HomeMy WebLinkAbout2/11/2003INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF FEBRUARY 11, 2003
1. CALL TO ORDER............................................................................................................1
2. INVOCATION..................................................................................................................1
3. PLEDGE OF ALLEGIANCE...........................................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS .....................2
5. PROCLAMATIONS AND PRESENTATIONS..............................................................2
5.A. AMARA SHRINE HOSPITAL CRUSADE DAYS...................................................................2
5.13. NEW CUSTOMER SERVICE HOURS FOR UTILITIES DEPARTMENT.....................................3
6. APPROVAL OF MINUTES.............................................................................................3
7. CONSENT AGENDA........................................................................................................4
7.A. REPORTS......................................................................................................................4
7.13. LIST OF WARRANTS......................................................................................................4
7.C. COUNCIL OF PUBLIC OFFICIALS (COPD) APPOINTMENT OF JANICE BRODA BY
INDIAN RIVER COUNTY MOSQUITO CONTROL DISTRICT............................................................4
7.D. COUNCIL OF PUBLIC OFFICIALS (COPO) APPOINTMENT OF HILDA STRINGER BY
INDIAN RIVER COUNTY HOSPITAL DISTRICT.............................................................................4
7.E. VILLAGE WALK SOUTH, PHASE I -CASH BOND FOR 1 -YEAR MAINTENANCE
WARRANTY FOR UTILITY FACILITIES........................................................................................5
7.17. DSTS, INC. - REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE WAIVER FOR
REGENCYPARK.......................................................................................................................5
FEBRUARY 11, 2003 1
7.G. JUNGLE TRAIL NATIONAL REGISTER OF HISTORIC PLACES NOMINATION TO STATE
HISTORIC PRESERVATION OFFICE (SHPO) - REQUEST FOR AUTHORIZATION TO SUBMIT
APPLICATION...........................................................................................................................5
TH. RESOLUTION URGING THE LEGISLATURE TO CONTINUE FUNDING THE DEP
BEACH EROSION CONTROL PROJECT.........................................................................................6
7.I. MENSING CASE No. 2002-0445-CA-09........................................................................6
9.A.1. PUBLIC HEARING - RESOLUTION 2003-016 CONFIRMING THE
SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN
EXPANSION TO FLORIDA RIDGE SUBDIVISION, LOCATED WEST OF DIXIE
HIGHWAY AND NORTH OF 25TH STREET IN SOUTHEAST INDIAN RIVER
COUNTY, FLORIDA - PROJECT UCP-2164........................................................................6
9.A.2. PUBLIC HEARING - RESOLUTION 2003-017 CONFIRMING THE
SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN
EXPANSION TO WEST SIDE SUBDIVISION LOCATED ON THE SOUTHEAST
CORNER OF 5TH STREET SW AND 43RD AVENUE IN INDIAN RIVER COUNTY,
FLORIDA - PROJECT UCP-2177..........................................................................................8
9.B.1. PUBLIC DISCUSSION ITEM - BIBBLE IRVIN -DISCUSSION
REGARDING INACCURATE NEWSPAPER REPORT REGARDING SAND
PUMPING...............................................................................................................................11
9.13.2. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY - DISCUSSION OF
EXPENDITURE OF TAX DOLLARS...................................................................................12
9.C. PUBLIC NOTICE ITEMS..........................................................................................13
1. SCHEDULED FOR PUBLIC HEARING ON FEBRUARY 18, 2003 ..........................13
A. KASHI REQUEST TO REZONE 78.22 ACRES TO PLANNED DEVELOPMENT; SITE
LOCATED BETWEEN ROSELAND ROAD AND THE ST. SEBASTIAN RIVER, WEST OF THE
ROSELAND GARDENS SUBDIVISION (LEGISLATIVE).................................................................13
FEBRUARY 11, 2003 2
2. SCHEDULED FOR PUBLIC HEARING MARCH 4, 2003 ..........................................13
A. ELSON SMITH REQUEST TO REZONE 8.2 ACRES FROM CL TO CH; SUBJECT SITE
LOCATED AT THE NORTHWEST CORNER OF 85TH STREET AND 55TH AVENUE
(QUASI-JUDICIAL)..................................................................................................................13
B. SIMON PROPERTY GROUP REQUEST TO REZONE 40 ACRES FROM A-1, RS -6, RM -6
TO RM -8; SUBJECT SITE IS LOCATED BETWEEN INDIAN RIVER MALL AND 26TH STREET
(QUASI-JUDICIAL)..................................................................................................................13
C. PROPOSED AMENDMENT TO LDR SECTION 930.07, REQUIRING THAT ALL
MECHANICAL EQUIPMENT IN SPECIAL FLOOD HAZARD AREAS BE ELEVATED 0.5 FEET OR
MORE ABOVE BASE FLOOD ELEVATION (LEGISLATIVE)..........................................................14
3. SCHEDULED FOR PUBLIC HEARING MARCH 11, 2003 ........................................14
A. ARCHER OF VERO BEACH REQUEST TO REZONE 38 ACRES FROM A-1 TO RS -3;
SUBJECT SITE LOCATED 1,100 FEET WEST OF 43RDAVENUE ON THE NORTH SIDE OF 13TH
STREET SW (QUASI-JUDICIAL)...............................................................................................14
11.C.1. EXTENSION OF CITRUS BEST MANAGEMENT PRACTICE COST
SHARE CONTRACT #SE660AA THROUGH A PROPOSED CHANGE ORDER
TO THE CONTRACT - ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
(SNOOK TAG FUNDS)..........................................................................................................14
II.C.2. 26 COST SHARE CONTRACTS WITH PARTICIPATING GROVE
OWNERS ASSOCIATED WITH THE INSTALLATION OF CITRUS BEST
MANAGEMENT PRACTICES AS PER AGREEMENT WITH THE FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES - DELETE
ESTES CITRUS AND REALLOCATE FUNDS TO GRAVES BROTHERS .....................15
11.G.1. EAST INDIAN RIVER COUNTY MASTER STORMWATER
MANAGEMENT PLAN - APPROVAL OF WORK ORDER #2 TO
PROFESSIONAL SERVICES AGREEMENT WITH CARTER ASSOCIATES,
INC. FOR THE INSTALLATION OF TILTING WEIR GATES.......................................16
FEBRUARY 11, 2003 3
1LH.1. POST, BUCKLEY, SCHUH AND JERNIGAN (PBS&J) - WORK
AUTHORIZATION FOR TASK A, ASSISTANCE IN WATER METER READING
ROUTE RESEQUENCING AND BILLING CYCLE ROUTE
RECLASSIFICATION AND TASK B, CONVERSION OF GIS INFORMATION
TO STATE PLANE EAST (SPE) COORDINATE SYSTEM...............................................16
12. COUNTY ATTORNEY - DISCUSSION OF MENSING CASE NO.
2002 -0445 -CA -09 (ITEM 7.I.).................................................................................................17
13.A. CHAIRMAN KENNETH R. MACHT - RESOLUTION 2003-018
URGING CONTINUED $30 MILLION ANNUAL BEACH MANAGEMENT
FUNDING (FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH EROSION CONTROL PROJECT)........................................................................19
14.A. EMERGENCY SERVICES DISTRICT.................................................................19
14.B. SOLID WASTE DISPOSAL DISTRICT................................................................20
14.C. ENVIRONMENTAL CONTROL BOARD............................................................20
FEBRUARY 11, 2003 4
February 11, 2003
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach,
Florida, on Tuesday, February 11, 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, Assistant County
Administrator; Paul G. Bangel, County Attorney; and Patricia "PJ" Jones, Deputy Clerk.
1. CALL TO ORDER
Chairman Macht called the meeting to order.
2. INVOCATION
Reverend Bernie Van Eyk, Indian River Presbyterian Church, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Adams led the Pledge of Allegiance to the Flag.
FEBRUARY 11, 2003 1
4. ADDITIONS/DELETIONS TO THE
AGENDA/EMERGENCY ITEMS
Chairman Macht requested the following changes to today's Agenda:
1. Add Item 5.A., Proclamation Designating February 14-23, 2003 as Amara
Shrine Hospital Crusade Days.
2. Add Item 5.B., Announcement Regarding New Customer Service Hours for
Utilities Department.
3. Add Item 7.H., Resolution Urging the Legislature to Continue Funding the
DEP Beach Erosion Control Project.
4. Move Item 7.H. to Item 13.A., Chairman Kenneth R. Macht's Items.
5. Add Item 7.I, Mensing Case No. 2002 -0445 -CA -09.
6. Add discussion of Item 7.I. under Item 12, County Attorney's Matters.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously made the above changes to the
Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. AMARA SHRINE HOSPITAL CRUSADE DAYS
Commissioner Lowther read the Proclamation into the record and presented it to
John Hooten, President of the Vero Beach Chapter and Chair of the Hospital Crusade.
FEBRUARY 11, 2003 2
John Hooten thanked the Board on behalf of the Shriners' 22 hospitals and asked
the public for their help and support when they see the Shriners in their funny hats and
yellow vests. He continued that the budget for their hospitals for 2003 is $605 million.
He also pointed out that less than 5% of donations go to administration, which includes
fund raising. Over 95% of the funds go to treatment, research or the hospitals. Not one of
their hospitals has a billing department and 675 million children have been treated with
never a penny received from an insurance company or a government agency. All funds are
collected from dues and fund raisers and used to help these children who cannot afford to
pay for treatment. He stated that if you know of a child who suffers from orthopaedic
problems, needs burn treatment or could benefit from spinal cord injury research, please
refer them to the Shriners. The only requirement is that the Shriners be able to cure or help
such a child and that they are unable to pay for treatment. Call 800-237-5055 to contact
your local Shriners organization. They also pay for transportation costs including costs to
transport children with special needs, as well as transportation costs for a parent to
accompany the child. He concluded with "no man stands so tall as when he stoops to help
a child".
5. B. NEW CUSTOMER SERVICE HOURS FOR UTILITIES DEPARTMENT.
Commissioner Ginn announced that, effective February 17, 2003, Utilities
Department customers will be able to take advantage of the Department's new office hours
from 8:00 a.m. to 5:30 p.m., Monday through Friday. This extra hour per day should assist
customers who work.
6. APPROVAL OF MINUTES
None.
FEBRUARY 11, 2003
7. CONSENT AGENDA
7.A. REPORTS
The following report has been received and is on file in the office of the Clerk to the Board:
1. Indian River County Hospital District FY 2001-02 Annual Audit Report
7.B. LIST OF WARRANTS
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved the list of Warrants as issued
by the Clerk to the Board for January 18-30, 2003, as recommended by
staff.
7.C. COUNCIL OF PUBLIC OFFICIALS (COPO) APPOINTMENT OF .JANICE
BRODA BYINDIANRIVER COUNTYMOSQUITO CONTROL DISTRICT
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously acknowledged the appointment of
Janice Broda to the Council of Public Officials.
7.D. COUNCIL OF PUBLIC OFFICIALS (COPO) APPOINTMENT OFHILDA
STRINGER BYINDIANRIVER COUNTYHOSPITAL DISTRICT
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously acknowledged the appointment of
Hilda Stringer to the Council of Public Officials.
FEBRUARY 11, 2003 4
7.E. VILLAGE WALK SOUTH, PHASE — CASHBOND FOR 1 -YEAR
MAINTENANCE WARRANTY FOR UTILITY FACILITIES
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved the Cash Deposit and
Escrow Agreement and authorized the Chairman to execute same, as
recommended by staff.
DOCUMENTATION IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
7.F. DSTS. INC — REQUEST FOR FLOODPLAIN CUT AND FILL BALANCE
WAIVER FOR REGENCYPARK
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously approved the cut and fill balance
waiver request, as recommended by staff.
7.G. .JUNGLE TRAIL NATIONAL REGISTER OF HISTORIC PLACES
NOMINATION TO STATE HISTORIC PRESERVATION OFFICE (SHPO) —
REQUEST FOR AUTHORIZATION TO SUBMITAPPLICATION
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously authorized staff to submit the
nomination application for Jungle Trail to the National Register of
Historic Places to the State Historic Preservation Office, as recommended
by staff.
DOCUMENTATION IS ON FILE IN THE
FEBRUARY 11, 2003 5
OFFICE OF THE CLERK TO THE BOARD
7.H. RESOLUTION URGING THE LEGISLATURE TO CONTINUE FUNDING THE
DEP BEACH EROSION CONTROL PROJECT
Moved to Item 13.A.
U. MENSING CASE NO.2002-0445-CA-09
(CLERK'S NOTE: SEE ITEM 12, COUNTY ATTORNEY'S MATTERS, FOR
DISCUSSION.)
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Neuberger, the Board unanimously agreed to reject Mr. Mensing's
proposal to settle the code enforcement lien foreclosure and injunction
case according to the terms proposed by Mr. Mensing; to communicate to
Mr. Mensing that any settlement must include resolving code enforcement
issues and exclude any payment by the County to him or on his behalf, and
not to abate the lawsuit; all as recommended by staff.
9.A.1. PUBLIC HEARING - RESOLUTION 2003-016
CONFIRMING THE SPECIAL ASSESSMENTS IN
CONNECTION WITH WATER MAIN EXPANSION TO
FLORIDA RIDGE SUBDIVISION, LOCATED WEST
OF DIXIE HIGHWAY AND NORTH OF 25TH STREET
IN SOUTHEAST INDIAN RIVER COUNTY, FLORIDA
- PROJECT UCP -2164
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
FEBRUARY 11, 2003 6
Manager of Assessment Projects Dan Chastain stated that this project has been
under discussion for a number of years because of the substandard quality of the water and
the Health Department has designated it as a priority project. He hoped that competitive
bidding would bring the actual costs down but noted that the per square foot cost is higher
than usual because of the size of the project. He also noted that the County has a 10 -year
payback plan with the first installment not due until one year after the final assessment.
Discussion ensued about possible ways to lower the costs of the project.
Commissioner Neuberger questioned whether an overall survey had been done as
to whether or not the residents want the project, and Mr. Chastain responded that petitions
are notoriously difficult to obtain.
Commissioner Macht questioned whether there was a health problem, and Mr.
Chastain responded that the Health Department has listed this project as a number one
priority.
Mr. Chastain continued that he had received a total of 9 inquiries by telephone; one
of which is a hardship case which will be dealt with separately. Most of the other owners
were supportive of the project. When staff conducted their informational meeting, 29 or 30
owners attended and were mostly supportive. Most of the questions received dealt with the
actual process, the timeframe and the fact that the only charge will be the assessment if the
owners do not hook up to the county water.
The Chairman opened the public hearing and asked if anyone wished to be heard
regarding this matter.
Catherine Thomas expressed her support for the project and her opinion that when
the Indian River Club was developed, the water in Florida Ridge Subdivision was
undermined. Her water was decent until about 1968. However, they have now put in 5
wells, 3 drainfields and a water softening unit. It would be nice to be able to do laundry and
water the garden at the same time.
FEBRUARY 11, 2003 7
Brian Heady asked the Board to carefully consider anything which might pose a
danger or be dangerously close to wells.
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 2003-016
confirming the special assessments in connection with water main
expansion to Florida Ridge Subdivision, located west of Dixie Highway
and north of 25th Street in Southeast Indian River County, Florida.
9.A.2. PUBLIC HEARING - RESOLUTION 2003-017
CONFIRMING THE SPECIAL ASSESSMENTS IN
CONNECTION WITH WATER MAIN EXPANSION TO
WEST SIDE SUBDIVISION LOCATED ON THE
SOUTHEAST CORNER OF 5TH STREET SW AND 43RD
AVENUE IN INDIAN RIVER COUNTY, FLORIDA -
PROJECT UCP -2177
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 noted that this project includes 16
homes on much larger lots than the Florida Ridge Subdivision project but there are some
similarities. There are lands on the opposite side of the street which are not assessable,
causing a greater share of the cost to be borne by property owners. There is also a racquet
club on the west which does not abut the 6 -inch water main and some corner lots which
FEBRUARY 11, 2003 8
will have a larger portion of frontage. Former Commissioner Dick Bird arranged a meeting
with Mr. Roberto Leon, owner of the racquet club, and discussions were held regarding
alternative methods of assessment which would be equitable. Staff feels that the racquet
club property could not be developed because of inadequate access. The neighboring
subdivisions are already on County water which reduces the assessable area in this
subdivision.
In response to questioning by Commissioner Ginn, Mr. Chastain advised that the
subdivision had originally contained private roads but those roads have now been
resurfaced and turned over to the County for maintenance.
Public Works Director Jim Davis confirmed that the subdivision's roads had been
resurfaced under a special assessment project and the County has assumed maintenance of
these roads.
Commissioner Ginn felt the roads could be used for access to the racquet club
property.
The Chairman opened the public hearing and asked if anyone wished to be heard
with regard to this matter.
Robert Schlamowitz, 4160 6th Lane SW, spoke in opposition to the project and felt
that those property owners who wanted the water should bear the burden of paying for the
assessment. He believed the racquet club, as a commercial venture, would use much more
water than the residential properties, and felt staff had used very creative mathematical
calculations to come up with their assessment. He was also concerned about being
coerced into connecting to County water once the assessment project is completed.
Commissioner Adams questioned whether fire hydrants would be included in the
project, and Mr. Chastain responded in the affirmative, adding that staff was approached
by a number of residents going back to the early 1990s about the lack of potable water in
FEBRUARY 11, 2003 9
the subdivision. Staff feels their responsibility is to respond to and assist the majority of
the residents in any area.
Ruth Livingston, 655 SW 40th Avenue, supported the comments of Dr.
Schlamowitz and stated that they have a water conditioning system which works fine.
Isabel Dayton, 4220 6th Lane SW, has lived in the subdivision for 25 years and was
in support of the project as they have had to install 6 wells since they have lived there
because of the quality of the water.
Claudia Echavarria, 42616 th Lane SW, spoke in support of the project and noted
her concern about pollution. She also noted that when their property was purchased, the
previous owner had stated that County water would be installed within the next few
months.
Bill Davis, 4281 6th Lane SW, spoke in support of the project, noting that he has
had 3 wells and the water is very bad and stinks of sulphur. He was also concerned about
pollution.
Richard Bird, 42815 th Place SW, spoke in support of the project and noted that he
and his wife were unable to sample the water before they bought their property about 2
years ago because the house had not been occupied for several months. They have a very
sophisticated water processing system and their water is still very poor. He stated that he
had circulated a petition over a year ago and another petition several months ago when the
assessment estimates came in higher than the original estimates. He also noted that the
racquet club uses less water than any of the houses as it only provides water for the
women's and men's bathrooms. Their pool and grounds are supplied by a well.
FEBRUARY 11, 2003 10
The Chairman asked if anyone else wished to be heard regarding this matter. There
being none, the Chairman closed the public hearing.
Commissioner Ginn again questioned whether the racquet club property could be
developed, and Community Development Director Bob Keating stated that the club would
have access from internal roads and should be able to be developed.
Chairman Macht asked staff to check the County Code for any reference to a
requirement that residents hook up to County water.
ON MOTION by Commissioner Lowther, SECONDED by
Commissioner Adams, the Board, by a 4-1 vote (Commissioner Ginn
opposed) adopted Resolution 2003-017 confirming the special
assessments in connection with water main expansion to West Side
Subdivision located on the southeast corner of 5th Street SW and 43rd
Avenue in Indian River County, Florida.
Chairman Macht called a brief recess at 10:10 a.m. and the meeting reconvened at
10:29 a.m. with the same persons present.
9.B.1. PUBLIC DISCUSSION ITEM - BIBBLE IRVIN -
DISCUSSION REGARDING INACCURATE
NEWSPAPER REPORT REGARDING SAND
PUMPING
Bibble Irvin referred to his presentation to the Board of February 4, 2003 and the
Press Journal article which followed. He displayed some photographs on the Elmo (NO
COPIES SUPPLIED TO THE CLERK) and discussed the quality of the sand being
pumped in Ft. Pierce and at Ambersand. He then commented that one gentleman who
FEBRUARY 11, 2003 11
lives at Summerplace had claimed he lost 73 feet of beach and noted that those houses were
built directly on the dune line and could not have been built any closer to the ocean. He
believed there would have to have been a great deal of accretion prior to the gentleman
losing that amount of beach.
Chairman Macht noted that he had checked the sand being pumped and the sand at
the interface of the surf and it was only a little darker. The consistency is the same in both
instances.
Mr. Irvin then commented that he had spoken with some engineers who had
advised him that the sand being pumped would last approximately 2 years with no storms.
Commissioner Ginn noted that the life expectancy of the sand could be 2 years in
some areas and 5 years in others.
Commissioner Adams emphasized that the state and federal governments had
refused to look at alternative methods of beach renourishment and, in the meanwhile, this
project is buying us some time and salvaging the turtle habitats and infrastructure of the
County.
In response to discussion of the PEP reef, Mr. Irvin felt it is a man-made marine
hazard, dangerous to swimmers and divers.
Commissioner Adams commented that there will always be a conflict between the
available methods of restoring the beach and the environmentalists who prefer to leave
nature to her own methods.
Commissioner Ginn noted that a meeting regarding beach restoration will be held
soon in Jacksonville on 8 to 10 projects. Information will be brought back to the Board.
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM - BRIAN T. HEADY
- DISCUSSION OF EXPENDITURE OF TAX
DOLLARS
FEBRUARY 11, 2003 12
Brian Heady commented on the possible plume of pollution in the area of the joint
fueling facility in the Gifford area and again questioned whether it would affect the
production wells of the City of Vero Beach. He felt it might be time to consider privatizing
that service and disagreed with spending tax dollars to build facilities which take business
away from the private sector. He was concerned about the possibility of future pollution
and cleanup costs from such a facility.
NO ACTION REQUIRED OR TAKEN.
9.C. PUBLIC NOTICE ITEMS
1. SCHEDULED FOR PUBLIC HEARING ON
FEBRUARY 18, 2003
A. KASHI REOUEST TO REZONE 78.22 ACRES TO PLANNED
DEVELOPMENT; SITE LOCATED BETWEENROSELAND ROAD AND THE
ST. SEBASTIANRIVER, WEST OF THE ROSELAND GARDENS SUBDIVISION
(LEGISLATIVE)
2. SCHEDULED FOR PUBLIC HEARING MARCH 4,
2003
A. ELSONSMITH REOUEST TO REZONE 8.2 ACRES FROM CL TO CH,-
SUBJECT
H;SUBJECT SITE LOCATED AT THE NORTHWEST CORNER OF 85TH STREET
AND 55THAVENUE (QUASI -.JUDICIAL)
B. SIMON PROPERTY GROUP REOUEST TO REZONE 40 ACRES FROM
A-1, RS 6. RM -6 To RM -8; SUBJECT SITE IS LOCATED BETWEEN
INDIAN RIVER MALL AND 26THSTREET (QUASI -.JUDICIAL)
FEBRUARY 11, 2003 13
C PROPOSED AMENDMENT TO LDR SECTION 930.07. REQUIRING
THAT ALL MECHANICAL EQUIPMENT INSPECIAL FLOOD HAZARD
AREAS BE ELEVATED O. S FEET OR MORE ABOVE BASE FLOOD
ELEVATION (LEGISLATIVE)
3. SCHEDULED FOR PUBLIC HEARING MARCH IL
2003
A. ARCHER OF VERO BEA CHREOUEST TO REZONE 38 ACRES FROM
A-1 TO RS -3: SUBJECT SITE LOCATED 1.100 FEET WEST OF 43RD
AVENUE ON THE NORTH SIDE OF 13TH STREET SW (QUASI -.JUDICIAL)
The Chairman read these items into the record.
II.C.1. EXTENSION OF CITRUS BEST MANAGEMENT
PRACTICE COST SHARE CONTRACT #SE660AA
THROUGH A PROPOSED CHANGE ORDER TO THE
CONTRACT - ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT (SNOOK TAG FUNDS)
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved the change order with St. Johns
River Water Management District extending the contract completion date
to February 28, 2003, as recommended by staff.
CHANGE ORDER IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
FEBRUARY 11, 2003 14
11.C.2. 26 COST SHARE CONTRACTS WITH
PARTICIPATING GROVE OWNERS ASSOCIATED
WITH THE INSTALLATION OF CITRUS BEST
MANAGEMENT PRACTICES AS PER AGREEMENT
WITH THE FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES -
DELETE ESTES CITRUS AND REALLOCATE FUNDS
TO GRAVES BROTHERS
(CLERK'S NOTE: SEE MINUTES OF APRIL 2, 2002 FOR ORIGINAL
AGREEMENT.)
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved the modification of
Applicant Score Summary with the deletion of Estes Citrus, Inc. and
application and reallocating the $13,589 to Graves Brothers, Inc. for the
installation of a low volume irrigation system as shown on the revised
Score Summary Sheet Dated 1/13/03, as recommended by staff.
FEBRUARY 11, 2003 15
11.G.1. EAST INDIAN RIVER COUNTY MASTER
STORMWATER MANAGEMENT PLAN - APPROVAL
OF WORK ORDER #2 TO PROFESSIONAL
SERVICES AGREEMENT WITH CARTER
ASSOCIATES, INC. FOR THE INSTALLATION OF
TILTING WEIR GATES
ON MOTION by Commissioner Ginn, SECONDED by Commissioner
Neuberger, the Board unanimously approved Work Order No. 2 with
Carter Associates, Inc. and authorized the Chairman to execute it on
behalf of the County, as recommended by staff.
WORK ORDER IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
II.H.1. POST, BUCKLEY, SCHUH AND JERNIGAN
(PBS&J) - WORK AUTHORIZATION FOR TASK Al
ASSISTANCE IN WATER METER READING ROUTE
RESEOUENCING AND BILLING CYCLE ROUTE
RECLASSIFICATION AND TASK B, CONVERSION
OF GIS INFORMATION TO STATE PLANE EAST
(SPE) COORDINATE SYSTEM
FEBRUARY 11, 2003 16
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously approved Work Authorization Task A —
Billing Cycle -Route Reclassification with PBS&J, Inc. in an amount not
to exceed $12,700; approved Work Authorization Task B — Conversion of
GIS Maps to State Plane Coordinate with PBS&J, Inc. in an amount not to
exceed the limit of $5,300; and authorized the Chairman to execute the
Work Authorization, as recommended by staff.
WORK AUTHORIZATION IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
12. COUNTY ATTORNEY - DISCUSSION OF MENSING
CASE NO. 2002 -0445 -CA -09 (ITEM 7.I.)
(CLERK'S NOTE: SEE ITEM 7.I. FOR BOARD ACTION.)
County Attorney Paul Bangel noted that Mr. Mensing would like to address the
Board regarding this matter, although the settlement proposal has already been rejected
under Item 7.I.
Fred Mensing, 7580 129th Street, Sebastian, stated that Sebastian Mayor Walter
Barnes is present to respond to any questions regarding the City of Sebastian's position
with regard to the subject property. He believed that he is offering the County a
"sweetheart" deal and he intends to use the funds he would net to put in a trust account for
his stepson's education. This matter will have to be resolved either in Court or before this
Board. As far as the Code Enforcement violations, he intends to file a suit today on that
matter, naming all 5 Commissioners personally, as well as the County. He is also asking
for reimbursement for the timbering which he believed the County had performed illegally.
He noted that the Commissioners would not be allowed to use County funds to defend
themselves personally in this lawsuit and stated that he would also sue for a wrongful death
FEBRUARY 11, 2003 17
action should his wife die as a result of stress from this matter. He stated that Cherokee
Nation attorneys would bring such a suit.
Chairman Macht thanked Mr. Mensing for his comments and noted that the Board
is enjoined from discussing this matter due to the current litigation.
Commissioner Neuberger asked what harm would be done by allowing a 60 -day
stay, and County Attorney Bangel noted that hearings are already calendared and any
settlement would be predicated on resolution of the code enforcement violations.
Commissioner Neuberger then questioned why Mr. Mensing doesn't just clean up
these violations, and Mr. Mensing responded that there is a dispute as to what is considered
"junk". He continued that in the beginning he had been ill and unable to worry about the
matter and then the fines were so high he felt his recourse was to dispute the violations.
City of Sebastian Mayor Barnes stated that the City will be considering
annexation of that property tomorrow night and there should be no problems.
Commissioner Ginn questioned whether this is the Sembler property, and Mayor
Barnes responded that the Sembler property is not included.
Commissioner Adams noted that the Sembler property was annexed into the City of
Sebastian in 1955 although the County records did not reflect that annexation until 4 or 5
years ago when Property Appraiser Nolte did some research.
MOTION WAS MADE BY Commissioner Neuberger to give Mr.
Mensing a 60 -day stay and see what happens.
Chairman Macht noted that a 60 -day stay would obviate the summary judgment set
for Monday, February 17, 2003 and a hearing scheduled for February 24 regarding the
injunction.
County Attorney Bangel asked for a motion to reconsider the matter prior to a vote
on Commissioner Neuberger's motion.
FEBRUARY 11, 2003 18
MOTION DIES FOR LACK OF SECOND AND CONSENT ACTION
STANDS. (From Item 7.I.: Motion by Commissioner Adams,
SECONDED by Commissioner Neuberger, to reject Mr. Mensing's
proposal to settle the code enforcement lien foreclosure and injunction
case according to the terms proposed by Mr. Mensing; to communicate to
Mr. Mensing that any settlement must include resolving code enforcement
issues and exclude any payment by the County to him or on his behalf, and
not to abate the lawsuit; all as recommended by staff.)
13.A.CHAIRMAN KENNETH R. MRCHT - RESOLUTION
2003-018 URGING CONTINUED $30 MILLION
ANNUAL BEACH MANAGEMENT FUNDING
(FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION BEACH EROSION CONTROL
PROJECT)
Chairman Macht requested adoption of the resolution, together with a
recommendation to all municipalities to consider a similar resolution.
ON MOTION by Commissioner Adams, SECONDED by Commissioner
Ginn, the Board unanimously adopted Resolution 2003-018 urging
continued $30 million annual beach management funding.
14.A.EMERGENCY SERVICES DISTRICT
None.
FEBRUARY 11, 2003 19
14.B. SOLID WASTE DISPOSAL DISTRICT
None.
14.C.ENVIRONMENTAL CONTROL BOARD
None.
ALL BACKUP DOCUMENTATION, RESOLUTIONS AND ORDINANCES ARE ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART
OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 11:23 a.m.
ATTEST:
Jeffrey K. Barton, Clerk Kenneth R. Macht, Chairman
Minutes Approved:
03/11 /03/BCC/PLJ/3003Minutes
FEBRUARY 11, 2003 20