HomeMy WebLinkAbout12/9/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 9, 2003
1. CALL TO ORDER.....................................................................................................................................1
2. INVOCATION............................................................................................................................................1
3. PLEDGE OF ALLEGIANCE.....................................................................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS................................................1
5. PROCLAMATIONS AND PRESENTATIONS.........................................................................................2
5.A. U.S. FISH & WILDLIFE -PRESENTATION OF CERTIFICATES OF APPRECIATION FOR PLANNING CENTENNIAL
AND RELATED ACTIVITIES - PAUL TRITAIK............................................................................................ 2
5.13. PROCLAMATION DESIGNATING DECEMBER 2003 AS JOEY BERGSMA RETINOBLASTOMA AWARENESS
MONTH................................................................................................................................................ 3
7. CONSENT AGENDA................................................................................................................................. 3
7.A. INVESTMENT REPORT - INVESTMENT ADVISORY COMMITTEE - THIRD QUARTER, 2003 ........................... 3
7.B. METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY COMMITTEE (MPO CAC) -
RESIGNATION OF MARC BAUER.............................................................................................................. 3
7.C. MEDCO HEALTH SOLUTIONS CLASS ACTION SETTLEMENT - BLUE CROSS/BLUE SHIELD PRESCRIPTION
COVERAGE........................................................................................................................................... 4
7.D. RESOLUTION 2003-159 - RELEASE OF EASEMENT AT 10611 CHARLESTON DRIVE (WINDSOR PD PHASE I) -
DAVID AND GEORGIA WELLES............................................................................................................................. 4
7.E. RESOLUTION 2003-160 - AUTHORIZING APPROVAL OF LOCALLY FUNDED AGREEMENT (LFA) WITH
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR RIGHT-OF-WAY ACQUISITION FOR THE
16TH/ 17TH STREET ROAD WIDENING PROJECT (FROM 500 FEET WEST OF 14TH AVENUE TO US# 1) .............. 4
DECEMBER 9, 2003
7.F. FALCON REALTY & DEVELOPMENT CORP. - FINAL PLAT APPROVAL FOR CARRIAGE LAKES AT VERO
PLANNED DEVELOPMENT (QUASI-JUDICIAL)........................................................................................... 5
7.G. BID 46027 - HARMONY OAKS MITIGATION PROJECT - REJECT ALL BIDS - REVISE AND RE -BID ............... 5
7.H. BID 46032 - SURGE PROTECTION DEVICES FOR SOUTH COUNTY RO WATER TREATMENT PLANT -
PARAGON ELECTRIC OF VERO, INC........................................................................................................ 6
7.I. GIFFORD BRANCH LIBRARY - MEMORANDUM OF UNDERSTANDING (MOU) WITH GIFFORD YOUTH
ACTIVITY CENTER, INC......................................................................................................................... 6
7.J. COUNTY EMPLOYEES' RETIREE HEALTH INSURANCE WRITTEN POLICY ................................................... 7
8. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) - PRESENTATION
REGARDING THE BROWNFIELD ASSISTANCE PROGRAM FOR ASSESSMENT AND
REMEDIATION AT THE SOUTH GIFFORD ROAD LANDFILL SITE (SWDD - GEOSYNTEC).... 7
9.A.1. PUBLIC HEARING - RESOLUTION 2003-161 - TAX EQUITY FISCAL RESPONSIBILITY
ACT (TEFRA) HEARING - ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY -
SINGLE-FAMILY MORTGAGE REVENUE BONDS................................................................... 8
9.A.2. PUBLIC HEARING - ORDINANCE 2003-040 - REPEAL OF SECTION 103.03 OF THE
INDIAN RIVER COUNTY CODE - BUILDING CODE BOARD OF ADJUSTMENT AND
APPEALS AND AMENDING CODE SECTIONS 400.07 AND 400.08 TO CHANGE THE NAME
OF THE BUILDING CODE BOARD OF ADJUSTMENT AND APPEALS TO THE
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS.................................................9
9.B.1. PUBLIC DISCUSSION ITEM - CHARLES W. COX - AFFORDABLE HOUSING .................10
9.C. PUBLIC NOTICE ITEMS...................................................................................................................10
9.C.1. THE INDIAN RIVER COUNTY ATTORNEY DESIRES AN ATTORNEY-CLIENT SESSION WITH THE BOARD OF
COUNTY COMMISSIONERS REGARDING ADVICE WITH RESPECT TO SETTLEMENT NEGOTIATIONS OR
STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES IN THE SUIT OF NICHOLSON, TRUSTEE V.
INDIAN RIVER COUNTY, I9TH JUDICIAL CIRCUIT, CASE No. 99 -0739 -CA -05 AT 3:30 P.M. ON TUESDAY,
DECEMBER 16, 2003 IN THE COUNTY COMMISSION CHAMBERS OF THE COUNTY ADMINISTRATION
BUILDING, 1840 25TH STREET, VERO BEACH, FLORIDA. THE ESTIMATED TIME OF THE ATTORNEY-
CLIENT SESSION IS I HOUR. PRESENT AT THE MEETING WILL BE COMMISSIONERS KENNETH R. MACHT,
CAROLINE D. GINN, FRAN B. ADAMS, THOMAS S. LOWTHER, AND ARTHUR R. NEUBERGER. ALSO PRESENT WILL BE
DECEMBER 9, 2003 2
COUNTY ATTORNEY WILLIAM G. COLLINS II, ASSISTANT COUNTY ATTORNEY .MARIAN FELL, ASSISTANT COUNTY
ADMINISTRATOR JOSEPH A. BAIRD, COUNTY OUTSIDE COUNSEL ............. CHESTER CLEM AND A CERTIFIED COURT
REPORTER 10
11.A.1. LAND DEVELOPMENT REGULATIONS (LDRS) -AMENDMENT TO CREATE ANEW
COMMERCIAL USE CATEGORY TO ALLOW FRUIT, VEGETABLE, AND NURSERY
RETAIL SALES IN AGRICULTURAL AREAS - SCHEDULE DATES FOR 2 PUBLIC
HEARINGS......................................................................................................................................11
11.A.2. RESOLUTION 2003-162 - CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE
STRUCTURES (1) EDGECOMB - 4006 21ST AVENUE; (2) COLLIER - 4725 34TH AVENUE; (3)
COLLINS - 6710 34TH TERRACE; (4) WILLIAMS - 4235 29TH AVENUE; (5) TENCIMORE, ET
AL - 4155 28TH AVENUE................................................................................................................12
11.C.1. SHERIFF - JAIL RENOVATION/EXPANSION - AUTHORIZATION TO SEEK DESIGN
SERVICES.......................................................................................................................................13
11.I.1. ROADWAY AND INTERSECTION IMPROVEMENTS (1) SR-60/58TH AVENUE
INTERSECTION EXPANSION; (2) OSLO ROAD, 58TH AVENUE TO US#1, WIDEN TO 5
LANES; (3) 43RD AVENUE, SR -60 TO 8TH STREET, WIDEN TO 5 LANES; (4) 66TH
AVENUE/CR-510 INTERSECTION EXPANSION; AND (5) 66TH AVENUE, SR -60 TO 4TH
STREET, PAVE 2 LANES - AUTHORIZATION TO PREPARE AND ADVERTISE REQUEST -
FOR -QUALIFICATION NOTICES FOR PROFESSIONAL ENGINEERING SERVICES .......13
11.J.1. WEST SIDE VILLAS PETITION FOR WATER SERVICES (24TH STREET, 81ST TERRACE,
80TH COURT AND 81ST COURT) LOCATED EAST OF 82ND AVENUE.....................................14
11.12. 58TH AVENUE ELEVATED WATER TANK LICENSE AGREEMENT WITH BELLSOUTH
MOBILITY DBA CINGULAR WIRELESS FOR WIRELESS COMMUNICATIONS
EQUIPMENT AND SPACE............................................................................................................14
13.B. VICE CHAIRMAN CAROLINE D. GINN - ADMINISTRATIVE MATTER - PAID LEAVE FOR
COUNTY ADMINISTRATOR JAMES E. CHANDLER...................................................................15
DECEMBER 9, 2003
13.C. COMMISSIONER FRAN B. ADAMS - LETTER TO THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION - CONCERNING RENAMING OF ST. SEBASTIAN RIVER
BUFFERPRESERVE..........................................................................................................................15
14.A. EMERGENCY SERVICES DISTRICT..............................................................................................16
14.B. SOLID WASTE DISPOSAL DISTRICT.............................................................................................16
14.C. ENVIRONMENTAL CONTROL BOARD.........................................................................................16
DECEMBER 9, 2003 4
December 9, 2003
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1840 251'' Street, Vero Beach, Florida, on Tuesday,
December 9, 2003, at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Caroline D. Ginn, Vice
Chairman; and Commissioners Fran B. Adams, Thomas S. Lowther, and Arthur R. Neuberger.
Also present were Joseph Baird, Acting County Administrator; William G. Collins II, County
Attorney; and Patricia "PJ" Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Dr. Charles C. Lever, First United Methodist Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Lowther led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
Chairman Macht requested the following changes to today's Agenda:
DECEMBER 9, 2003 1
Add Item 5.B., Proclamation Designating December, 2003 as Joey Bergsma
Retinoblastoma Awareness Month.
2. Add Item 13.C., Letter to Florida Department of Environmental Protection
Requesting Inclusion in Planning Regarding Renaming of Sebastian Inlet State Park.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously made the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. U.S FISH & WILDLIFE — PRESENTATION OF CERTIFICATES OF
APPRECIATION FOR PLANNING CENTENNIAL AND RELATED ACTIVITIES —
PAUL TRITAIK
Paul Tritaik of U.S. Fish & Wildlife presented a centennial print to the Board to hang in the
Chambers in grateful appreciation for their support during the Pelican Island Centennial
Celebration.
Chairman Macht stated that the Board would hang the print where the public could also
enjoy it.
Mr. Tritaik then presented a "goody" bag to Commissioner Neuberger and a certificate of
appreciation to Commissioners Neuberger and Adams for their roles as emcees at some of the
activities at the wildlife festival during the centennial celebrations. He also recognized the assistance
of staff in helping to get the facilities open and ready for the public. He specifically named Chief of
Environmental Planning Roland DeBlois, Community Development Director Bob Keating, County
Engineer Chris Kafer, Conservation Lands Manager Beth Powell, Building and Grounds
Superintendent Lynn Williams, Parks Division Superintendent Jim Romanek, and Public Works
Director Jim Davis.
Mr. Tritaik also thanked Sheriff Roy Raymond and his staff who made all the security
arrangements for the President to attend the celebration even though at the last minute he was
unable to come. This was a major undertaking and an outstanding success.
DECEMBER 9, 2003 2
Chairman Macht thanked Mr. Tritaik for his recognition of staff who don't always get the
recognition they deserve.
5.B. PROCLAMATIONDESIGNATING DECEMBER 2003 AS JOEYBERGSMA
RETINOBLASTOMA A WARENESS MONTH
Commissioner Ginn read the proclamation and presented it to Pamela Bergsma.
Pamela Bergsma thanked the Board on behalf of her grandson, Joey, and stated that she
wanted to hand out information that would have saved Joey's life had they been aware of it at the
time. She pointed out that everyone should be alert to photographs that have white reflections in the
eyes, especially in dimly lit rooms when the retina is exposed. The retina should reflect a red light
in the photograph. All eye care health professionals should be using opthalmoscopes to do an infant
eye screening for this deadly disease. A dilated eye exam during the first half year of life for all
infants could save vision and lives for many of these infants. She asked everyone to please let the
Legislature know that you want them to support a bill for infant eye screening.
7. CONSENT AGENDA
7.A. INVESTMENT REPORT — INVESTMENT ADVISORY COMMITTEE —
THIRD OUARTER, 2003
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously accepted the Investment Report for the Third
Quarter of 2003, as recommended.
7.B. METROPOLITAN PLANNING ORGANIZATION CITIZENS ADVISORY
COMMITTEE (MPO CAC) — RESIGNATION OF MARC BAUER
The resignation of Mr. Bauer was noted for the record.
DECEMBER 9, 2003
7. C MEDCO HEAL TH SOL UTIONS CLASS A CTION SETTLEMENT — BL UE
CROSS/BL UE SHIELD PRESCRIPTION COVERAGE
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously authorized the County Attorney to file the
"Medco Settlement Identification Form" to make a claim on settlement
proceeds, as requested.
7.D. RESOLUTION 2003-159 - RELEASE OF EASEMENT AT 10611
CHARLESTON DRIVE (WINDSOR PD PHASE h — DAVID AND GEORGIA
WELLES
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously adopted Resolution 2003-159 releasing the
County's easement interest in a portion of Charleston Drive, a private
right-of-way, adjacent to Lot 6, Block 6, Windsor PD Phase I (David and
Georgia Welles — 10611 Charleston Drive).
7.E. RESOL UTION 2003-160 — A UTHORIZING APPROVAL OF LOCALL Y
FUNDED AGREEMENT (LFA) WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR RIGHT-OF-WAYACQUISITIONFOR THE
16TH/171H STREET ROAD WIDENING PROJECT (FROM 500 FEET WEST OF
14TH AVENUE TO USM
DECEMBER 9, 2003 4
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved the county/FDOT Locally Funded
Agreement; authorized the Chairman to execute the agreement; directed
the Community Development Director to transmit the LFA to FDOT; and
adopted Resolution 2003-160 approving a locally funded agreement with
the Florida Department of Transportation to fund a portion of the local
match for right of way acquisition associated with the 16'''/171'' Street
widening project (from 500 feet west of 141h Avenue to US41).
COPY OF AGREEMENT IS ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
7.F. FAL CON REAL TY & DEVELOPMENT CORP. — FINAL PLAT APPROVAL
FOR CARRIAGE LAKES AT VERO PLANNED DEVELOPMENT
(OUASI-.JUDICIAL)
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously granted final plat approval for Carriage Lakes
at Vero and authorized the Chairman to execute the submitted Contract for
Construction of Remaining Required Improvements, as recommended by
staff.
COPY OF CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7. G. BID #602 7 — HARMONY OAKS MITIGATION PROJECT — REJECT ALL
BIDS — REVISE AND RE -BID
DECEMBER 9, 2003 5
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously rejected both bids and authorized staff to
revise the specifications and re -bid this item, as recommended by staff.
7.H. BID #6032 — SURGE PROTECTIONDEVICES FOR SOUTH COUNTYRO
WATER TREATMENT PLANT — PARAGON ELECTRIC OF VERO, INC
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously awarded Bid 46032 to Paragon Electric of
Vero, Inc. in the amount of $12,650; approved the sample agreement and
authorized the Chairman to execute said agreement when required
performance and payment bonds have been submitted along with
appropriate certification of insurance and the County Attorney has
approved the agreement as to form and legal sufficiency, as recommended
by staff.
U. GIFFORD BRANCHLIBRARY— MEMORANDUM OF UNDERSTANDING
(MO U) WITH GIFFORD YOUTHACTIVITY CENTER, INC
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved the Memorandum of
Understanding with Gifford Youth Activity Center, Inc., as recommended
by staff.
MEMORANDUM OF UNDERSTANDING IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
DECEMBER 9, 2003 6
7.J. COUNTYEHPLOYEES'RETIREEHEAL THINSURANCE WRITTEN
POLICY
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved the Retiree Health Insurance
Policy, as recommended by staff.
8. FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) - PRESENTATION REGARDING THE
BROWNFIELD ASSISTANCE PROGRAM FOR ASSESSMENT
AND REMEDIATION AT THE SOUTH GIFFORD ROAD
LANDFILL SITE (SWDD - GEOSYNTEC)
Utilities Director Erik Olson introduced Joe McGarrity with the Florida Department of
Environmental Protection and reminded the Board that a grant request had been submitted last year
through the Federal or State Brownfields program regarding additional funding for cleanup of the
groundwater contamination at the Gifford Landfill area. Unfortunately, at that time, there were no
funds available. The State of Florida has now taken over that program and has stated that, if the
County is still interested, the Department is now in a position to sponsor us.
Joe McGarrity of the Florida Department of Environmental Protection stated that the
Department has now been awarded funding for 8 projects in Florida by the Federal Department in
association with Brownfield sites. He met with County staff yesterday and explained that his staff
will be here throughout the project and the hope is that when the EPA gets the results, they will free
up additional funds.
Commissioner Adams welcomed the partnership, and Commissioner Ginn thanked staff for
their hard work.
NO ACTION REQUIRED OR TAKEN.
DECEMBER 9, 2003 7
9.A.1. PUBLIC HEARING - RESOLUTION 2003-161- TAX EOUITY
FISCAL RESPONSIBILITY ACT (TEFRA) HEARING -
ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY -
SINGLE-FAMILY MORTGAGE REVENUE BONDS
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Acting County Administrator Joe Baird gave a brief explanation of the program and noted
that it helps a lot of people just starting out.
The Chairman opened the public hearing and asked if anyone wished to be heard regarding
this matter.
Brian Heady wondered how many people are "just starting out" in the $60,000 annual
income bracket. He believed that anytime governing officials do anything to help anybody,
taxpayers pick up the majority of the costs.
The Chairman asked if anyone else wished to be heard with regard to this matter. There
being none, the Chairman closed the public hearing.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Lowther, the Board unanimously adopted Resolution 2003-161
authorizing the Escambia County Housing Finance Authority to operate
within the boundaries of Indian River County, Florida, to finance qualifying
single family mortgage loans on behalf of Indian River County, Florida;
authorizing the Board of County Commissioners to enter into agreements
with the Escambia County Housing Finance Authority and to execute and
deliver certain documents and instruments in connection therewith;
approving a form of Interlocal Agreement; approving the issuance by the
Escambia County Housing Finance Authority of not exceeding
DECEMBER 9, 2003 8
$150,000,000 single family mortgage revenue bonds, Series 2004A
(Multi -County Program), pursuant to Section 147(f) of the Internal
Revenue Code of 1986, as amended; providing that such bonds constitute
limited, special obligations; and providing an effective date.
INTERLOCAL AGREEMENT AND NOTICE OF INTENT TO ISSUE BONDS
ARE ON FILE WITH THE OFFICE OF THE CLERK TO THE BOARD
9.A.2. PUBLIC HEARING - ORDINANCE 2003-040 - REPEAL OF
SECTION 103.03 OF THE INDIAN RIVER COUNTY CODE -
BUILDING CODE BOARD OF ADJUSTMENT AND APPEALS
AND AMENDING CODE SECTIONS 400.07 AND 400.08 TO
CHANGE THE NAME OF THE BUILDING CODE BOARD OF
ADJUSTMENT AND APPEALS TO THE CONSTRUCTION
BOARD OF ADJUSTMENT AND APPEALS
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Will Collins explained that this is an ordinance to change references to
make it more consistent with the Florida Building Code.
The Chairman opened the public hearing and asked if anyone wished to be heard with regard
to this matter.
Brian Heady believed that it costs the taxpayers every time the government gets involved.
The Chairman asked if anyone else wished to be heard regarding this matter. There being
none, the Chairman closed the public hearing.
DECEMBER 9, 2003 9
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously adopted Ordinance 2003-040 repealing
Indian River County Code Section 103.03.3 "Building Code Board of
Adjustment and Appeals"; and amending Code Sections 400.07 and 400.08
to change the name of the Building Code Board of Adjustment and Appeals
to the Construction Board of Adjustment and Appeals.
9.B.1. PUBLIC DISCUSSION ITEM - CHARLES W. COX -
AFFORDABLE HOUSING
Charles W. Cox, 2215 471h Terrace, believed that Vero Beach is a one -of -a -kind place
which will double its size in the next 10 years. There is a very serious need for affordable housing
here. He advised the Board to personally inspect some examples of affordable housing projects and
to take advantage of the federal and state programs for community enhancement. He believed that
people want homes where they can raise their families, pay taxes and vote. He believed in giving a
"hand up and not a hand out". He suggested forming a task force with the municipalities and did
not believe the County needed the high-priced consultants.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS
9. C.1. THE INDIANRIVER COUNTYATTORNEYDESIRES AN
ATTORNEY-CLIENT SESSION WITH THE BOARD OF COUNTY
COMMISSIONERS REGARDING ADVICE WITH RESPECT TO SETTLEMENT
NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION
EXPENDITURES IN THE SUIT OF NICHOLSON. TRUSTEE V. INDIANRIVER
COUNTY, 19TH JUDICIAL CIRCUIT, CASE NO. 99 -0739 -CA -05 AT 3:30 P.M.
ON TUESDAY. DECEMBER 16. 2003 IN THE COUNTY COMMISSION
DECEMBER 9, 2003 10
CHAMBERS OF THE COUNTYADMINISTR4TIONBUILDING.1840 25TH
STREET. VERO BEACH. FLORIDA. THE ESTIMATED TIME OF THE
ATTORNEY-CLIENT SESSION IS 1 HOUR. PRESENT AT THE MEETING WILL
BE COMMISSIONERS KENNETH R. MACHT. CAROLINE D. GINN, FRAN B.
ADAMS. THOMAS S. LOWTHER, AND ARTHUR R. NEUBERGER. ALSO
PRESENT WILL BE COUNTYATTORNEY WILLIAM G. COLLINS II, ASSISTANT
COUNTYATTORNEYMARIANFELL, ASSISTANT COUNTYADMINISTRATOR
JosEPHA. BAIRD, COUNTY OUTSIDE COUNSEL CHESTER CLEMAND A
CERTIFIED COURT REPORTER
Executive Aide Kimberly Massung read the notice into the record.
11.A.1. LAND DEVELOPMENT REGULATIONS (LDRS) -
AMENDMENT TO CREATE A NEW COMMERCIAL USE
CATEGORY TO ALLOW FRUIT, VEGETABLE, AND
NURSERY RETAIL SALES IN AGRICULTURAL AREAS -
SCHEDULE DATES FOR 2 PUBLIC HEARINGS
Chairman Macht noted that he had attended a Rural Lands Seminar where Community
Development Director Bob Keating gave a presentation which was superb.
Commissioner Lowther suggested that Director Keating give that presentation before the
Board and the public sometime in the near future, and Director Keating thanked the Board and
stated that he would schedule the presentation for a meeting sometime after the first of the year.
Chairman Macht asked that the presentation take place as early as possible in the year to
coincide with next year's comprehensive program for development of the community.
ON MOTION by Commissioner Neuberger, SECONDED by
Commissioner Lowther, the Board unanimously approved the meeting
DECEMBER 9, 2003 11
dates of Tuesday, January 6, 2004 at 9:05 a.m. and Tuesday, January 20,
2004 at 9:05 a.m., as recommended by staff.
11.A.2. RESOLUTION 2003-162 - CONDEMNATION, DEMOLITION
AND REMOVAL OF UNSAFE STRUCTURES (1) EDGECOMB
- 4006 21ST AVENUE; (2) COLLIER - 4725 34TH AVENUE, (3)
COLLINS - 6710 34TH TERRACE, (4) WILLIAMS - 4235 29TH
AVENUE; (5) TENCIMORE, ET AL - 4155 28TH AVENUE
Chairman Macht noted that one property owner would like to speak to the Board.
Ernestine Webb Williams stated that her parents, who are both deceased, owned the
property at 4235 291h Avenue. She understands that the property is in very bad disrepair but she is
requesting additional time to make arrangements for the property. She is the primary caregiver for
her brother who is terminally ill in the hospital and has been unable to devote the time needed to the
property.
Commissioner Ginn suggested an extension of 90 days.
Commissioner Neuberger then asked about the property in Winter Beach at 6710 341h
Terrace belonging to O. B. Collins. He believed there might be some historical significance to it.
Building Official Wayne Russ responded that he had no response from the owner and was
not aware of any historical significance to the property. Legal notification was made by registered
mail.
Commissioner Neuberger believed that he would like to get County Historian Ruth
Stanbridge involved and asked for a 90 -day extension on this property also.
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Adams, the Board unanimously approved a 90 -day extension for Ernestine
Webb Williams for the property at 4235 291h Avenue.
DECEMBER 9, 2003 12
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved a 90 -day extension for O. B.
Collins for the property at 6710 341h Terrace.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously adopted Resolution 2003-162 providing for
the demolition of unsafe structures and the recovery of costs (for the
Amended Condemnation List).
11.C.1. SHERIFF - JAIL RENOVATION/EXPANSION -
AUTHORIZATION TO SEEK DESIGN SERVICES
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved the Hillsborough/Falkenburg
model and authorized staff to prepare a Request for Qualifications for
design services associated with designing the desired facilities and the
modifications to the existing core facilities as recommended by Carter
Goble Associates, as recommended by staff.
11.I.1. ROADWAY AND INTERSECTION IMPROVEMENTS (1)
SR-60/58TH AVENUE INTERSECTION EXPANSION; (2) OSLO
ROAD, 58TH AVENUE TO US#1, WIDEN TO 5 LANES, (3) 43"
AVENUE, SR -60 TO 8TH STREET, WIDEN TO 5 LANES; (4)
66TH AVENUE/CR-510 INTERSECTION EXPANSION; AND (5)
66TH AVENUE, SR -60 TO 4TH STREET, PAVE 2 LANES -
AUTHORIZATION TO PREPARE AND ADVERTISE
DECEMBER 9, 2003 13
REOUEST-FOR-OUALIFICATION NOTICES FOR
PROFESSIONAL ENGINEERING SERVICES
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved preparation and advertising
of 4 Requests for Qualification for engineering and related services for the
projects, as recommended by staff.
11.11. WEST SIDE VILLAS PETITION FOR WATER SERVICES
(24TH STREET, 81ST TERRACE, 80TH COURT AND 81ST
COURT) LOCATED EAST OF 82ND AVENUE
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Lowther, the Board unanimously approved the project, authorized staff to
proceed with the engineering design and permitting work and award a
contract for survey services based on the most favorable quote, in
preparation for the special assessment project, as recommended by staff.
11.J.2. 58TH AVENUE ELEVATED WATER TANK LICENSE
AGREEMENT WITH BELLSOUTH MOBILITY DBA
CINGULAR WIRELESS FOR WIRELESS
COMMUNICATIONS EOUIPMENT AND SPACE
Commissioner Ginn emphatically felt the rate was too low and the agreement should be
renegotiated.
Discussion ensued, and staff agreed that other agreements would be coming up for renewal
in the future and that this agreement would be setting a standard for future agreements.
DECEMBER 9, 2003 14
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously directed staff to renegotiate the
agreement and bring the renegotiated agreement back at a later date.
13.B. VICE CHAIRMAN CAROLINE D. GINN - ADMINISTRATIVE
MATTER - PAID LEAVE FOR COUNTY ADMINISTRATOR
JAMES E. CHANDLER
Commissioner Ginn asked for a paid leave of absence "as needed" for County Administrator
James E. Chandler during his current illness, and the Board unanimously agreed.
Chairman Macht noted that Administrator Chandler continues to work during his illness and
has spent and continues to spend endless weekend days working here at the administration building.
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Lowther, the Board unanimously approved paid leave of absence as needed
for County Administrator James E. Chandler.
13.C. COMMISSIONER FRAN B. ADAMS - LETTER TO THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION -
CONCERNING RENAMING OF ST. SEBASTIAN RIVER
BUFFER PRESERVE
Commissioner Adams proposed writing a letter to the DEP, State Lands Division, insisting
that the County be kept informed of any arrangements regarding the renaming of the St. Sebastian
River Buffer Preserve as we have a vested interest in the park and would like to be a part of any
discussions regarding the park.
Chairman Macht noted that our "vested" interest is a cash interest and noted that we
originally gave them the park.
DECEMBER 9, 2003 15
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Lowther, the Board unanimously approved a letter to the Department of
Environmental Protection regarding St. Sebastian River Buffer Preserve.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment, the Board would reconvene
as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being
prepared separately.
14.C. ENVIRONMENTAL CONTROL BOARD
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
DECEMBER 9, 2003 16
There being no further business, on Motion duly made, seconded and carried, the Board
adjourned at 10:06 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
BCC/MIS/3003Minutes
DECEMBER 9, 2003 17