least complicated
solution or they could deed the property to the City with a reverter if the property were to be used
for other than drainage.
Mr. Nunemaker
stated the only thing he could foresee would possibly be a small
park or green space and they would be very comfortable with a reverter clause.
County Administrator Baird stated that Mr. Nunemaker had said it was for drainage
and thus his recommendation.
Mr. Nunemaker
responded that was their primary intention.
Commissioner Davis spoke in favor of a deed with a reverter clause.
At the request of Commissioner Bowden, County Attorney Collins explained the
difference between the two actions under consideration.
Commissioner Wheeler asked if open space were added to the easement if that
Mr. Nunemaker
would suit the City, and said that would be fine.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner Davis, to add open space to
the easement.
In response to Commissioner Bowden, Mr. Nunemaker stated the reasons why he
had not initially indicated the possible open space usage.
The Chairman CALLED THE QUESTION and the amended
motion carried unanimously. (The Board approved granting an
easement to the City of Fellsmere for the subject lots for use as
drainage or open space.)
CITY OF FELLSMERE RESOLUTION NO. 05-HH IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
December 6, 2005 28
10.B. COUNTY ADMINISTRATOR’S MATTERS – ACCEPTANCE
OF AMERICAN SHORE & BEACH PRESERVATION
ASSOCIATION (ASBPA) 2005 TOP RESTORED BEACH
AWARD – OUT-OF-COUNTY TRAVEL
County Administrator Baird asked the Board who they would like to see represent
the County for this award. It was determined that Commissioner Bowden will be attending the
NACo meeting at that time and in the same location.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously appointed
Commissioner Bowden as their representative to receive
the award along with a member of County staff.
11.I.1. PUBLIC WORKS – SUMMARY OF THE STORMWATER
DIVISION’S PHASE I REGIONAL SOLUTION TO
FEDERALLY MANDATED STORMWATER POLLUTION
REDUCTION REQUIREMENTS (CAPITAL PROJECTS),
INCLUDING AN INTRODUCTION OF A NEW REGIONAL
STORMWATER POLLUTION CONTROL FACILITY –
SOUTH CANAL ALGAL TURF SCRUBBER SYSTEM –
LOCATION: WEST OF OLD DIXIE HIGHWAY ABUTTING
THE SOUTH RELIEF CANAL AND THE LATERAL J CANAL
- MOUNTAIN TRAIL BIKE ASSOCIATION
December 6, 2005 29
Stormwater Engineer Keith McCully reviewed his memorandum of November 30,
2005 using a PowerPoint presentation. He described the purposes; introduced the new stormwater
treatment system known as the South Relief Canal Algal Turf Scrubber System (ATS); described
its suitability and the conditions; and the requirements of the Federal National Pollutant Discharge
Elimination System. He reviewed the alternatives and analysis of the system including the cost
and funding and the five-year capital programs followed by a summary of the benefits and staff’s
recommendations.
Chairman Lowther advised that he had been trying to line up that location for quite
some time for mountain bike people, and thought we had, but just realized it was the same location
for this new system.
County Administrator Baird explained this new system has to be located on the
canals close to the river in order to be most efficient. This site was not considered initially but was
determined to be the best site. This is an example of why the County is very reluctant to give away
land that might be needed in the future. We will be putting another project near the new County
Administration Complex also.
Chairman Lowther recalled there might be some methane issues on this site, and
Assistant County Administrator Mike Zito believed the two uses might be able to peacefully
coexist unless the Commission wants to go in another direction.
Commissioner Wheeler and Vice Chairman Neuberger thought the two could
coexist and Mr. McCully thought the facility could probably be designed to coexist with the
mountain bikers because this system does not require a lot of ponds.
Commissioner Wheeler inquired about tying in with the drainage district and
whether fencing would be required; County Administrator Baird related that a meeting had been
held with the drainage district and some fencing would be required.
Mr. McCully advised that the district would require a 6’chain link fence to border
the drainage canal and thought fencing should be placed around our facility to protect it from
vandals.
December 6, 2005 30
Further discussion on fencing ensued concerning estimates of the size of the area,
how much space would be necessary for both the system and bikers to coexist; and impact on
nearby residential areas.
Mr. McCully stated there would be no odor from the algal system and briefly
described the process used for composting the residue.
Chairman Lowther saw the need and would like to see the County work with the
mountain bikers. He thought the site could be designed to accommodate both uses.
Commissioner Davis commented that he sympathized with the mountain bike
people because of the appearance to them that every time we got close to resolving the site for
them, it seemed to slip away.
Mr. McCully commented on the length of time this project has been worked on.
County Administrator Baird assured the Commissioners staff would work with the
mountain bike people to develop something where the two could cohabitate.
Chairman Lowther noted that ATVs (all terrain vehicles) have been the big concern
of the drainage districts.
Commissioner Davis thought that a park around this facility would be an asset.
Commissioner Wheeler was given assurance that the mountain bikers are pedal
power not motor driven.
Assistant County Administrator Zito noted that the drainage district is supportive
and noted that the drainage district’s issue was the fence and that the law takes some of the emotion
out of this because the Statutes are clear that public land must first be used for public projects.
Chairman Lowther invited anyone from the mountain bike group an opportunity to
speak, but no one accepted the offer.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously concurred
with the proposed implementation of programs and
supported design and construction of the South Canal Algal
December 6, 2005 31
Turf Scrubber System on the County-owned property
shown in Attachment 1 of the backup, noting that existing
uses (solid waste transfer station and two communication
tower sites) will remain unaffected in order to meet the
County’s federally-mandated pollutant reduction goals for
the Indian River Lagoon, as recommended in the
memorandum of November 30, 2005. In addition, STAFF
WAS DIRECTED to try to work with the Mountain Trail
Bike Association to see if the trails could be worked in
around this project.
11.I.2. PUBLIC WORKS – BLUEWATER BAY DEVELOPER’S
AGREEMENT – 510 DEVELOPMENT GROUP LLC -
CONTRIBUTIONS TO ROADWAY IMPROVEMENTS ALONG
TH
CR 510 AND NEARBY INTERSECTIONS (CR 510 AND 66
STTH
AVENUE; CR 510 AND US#1, 41 STREET AND 66
THTH
AVENUE, AND 65 STREET AND 58 AVENUE)
Public Works Director Jim Davis reviewed the memorandum and advised that staff
could not recommend approval to purchase the 3.04 acres for $908,700 as offered by the
developer. He had been negotiating with the developer but has not been able to reach an
agreement on a price because neither party can agree on the basis of the cost per acre.
Director Davis and Community Development Director Bob Keating responded to
questions as to the prior discussions by the Commission regarding this property and at what point
the property is in the development process (preliminary PD approval after the Developer’s
Agreement is approved).
December 6, 2005 32
Director Davis advised the status of the roads in that area and warned that paying
over $300,000 per acre for cleared pastureland would set a precedent for future land purchases.
The School Board had recently spent $95,000 per acre therefore $100,000 per acre for this
property could be justified. He asked whether the Board wanted to pay pre-development prices for
the land or platted lot prices. This property has not yet been platted.
County Administrator Baird stressed the importance of this decision regarding
setting a precedent for purchasing property in the future.
MOTION WAS MADE by Vice Chairman Neuberger,
SECONDED by Commissioner Bowden, to approve staff’s
recommendation. (Deny the Developer’s Agreement)
th
Mark Brackett,
1915 34 Avenue, thought he had his preliminary PD (planned
development) approval.
Community Development Director Bob Keating advised that both preliminary and
conceptual PD approval had been given. Mr. Brackett now needs a land development permit and
before he can get that, he needs to satisfy conditions that would be covered in the Developer’s
Agreement.
Mr. Brackett
advised that the issues with Sebastian River Drainage District have
been resolved. He recounted the discussion when the Board gave their prior approval concerning
this property and the County’s possible purchase of the lots; the development of those lots was
contingent on the Developer’s Agreement. His original design was not changed. He had agreed to
not sell the lots because the County might need to buy them in the future for widening CR 510. He
had submitted an offer to the County to purchase the lots approximately a year ago and claimed
that in 8 months the County made no counter offer until about 8 weeks ago.
County Administrator Baird took issue with Mr. Brackett’s last statement saying
Mr. Brackett
that he had been in negotiation meetings with Mr. Brackett but held to his statement.
December 6, 2005 33
Mr. Brackett
requested getting 3 appraisals on the lots based on undeveloped land
with approved lots. He stated those lots are under contract at market price. He was willing to go a
different route and let 3 appraisers determine the fair market value. He suggested he pick one, the
County pick one, and the two appraisers pick the third one.
Commissioner Wheeler cited LDR 952 (8)(B) regarding County purchase of land
for future rights-of-way, that the County shall purchase based on undeveloped condition of the
land. He thought the School Board’s purchase of property for nearly $100,000 per acre outside the
urban service area was way over the mark. He preferred to see the appraisal based on undeveloped
land criteria.
Director Davis gave reasons why the appraisal needs to be predicated on
undeveloped land without an approved PD already imposed on it because a PD requires a public
benefit test.
Mr. Brackett
would not agree to have the appraisals based on undeveloped land
value without the PD because he believed the PD was approved by the P & Z Commission and the
Board of County Commissioners and the County did not require him to redesign the complex to
leave those 3 acres (13 lots) vacant. He claimed the old minutes were clear saying that the County
was purchasing “lots”.
Discussion ensued on the semantics of the basis for the appraisals with Mr. Brackett
insisting the appraisal of the property be based on highest and best use.
Vice Chairman Neuberger challenged that basis and recalled the trust placed on the
developer to work out the Developer’s Agreement, whereupon Mr. Brackett claimed his offer to
sell was proffered a week later, and, once again, County Administrator Baird took issue with that
statement.
It was noted there was a motion on the floor.
The MOTION WAS AMENDED by Chairman Neuberger,
and SECONDED by Commissioner Bowden, that the
County would choose an appraiser, Mr. Brackett would
December 6, 2005 34
choose an appraiser, and the two appraisers would choose a
third appraiser to appraise the property in question as RS-3
before any development approval was done.
Under discussion, the Board agreed that the Developer’s Agreement would come
back to the Board after the appraisals have been received.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board denied the Developer’s
Agreement \[Alternative No. 2\] with 510 Development
Group, L.L.C., as recommended in the memorandum of
November 29, 2005. In addition, it was agreed that the
County and the Developer would each select an appraiser
who would select a third appraiser and each of the three
appraisers would bring back their appraisal of the subject
property considering it as undeveloped land with RS-3
zoning.) (CLERK’S NOTE: It was decided, after a brief
recess, that the cost of the three appraisals shall be split
50-50 between the Developer and the County. \[see below\])
The Chairman called a brief recess at 10:46 a.m. The meeting resumed at 10:55 a.m.
with all members present. Upon their return to the table, it was learned the Commissioners had not
determined who would pay for the appraisals on the last item.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously agreed
to split the costs for the three appraisals 50-50.
December 6, 2005 35
11.I.3. PUBLIC WORKS – HERON CAY SPECIFIC PURPOSE
DRAINAGE SURVEY – BURDETTE & ASSOCIATES, INC. -
WORK ORDER NO. 2
Public Works Director Jim Davis reviewed the memorandum of November 22, 2005
and advised of discussions with the property owners. He advised of a correction to the lot numbers
shown on Exhibit “A”. (Lot 23 same as Lot 178). In conclusion he advised that staff
recommended approval of the work order.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Work Order No. 2 with Burdette and Associates, Inc.
authorizing the project as outlined in the scope of services
and authorized the Chairman to execute the same, as
recommended in the memorandum of November 22, 2005.
Gwendolyn Ripp
, president of the Heron Cay Homeowner’s Association,
expressed appreciation to the Commissioners for this project. She asked for copies of the letters
that will be going to the affected homeowners and the timeline so a representative can accompany
the surveyor.
Environmental Planning & Code Enforcement Chief Roland DeBlois advised he
would be sending out the letters. Some preliminary survey work would be done before going to
the property. He will be coordinating the work and will keep Ms. Ripp informed.
Ms. Ripp
hoped the County had the approval of the park owner to enter the
property; County Attorney Collins advised that the attorney for the park owner had been notified
as to the scope of work and that he had received no objection.
AGREEMENT IS ON FILE
December 6, 2005 36
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.4. PUBLIC WORKS – SURVEYING AND MAPPING SERVICES
–EASTERN INDIAN RIVER COUNTY TOWNSHIP AND
SECTIONAL HORIZONTAL CONTROL SURVEYING AND
MAPPING SERVICES PROJECT – NICK MILLER, INC. –
WORK ORDER NO. 2 (PHASE 3)
Public Works Director Jim Davis reviewed the memorandum of November 22,
2005, and recommended approval of the work order.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to approve staff’s
recommendation.
Michael
In response to Vice Chairman Neuberger’s request, County Surveyor
O’Brien
explained the goals and importance of the project. The intention is to have a GIS map of
the county that would be available also to the public.
Director Davis mentioned that Mr. O’Brien is the state treasurer of the Florida
Survey, and Mapping Society and working on the presidency.
Bob Johnson,
Coral Wind Subdivision, wondered whatever happened to NW and
NE in reference to addresses because there are locations that are SE and SW. Also, iedf it would
be consider feasible for the County to reengineer the streets and avenues to be more logical. He
offered some suggestions how it could be simplified.
The responses suggested it would be a monumental task, that we have a grid system,
and Director Davis pointed out that our coast line is on a diagonal and that the north-south line is
December 6, 2005 37
somewhere in Vero Shores Subdivision. The diagonal skews a lot of addresses. There was a brief
discussion about how the roads were set up.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board approved Work Order
No. 2 (Phase 3) under the umbrella of Master Contract No.
0504 in the amount of $229,390.00 authorizing the
above-mentioned project phase as outlined in the proposed
scope of services and authorized the Chairman to execute
the proposed Master Contract and Work Order No. 2 on
behalf of the Board, as recommended in the memorandum
of November 22, 2005.)
WORK ORDER NO. 2 IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.5. PUBLIC WORKS – PROPOSED RAILROAD CROSSING AT
RDST
53 STREET – CLOSING OF 71 STREET CROSSING –
FLORIDA EAST COAST RAILROAD (FECRR) –
STIPULATION OF PARTIES AGREEMENT – REVISED
LICENSE AGREEMENTS – PROJECT NO. 0107
Public Works Director Jim Davis, responding to Commissioner Wheeler’s question,
rd
explained that the 53 Street crossing was established because Hawks’ Nest Golf Course and the
thrd
Bent Pine community did not want the crossing at 57 Street, so 53 Street was the logical
east-west corridor for Indian River Boulevard to terminate and to create a corridor that could
connect to I 95 in the future with appropriate space to accommodate all of it.
December 6, 2005 38
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the agreement with the FEC Railroad and authorized the
Chairman to sign the Stipulation of Parties agreeing to all of
the terms and conditions, as recommended in the
memorandum of November 18, 2005.
PARTIALLY EXECUTED STIPULATION IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.6. PUBLIC WORKS – TURTLE CREEK PLANNED
TH
DEVELOPMENT – 27 AVENUE SW WIDENING
IMPROVEMENTS – DEVELOPER’S AGREEMENT –
LOCKWOOD LANE DEVELOPMENT GROUP, LLC
Public Works Director Jim Davis reviewed the memorandum of October 4, 2005,
and recommended approval.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Developer’s Agreement with Lockwood Lane
Development Group, LLC and authorized the Chairman to
sign same, as recommended in the memorandum of
October 4, 2005.
DEVELOPER’S AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
December 6, 2005 39
(AT THIS POINT, APPROXIMATELY 11:09 A.M.,
CHAIRMAN LOWTHER SAW MR. HEADY IN THE
AUDIENCE AND OFFERED HIM THE OPPORTUNITY
TO SPEAK ON HIS ITEM 9.B.1. CAN THESE
MINUTES CANE BE FOUND ABOVE IN AGENDA
ORDER.)
11.J.1. UTILITIES SERVICES – UTILITIES DEPARTMENT
OPERATIONS CENTER APPROVAL – SUMMIT
CONSTRUCTION MANAGEMENT, INC. – CHANGE ORDER
NO. 3
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved Change Order No. 3 with Summit Construction
Management, Inc., increasing the contract in the amount of
$602,082 with an increase of 37 construction days, and
authorized the Chairman to execute same as presented, as
recommended in the memorandum of November 8, 2005.
CHANGE ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY – RETENTION OF AWERBACH &
COHN P.A. – COUNTRYSIDE NORTH MANUFACTURED
December 6, 2005 40
HOME COMMUNITY – OUTSTANDING SEWER IMPACT
FEE OBLIGATION
County Attorney Collins reviewed his memorandum of November 4, 2005, and his
recommendation to retain the law firm Awerbach & Cohn for the purpose of filing suit against the
owners of Countryside Mobile Home Park.
A brief discussion ensued.
Assistant County Administrator Mike Zito stated the County’s legal position.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Neuberger, the Board unanimously
authorized retention of the law firm of Awerbach & Cohn,
without delay, for the purpose of filing suit against the
owners of Countryside Mobile Home Park in an attempt to
recover the balances believed due and owning, as
recommended in the memorandum of November 4, 2005.
COPY OF LETTER OF AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
December 6, 2005 41
13.A CHAIRMAN THOMAS S. LOWTHER – REQUEST FROM
ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA) TO
ESTABLISH A PROCESS TO ACCELERATE BUILDING
PERMITS OR PLANNING AND ZONING MATTERS FOR
COMPANIES AND/OR INDIVIDUALS DOING WORK
WITHIN THE ENTERPRISE ZONE
Chairman Lowther advised he had attended the first meeting of the EZDA recently
and the members asked him to bring their unanimous recommendation to the Board to devise a
policy to expedite all applications for work to be done within the Enterprise Zone.
In response to Commissioner Wheeler’s inquiry, he was advised nothing pending,
whereupon he stressed that he preferred to see the County work on ways to expedite permitting for
all applicants by improving the process.
County Administrator Baird stated that the County has hired 11 new employees for
the Building Department and permitting is moving along more quickly.
th
Freddie Woolfork,
4590 57 Avenue, believed the request was part of the
excitement of getting the Enterprise Zone going and including the Board on the team.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowden, the Board by a vote of 3-2 (Vice
Chairman Neuberger and Chairman Lowther opposed) did
not approve establishing a process that would accelerate
processing for building permits or planning and zoning
matters for those companies or individuals doing work
within the Enterprise Zone.
December 6, 2005 42
13.A.2. PLACEMENT OF HOUSE IN FLORIDA RIDGE SUBDIVISION
(MOVED FROM PREVIOUS LOCATION FOR
REHABILITATION – ORDINANCE 2005-047 BONDING
REQUIREMENTS DELETED
Chairman Lowther advised of a meeting last night at Vero Highlands at which time
he received a letter of opposition concerning the moving of a house to their neighborhood. He read
a letter into the record and advised of a petition signed by 69 individuals. (Both are filed with the
backup in the office of the Clerk to the Board.) He showed numerous photos of the house (also on
file) about which the neighbors were complaining. Chairman Lowther called this a serious
situation and he thought the Board made a mistake by allowing a house to be saved and moved to
Florida Ridge to use it for affordable housing. There is also a “construction trailer” on the property
and that is another issue.
Vice Chairman Neuberger thought the Board needed to give him a chance to work
on it since the house was just moved.
County Attorney Collins stated that he will have one year to bring it up to code and
recalled that the Board had just waived the bonding requirement for the move.
Chairman Lowther thought that if the Board had not waived the bond, the house
might not have been moved.
st
Elizabeth Grimes,
2174 1 Avenue SW, felt that this needed to be brought to the
Board’s attention so it doesn’t happen again in another neighborhood. She specified that this
house does not look like the one in the photo (from the Property Appraiser’s file) before it was
moved.
Community Development Director Bob Keating stated that the construction trailer
is not allowed and Code Enforcement will take care of that. If the house is not rehabilitated in an
expeditious time frame, the County will take action to have it removed and demolished; the
County would incur the cost of demolition and removal of the debris; and the County would put a
December 6, 2005 43
lien on the property to recover those expenses. He stated there is a building permit which was the
first step.
Mrs. Grimes
added that the owner wanted to put the house on 10’ stilts and she
asked the Board to consider how it would look in a neighborhood with no others like that. She
stated the owner is going to rent the house and asked how much they thought he would put in its
reconstruction. She wondered if there was enough money in the house to pay his expenses for
moving and rehabilitation.
Commissioner Davis advised of homes that have been moved that look nice and also
mentioned the liability of impact fees.
There was further discussion and the Board was advised that the owner will have
one year from date it was moved to have it completely rehabilitated to code and if not Code
Enforcement action could be initiated.
Director Keating noted that the owner needed to make progress within 6-8 weeks or
the County will initiate the code enforcement process unless our attorney says differently.
Chairman Lowther stated his appreciation to Mrs. Grimes for bringing this
information to him last night.
December 6, 2005 44
13.C. COMMISSIONER SANDRA L. BOWDEN – REQUEST FOR
INDEPENDENT OUTSIDE COUNSEL REVIEW OF THE
LEWIS BARTON CASE
Commissioner Bowden requested that independent outside counsel be hired to
review the violations and other issues regarding the oceanside home of Lewis Barton. She wanted
a second opinion with options and believed that an attorney who specializes in this type of work
should be brought in to thoroughly analyze this problem because it has gone on too long and has
devalued the neighborhood.
Commissioner Wheeler had seen the subject property; had spoken with County
Attorney Collins who had told him that he felt comfortable in handling this matter; and
Commissioner Wheeler doubted that hiring an outside attorney would help solve the problem.
At the request of Commissioners, County Attorney Collins gave background
information that dated back about 8 years and an update on Mr. Barton’s house matters including
information that Mr. Barton’s property is currently in a foreclosure action by the lender. He
explained that if the lender is successful, the County’s code enforcement lien would be the first to
be paid off. The successful bidder at the foreclosure sale would have to follow through with the
demolition and repair of the property. County Attorney Collins was not certain what could be
gained by retaining an attorney.
Commissioner Bowden listed various concerns with the current condition of the
property and she wanted more than one opinion.
Commissioner Davis posed a question to staff as to what the County Commission
could do to help resolve the problem and where would be the best allocation of taxpayer dollars.
Community Development Director Bob Keating explained in detail the several
issues now pending including the status of the demolition permit, the semi trailer, and the
construction trailer.
December 6, 2005 45
Discussion ensued to clarify the time periods for the three issues.
Lewis Barton,
2025 Surfside Terrace, complained about the attempted service of a
citation at this meeting. He stated that there are always two sides to an argument and he would
present his after his neighbors’ comments.
Adam Bolinger,
2006 Surfside Terrace, was concerned about how the County
would oversee the process of future rebuilding or demolition. He anticipated similar issues on the
new home and thought it made sense to bring in an outside attorney to take a fresh look at it.
Clark French
, 2026 Surfside representative, expressed strong concerns about the
property and his opinion that the property owner would not move forward with improving those
concerns until he gets his insurance settlement. He believed the County must compel the property
owner to demolish the building.
County Attorney Collins counseled that if the County was to demolish the building
at our expense, the cost (lien) would be in line behind the mortgages.
Director Keating pointed out that we were precluded from demolition during turtle
season.
Discussion continued with Mr. Bolinger and Mr. Barton again speaking.
Commissioner Wheeler thought nothing would be accomplished by continuing the
discussion.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to conclude
discussion with Lewis Barton, to direct staff to aggressively
bring this matter to a decisive conclusion, to authorize
County Attorney Collins to proceed with an injunction, if
necessary, regarding the removal of the construction trailer
and semi-trailer on the property.
A brief discussion on the motion ensued.
December 6, 2005 46
The Chairman CALLED THE QUESTION and the motion
carried unanimously.
The Chairman called a brief recess at 12:26 p.m. The meeting was reconvened at
12:34 p.m.
14.A. EMERGENCY SERVICES DISTRICT
1.APPROVALOFMINUTES:MEETINGOFOCTOBER18,2005
2.FY2004-2005RECORDSDISPOSITIONCOMPLIANCE
STATEMENTANDRECORDSMANAGEMENTLIAISON
OFFICERFORM
3.DESIGNSERVICESCONTRACT(PARTIAGREEMENT
WITHBARTHCONSTRUCTIONFORTHECONSTRUCTION
TH
OFEMERGENCYSERVICESSTATION12(5STREETSW–
RD
WESTOF43AVENUE)
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are
being prepared separately and is appended to this document.
14.B. SOLID WASTE DISPOSAL DISTRICT
1.APPROVALOFMINUTES:
a.MEETINGOFOCTOBER4,2005
b.MEETINGOFOCTOBER11,2005
December 6, 2005 47
c.MEETINGOFNOVEMBER1,2005
2.FY2004-2005RECORDSDISPOSITIONCOMPLIANCE
STATEMENTANDRECORDSMANAGEMENTLIAISON
OFFICERFORM
3.PHASEIIIPERMITTINGFORDEVELOPMENTOFSWDD’S
NORTHERNEXPANSIONAREA–CAMPDRESSER&
MCKEE,INC.WORKAUTHORIZATIONNO.4
The Chairman announced that immediately upon adjournment 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 is appended to this
document.
14.C. ENVIRONMENTAL CONTROL BOARD
1.APPROVALOFMINUTES:MEETINGOFOCTOBER11,2005
2.REQUESTFORAUTHORIZATIONTOSUEDAVIDHOWARD,
AKAJOHNDAVIDHOWARD,ENVIORNMENTALCONTROL
HEARINGBOARDCASENO.276-98
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 and is appended to
this document.
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
December 6, 2005 48
December 6, 2005 49
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 12:33 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
BCC/PR/2005 Minutes
December 6, 2005 50